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Terms and Conditions

1. INTRODUCTION

These Terms of Use including those additional terms outlined in Section 14 below as may be amended from time to time, together with any documents, policies, or terms they incorporate by reference are entered into by and between you and ITShare, Egyptian company that owned Mydixi.com. To the extent that you have entered into another written agreement with ITShare that contains terms that directly conflict with any of these Terms, then the conflicted terms set forth in such other agreement will control.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.

2. PRIVACY POLICY

We will use information about you that we obtain either directly from you or that we obtain by nature of your use of the Platform in accordance with our Privacy Policy solely in furtherance of providing services to you and improving the Platform.

3. PLATFORM ACCESS AND ACCOUNT REGISTRATION

Except as expressly provided herein, you may not transfer your account to any other person and you may not use anyone else’s account at any time. In cases where you have nevertheless authorized or registered another person to use your account or Plan, or where you have acted negligently in safeguarding your account as set forth above, you agree you are fully responsible for the acts and omissions of such person accessing the Platform -via your account, controlling the person’s access to and use of the Platform, and the consequences of any use or misuse by such person.
 

4. ITShare PAYMENT

         I.            By registering for, subscribing to, or purchasing a Plan and providing billing information, you grant us and our authorized third-party payment processor(s) the right to process payment using the debit card, credit card, bank information, third-party payment provider, or reseller you provide, authorize, or maintain on your account (individually, and collectively, “Payment Method”).
       II.            Transfer of Access Not Permitted. You acknowledge and agree that the user access is specific to the individuals you designate. Except as set forth in your Sales Order, access granted under these Terms are not transferable to any other individual for any reason, and you will take all commercially reasonable steps to prevent your users from granting access to the Platform to any other individuals, both in and outside of your organization.
      III.            Suspension Because of Nonpayment. In the event we suspend your Plan because of nonpayment and reinstate access to the Platform after you have made payment, no additional time will be added to the then-applicable Term. Suspension Because of Nonpayment. In the event we suspend your Plan because of nonpayment and reinstate access to the Platform after you have made payment, no additional time will be added to the then-applicable Term.
     IV.            All payments should be made to ITShare.
  • The cardholder must retain a copy of transaction records and Merchant policies and rules.
  • If you use the Platform or services in violation of the scope granted hereunder, including but not limited to unauthorized rotation of user subscriptions within your Plan, or adding active users in excess of those outlined in your Sales Order  (“Excess Use”), ITShare may, in its sole discretion, invoice you for the Excess Use, at the rates set forth in the applicable Sales Order or, in the absence thereof, our current list price for the features included in your Plan for such Excess Use.
  • Company’s online platform may default the Sale Currency based on Your geographic location. The currency of any transaction will match the Sale Currency displayed to You on the website.
  • If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
   IX.            Due to the nature of the product, the general rule is that ITShare does not provide refunds for Courses sold.

You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Materials. Proprietary Materials may only be accessed through the Platform, and not by or from any other site or means. The right of access to the Platform does not grant to you any right to download or store any Proprietary Materials in any medium, other than that downloadable content that may be provided in connection with your Plan for certain training courses, including exercise files, course slides, and sample code, files that are automatically cached by your web browser for display purposes, and if we provide desktop, mobile, or other applications for download, a single copy of such application for your computer or mobile device solely for your own, personal use, provided you agree to be bound by these Terms and the end user license agreement below . ITShare reserves all intellectual property rights to the Proprietary Materials, other than as specifically granted under the applicable license granted you under these Terms.

5. PROPRIETARY MATERIALS

No posting, copying, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise reproducing, storing, transmitting, modifying, or commercially exploiting any Proprietary Materials in any form or by any means, for any purpose, is permitted without our express written permission.

ITShare marks and logos are service marks and trademarks of ITShare . Other trademarks, service marks and logos used on the Site are the trademarks, service marks or logos of their respective owners. ITShare is using these third-party trademarks, service marks or logos with the permission of the trademark owner or for identification purposes only.

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our sole discretion, remove or disable access to any materials on the Platform that we believe may infringe on the rights of others.

6. CONFIDENTIALITY

Confidential Information means all information which is disclosed to or obtained by one party from the other, including the Proprietary Materials, and all information relating to that other’s business, operations, systems, processes, products, trade secrets, know-how, contracts, finances, plans, strategies or current, former or prospective clients, customers, partners or suppliers whether or not such information is marked as being confidential, but excluding information which: is available to the public other than because of any breach of these Terms; is, when it is supplied, already known to whoever it is disclosed to in circumstances in which they are not prevented from disclosing it to others; is independently obtained by whoever it is disclosed to in circumstances in which they are not prevented from disclosing it to others; or is developed independently of and without reference to any Confidential Information provided.

7. USER CONTENT

The Platform may provide you with the ability to upload, post, submit, publish, or transmit information to the Platform, other users, or to third parties .

Unless otherwise noted, all User Content you submit to the Platform, to third parties, or that is otherwise made available to ITShare will be considered confidential and proprietary and will be made available only to individuals or third parties that you authorize to access it via the Platform, API, or other means of transmission.

take appropriate legal action, including without limitation referral to law enforcement for any illegal or unauthorized use of the Platform; and terminate or suspend your access to all or part of the Platform for any violation of these Terms.

Notwithstanding anything to the contrary, we have no obligation to review any User Content or materials before they are posted on the Platform, and we cannot ensure prompt removal of objectionable material after it has been posted.

8. FEEDBACK

You acknowledge and agree that any and all feedback provided by way of the Platform or otherwise will be the sole and exclusive property of ITShare, and you hereby irrevocably assign to ITShare and agree to irrevocably assign to ITShare all of your right, title, and interest in and to all feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.

 9. Limits of Use

We reserve the right to monitor use of the Platform and to suspend, revoke, deny, disable, or terminate your access or the access of any of your users if you or they violate any provisions of these Terms or if your or their usage behavior exceeds reasonable limits, as determined in our sole discretion. Those who choose to access the Platform from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Platform is void where prohibited.

You may not use our Website:

  1. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  2. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our [content standards]
  3. To download any content from courses;
  4. To transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

10. REPRESENTATION, WARRANTIES, AND COVENANTS

You are solely responsible for all service, telephony, data charges, and other fees and costs associated with your access to and use of the Platform, including without limitation maintaining all internet, browser software and extensions, computer hardware, telephone, and other equipment required for such access. ITShare does not warrant that the content or functions of the Platform will meet your requirements or that the operation of the Platform will be uninterrupted or error free. The content and materials presented on or through the Platform is made available solely for general information purposes. We disclaim all liability and responsibility arising from or related to any reliance placed on our materials by you, your users, or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

The Platform may include content provided by third parties, including materials provided by other users, bloggers, or third-party licensors, syndicators, aggregators, and reporting services. You recognize that the traffic of data through the Internet may cause delays during your use of or access to the Platform, and accordingly, you agree not to hold us liable for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Platform may not be available on a continual 24-hour basis due to such delays, delays caused by our upgrading, modification, or standard maintenance of the Platform, or any other delays outside of our control.

11. INDEMNIFICATION

(a) Indemnification. You agree to defend, indemnify and hold harmless ITShare, its directors, employees, licensors, independent contractors, providers, subsidiaries, and affiliates, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) (hereinafter, “Claims”) arising out of or relating to : (i) your violation of these Terms; (ii) any information you post to the Platform; (iii) any use by you of the Platform’s material, content, services, or products other than as expressly authorized in these Terms; or (iv) your use of any information obtained from the Platform.

(b) Indemnification Procedure. You agree to cooperate as fully as reasonably required in the defense of any Claims, including asserting any available defenses. We reserve the right, at our own expense, to assume the exclusive defense and control of any Claims or matter otherwise subject to indemnification by you and you may not in any event settle any Claims without our prior written consent.

12. NO WARRANTY; LIMITATIONS ON LIABILITY

No Warranty. EXCEPT FOR THOSE WARRANTIES OUTLINED HEREIN, THE PLATFORM IS PROVIDED ON AN «AS IS» AND «AS AVAILABLE» BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. NEITHER ITSHARE NOR ANY PERSON OR ENTITY ASSOCIATED WITH ITSHARE MAKES ANY PROMISE, WARRANTY, OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER ITSHARE NOR ANY PERSON OR ENTITY ASSOCIATED WITH ITSHARE PROMISES, REPRESENTS OR WARRANTS THAT THE PLATFORM OR CONTENT OBTAINED THROUGH THE PLATFORM OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ITS CONTENT OR MATERIALS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

ITShare HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Limitation on Liability.

13. CHANGES TO TERMS OR THE PLATFORM

Changes to these Terms. We reserve the right to change or modify these Terms, our Privacy Policy, or any terms they incorporate by reference in our sole discretion and at any time. We will take reasonable steps to notify you of any changes or modifications, but you agree to review the Platform periodically to be aware of any changes or modifications. Notwithstanding anything to the contrary, your continued use of the Platform and any other ITShare-provided services will be deemed your conclusive acceptance of all such changed or modified terms and conditions.

Your only right with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Platform.

14. ADDITIONAL TERMS

If there is any conflict between these Terms of Use and the Additional Terms, then the Additional Terms govern in relation to that specific Plan or service you purchased from ITShare. The Additional Terms are subject to change.

If you use a mobile device or ITShare-provided mobile application to access the Platform, the following additional terms and conditions also apply. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Platform. All such charges are billed by and payable to your mobile service provider.

15. General

All other feedback, comments, requests for technical support, or other communications relating to the Platform should be directed to the ITShare support team by emailing [email protected] Nothing in these Terms will be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor, or employee of the other. Neither ITShare nor any other party to these Terms has, or may hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that is binding on the other party, except as provided for herein or authorized in writing by the party to be bound. Equitable Relief.

Consequently, you agree that we may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy will be cumulative and not exclusive, and we may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity. The section titles used herein are displayed for convenience only and have no legal effect. The inclusion of your purchase order number on any Sales Order, invoice, or other ITShare -provided document is for reference purposes only and is not an acceptance by ITShare of your terms or conditions contained therein or elsewhere. The terms on any such purchase order or similar document submitted by you to ITShare will have no effect and are hereby rejected.

If any dispute should arise between the parties hereto regarding the terms or subject matter of these Terms or the enforcement or breach of such terms, then the party prevailing in such dispute, whether by out-of-court settlement or final judicial determination, will be entitled to recover from the non-prevailing party all costs and expenses of such dispute incurred by such prevailing party, including without limitation reasonable attorneys’ fees.

1. INTRODUCTION

These Terms of Use including those additional terms outlined in Section 14 below as may be amended from time to time, together with any documents, policies, or terms they incorporate by reference are entered into by and between you and ITShare, Egyptian company that owned Mydixi.com. To the extent that you have entered into another written agreement with ITShare that contains terms that directly conflict with any of these Terms, then the conflicted terms set forth in such other agreement will control.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.

2. PRIVACY POLICY

We will use information about you that we obtain either directly from you or that we obtain by nature of your use of the Platform in accordance with our Privacy Policy solely in furtherance of providing services to you and improving the Platform.

3. PLATFORM ACCESS AND ACCOUNT REGISTRATION

Except as expressly provided herein, you may not transfer your account to any other person and you may not use anyone else’s account at any time. In cases where you have nevertheless authorized or registered another person to use your account or Plan, or where you have acted negligently in safeguarding your account as set forth above, you agree you are fully responsible for the acts and omissions of such person accessing the Platform -via your account, controlling the person’s access to and use of the Platform, and the consequences of any use or misuse by such person.
 

4. ITShare PAYMENT

         I.            By registering for, subscribing to, or purchasing a Plan and providing billing information, you grant us and our authorized third-party payment processor(s) the right to process payment using the debit card, credit card, bank information, third-party payment provider, or reseller you provide, authorize, or maintain on your account (individually, and collectively, “Payment Method”).
       II.            Transfer of Access Not Permitted. You acknowledge and agree that the user access is specific to the individuals you designate. Except as set forth in your Sales Order, access granted under these Terms are not transferable to any other individual for any reason, and you will take all commercially reasonable steps to prevent your users from granting access to the Platform to any other individuals, both in and outside of your organization.
      III.            Suspension Because of Nonpayment. In the event we suspend your Plan because of nonpayment and reinstate access to the Platform after you have made payment, no additional time will be added to the then-applicable Term. Suspension Because of Nonpayment. In the event we suspend your Plan because of nonpayment and reinstate access to the Platform after you have made payment, no additional time will be added to the then-applicable Term.
     IV.            All payments should be made to ITShare.
  • The cardholder must retain a copy of transaction records and Merchant policies and rules.
  • If you use the Platform or services in violation of the scope granted hereunder, including but not limited to unauthorized rotation of user subscriptions within your Plan, or adding active users in excess of those outlined in your Sales Order  (“Excess Use”), ITShare may, in its sole discretion, invoice you for the Excess Use, at the rates set forth in the applicable Sales Order or, in the absence thereof, our current list price for the features included in your Plan for such Excess Use.
  • Company’s online platform may default the Sale Currency based on Your geographic location. The currency of any transaction will match the Sale Currency displayed to You on the website.
  • If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
   IX.            Due to the nature of the product, the general rule is that ITShare does not provide refunds for Courses sold.

You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Materials. Proprietary Materials may only be accessed through the Platform, and not by or from any other site or means. The right of access to the Platform does not grant to you any right to download or store any Proprietary Materials in any medium, other than that downloadable content that may be provided in connection with your Plan for certain training courses, including exercise files, course slides, and sample code, files that are automatically cached by your web browser for display purposes, and if we provide desktop, mobile, or other applications for download, a single copy of such application for your computer or mobile device solely for your own, personal use, provided you agree to be bound by these Terms and the end user license agreement below . ITShare reserves all intellectual property rights to the Proprietary Materials, other than as specifically granted under the applicable license granted you under these Terms.

5. PROPRIETARY MATERIALS

No posting, copying, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise reproducing, storing, transmitting, modifying, or commercially exploiting any Proprietary Materials in any form or by any means, for any purpose, is permitted without our express written permission.

ITShare marks and logos are service marks and trademarks of ITShare . Other trademarks, service marks and logos used on the Site are the trademarks, service marks or logos of their respective owners. ITShare is using these third-party trademarks, service marks or logos with the permission of the trademark owner or for identification purposes only.

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our sole discretion, remove or disable access to any materials on the Platform that we believe may infringe on the rights of others.

6. CONFIDENTIALITY

Confidential Information means all information which is disclosed to or obtained by one party from the other, including the Proprietary Materials, and all information relating to that other’s business, operations, systems, processes, products, trade secrets, know-how, contracts, finances, plans, strategies or current, former or prospective clients, customers, partners or suppliers whether or not such information is marked as being confidential, but excluding information which: is available to the public other than because of any breach of these Terms; is, when it is supplied, already known to whoever it is disclosed to in circumstances in which they are not prevented from disclosing it to others; is independently obtained by whoever it is disclosed to in circumstances in which they are not prevented from disclosing it to others; or is developed independently of and without reference to any Confidential Information provided.

7. USER CONTENT

The Platform may provide you with the ability to upload, post, submit, publish, or transmit information to the Platform, other users, or to third parties .

Unless otherwise noted, all User Content you submit to the Platform, to third parties, or that is otherwise made available to ITShare will be considered confidential and proprietary and will be made available only to individuals or third parties that you authorize to access it via the Platform, API, or other means of transmission.

take appropriate legal action, including without limitation referral to law enforcement for any illegal or unauthorized use of the Platform; and terminate or suspend your access to all or part of the Platform for any violation of these Terms.

Notwithstanding anything to the contrary, we have no obligation to review any User Content or materials before they are posted on the Platform, and we cannot ensure prompt removal of objectionable material after it has been posted.

8. FEEDBACK

You acknowledge and agree that any and all feedback provided by way of the Platform or otherwise will be the sole and exclusive property of ITShare, and you hereby irrevocably assign to ITShare and agree to irrevocably assign to ITShare all of your right, title, and interest in and to all feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.

 9. Limits of Use

We reserve the right to monitor use of the Platform and to suspend, revoke, deny, disable, or terminate your access or the access of any of your users if you or they violate any provisions of these Terms or if your or their usage behavior exceeds reasonable limits, as determined in our sole discretion. Those who choose to access the Platform from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Platform is void where prohibited.

You may not use our Website:

  1. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  2. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our [content standards]
  3. To download any content from courses;
  4. To transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

10. REPRESENTATION, WARRANTIES, AND COVENANTS

You are solely responsible for all service, telephony, data charges, and other fees and costs associated with your access to and use of the Platform, including without limitation maintaining all internet, browser software and extensions, computer hardware, telephone, and other equipment required for such access. ITShare does not warrant that the content or functions of the Platform will meet your requirements or that the operation of the Platform will be uninterrupted or error free. The content and materials presented on or through the Platform is made available solely for general information purposes. We disclaim all liability and responsibility arising from or related to any reliance placed on our materials by you, your users, or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

The Platform may include content provided by third parties, including materials provided by other users, bloggers, or third-party licensors, syndicators, aggregators, and reporting services. You recognize that the traffic of data through the Internet may cause delays during your use of or access to the Platform, and accordingly, you agree not to hold us liable for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Platform may not be available on a continual 24-hour basis due to such delays, delays caused by our upgrading, modification, or standard maintenance of the Platform, or any other delays outside of our control.

11. INDEMNIFICATION

(a) Indemnification. You agree to defend, indemnify and hold harmless ITShare, its directors, employees, licensors, independent contractors, providers, subsidiaries, and affiliates, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) (hereinafter, “Claims”) arising out of or relating to : (i) your violation of these Terms; (ii) any information you post to the Platform; (iii) any use by you of the Platform’s material, content, services, or products other than as expressly authorized in these Terms; or (iv) your use of any information obtained from the Platform.

(b) Indemnification Procedure. You agree to cooperate as fully as reasonably required in the defense of any Claims, including asserting any available defenses. We reserve the right, at our own expense, to assume the exclusive defense and control of any Claims or matter otherwise subject to indemnification by you and you may not in any event settle any Claims without our prior written consent.

12. NO WARRANTY; LIMITATIONS ON LIABILITY

No Warranty. EXCEPT FOR THOSE WARRANTIES OUTLINED HEREIN, THE PLATFORM IS PROVIDED ON AN «AS IS» AND «AS AVAILABLE» BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. NEITHER ITSHARE NOR ANY PERSON OR ENTITY ASSOCIATED WITH ITSHARE MAKES ANY PROMISE, WARRANTY, OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER ITSHARE NOR ANY PERSON OR ENTITY ASSOCIATED WITH ITSHARE PROMISES, REPRESENTS OR WARRANTS THAT THE PLATFORM OR CONTENT OBTAINED THROUGH THE PLATFORM OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ITS CONTENT OR MATERIALS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

ITShare HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Limitation on Liability.

13. CHANGES TO TERMS OR THE PLATFORM

Changes to these Terms. We reserve the right to change or modify these Terms, our Privacy Policy, or any terms they incorporate by reference in our sole discretion and at any time. We will take reasonable steps to notify you of any changes or modifications, but you agree to review the Platform periodically to be aware of any changes or modifications. Notwithstanding anything to the contrary, your continued use of the Platform and any other ITShare-provided services will be deemed your conclusive acceptance of all such changed or modified terms and conditions.

Your only right with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Platform.

14. ADDITIONAL TERMS

If there is any conflict between these Terms of Use and the Additional Terms, then the Additional Terms govern in relation to that specific Plan or service you purchased from ITShare. The Additional Terms are subject to change.

If you use a mobile device or ITShare-provided mobile application to access the Platform, the following additional terms and conditions also apply. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Platform. All such charges are billed by and payable to your mobile service provider.

15. General

All other feedback, comments, requests for technical support, or other communications relating to the Platform should be directed to the ITShare support team by emailing [email protected] Nothing in these Terms will be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor, or employee of the other. Neither ITShare nor any other party to these Terms has, or may hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that is binding on the other party, except as provided for herein or authorized in writing by the party to be bound. Equitable Relief.

Consequently, you agree that we may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy will be cumulative and not exclusive, and we may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity. The section titles used herein are displayed for convenience only and have no legal effect. The inclusion of your purchase order number on any Sales Order, invoice, or other ITShare -provided document is for reference purposes only and is not an acceptance by ITShare of your terms or conditions contained therein or elsewhere. The terms on any such purchase order or similar document submitted by you to ITShare will have no effect and are hereby rejected.

If any dispute should arise between the parties hereto regarding the terms or subject matter of these Terms or the enforcement or breach of such terms, then the party prevailing in such dispute, whether by out-of-court settlement or final judicial determination, will be entitled to recover from the non-prevailing party all costs and expenses of such dispute incurred by such prevailing party, including without limitation reasonable attorneys’ fees.

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