“User”, “Users”, “You” or “you” refers to individuals and entities accessing the Site.
“Job Seeker” or “Job Seekers” refers to individuals accessing the Site who are looking for city government career jobs or advancement opportunities.
“City Government” refers to chartered or incorporated city government entities located in the United States.
“City Government User” or “City User” refers to an employee who works for a City Government who is authorized by their City Government to use Site.
“County” or “Counties” refers to geographic and government subdivision(s) within a State in the United States, that include multiple City Governments within the County’s jurisdiction.
“Visitor” or “Visitors” refers to individuals who access the Site that do not register as a Job Seeker or City Government User.
“Services” refers to functions performed by the Site for registered Users, including but not limited to, displaying search results for jobs, allowing submittal of interest in job titles, permitting posts of job alerts, and notifying Job Seeker Users of job alerts.
3. GENERAL PERMITTED USERS AND USE OF THE SITE
You must be at least eighteen (18) years of age to access and/or use this Site. You may not use the Site if your use of the Site has been previously terminated or suspended by Company, unless we have provided you with written authorization to re-use the Site.
Company authorizes Job Seeker Users to access the Site for personal non-commercial purposes in order to find jobs or career advancement opportunities at City Governments located in County areas served by Company. Each Job Seeker User is required to register in order to access the Site on a repeat basis to view updated information on job opportunities included on, or accessible through, the Site’s features, or to receive automated job alerts by email or other means.
Company permits employees of City Governments who have authority to conduct recruitments to register and use the Site. Only City Governments located in Counties actively served by Company may register, and only employees authorized by their City Government to register may use the Site. Once a City Government registers their City, the first registered User may add subsequent City Government Users, provided, however, the number of Users is permitted by City’s subscription option, and such additional Users have responsibility for conducting recruitments and are employed by the same City Government; City Government Users are prohibited from adding persons as Users who do not work for their City Government.
Visitors may browse the Site’s publicly available pages solely for the purpose of determining whether they want to become a registered Job Seeker User or City Government User. Visitors may not repeatedly use our jobs search or city links search features in order to bypass registration.
4. GENERAL USER REPRESENTATIONS & PROHIBITED ACTIVITIES
By using the Site, you represent and warrant that:
5. INTELLECTUAL PROPERTY RIGHTS
With the exception of content owned by, or license from, third parties, including “User Content”, the Site is Company’s proprietary property and all source code, databases, functionality, software, website designs, graphics, video, photographs and text posted on the Site by Company (collectively, the "Content") including the trademarks, service marks, and logos of Company’s (the "Marks") are owned or controlled by Company or licensed to us, and are protected by copyright, trademark and patent laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
This Site is covered by US Patent No. 9,449,300.
6. CITY PROFILES & LINKS SERVICE OVERVIEW, DISCLOSURE AND USER TERMS
A. City Users
The Site includes a feature that allows City Government Users to create a profile to promote their City (“City Profile”), and to make your City’s jobs and other resources available to both Job Seekers and other City Governments. To help City Government Users get started, we have uploaded publicly available, non-copyrightable information into our database for City Governments to use on their City Profiles.
Upon registration, City Users agree to review uploaded City Profile information and to make any changes to ensure that the information is accurate. We also recommend that City Governments add or edit the following City Profile information upon registration: (1) City seal; (2) banner photo or graphic; and (3) promotional article about your City.
NOTE: Company has uploaded Uniform Resource Locators (“URLs”) or hyperlinks to the Site, which may link Users to third-party websites. These URLs are considered non-copyrightable and, moreover, the URLs or hyperlinks uploaded to the Site which direct Users to City Job Opportunities and Job Descriptions web pages hosted by non-governmental third-parties were obtained by Company solely through Public Records Act requests or directly from City Government websites, the uses of which are unrestricted under applicable California laws.
We recommend that City Government Users review and edit available hyperlinks associated with their City Profile upon registration, including City Home page URL, Human Resources Department URL, Salary Tables URL, Labor Agreements URL, and Organization Charts URL, in addition to Job Announcements URL and Job Descriptions URL.
City Users acknowledge that hyperlinks added to City Profiles are searchable by both City Government and Job Seeker Users as part of Services, and as a City User you agree to not delete these hyperlinks to simply prevent their use and access by other Site Users.
B. Job Seeker Users
Job Seeker Users acknowledge and agree that hyperlinks on Site may not always go directly to the destination represented by the hyperlink name. In some cases, the User may be required to click on additional links to navigate to the desired web page represented by the hyperlink name. Concerned Users may report any links that do not work as expected to Customerservice@citygovjobs.co with subject line being “Link Concern” and Company will review the hyperlink.
7. JOB ALERT SERVICE OVERVIEW, DISCLOSURES AND USER TERMS
A. Purpose and Limitation
The Site is intended to help city government career Job Seekers more easily find jobs they are best qualified for in locations where they want to work, and to help City Governments get applications from well qualified applicants with city government experience.
Toward this end, the Site offers Job Seekers the ability to search for and submit interest in budgeted job titles (“Jobs of Interest”) at multiple City Governments and provides City Governments the ability to quickly post Job Alerts and Announcements for open positions and distribute such alerts to Job Seekers. As a User of said Services, you acknowledge and agree that “Job Alerts” are simply notifications that a particular City Government has a job opening and is accepting applications for the open position, and that Job Alerts typically include only limited information, such as the job title, salary or wage range, deadline for the application, and hyperlink to where Job Seekers may view the full job announcement. Job Announcements may include additional information such as a description of responsibilities and job requirements.
Moreover, you acknowledge and understand that Company services are limited and do not include job application portal or application tracking system (ATS).
B. City User Terms
To help City Governments get started, the Company has uploaded City budgeted job titles into our database in Counties actively being served and is making job titles available to Job Seekers to submit interest in. Job Titles were originally obtained through either public records requests or adopted operating budgets.
City Users agree to periodically review and maintain your City’s budgeted job titles to ensure that they are up-to-date and consistent with the titles in your position classification system. Registered City Government Users may add and edit job titles, and hide certain job titles from Job Seekers, but may only delete job titles if they are no longer budgeted. By using Site you agree to follow below Rules and guidance for maintaining budgeted jobs on Site for your City Government:
Rules for Budgeted Job Titles
City Subscriptions Generally
City subscription levels are based in part on how many budgeted job titles your City has in our database and how many job titles you hide from Job Seeker Users. To continue Service under the Free Unlimited Plan during or after your free trial, you agree to keep at least 80% of your budgeted job titles on Site visible to Job Seeker Users to submit interest in, and after free trial period, post same job titles as Job Alerts or Announcements on the Site when conducting recruitments. You may hide more than 20% of your budgeted Job Titles at any time, however, you acknowledge and understand that hiding more than 20% of your budgeted jobs will require you to select and agree to a paid subscription option. (See City Subscriptions Options on Site for more information.)
C. Job Seeker User Terms
Job Seeker Users hereby acknowledge, understand and agree that:
Notwithstanding above, to aid Job Seeker Users to submit interest in Jobs of “registered” City Government Users, registered City Government User’s “Jobs of Interest” are marked on Site with Stars. The number of stars that appears on Jobs of Interest generally reflects the following City commitment thresholds: 4 stars are assigned to Jobs of Interest of cities that commit to make at least 80% of their budgeted job titles available to Job Seekers to submit interest in; 3 stars reflect a 60% commitment; 2 stars reflect a 40% commitment; and 1 star reflects a 20% commitment. Users acknowledge and agree that Company reserves the right to change these thresholds and will update these Terms at time when changes are made.
D. Remedies for Non-Action
To promote the use of Site or remedy any deficiency in Job Alert postings, Company reserves the right to: (1) hide jobs not posted as Job Alerts by registered City Governments and delete all submitted interest in such job titles; (2) downgrade, suspend or terminate City Government user accounts; or (3) post Job Alerts to Job Seeker Users and link Users to job announcements that may be located on other websites provided Company has legal standing or authorization to link Users to other websites.
8. JOB SEEKER RESUMES
Site includes Services which allow Job Seeker Users to create a Resume. City Government Users may search for Resumes and save them solely for recruitment purposes to fill specific job openings. In order for a Job Seeker User to make your Resume available to City Governments through searches, you must actively set your Resume to be available. You may block a limited number of City Governments from accessing your Resume, however, you must list these City Governments in your Resume settings to block access to your Resume.
Job Seeker Users that make their Resumes available to City Governments acknowledge and agree that they may be contacted by City Governments directly and not through the Site. City Government Users agree not to disclose any data included on any Resume accessed through the Site, or disclose any Resume data to third-parties unless that party is a recruiter on contract with your City Government and is involved directly with the employment opportunity for which the Job Seeker Resume is to be considered and which is the subject of your disclosure.
9. USER CONTENT
Services permit Users to create profiles in the form of Resumes and City Profiles, post job alerts or announcements, and upload graphic files, City Seals and hyperlinks (“User Content”). User Content is the sole responsibility of the person or entity which posted the User Content on Site and we do not assert any ownership over User Content.
You represent and warrant that you have, or have obtained all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any User Content that you post or submit for display on or through the Site or the Services. You agree that such User Content will not contain material subject to copyright or any other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post or submit such material and to grant the Company the license set forth below.
You agree that Company makes no representations, warranties, promises or guarantees regarding the content provided or posted on Site by Users. You further acknowledge and agree that Company functions as a conduit or passive distributor of User Content and has no obligation to screen or verify User Content for accuracy, authenticity, or legality, and as a result you accept that Company is not responsible and has no liability for User Content. You recognize that you may be exposed to User Content that is not accurate, misleading or false, and that it is your responsibility to verify the accuracy and truthfulness of User Content, including, information contained on User Profiles or Resumes, Job Alerts or Announcements or any other information originating from Users.
10. USER CONTENT GRANT OF LICENSE
By registering as a User of Site, and by posting, submitting or otherwise making User Content available on Site for other Users, you expressly grant to us an unrestricted, unlimited, irrevocable, perpetual, royalty free, fully paid, transferable, non-exclusive, worldwide license to host, use, store, sell and exploit (commercially or otherwise), reformat, generate, disclose any and all User Content (in whole or in part) that does not constitute personally identifiable information for any purpose, including, without limitation, providing Service to Users. If you are a City Government User, you acknowledge and agree that Company has no obligation, and may be unable to remove your job alerts, announcements or other User Content, once this content is distributed to Job Seekers through emails or other channels.
11. USER ACCOUNTS
When registering for Service you agree and warrant that you will enter accurate and truthful information. Once registered for Service you will be granted a User Account. Your Account Settings section will allow you to change your password and other account information such as email address. You are required to maintain accurate and complete information during the term of your use of Service. You are solely responsible for the activity that occurs under your account. If you suspect any breach of your security or unauthorized access to your account you must notify Company immediately of your concerns.
If you have questions concerning your Account or Services, please email us at email@example.com or use Contact Us link at bottom of website.
12. FREE TRIALS, SUBSCRIPTIONS, FEES AND PAYMENTS
A. Free Trials and General Payment Policy
Each registered User begins Service with a Free Trial (“Trial User”) and both Job Seeker Users and City Government Users can continue Service using a Free service option at the end of your Free Trial. If no action is taken by Job Seeker Users to subscribe to a paid option, then you agree that your account will automatically convert to a free subscription option. Users continuing as Subscribers understand and agree to the following:
Job Seeker Trial Users
Once Trial User accounts are either continued on a free basis or a User opts into another subscription plan for ongoing Services, the service features of selected plan will go into effect immediately. Any interest a Job Seeker User submitted in jobs not permitted by the subscription option selected will be deleted, and so you are encouraged to carefully review the features of each subscription option before selecting a plan. You agree that Company is not responsible nor liable for any loss of User Content or submitted interest as a result of your subscription plan changes or conversion of your Free Trial to a Basic Free Plan.
City Government Trial Users
Once City Government Trial Users opt in to a subscription plan, the service features of that plan will go into effect immediately. As noted in Section 7, you are obligated to maintain your budgeted job titles on this Site, however, may hide as many job titles from Job Seekers as permitted by your subscription plan. Each time you hide job titles, your percentage of jobs available to job seekers will be reduced. It’s important to select a plan that matches the percentage of jobs you want to make available to job seekers on an ongoing basis and post these same job titles as job alerts when doing recruitments.
Fees and Payment Policy
If you elect to use a paid subscription plan, you agree to the fees as set forth for respective subscription/Service option and agree to payment terms as set forth below. All fees on Company’s Site are exclusive of any taxes. If applicable, you agree to pay any taxes related to subscription transactions, except Company’s income taxes. In general, all paid subscriptions are set to bill Users on a recurring basis and charges are billed in advance of Service. You agree that Company may add, remove, or change its Services or Fees at any time. Any changes to the Fees will go into effect on your billing cycle following the notice of the change.
To obtain information required to issue a purchase order, such as setting up CityGovtJobs.com LLC as a vendor in your accounts payable system, please send email to firstname.lastname@example.org with subject line “Vendor Info Request”. You may mail purchase orders to us at 912 N. Prospero Drive, Covina, CA 91722.
B. Canceling Service / No Refunds
City Government Users agree that when you cancel service your City User Account will be disabled or removed and your City Government will not be able to use the Site to post job alerts or perform other functions. Stars will also be removed from your budgeted jobs in our database. When canceling service, you agree not to delete information in your City Profile, including job titles, that have been uploaded to the Site by Company, and understand that this information may continue to be used by Company to provide Services to Job Seeker Users and other City Governments.
All payments for Services must be made using a credit or debit card. Company uses Stripe as third-party to process credit and debit card subscription payments. Subscription plans will automatically renew for recurring periods at the interval for the respective subscription plan you select (e.g., every 30 days or each year). You agree to provide accurate and complete payment information and keep such information up-to-date during the term of your subscription to enable recurring payments. Invoices reflecting payments are provided with Services and are accessed from your Accounts pages. You may printout or save the invoices to your computer for your own record.
D. Payments for Plan Upgrades or Downgrades
Payments for Upgrades
Job Seeker Users agree that when upgrading to a paid plan option that offers more features, that the service features of the upgraded plan selected will go into effect immediately, and that the User will be billed and required to pay the full amount for the upgraded plan on the date of the upgrade. User agrees that the date of the upgrade will be the new monthly bill date for recurring payments. Job Seeker Users that upgrade who are already on a paid plan, will receive a credit for the unused portion of their pre-paid plan at the time of the upgrade. The unused portion or credit on a User’s pre-paid plan will be calculated on a “pro-rata” basis.
City Government Users that upgrade from one monthly plan to another paid plan with more features and functions agree that the service features of the upgraded plan selected will go into effect immediately, and that the User will be billed and required to pay the full amount for the upgraded plan on the date of the upgrade. User agrees that the date of the upgrade will be the new monthly or annual bill date for recurring payments. City Government Users that upgrade who are on a monthly paid plan, will receive a credit for the unused portion of their pre-paid plan at the time of the upgrade. The unused portion or credit on a User’s pre-paid plan will be calculated on “pro-rata” basis.
Payments for Downgrades
Users acknowledge and agree that there are no credits, discounts or refunds allowed when Users change from one paid subscription plan to lower level paid plan. For Job Seeker Users, the Services included in the paid plan You select, including the new payment amount, will go into effect once your current subscription term lapses. For City Government Users, the Services included in the paid subscription plan You select will go into effect immediately, and the payment amount for the new plan will go into effect once your current plan has lapsed. For City Government Users, the intent of this structure is to allow you to hide more job titles immediately if desired.
13. SITE MAINTENANCE AND USER DATA AND CONTENT
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
14. THIRD-PARTY WEBSITES AND CONTENT
15. INFRINGING OR ILLEGAL CONTENT
A. Intellectual Property Rights
We respect the intellectual property rights of others, and it is our policy to respond to any claim that Content posted on the Site infringes on the intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your complaint in writing by email to our Copyright Agent at email@example.com, with the subject line: "Copyright Infringement" and include in your complaint a detailed description of the alleged Infringement as detailed below pursuant to the Digital Millennium Copyright Act (DMCA) (see 17 U.S.C 512(c)(3) for further detail:
DMCA NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
You can contact our Copyright Agent at following email: firstname.lastname@example.org
B. Other Illegal or Infringing Content
If you believe in good faith that any content on the Services is illegal or infringes your or a third party's right (excluding copyright infringement) or you wish to make us aware of any other illegal or infringing acts which relate to the Services, you can contact us via email at email@example.com. Any notice to us must contain: (a) a detailed description of the infringing or illegal material or activity including why it is infringing or illegal; (b) a detailed description specifying the location of the material that you claim is infringing or illegal (if applicable); and (c) your name, address, telephone number and e-mail address.
16. TERM AND TERMINATION
18. LIMITATIONS OF LIABILITY
You understand and agree that the Company shall not be responsible or liable for any loss or damage resulting from your use of the Site or the Services. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, LOST GOODWILL, LOST BUSINESS, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EITHER DIRECTLY OR INDIRECTLY, WHETHER SUCH CLAIM IS BASED ON CONTRACT, NEGLIGENCE, TORT (INCLUDING STRICT LIABILITY) OR OTHER LEGAL THEORY, AS A RESULT OF (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SITE OR THE SERVICES; (iv) UNAUTHORIZED ACCESS, USE OR ALTERNATION OF YOUR TRANSMISSIONS OR CONTENT, or (v) A BREACH OF ANY WARRANTY OR ANY OTHER TERM OF THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. YOUR ONLY OTHER REMEDY IF YOU ARE DISSATISFIED WITH THE SERVICES, THE SITE, OR THESE TERMS, IS TO DISCONTINUE USING THE SITE AND THE SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU ASSUME RESPONSIBILITY AND RISK FOR YOUR USE OF THESE SERVICES AND THE SITE. WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIALINFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
20. CHANGES TO TERMS
22. GENERAL TERMS
A. Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
B. Governing Law. This Agreement shall be governed by the laws of the United States and the State of California, without reference to conflicts of law principles. The Terms hereof shall be deemed to have been executed and performed in the State of California, and shall be exclusively governed by, construed and interpreted in accordance with the laws of the State of California as to all matters, including but not limited to matters of validity, construction, effect and performance, excluding choice of law principles of such State as may require application of the laws of another jurisdiction.
C. Non Waiver. The failure of the Company to enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision.
D. Severability. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
E. Entire Understanding. These Terms set forth the entire understanding and agreement between you and Company with respect to the subject matter contained herein, and supersedes any prior written or oral agreements or understandings.