Thomas A. Alspaugh
Amazon Web Services™ Customer Agreement
Updated December 6, 2010

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¶1¶1ṣ1PLEASE NOTE, TERMS AND CONDITIONS GOVERNING USE OF THE AMAZON ASSOCIATES WEB SERVICE™ ARE NOW LOCATED AT: ṣ1.1https://affiliate‑program.amazon.com/gp/advertising/api/detail/agreement.html

¶2¶2ṣ1PLEASE READ CAREFULLY — THIS IS A BINDING CONTRACT

¶3¶3ṣ1THIS AWS CUSTOMER AGREEMENT (AGREEMENT OR AMAZON WEB SERVICES CUSTOMER AGREEMENT) IS A BINDING AGREEMENT BETWEEN AMAZON WEB SERVICES LLC (AWS) AND YOU AND, IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (COLLECTIVELY, YOU). ¶3ṣ2THIS AGREEMENT INCORPORATES BY REFERENCE

  1. (1) ṣ2.1THE PRIVACY NOTICE POSTED ON WWW.AMAZON.COM (PRIVACY NOTICE),
  2. (2) ṣ2.2THE TERMS OF USE POSTED ON AWS.AMAZON.COM (TERMS OF USE),
  3. (3) ṣ2.3THE ACCEPTABLE USE POLICY POSTED ON AWS.AMAZON.COM (AUP),
  4. (4) ṣ2.4THE SERVICE TERMS POSTED ON AWS.AMAZON.COM (SERVICE TERMS), AND
  5. (5) ṣ2.5THE TRADEMARK GUIDELINES POSTED ON AWS.AMAZON.COM, AS THESE POLICIES AND TERMS MAY BE MODIFIED BY AWS OR ITS AFFILIATES FROM TIME TO TIME.

¶4¶4ṣ1BY CLICKING THE ACCEPT BUTTON FOR THIS AGREEMENT OR ACCEPTING ANY MODIFICATION TO THIS AGREEMENT IN ACCORDANCE WITH SECTION 2 BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. ¶4ṣ2IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THIS AGREEMENT, IN WHICH CASE YOU SHALL MEAN SUCH ENTITY. ¶4ṣ3IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST SELECT THE DECLINE BUTTON AND YOU MAY NOT USE THE SERVICES.

§0Welcome

§0¶1§0¶1ṣ1This Agreement includes the following Sections:

In the original, this list is inconsistently formatted, with the items for §5 through 16 presented as li elements but outside of any list, so no number or indent is present.

  1. 1. ṣ1.1The Services
  2. 2. ṣ1.2Modifications to this Agreement
  3. 3. ṣ1.3Term, Termination and Suspension
  4. 4. ṣ1.4Authorization and License to Use the Services
  5. 5. ṣ1.5Acceptable Use Policy and Service Terms
  6. 6. ṣ1.6License to Use Amazon® Properties
  7. 7. ṣ1.7Downtime and Service Suspensions; Security
  8. 8. ṣ1.8Fees
  9. 9. ṣ1.9Confidentiality
  10. 10. ṣ1.10Intellectual Property
  11. 11. ṣ1.11Representations and Warranties; Disclaimers; Limitations of Liability
  12. 12. ṣ1.12Indemnification
  13. 13. ṣ1.13US Government License Rights; Import and Export Compliance
  14. 14. ṣ1.14Disputes
  15. 15. ṣ1.15Notices
  16. 16. ṣ1.16Miscellaneous Provisions

1. §1The Services

§1¶1§1¶1ṣ1The services covered by this Agreement include both free services that AWS and its affiliates (referred to together herein as we or us) make available for no fee (the Free Services), and services that we make available for a fee (the ). §1¶1ṣ2The Free Services and the Paid Services are referred to collectively in this Agreement as the Services. §1¶1ṣ3Each Free Service and Paid Service is referred to individually as a Service.

1.1. §1.1Free Services. §1.1¶1§1.1¶1ṣ1The Free Services include the Alexa® Site Widgets, Amazon FWS and all other web services that we make available to you free of charge on the Amazon Web Services-branded or Alexa®-branded web sites accessible from aws.amazon.com (collectively, the AWS Website), except those web services for which we specifically provide a separate customer agreement.

1.2. §1.2Paid Services. §1.2¶1§1.2¶1ṣ1The Paid Services include all web services and any related support services that we make available to you for a fee on the AWS Website, except those web services for which we specifically provide a separate customer agreement. §1.2¶1ṣ2Our Paid Services include, but are not limited to:

§1.2¶2§1.2¶2ṣ1If you use Amazon FPS, you may incur fees for transactions that you submit through the Payment Service provided by Amazon Payments, which is described in Section 8, below. §1.2¶2ṣ2We may, in our sole discretion,

  1. (i) ṣ2.ibegin charging fees for a Free Service, in which case such Service will thereafter be deemed a Paid Service, or
  2. (ii) ṣ2.iicease charging fees for a Paid Service, in which case such Service will thereafter be deemed a Free Service.

2. §2Modifications to this Agreement

§2¶1§2¶1ṣ1You agree that we may modify this Agreement or any policy or other terms referenced in this Agreement (collectively, Additional Policies) at any time by posting a revised version of the Agreement or such Additional Policy on the AWS Website or our Developer Connection pages accessible at http://developer.amazonwebservices.com/connect/index.jspa. §2¶1ṣ2The revised terms shall be effective as follows:

§2¶2§2¶2ṣ1By continuing to use or receive the Services after the effective date of any revisions to this Agreement or any Additional Policies, you agree to be bound by the revised Agreement or any revised Additional Policies. §2¶2ṣ2It is your responsibility to check the AWS Website and the Developer Connection pages regularly for changes to this Agreement or the Additional Policies, as applicable. §2¶2ṣ3We last modified this Agreement on the date set forth at the top of this Agreement.

3. §3Term, Termination and Suspension

3.1. §3.1Term. §3.1¶1§3.1¶1ṣ1The term of this Agreement (Term) will commence, and you may begin using the Services, once you agree to the terms and conditions of this Agreement by clicking the Accept button below and complete the registration process for your Amazon Web Services account. §3.1¶1ṣ2The Agreement will remain in effect until terminated by you or us in accordance with this Section 3.

3.2. §3.2Termination by You for Convenience. §3.2¶1§3.2¶1ṣ1You may terminate this Agreement for any reason or no reason at all, at your convenience, by

  1. (i) ṣ1.iproviding us written notice of termination in accordance with Section 15 and
  2. (ii) ṣ1.iiclosing your account for any Service for which we provide an account closing mechanism.

3.3. §3.3Termination or Suspension by Us Other Than for Cause.

3.3.1. §3.3.1Free Services. §3.3.1¶1§3.3.1¶1ṣ1We may suspend your right and license to use any or all Free Services and any associated Amazon Properties (as defined in Section 6.1 below), or, if you are only using Free Services, terminate this Agreement in its entirety (and, accordingly, cease providing all Services to you), for any reason or for no reason, at our discretion at any time, immediately upon notice to you in accordance with the notice provisions set forth in Section 15 below.

3.3.2. §3.3.2Paid Services (other than Amazon FPS and Amazon DevPay). §3.3.2¶1§3.3.2¶1ṣ1We may suspend your right and license to use any or all Paid Services (and any associated Amazon Properties) other than Amazon FPS and Amazon DevPay, or terminate this Agreement in its entirety (and, accordingly, cease providing all Services to you), for any reason or for no reason, at our discretion at any time by providing you sixty (60) days' advance notice in accordance with the notice provisions set forth in Section 15 below.

3.3.3. §3.3.3Amazon FPS and Amazon DevPay. §3.3.3¶1§3.3.3¶1ṣ1We may suspend your right and license to use Amazon FPS or Amazon DevPay and any associated Amazon Properties, or, if you are only using Amazon FPS, terminate this Agreement in its entirety (and, accordingly, cease providing all Services to you), for any reason or for no reason, at our discretion at any time, immediately upon notice to you in accordance with the notice provisions set forth in Section 15 below.

3.4. §3.4Termination or Suspension by Us for Cause. §3.4¶1§3.4¶1ṣ1We may suspend your right and license to use any individual Service or any set of Services, or terminate this Agreement in its entirety (and, accordingly, your right to use all Services), for cause effective as set forth below:

3.4.1. §3.4.1§3.4.1¶1ṣ1Immediately upon our notice to you in accordance with the notice provisions set forth in Section 15 below if:

  1. (i) ṣ1.iyou attempt a denial of service attack on any of the Services;
  2. (ii) ṣ1.iiyou seek to hack or break any security mechanism on any of the Services or we otherwise determine that your use of the Services or the Amazon Properties poses a security or service risk to us, to any user of services offered by us, to any third party sellers on any of our websites, or to any of our or their respective customers or may subject us or any third party to liability, damages or danger;
  3. (iii) ṣ1.iiiyou otherwise use the Services in a way that disrupts or threatens the Services;
  4. (iv) ṣ1.ivyou are in default of your payment obligations hereunder and there is an unusual spike or increase in your use of the Services;
  5. (v) ṣ1.vwe determine, in our sole discretion, there is evidence of fraud with respect to your account;
  6. (vi) ṣ1.viyou use any of the AWS Content (as defined in Section 6.1) or Marks (as defined in Section 6.2) other than as expressly permitted herein;
  7. (vii) ṣ1.viiwe receive notice or we otherwise determine, in our sole discretion, that you may be using AWS Services for any illegal purpose or in a way that violates the law or violates, infringes, or misappropriates the rights of any third party;
  8. (viii) ṣ1.viiiwe determine, in our sole discretion, that our provision of any of the Services to you is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason; or
  9. (ix) ṣ1.ixsubject to applicable law, upon your liquidation, commencement of dissolution proceedings, disposal of your assets, failure to continue your business, assignment for the benefit of creditors, or if you become the subject of a voluntary or involuntary bankruptcy or similar proceeding.

3.4.2. §3.4.2§3.4.2¶1ṣ1Fifteen (15) days following our provision of notice to you in accordance with the notice provisions set forth in Section 15 below if you are in default of any payment obligation with respect to any of the Services or if any payment mechanism you have provided to us is invalid or charges are refused for such payment mechanism, and you fail to cure such payment obligation default or correct such payment mechanism problem within such 15 day period.

3.4.3. §3.4.3§3.4.3¶1ṣ1Five (5) days following our provision of notice to you in accordance with the notice provisions set forth in Section 15 below if you breach any other provision of this Agreement and fail, as determined by us, in our sole discretion, to cure such breach within such 5 day period.

3.5. §3.5Effect of Suspension or Termination.

3.5.1. §3.5.1Suspension. §3.5.1¶1§3.5.1¶1ṣ1Upon our suspension of your use of any Services, in whole or in part, for any reason,

  1. (i) ṣ1.ifees will continue to accrue for any Services that are still in use by you (including Premium Support), notwithstanding the suspension (including your continued storage of data on the Amazon S3 or Amazon SimpleDB service during the period of suspension);
  2. (ii) ṣ1.iiyou remain liable for all fees, charges and any other obligations you have incurred through the date of suspension with respect to the Services; and
  3. (iii) ṣ1.iiiall of your rights with respect to the applicable Services shall be terminated during the period of the suspension.

3.5.2. §3.5.2Termination. §3.5.2¶1§3.5.2¶1ṣ1Upon termination of this Agreement for any reason:

  1. (i) ṣ1.iyou remain liable for all fees, charges and any other obligations you have incurred through the date of termination with respect to the Services;
  2. (ii) ṣ1.iiall of your rights under this Agreement shall immediately terminate; and
  3. (iii) ṣ1.iiiyou shall immediately return, or if instructed by us, destroy all AWS Confidential Information (as defined in Section 9 below) and any Amazon Properties then in your possession.

3.6. §3.6Survival. §3.6¶1§3.6¶1ṣ1In the event this Agreement is terminated for any reason, Sections 3.5, 3.6, 3.7, 3.8, 4.2, 6, 8 (with respect to payments that are accrued but unpaid at the time of termination), and 9 through 16 will survive any such termination.

3.7. §3.7Data Preservation in the Event of Suspension or Termination.

3.7.1. §3.7.1In the Event of Suspension Other Than for Cause. §3.7.1¶1§3.7.1¶1ṣ1In the event of a suspension by us of your access to any Service for any reason other than a for cause suspension under Section 3.4.1, during the period of suspension,

  1. (i) ṣ1.iwe will not take any action to intentionally erase any of your data stored on the Services and
  2. (ii) ṣ1.iiapplicable Service data storage charges will continue to accrue.

3.7.2. §3.7.2In the Event of Termination Other Than for Cause. §3.7.2¶1§3.7.2¶1ṣ1In the event of any termination by us of any Service or any set of Services, or termination of this Agreement in its entirety, other than a for cause termination under Section 3.4.1,

  1. (i) ṣ1.iwe will not take any action to intentionally erase any of your data stored on the Services for a period of thirty (30) days after the effective date of termination; and
  2. (ii) ṣ1.iiyour post termination retrieval of data stored on the Services will be conditioned on your payment of Service data storage charges for the period following termination, payment in full of any other amounts due us, and your compliance with terms and conditions we may establish with respect to such data retrieval.

3.7.3. §3.7.3In the Event of Other Suspension or Termination. §3.7.3¶1§3.7.3¶1ṣ1Except as provided in Sections 3.7.1 and 3.7.2 above, we shall have no obligation to continue to store your data during any period of suspension or termination or to permit you to retrieve the same.

3.8. §3.8Post-Termination Assistance. §3.8¶1§3.8¶1ṣ1Following the suspension or termination of your right to use the Services by us or by you for any reason other than a for cause termination (i.e., a termination under Section 3.2 or under Section 3.3), you shall be entitled to take advantage of any post-termination assistance we may generally make available with respect to the Services, such as data retrieval arrangements we may elect to make available. §3.8¶1ṣ2We may also endeavor to provide you unique post-suspension or post-termination assistance, but we shall be under no obligation to do so. §3.8¶1ṣ3Your right to take advantage of any such assistance, whether generally made available with respect to the Services or made available uniquely to you, shall be conditioned upon your acceptance of and compliance with any fees and terms we specify for such assistance.

4. §4Authorization and License to Use the Services

§4¶1§4¶1ṣ1Subject to your acceptance of and compliance with this Agreement and with the payment requirements for the Services that are set forth on the applicable Service detail page on the AWS Website (as such payment terms may be updated from time to time), we hereby grant you a limited, non-exclusive, non-transferable, non-sublicenseable right and license, in and under our intellectual property rights, to access and use the Services, solely in accordance with the terms and conditions of this Agreement.

4.1. §4.1Permitted Uses Generally.

4.1.1. §4.1.1§4.1.1¶1ṣ1You may write or develop software, web sites, or other online services or technology that you store in, or that interface with, the Services (collectively Applications). §4.1.1¶1ṣ2Applications include machine images containing software applications, libraries, data and associated configuration settings (AMIs). §4.1.1¶1ṣ3You acknowledge that we may change, deprecate or republish APIs (as defined in Section 6.1 below) for any Service or feature of a Service from time to time, and that it is your responsibility to ensure that calls you make to any Service are compatible with then-current APIs for the Service. §4.1.1¶1ṣ4You further acknowledge that we may change or remove features or functionality of the Services at any time.

4.1.2. §4.1.2§4.1.2¶1ṣ1You may enable access and use of Your Content by your end users in accordance with the terms of this Agreement. §4.1.2¶1ṣ2Your Content means any Application, data or other content that you may

  1. (a) ṣ2.aprovide to us pursuant to this Agreement,
  2. (b) ṣ2.bmake available to any end users in conjunction with the Services, or
  3. (c) ṣ2.cdevelop, or use in connection with the Services.

§4.1.2¶1ṣ3Your Content includes, but is not limited to, software, data, and content that you or your end users upload to ours systems as a part of an Application. §4.1.2¶1ṣ4You are responsible for all terms and conditions applicable to Your Content.

4.1.3. §4.1.3§4.1.3¶1ṣ1You may make network calls or requests to the Services at any time that the Services are available, provided that, unless otherwise set forth in the Service Terms applicable to any Service, you (or if you build and release an Application, each installed copy of your Application) may not exceed the maximum file size or maximum calls per second limit (if any) set forth in the Service Terms for any particular Service (or, in the event the Service Terms for a Service do not indicate a maximum file size, greater than 40K).

4.2. §4.2Restricted Uses Generally.

4.2.1. §4.2.1§4.2.1¶1ṣ1You may not interfere or attempt to interfere in any manner with the functionality or proper working of the Services.

4.2.2. §4.2.2§4.2.2¶1ṣ1You may not compile or use the Amazon Properties or any other information obtained through the Services for the purpose of direct marketing, spamming, unsolicited contacting of sellers or customers, or other impermissible advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations.

4.2.3. §4.2.3§4.2.3¶1ṣ1You may not remove, obscure, or alter any notice of any Mark, or other intellectual property or proprietary right designation appearing on or contained within the Services or on any Amazon Properties.

4.2.4. §4.2.4§4.2.4¶1ṣ1Subject to the terms and conditions of this Agreement, you may generally publicize your use of the Services; ṣ1.1however, you may not issue any press release with respect to the Services or this Agreement without our prior written consent.

4.3. §4.3Accounts and Keys. §4.3¶1§4.3¶1ṣ1Unless otherwise stated in the applicable Service Terms, you may only create one account per email address. §4.3¶1ṣ2AWS accounts are associated with one or more public key/private key pairs, which are used to access the service. §4.3¶1ṣ3Examples include an Amazon-issued Access Key ID string (as a public key) and an Amazon-issued Secret Access Key string (as a private key), or an X.509 certificate (as a public key) and its corresponding private key. §4.3¶1ṣ4When you complete the account creation process, you will be issued unique account identifiers (Account Identifiers), and may add a public key to your account. §4.3¶1ṣ5Account Identifiers

  1. (i) ṣ5.iidentify your account and
  2. (ii) ṣ5.iiallow you to make requests to AWS.

§4.3¶1ṣ6The Account Identifier is immutable and will always uniquely identify your AWS account. §4.3¶1ṣ7Public key/private key pairs are unique to your account and are subject to change. §4.3¶1ṣ8Private keys are for your personal use only, and you may not sell, transfer, sublicense or otherwise disclose your private key to any other party. §4.3¶1ṣ9You may use your public key in the open in requests to AWS; ṣ9.1your public key is therefore not secret. §4.3¶1ṣ10However, you are responsible for maintaining the secrecy and security of your private key. §4.3¶1ṣ11You are fully responsible for all activities that occur under your Account Identifiers, regardless of whether such activities are undertaken by you or a third party. §4.3¶1ṣ12Therefore, you should contact us immediately if you believe a third party may be using your private key, or if your private key is otherwise lost or stolen. §4.3¶1ṣ13You are responsible for maintaining up-to-date and accurate information (including contact information) for your AWS account. §4.3¶1ṣ14We are not responsible for any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of Your Content or other data which you submit or use in connection with your account or the Services.

5. §5Acceptable Use Policy and Service Terms

§5¶1§5¶1ṣ1You may only use the Services in accordance with the AUP and the applicable Service Terms.

6. §6License to Use the Amazon Properties

6.1. §6.1Amazon Properties. §6.1¶1§6.1¶1ṣ1We may make available to you, for your installation, copying and/or use in connection with the Services, from time to time, a variety of software, data and other content and printed and electronic documentation (all such materials except those specifically made available by us under separate license terms, the Amazon Properties). §6.1¶1ṣ2Subject to your acceptance of this Agreement, ongoing compliance with its terms and conditions with respect to the subject Service, and payment if and as required for your right to use the subject Service, we hereby grant to you, without the right to sublicense, a limited, non-exclusive, non-transferable license during the Term, under our intellectual property or proprietary rights in the Amazon Properties, only to install, copy and use the Amazon Properties solely in connection with and as necessary for your use of such Services and solely to the extent in compliance with all the terms and conditions of this Agreement. §6.1¶1ṣ3The Amazon Properties may include, without limitation:

§6.1¶2§6.1¶2ṣ1Sample source code which we may make available from time to time for use in connection with the Services (Sample Source Code) and libraries which we may make available from time to time for use in connection with the Services (Libraries) will be made available to you under separate license that accompanies each Sample Source Code or Library and the term Amazon Properties, as used herein, specifically excludes any Sample Source Code or Libraries made available to you under separate license.

§6.1¶3§6.1¶3ṣ1Except as may be expressly authorized under this Agreement:

6.2. §6.2Restrictions with Respect to Use of Marks. §6.2¶1§6.2¶1ṣ1Your use of any trademarks, service marks, service or trade names, logos, and other designations of AWS and its affiliates or licensors (Marks) shall strictly comply with the Trademark Guidelines and the following provisions. §6.2¶1ṣ2You may use the Marks in conjunction with the display of the AWS Content and for the purpose of indicating that your Application was created using the Services. §6.2¶1ṣ3You must immediately discontinue use of any Mark as specified by us at any time in writing. §6.2¶1ṣ4We may modify any Marks provided to you at any time, and upon notice, you will use only the modified Marks and not the old Marks. §6.2¶1ṣ5Other than as specified in this Agreement, you may not use any trademark, service mark, trade name or other business identifier of Amazon or its affiliates unless you obtain Amazon's or its affiliates' prior written consent. §6.2¶1ṣ6In addition, you agree not to misrepresent or embellish the relationship between us and you, for example by implying that we support, sponsor, endorse, or contribute money to you or your business endeavors.

6.3. §6.3Nonexclusive Rights. §6.3¶1§6.3¶1ṣ1The rights granted by Amazon in this Agreement with respect to the Amazon Properties, the Marks and the Services are nonexclusive, and Amazon reserves the right to:

  1. (i) ṣ1.iitself act as a developer of products or services related to any of the products that you may develop in connection with the Amazon Properties or via your use of the Services; and
  2. (ii) ṣ1.iiappoint third parties as developers or systems integrators who may offer products or services which compete with Amazon or your Application.

7. §7Downtime and Service Suspensions; Security

7.1. §7.1Downtime and Service Suspensions. §7.1¶1§7.1¶1ṣ1In addition to our rights to terminate or suspend Services to you as described in Section 3 above, you acknowledge that:

  1. (i) ṣ1.iyour access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions; and
  2. (ii) ṣ1.iiwe shall also be entitled, without any liability to you, to suspend access to any portion or all of the Services at any time, on a Service-wide basis:
    1. (a) ṣ1.ii.afor scheduled downtime to permit us to conduct maintenance or make modifications to any Service;
    2. (b) ṣ1.ii.bin the event of a denial of service attack or other attack on the Service or other event that we determine, in our sole discretion, may create a risk to the applicable Service, to you or to any of our other customers if the Service were not suspended; or
    3. (c) ṣ1.ii.cin the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, Service Suspensions).

§7.1¶1ṣ2Without limitation to Section 11.5, we shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Suspension. §7.1¶1ṣ3To the extent we are able, we will endeavor to provide you email notice of any Service Suspension in accordance with the notice provisions set forth in Section 15 below and to post updates on the AWS Websites regarding resumption of Services following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so.

7.2. §7.2Security. §7.2¶1§7.2¶1ṣ1We strive to keep Your Content secure, but cannot guarantee that we will be successful at doing so, given the nature of the Internet. §7.2¶1ṣ2Accordingly, without limitation to Section 4.3 above and Section 11.5 below, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content and Applications. §7.2¶1ṣ3We strongly encourage you, where available and appropriate, to

  1. (a) ṣ3.ause encryption technology to protect Your Content from unauthorized access,
  2. (b) ṣ3.broutinely archive Your Content, and
  3. (c) ṣ3.ckeep your Applications or any software that you use or run with our Services current with the latest security patches or updates.

§7.2¶1ṣ4We will have no liability to you for any unauthorized access or use, corruption, deletion, destruction or loss of any of Your Content or Applications.

8. §8Fees

8.1. §8.1Service Fees. §8.1¶1§8.1¶1ṣ1In consideration of your use of any of the Paid Services, you agree to pay applicable fees for Paid Services in the amounts set forth on the respective Service detail pages on the AWS Website (including any minimum subscription fees). §8.1¶1ṣ2You are responsible for any fees assessed by Amazon Payments for transactions that you submit to the Payment Service using Amazon FPS. §8.1¶1ṣ3Fees for any new Service or new Service feature will be effective upon posting by us on the AWS Website for the applicable Service. §8.1¶1ṣ4We may increase or add new fees for any existing Service or Service feature, or implement a fee for any previously Free Service or Free Service feature, by giving you 30 days' advance notice. §8.1¶1ṣ5Such notice will be posted on the AWS Website on the Service detail page for the affected Service. §8.1¶1ṣ6You agree that you are responsible for checking the AWS Website each month to confirm whether there are any new fees and their effective date(s). §8.1¶1ṣ7All fees payable by you are exclusive of applicable taxes and duties, including, without limitation, VAT and applicable sales tax. §8.1¶1ṣ8You will provide such information to us as reasonably required to determine whether we are obligated to collect VAT from you, including without limitation your VAT identification number.

8.2. §8.2Payment. §8.2¶1§8.2¶1ṣ1We may specify the manner in which you will pay any fees, and any such payment shall be subject to our general accounts receivable policies from time to time in effect. §8.2¶1ṣ2All amounts payable by you under this Agreement will be made without setoff or counterclaim and without deduction or withholding. §8.2¶1ṣ3If any deduction or withholding is required by applicable law, you shall notify us and shall pay such additional amounts to us as necessary to ensure that the net amount that we receive, after such deduction and withholding, equals the amount we would have received if no such deduction or withholding had been required. §8.2¶1ṣ4Additionally, you shall provide us with documentation that the withholding and deducted amounts have been paid to the relevant taxing authority.

9. §9Confidentiality

9.1. §9.1Use and Disclosure. §9.1¶1§9.1¶1ṣ1You shall not disclose AWS Confidential Information during the Term or at any time during the three (3) year period following the end of the Term. §9.1¶1ṣ2As used in this Agreement, AWS Confidential Information means all nonpublic information disclosed by us, our business partners or our or their respective agents or contractors that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. §9.1¶1ṣ3AWS Confidential Information includes, without limitation,

  1. (i) ṣ3.inonpublic information relating to our or our business partners' technology, customers, business plans, promotional and marketing activities, finances and other business affairs (including, but not limited to, any information about or involving one of our so-called beta tests or a beta test product that you obtain as a result of your participation in such beta test),
  2. (ii) ṣ3.iithird-party information that we are obligated to keep confidential, and
  3. (iii) ṣ3.iiithe nature, content and existence of any discussions or negotiations between you and us.

§9.1¶1ṣ4Confidential Information does not include any information described in Section 9.2 or any information that you are required to disclose by law.

9.2. §9.2Excluded Information. §9.2¶1§9.2¶1ṣ1Notwithstanding any other provision in this Agreement, you shall not have any confidentiality obligation to us under Section 9.1 above, with respect to any information provided or made available by us hereunder, and we shall not have any confidentiality or non-use obligation to you hereunder with respect to any information, software application, data or content provided or made available by you hereunder that:

  1. (i) ṣ1.iis or becomes publicly available without breach of this Agreement;
  2. (ii) ṣ1.iican be shown by documentation to have been known to the receiving party at the time of its receipt from the disclosing party;
  3. (iii) ṣ1.iiiis received from a third party who did not acquire or disclose the same by a wrongful or tortious act; or
  4. (iv) ṣ1.ivcan be shown by documentation to have been independently developed by the receiving party.

9.3. §9.3Conflict with Separate Non-Disclosure Agreement. §9.3¶1§9.3¶1ṣ1If you and we are parties to a separate non-disclosure agreement (Stand-Alone NDA) and there is a conflict between the terms of the Stand-Alone NDA and the terms of this Section 9, the terms of the Stand-Alone NDA shall control.

10. §10Intellectual Property

10.1. §10.1Our Services and the Amazon Properties. §10.1¶1§10.1¶1ṣ1Other than the limited use and access rights and licenses expressly set forth in this Agreement, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to:

  1. (i) ṣ1.ithe Services;
  2. (ii) ṣ1.iithe Amazon Properties;
  3. (iii) ṣ1.iiithe Marks; and
  4. (iv) ṣ1.ivany other technology and software that we provide or use to provide the Services and the Amazon Properties.

§10.1¶1ṣ2You do not, by virtue of this Agreement or otherwise, acquire any ownership interest or rights in the Services, the Amazon Properties, the Marks, or other technology and software (including third party technology and software), except for the limited use and access rights described in this Agreement.

10.2. §10.2Your Applications, Data and Content. §10.2¶1§10.2¶1ṣ1Other than the rights and interests expressly set forth in this Agreement, and excluding Amazon Properties and works derived from Amazon Properties, you reserve all right, title and interest (including all intellectual property and proprietary rights) in and to Your Content. §10.2¶1ṣ2We will not disclose Your Content, except:

  1. (i) ṣ2.iif you expressly authorize us to do in connection with your use of the Services; or
  2. (ii) ṣ2.iias necessary to provide the Services to you, or to comply with the Agreement or the request of a governmental or regulatory body, subpoenas or court orders.

10.3. §10.3Feedback. §10.3¶1§10.3¶1ṣ1In the event you elect, in connection with any of the Services, to communicate to us suggestions for improvements to the Services, the Amazon Properties or the Marks (collectively, Feedback), we shall own all right, title, and interest in and to the same, even if you have designated the Feedback as confidential, and we shall be entitled to use the Feedback without restriction. §10.3¶1ṣ2You hereby irrevocably assign all right, title and interest in and to the Feedback to us and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback.

10.4. §10.4Non-Assertion. §10.4¶1§10.4¶1ṣ1During and after the term of the Agreement, with respect to any of the Services that you elect to use, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our customers, end users, vendors, business partners (including third party sellers on websites operated by or on behalf of us), licensors, sublicensees or transferees, any patent infringement or other intellectual property infringement claim with respect to such Services.

11. §11Representations and Warranties; Disclaimers; Limitations of Liability

11.1. §11.1Use of the Services. §11.1¶1§11.1¶1ṣ1You represent and warrant that you will not use the Services, Amazon Properties and/or your Application and Your Content:

  1. (i) ṣ1.iin a manner that infringes, violates or misappropriates any rights of us or any third party;
  2. (ii) ṣ1.iito engage in spamming or other impermissible advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations, including, without limitation, the CAN SPAM Act of 2003;
  3. (iii) ṣ1.iiiin any manner that constitutes or facilitates the illegal export of any controlled or otherwise restricted items, including, without limitation, software, algorithms or other data that is subject to export laws; and/or
  4. (iv) ṣ1.ivin a way that is otherwise illegal or promotes illegal activities, including, without limitation, in a manner that might be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age.

11.2. §11.2Applications and Content. §11.2¶1§11.2¶1ṣ1You represent and warrant:

  1. (i) ṣ1.ithat you are solely responsible for the development, operation, and maintenance of Your Content, including without limitation, the accuracy, security, appropriateness and completeness of Your Content and all product-related materials and descriptions;
  2. (ii) ṣ1.iithat you have the necessary rights and licenses, consents, permissions, waivers and releases to use and display Your Content;
  3. (iii) ṣ1.iiithat Your Content
    1. (a) ṣ1.iii.adoes not violate, misappropriates or infringes any rights of us or any third party,
    2. (b) ṣ1.iii.bdoes not constitutes defamation, invasion of privacy or publicity, or otherwise violates any rights of any third party, or
    3. (c) ṣ1.iii.cis not designed for use in any illegal activity or to promote illegal activities, including, without limitation, use in a manner that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
  4. (iv) ṣ1.ivthat Your Content does not contain any unauthorized data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code (collectively Harmful Components); and
  5. (v) ṣ1.vto the extent to which you use any of the Marks, that you will conduct your business in a professional manner and in a way that reflects favorably on the goodwill and reputation of Amazon.

11.3. §11.3Public Software and Feedback. §11.3¶1§11.3¶1ṣ1You represent and warrant that you will not use, and will not authorize any third party to use, any Public Software in connection with the Services in any manner that requires, pursuant to the license applicable to such Public Software, that any Amazon Properties or Services be

  1. (a) ṣ1.adisclosed or distributed in source code form,
  2. (b) ṣ1.bmade available free of charge to recipients, or
  3. (c) ṣ1.cmodifiable without restriction by recipients.

§11.3¶1ṣ2With respect to any Feedback, you represent and warrant that such Feedback, in whole or in part, contributed by or through you,

  1. (i) ṣ2.icontains no third party software or any software that may be considered Public Software and
  2. (ii) ṣ2.iidoes not violate, misappropriate or infringe any intellectual property rights of any third party.

§11.3¶1ṣ3Public Software means any software, documentation or other material that contains, or is derived (in whole or in part) from, any software, documentation or other material that is distributed as free software, open source software (e.g., Linux) or similar licensing or distribution models, including, but not limited to software, documentation or other material licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models similar to any of the following:

  1. (i) ṣ3.iGNU's General Public License (GPL), Lesser/Library GPL (LGPL), or Free Documentation License,
  2. (ii) ṣ3.iiThe Artistic License (e.g., PERL),
  3. (iii) ṣ3.iiithe Mozilla Public License,
  4. (iv) ṣ3.ivthe Netscape Public License,
  5. (v) ṣ3.vthe Sun Community Source License (SCSL),
  6. (vi) ṣ3.vithe Sun Industry Standards License (SISL),
  7. (vii) ṣ3.viithe BSD License and
  8. (viii) ṣ3.viiithe Apache License.

11.4. §11.4Authorization and Account Information. §11.4¶1§11.4¶1ṣ1You represent and warrant that:

  1. (i) ṣ1.ithe information you provide in connection with your registration for the Services is accurate and complete;
  2. (ii) ṣ1.iiif you are registering for the Services as an individual, that you are at least 18 years of age and have the legal capacity to enter into this Agreement; and
  3. (iii) ṣ1.iiiif you are registering for the Services as an entity or organization,
    1. (a) ṣ1.iii.ayou are duly authorized to do business in the country or countries where you operate,
    2. (b) ṣ1.iii.bthe individual clicking Accept on this Agreement and completing the registration for the Services meets the requirements of subsection (ii) above and is an authorized representative of your entity, and
    3. (c) ṣ1.iii.cyour employees, officers, representatives and other agents accessing the Services are duly authorized to access the Services and to legally bind you to this Agreement and all transactions conducted under your account.

11.5. §11.5Disclaimers. §11.5¶1§11.5¶1ṣ1AMAZON PROPERTIES, THE MARKS, THE SERVICES AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, CONTENT, IMAGES, MATERIALS AND OTHER DATA OR INFORMATION PROVIDED BY US OR OUR LICENSORS IN CONNECTION THEREWITH (COLLECTIVELY THE SERVICE OFFERINGS) ARE PROVIDED AS IS. §11.5¶1ṣ2WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. §11.5¶1ṣ3EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. §11.5¶1ṣ4WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICE OFFERINGS WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE DATA YOU STORE WITHIN THE SERVICE OFFERINGS WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. §11.5¶1ṣ5WE AND OUR LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS, INCLUDING THOSE THAT AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY PAYMENT SERVICES. §11.5¶1ṣ6NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY THIRD PARTY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

11.6. §11.6Your Applications are Your Responsibility. §11.6¶1§11.6¶1ṣ1In addition to the foregoing, we specifically disclaim all liability, and you shall be solely responsible for the development, operation, and maintenance of your Application (including any Bundled Application) and for all materials that appear on or within your Application and you agree that you shall, without limitation, be solely responsible for:

_ṣ1.1Note(

The following look like list items (each is a clause) but are numbered in the original like sub-sub-sections and so are §¶s-numbered that way here.

)

11.6.1. §11.6.1§11.6.1¶1ṣ1the technical operation of your Application and all related equipment;

11.6.2. §11.6.2§11.6.2¶1ṣ1the accuracy and appropriateness of any materials posted on or within your Application (including, among other things, any product-related materials);

11.6.3. §11.6.3§11.6.3¶1ṣ1ensuring that any materials posted on your site or within your Application are not illegal and do not promote illegal activities, including without limitation any activities that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;

11.6.4. §11.6.4§11.6.4¶1ṣ1ensuring that your Application accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers;

11.6.5. §11.6.5§11.6.5¶1ṣ1any of your users' or customers' claims relating to your Application or any Services utilized in connection with your Application; ṣ1.1and

11.6.6. §11.6.6§11.6.6¶1ṣ1your election to utilize AMIs, sample code and libraries that may be made available on the AWS Website, many of which may be provided by third parties and many of which we have not tested or screened in any way.

11.7. §11.7Links. §11.7¶1§11.7¶1ṣ1The AWS Website and/or the Services may contain links to websites that are not under our control (Third Party Sites). §11.7¶1ṣ2We are not responsible for the contents or functionality of any Third Party Sites or any website that can be accessed via links on any Third Party Site. §11.7¶1ṣ3We provide these links to you as a convenience and the inclusion of any such links does not constitute or imply our endorsement or validation of any Third Party Site.

11.8. §11.8Limitations of Liability. §11.8¶1§11.8¶1ṣ1NEITHER WE NOR ANY OF OUR LICENSORS SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM:

  1. (i) ṣ1.iTHE USE OR THE INABILITY TO USE THE SERVICES;
  2. (ii) ṣ1.iiTHE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; OR
  3. (iii) ṣ1.iiiUNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT.

§11.8¶1ṣ2IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO US HEREUNDER FOR THE SERVICES. §11.8¶1ṣ3SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. §11.8¶1ṣ4ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

12. §12Indemnification

12.1. §12.1General. §12.1¶1§12.1¶1ṣ1You agree to indemnify, defend and hold us, our affiliates and licensors, each of our and their business partners (including third party sellers on websites operated by or on behalf of us) and each of our and their respective employees, officers, directors and representatives, harmless from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including reasonable attorneys fees), arising out of or in connection with any claim arising out of

  1. (i) ṣ1.iyour use of the Services and/or Amazon Properties in a manner not authorized by this Agreement, and/or in violation of the applicable restrictions, Additional Policies, and/or applicable law,
  2. (ii) ṣ1.iiYour Content, or the combination of either with other applications, content or processes, including but not limited to any claim involving infringement or misappropriation of third-party rights and/or the use, development, design, manufacture, production, advertising, promotion and/or marketing of Your Content,
  3. (iii) ṣ1.iiiyour violation of any term or condition of this Agreement or any applicable Additional Policies, including without limitation, your representations and warranties, or
  4. (iv) ṣ1.ivyou or your employees' or personnel's negligence or willful misconduct.

12.2. §12.2Notification. §12.2¶1§12.2¶1ṣ1We agree to promptly notify you of any claim subject to indemnification; ṣ1.1provided that our failure to promptly notify you shall not affect your obligations hereunder except to the extent that our failure to promptly notify you delays or prejudices your ability to defend the claim. §12.2¶1ṣ2At our option, you will have the right to defend against any such claim with counsel of your own choosing (subject to our written consent) and to settle such claim as you deem appropriate, provided that you shall not enter into any settlement without our prior written consent and provided that we may, at any time, elect to take over control of the defense and settlement of the claim.

13. §13US Government License Rights; Import and Export Compliance

13.1. §13.1U.S. Government License Rights. §13.1¶1§13.1¶1ṣ1All Services provided to the U.S. Government are provided under the commercial license rights and restrictions generally applicable under this Agreement.

13.2. §13.2Import and Export Compliance and Restrictions. §13.2¶1§13.2¶1ṣ1You shall, in connection with your use of the Services or the Amazon Properties, comply with all applicable import, export and re-export control laws and regulations of any country, including the U.S. Export Administration Regulations, the U.S. International Traffic in Arms Regulations, Council Regulation (EC) No 428/2009 on the control of exports of dual-use items and technology, and country-specific economic sanctions programs or embargoes adopted against countries or individuals under any applicable national or international legislation, including any measures implemented by the U.S. Office of Foreign Assets Control.

14. §14Disputes

14.1. §14.1§14.1¶1ṣ1Notwithstanding anything to the contrary, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of Amazon's or any third party's intellectual property and/or proprietary rights. §14.1¶1ṣ2Any dispute relating in any way to your visit to the AWS Website or to products or services sold or distributed by AWS or its affiliates in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in King County, Washington, and you consent to exclusive jurisdiction and venue in such courts. §14.1¶1ṣ3You further acknowledge that our rights in the Amazon Properties are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.

14.2. §14.2Governing Law. §14.2¶1§14.2¶1ṣ1By using the Services, you agree that the laws of the State of Washington, without regard to principles of conflicts of laws, will govern this Agreement and any dispute of any sort that might arise between you and us. §14.2¶1ṣ2The parties expressly exclude application of the United Nations Convention for the International Sale of Goods to this Agreement.

15. §15Notices

15.1. §15.1To You. §15.1¶1§15.1¶1ṣ1Except as otherwise set forth herein, notices made by us to you under this Agreement that affect our customers generally (e.g., notices of updated fees, etc.) will be posted on the AWS Website. §15.1¶1ṣ2Notices made by us under this Agreement for you or your account specifically (e.g., notices of breach and/or suspension) will be provided to you via the email address provided to us in your registration for the Services or in any updated email address you provide to us in accordance with standard account information update procedures we may provide from time to time. §15.1¶1ṣ3It is your responsibility to keep your email address current and you will be deemed to have received any email sent to any such email address, upon our sending of the email, whether or not you actually receive the email.

15.2. §15.2To Us. §15.2¶1§15.2¶1ṣ1For notices made by you to us under this Agreement and for questions regarding this Agreement or the Services, you may contact Amazon as follows:

§15.2¶2§15.2¶2ṣ1aws@amazon.com

§15.2¶3§15.2¶3ṣ1and/or

§15.2¶4§15.2¶4ṣ1Amazon Web Services LLC
410 Terry Ave. North
Seattle, WA 98109

15.3. §15.3Language. §15.3¶1§15.3¶1ṣ1All communications and notices to be made or given pursuant to this Agreement shall be in the English language.

16. §16Miscellaneous Provisions

16.1. §16.1Third Party Activities. §16.1¶1§16.1¶1ṣ1If you authorize, assist, encourage or facilitate another person or entity to take any action related to the subject matter of this Agreement, you shall be deemed to have taken the action yourself.

16.2. §16.2Severability. §16.2¶1§16.2¶1ṣ1If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. §16.2¶1ṣ2If such construction is not possible, the provision will be severed from this Agreement, and the rest of the Agreement shall remain in full force and effect.

16.3. §16.3Waivers. §16.3¶1§16.3¶1ṣ1The failure by us to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. §16.3¶1ṣ2All waivers by us must be in writing to be effective.

16.4. §16.4Successors and Assigns. §16.4¶1§16.4¶1ṣ1This Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.

16.5. §16.5Entire Agreement. §16.5¶1§16.5¶1ṣ1This Agreement incorporates by reference all policies and guidelines posted on the AWS Website, including all Additional Policies, and constitutes the entire agreement between you and us regarding the subject matter hereof and supersedes any and all prior or contemporaneous representation, understanding, agreement, or communication between you and us, whether written or oral, regarding such subject matter. §16.5¶1ṣ2We will not be bound by, and specifically object to, any term, condition or other provision which is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) and which is submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document.

16.6. §16.6No Endorsement. §16.6¶1§16.6¶1ṣ1You understand and acknowledge that we are not certifying nor endorsing, and have no obligation to certify or endorse, any of your Applications or Your Content.

16.7. §16.7Relationship. §16.7¶1§16.7¶1ṣ1Nothing in this Agreement is intended to or does create any type of joint venture, creditor-debtor, escrow, partnership or any employer/employee or fiduciary or franchise relationship between you and us (or any of our affiliates).

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