Common use of ASSIGNMENT; ENTIRE AGREEMENT; REVISIONS Clause in Contracts

ASSIGNMENT; ENTIRE AGREEMENT; REVISIONS. 12.1 You may not, directly or indirectly, by operation of law or otherwise, assign all or any part of these Terms or Your rights under these Terms or delegate performance of Your duties under these Terms without Xxxxxx’s prior consent, which consent will not be unreasonably withheld. We may, without Your consent, assign Our agreement with You to any member of the Dubber Group or in connection with any merger or change of control of Dubber or the sale of all or substantially all of Our assets provided that any such successor agrees to fulfill its obligations pursuant to these Terms. Subject to the foregoing restrictions, these Terms will be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. 12.2 These Terms, together with any Form(s), constitute the entire agreement, and supersede any and all prior agreements between You and Dubber with regard to the subject matter hereof. These Terms and any Form(s) shall apply in lieu of the terms or conditions in any purchase order or other order documentation You or any Entity which you represent provides (all such terms or conditions being null and void), and, except as expressly stated herein, there are no other agreements, representations, warranties, or commitments which may be relied upon by either party with respect to the subject matter hereof. Notwithstanding the foregoing, additional terms may apply to certain features or functionality Dubber offers through the Service (the “Additional Terms”). In those instances, We will notify You of such Additional Terms prior to the activation of these features or functionality and the activation of these features or functionality in Your Account will be considered acceptance of the Additional Terms. All such Additional Terms will be considered incorporated into these Terms when You or any User designated as an administrator on your Account activates the feature or functionality. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. 12.3 We may amend these Terms from time to time, in which case the new Terms will supersede prior versions. We will notify You not less than ten (10) days prior to the effective date of any such amendment and Your continued use of the Service following the effective date of any such amendment may be relied upon by Xxxxxx as Your consent to any such amendment. Xxxxxx’s failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of the Terms.

Appears in 1 contract

Samples: Terms of Service

AutoNDA by SimpleDocs

ASSIGNMENT; ENTIRE AGREEMENT; REVISIONS. 12.1 You may not, directly or indirectly, by operation of law or otherwise, assign all or any part of these Terms or Your rights under these Terms or delegate performance of Your duties under these Terms without XxxxxxRutter’s prior consent, which consent will not be unreasonably withheld. We may, without Your consent, assign Our agreement with You to any member of the Dubber Group or in connection with any merger or change of control of Dubber Xxxxxx or the sale of all or substantially all of Our assets provided that any such successor agrees to fulfill its obligations pursuant to these Terms. Subject to the foregoing restrictions, these Terms will be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. 12.2 These Terms, together with any Form(s), constitute the entire agreement, agreement and supersede any and all prior agreements between You and Dubber Xxxxxx with regard to the subject matter hereof. These Terms and any Form(s) shall apply in lieu of the terms or conditions in any purchase order or other order documentation You or any Entity which you represent provides (all such terms or conditions being null and void), and, except as expressly stated herein, there are no other agreements, representations, warranties, or commitments which may be relied upon by either party with respect to the subject matter hereof. Notwithstanding the foregoing, additional terms may apply to certain features or functionality Dubber Xxxxxx offers through the Service (the “Additional Terms”). In those instances, We will notify You of such Additional Terms prior to the activation of these features or functionality and the activation of these features or functionality in Your Account will be considered acceptance of the Additional Terms. All such Additional Terms will be considered incorporated into these Terms when You or any User designated as an administrator on your Account activates the feature or functionality. Where there’s ’ is a conflict between these Terms and the Additional Terms, the Additional Terms will control. 12.3 We may amend these Terms from time to time, in which case the new Terms will supersede prior versions. We will notify You not less than ten (10) days prior to the effective date of any such amendment and Your continued use of the Service following the effective date of any such amendment may be relied upon by Xxxxxx as Your consent to any such amendment. XxxxxxRutter’s failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of the Terms.

Appears in 1 contract

Samples: Terms of Use

ASSIGNMENT; ENTIRE AGREEMENT; REVISIONS. 12.1 10.1 You may not, directly or indirectly, by operation of law or otherwise, assign all or any part of these Terms or Your rights under these Terms or delegate performance of Your duties under these Terms without XxxxxxZendesk’s prior consent, which consent will not be unreasonably withheld. We may, without Your consent, assign Our agreement with You to any member of the Dubber Zendesk Group or in connection with any merger or change of control of Dubber Zendesk or the sale of all or substantially all of Our assets provided that any such successor agrees to fulfill its obligations pursuant to these Terms. Subject to the foregoing restrictions, these Terms will be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. 12.2 10.2 These Terms, together with any Form(s), Terms constitute the entire agreement, and supersede any and all prior agreements between You and Dubber Zendesk with regard to the subject matter hereof. These Terms and any Form(s) shall apply in lieu of the terms or and conditions in any purchase order or other order documentation You or any Entity which you You represent provides (all such terms or and conditions being null and void), ; and, except as expressly stated permitted herein, there are no other agreements, representations, warranties, or commitments which may be relied upon by either party with respect to the subject matter hereof. Notwithstanding the foregoing, additional terms may apply to certain features or functionality Dubber offers offered through the Service Partner Portal (the “Additional Terms”). In those instances, We will notify You of such Additional Terms prior to the activation of these features or functionality and the activation of these features or functionality in Your Account will be considered acceptance of the Additional Terms. All such Additional Terms will be considered incorporated into these Terms when You or any Authorized User designated authorized as an administrator on your in Your Account activates activate the feature or functionality. Where there’s there is a conflict between these Terms and the Additional Terms, the Additional Terms will control. 12.3 10.3 We may amend these Terms from time to time, in which case the new Terms will supersede prior versions. We will notify You not less than ten (10) days prior to the effective date of any such amendment and Your continued use of the Service Partner Portal following the effective date of any such amendment may be relied upon by Xxxxxx Zendesk as Your consent to any such amendment. XxxxxxZendesk’s failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of the Terms.

Appears in 1 contract

Samples: Terms of Service

AutoNDA by SimpleDocs

ASSIGNMENT; ENTIRE AGREEMENT; REVISIONS. 12.1 16.1 You may shall not, directly or indirectly, by operation of law or otherwise, assign all or any part of these Terms or Your rights under these Terms or delegate performance of Your duties under these Terms without Xxxxxx’s Our prior written consent, which consent will not be unreasonably withheld. We may, without Your consent, assign Our agreement with You under these Terms to any member of the Dubber Group Companies or in connection with any merger or change of Our control of Dubber or the sale of all or substantially all of Our assets provided that any such successor agrees to fulfill its obligations pursuant to these Terms. Subject to the foregoing restrictions, these Terms will be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. 12.2 16.2 These Terms, together with any Form(s)) and Supplemental Terms, constitute the entire agreement, and supersede any and all prior agreements between You and Dubber Us with regard to the subject matter hereof. These Terms and any Form(s) shall apply in lieu of prevail over the terms or conditions in any purchase order or other order documentation You or any Entity which you You represent provides (all such terms or conditions being null and void), and, except as expressly stated herein, there are no other agreements, representations, warranties, or commitments which may be relied upon by either party with respect to the subject matter hereof. Notwithstanding In the foregoing, additional terms may apply to certain features or functionality Dubber offers through the Service (the “Additional Terms”). In those instances, We will notify You event of such Additional Terms prior to the activation of these features or functionality and the activation of these features or functionality in Your Account will be considered acceptance of the Additional Terms. All such Additional Terms will be considered incorporated into these Terms when You or any User designated as an administrator on your Account activates the feature or functionality. Where there’s a conflict between any Form and these Terms, these Terms and the Additional Terms, the Additional Terms will controlshall prevail. 12.3 16.3 We may amend these Terms from time to time, in which case the new Terms will supersede prior versions. Please read these Terms of use carefully before You start to use Our Service(s) or Websites, as these will apply to Your use of the Service(s) and Our Websites. Please check these Terms from time to time to take notice of any changes We made, as they will be binding on You. We will notify You not less than ten (10) days prior to the effective date of any such amendment amendments to these terms of service and Your continued use of the Service Service(s) following the effective date of any such amendment may be relied upon by Xxxxxx Us as Your consent to acceptance of any such amendment. Xxxxxx’s With respect to amendments only to the Supplemental Terms, We will notify You as aforementioned only if the Supplemental Terms are applicable to You. Our failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of the Terms.

Appears in 1 contract

Samples: Purchase Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!