Full Disclosure Required. If Vendor requires licensed users to agree to additional terms and conditions, other use agreements or understandings it did not expressly disclose as part of this Agreement, whether it is by reference to a hyperlink, electronically clicking assent, by verbal or written acknowledgement, or it is implied by access and use of the Service (“Undisclosed Terms”), the Parties agree those terms that adversely conflict with, or are detrimental to this Agreement shall not bind or control Licensee or its licensed users. By entering into this Agreement, Licensee disclaims any responsibility for any Undisclosed Terms found in any privacy policy or terms of service purporting to bind and obligate Licensee contractually now or in the future, whether incorporated by reference, a hyperlink or referral to a website. Accordingly, unless the Undisclosed Terms were fully disclosed and mutually agreed to in writing before the effective date of this Agreement, the Parties agree those Undisclosed Terms are unenforceable in any action at law or in equity, by way of complaint, defense, or otherwise and are rendered null and void by the operation of this provision. To the extent the remainder of this Agreement is capable of execution, it will be enforced.
Appears in 7 contracts
Samples: Sample Technology Master Service Agreement, Technology Master Service Agreement, Technology Master Service Agreement