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Morphware Terms Of Service

  1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

 

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH MORPHWARE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these "Terms") apply to the purchase and sale of products and services through https://morphware.org/ (the "Site"). These Terms are subject to change by Morphware (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before taking an action for products or services through this Site.

  1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. 

  2. Unauthorized use. You may not use the Website for any unauthorized use or for any illegal or unlawful purpose. Any unauthorized use or violation of these Terms may immediately and automatically terminate your right to use and access of the Website or Services and may subject you to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Website or Services. We may remove any unauthorized content, links, etc. without notice. Some examples of unauthorized, illegal or unlawful use of the Website include, but are not limited to: 

● Copying, modifying, displaying, performing, distributing, republishing, or retransmitting any content or material (including, by way of example, images and text), in whole or in part, from or on the Website without our prior written consent; 

● Collecting usernames or email addresses of users for the purpose of sending unsolicited email; 

● Criminal or tortious activity, including fraud, spamming, spimming (spam by instant message), sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; 

● Covering or obscuring the banner advertisements on the Website, if any, via HTML/CSS or any other means;

● Any automated use of any system, such as using scripts to alter content;

● Interfering with, disrupting, or burdening the Website or the networks, systems or Services connected to the Website; 

● Using any automated system or software to extract data from the Website for commercial purposes (including "screen scraping"); 

● Attempting to impersonate another user or person; 

● Using the account, username, or password of another user or disclosing your password, as applicable, to any third party or permitting any third party to access your account; 

● Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as placing commercial content on the Website; 

● Using the Website for any harassing, threatening, libelous, abusive, obscene or privacy-invading purposes; 

● Using the Website in a manner inconsistent with any applicable law, rule or regulation.

  1. Compliance with Laws. By using the Website or the Services, you represent and warrant that you are acting in full observance of the laws of your jurisdiction, including (a) the legal requirements within the your jurisdiction for the purchase of the Tokens, (b) any governmental or other consents that may need to be obtained, and (c) the income tax and other tax consequences, if any, that may be relevant to the purchase, holding, redemption, sale, or transfer of the Tokens or use of the Website or Services. You further represent and warrant that neither you, nor, if applicable, any of your affiliates or direct or indirect beneficial owners; (i) appears on the Specially Designated Nationals and Blocked Persons List (“SDN List”) of the Office of Foreign Assets Control of the United States Department of the Treasury (“OFAC”), nor are they otherwise a party with which the Morphware is prohibited to deal under the laws of the United States; (ii) is located in, or organized under the laws of a country or region subject to sanctions by OFAC, which, as of the date of these Terms include, Crimea, Cuba, North Korea, Iran, Syria; or, (iii) is a person identified as a terrorist organization on any other relevant lists maintained by any governmental authority. 

  2. Registration; Account. In order to participate in the Morphware peer-to-peer network, you will be required to create an Morphware account to use or access certain services on our Website. To create your account, you will need to connect your Ethereum-compatible wallet (“Wallet”) to the Website. To connect your Wallet, you will need to download a third-party digital wallet system. We will not be liable for any loss or damage associated with your third-party digital wallet. Any Morphware tokens you have associated with your Wallet will immediately be displayed in your account page. You agree that (a) you are solely responsible for all activities that occur under your account and username – whether or not you authorized the activity; (b) you are solely responsible for maintaining the confidentiality of your Wallet and for restricting access to your device so that others may not access your wallet; (c) you will immediately notify us of any unauthorized use of your account, Wallet, or any other breach of security; and (d) you will not sell, transfer, or assign your account or any account rights. Without limiting any rights which we may otherwise have, we reserve the right to take all actions we deem necessary or reasonable to ensure the security of the Service and your account. This may include without limitation, terminating your account or requesting additional information to authorize transactions on your account. Notwithstanding the above, we may rely on the authority of anyone accessing your account and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of: (i) any action or inaction of Morphware under this provision, (ii) any compromise of the confidentiality of your account, or (iii) any unauthorized access to your account or use of your password. You may not use anyone else's account at any time. You understand and agree you are solely responsible for taking the necessary security measures to protect your account and personal information. Morphware makes no warranty, guarantee, or representation that use of our Website or the Services are protected from viruses, security threats, or other vulnerabilities. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.

  3. Termination of access and/or account. In addition to any right or remedy that may be available to us under these Terms or under applicable law, we may limit, suspend, or terminate your access to the Website or Services (including, without limitation, and your account registration), at any time, with or without notice, and with or without cause. You agree that any suspension or termination from the Website or Services may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. We also may refer any information on illegal activities, including your identity, to the proper authorities. If we suspend or terminate your access to the Website or Services due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity. We shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms or intent of these Terms. Any decision we make relating to termination or suspension of your access to the Website or Services shall be final and binding in all respects.

  4. Prices and Payment Terms. 

    1.  All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Prices may fluctuate due to the fluid nature of the price of the service provided. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

    2. We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. 

      1. "Sale" refers to a reduced price for a product or service.

      2. "Clearance" refers to a reduced price for a product or service that will be discontinued.

    3. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Ether, Morhpware Tokens for all purchases. You represent and warrant that (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by you or the service by which you are paying through, and (iv) you will pay charges incurred by you at the finalized bid prices, including fees and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. 

  5. The bidding processes.

    1. A person will join the Site to have a model trained (“Data Scientists”) they will post a job description that includes the necessary information to complete training the model.

      1. This description will include the number of Morphware Tokens that will be rewarded to the Worker at the completion of the contract.

      2. The computational requirements of the job.

      3. It will also include the Jupyter-notebook, training data, testing data.

    2. Gaming rigs (“Workers”) will state their computational capacity e.g., the specifications of their computers or devices used to run computations.

    3. Workers will bid on jobs that Data Scientists post. The contract price by the scientist will not be revealed until the end of the bidding period.

    4. All bids on the project will be revealed once the bidding period comes to an end.

    5. Once the bidding period ends, a Data scientist and Worker are paired. The Worker will download the untrained model and training dataset in the job factory.

    6. The Worker will download Jupyter-notebook and training data.

    7. The Worker will run the Jupyter-notebook. This can be a Jupyter notebook or a python file.

    8. This causes the Worker to train the model. 

    9. Once the Worker has completed training the model, the Data scientist will notify the training is complete.

    10. The trained model and data will be sent to a validator to validate the job has been completed.

    11. Lastly, the trained model will be sent from the validator to the data scientist, and the auction contract will be paid to the Worker.

  6. Assumption of risk. The value of Morphware Tokens, Cryptocurrency, and tokens are subjective and therefore can be volatile. Any purchase or sale you make, accept or facilitate (including, when permitted, outside of the Token Marketplace) of a Token or Morphware Token will be entirely at your own risk. Morephorphware Tokens are not intended for resale, and therefore, THERE IS NO GUARANTEE THAT YOUR MORPHWARE TOKEN WILL HAVE ANY RESALE VALUE AND YOU MAY FACE A COMPLETE RISK OF LOSS. You acknowledge that you have obtained sufficient information to make an informed decision to authorize, bid, purchase, or sell a Morphware Token and that you have sufficient financial resources to withstand a complete risk of loss of the value of any Morphware Token you purchase. Morphware Tokens and similar digital assets are collectibles and have no inherent or intrinsic value. Morphware does not and cannot guarantee that any Morphware Token will retain their original value, and expressly deny and disclaim any liability to you for any losses you may incur by transacting, or facilitating transactions, in Morphware Tokens.

    1. Morphware Tokens are intended for use solely in the Morphware website for entertainment purposes only. They have no inherent or intrinsic value. Morphware does not and cannot guarantee that Morphware Tokens will retain any value. If you purchase Morphware Tokens outside of the website, you do so at your own risk, Morphware cannot and do not guarantee that such Morphware Tokens will have any value on the website, or in any other venue.

    2. Before making the decision to bid, buy, sell or hold any Morphware Tokens, you should conduct your own due diligence and consult your own financial advisors. Morphware will not be held responsible for any decisions you make to bid, buy, sell, or hold any Morphware products, Morphware Tokens, or other digital assets based on the information provided by any agent of Morphware.

  7. Tokens Are Not Investments. The Purchaser understands that the Tokens are not investments. The further Purchaser represents and warrants that: (a) it is purchasing the Tokens solely for the purpose of participating in Morphware peer-to-peer network; (b) they have sought legal, financial and taxation advice on the consequences of purchasing this Token and are purchasing this token in reliance on that independent advice; (c) they agree that the Company bears no liability for any loss caused by the Purchaser losing access to the Tokens through the loss of their private key for their wallet, and that the Company will not have any capacity to assist with the recovery of the Purchaser’s private key; (d) they are not purchasing the Tokens with the expectation of profiting through the efforts of Company, or any other third party.

  8. Third-Party Transactions. Through your use of the Website, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any products or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance, and delivery terms relating to such transactions, are agreed to be solely between the third-party seller or purchaser of such products and services and you, and that you will look solely to such third party to enforce any of your rights. In the event of any problem with the products or services that you have purchased from a third party you agree that you will address such issues with the third party, but all limitations of liability and other rights of LFG Gaming shall apply nonetheless. 

    1. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.

  9. Delivery; Title and Risk of Loss. 

    1. We will arrange for the service to be performed for you. Please check the individual product page for specific time delivery estimates. You will pay all gas charges specified during the ordering process and execution of smart contracts. 

    2. Delivery dates and service completions are estimates only and cannot be guaranteed. We are not liable for any delays of any kind including but not limited to Worker’s inability to fulfill the service due to a malfunction of their equipment.

Returns and Refunds. Except for any products designated on the Site as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, provided such return is made within 30 days of finalized purchase with valid proof of purchase and provided there is cause for a return. Cause includes a works inability to fulfill an order within a reasonable time period. Worker and Buyer will pay all gas fees associated with a return transaction. To return Tokens, you must call [TELEPHONE NUMBER] or email our Returns Department at [EMAIL ADDRESS] to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns will be granted where a Worker has begun or completed an authorized project. 

You are responsible for all gas or other charges on returned items unless otherwise specified. You bear the risk of loss if there is any malfunction during the transaction such as but not limited to a problem on the block chain processing your order.

Refunds are processed within approximately three business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

For defective returns, please refer to the manufacturer's warranty included with the product or as detailed in the product's description on our Site.

  1. Gas. All aspects of the Morphware services are on the Ethereum blockchain. Anytime you use any of the Services, your Wallet will incur ‘gas fees.’ These fees are variable, and are not set by Morpware. Morphware does not receive the fees or any portion thereof. The gas fees are a third- party transaction for which Morphware is not responsible.

  2. Manufacturer's Warranty and Disclaimers. We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. 

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. 

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. 

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE WORKER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

  1. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY , FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE. 

The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

  1. Indemnity. You agree to defend, indemnify and hold us, our parent companies, subsidiaries, affiliates, contractors, suppliers, business partners and licensors and each of our respective officers, agents, partners and employees (the "Morphware") harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of (1) your use of the Website or Services in violation of these Terms or additional terms or arising from a breach of these Terms or additional terms (including, without limitation, any breach of your representations and warranties set forth herein); (2) any allegation that any content or other material you have submitted or transmitted to the Website or through the Services, including, without limitation, any Morphware Token, infringe, misappropriate or otherwise violate the copyright, trademark, trade secret or other rights of any party; (3) your violation of applicable law; or (4) your activities or omissions in connection with the Website or Services.

  2. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. 

  3. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, [WEBSITE ADDRESS], governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

  4. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemics, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

  5. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of without giving effect to any choice or conflict of law provision or rule of any state that would cause the application of the laws of any jurisdiction other than those of the State of .

  6. Change In Regulation. The Purchaser understands and agrees that the law applicable to the Tokens and the Platform is not well developed and is quickly evolving. A change in existing law or regulation, or a new interpretation of existing law or regulation may necessitate adjustments to the Tokens, Platform or Network, including without limitation, the impositions of restrictions on the Tokens, modification of the functionality of the Tokens or the Services or operations of the Platform, or ceasing some or all operations or deactivating some or all of the Tokens entirely. Purchaser understands and agrees that Company shall bear no liability for any actions taken or not taken in the case of a Change in Regulation.

  7. Dispute Resolution and Binding Arbitration.

    1. YOU AND MORPHWARE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

 

  1. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this . (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

We will be responsible for paying any individual consumer's arbitration fees if you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. 

  1. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

  2. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR MORPHWARE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

  1. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of thisis null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

  2. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Morphware.

  3. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

  4. Notices.

    1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

    2. To Us. To give us notice under these Terms, you must contact us as follows:by personal delivery, overnight courier, or registered or certified mail to . We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

  5. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. 

  6. Rule of construction. The general rule of construction for interpreting a contract, which provides that the provisions of a contract should be construed against the party preparing the contract, is waived by the parties. Each party acknowledges that such party was represented by separate legal counsel in this matter who participated in the preparation of this Agreement or such party had the opportunity to retain counsel to interpret this Agreement for them.

  7. Entire Agreement. Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

  8. Contact information.

    1. Morphware, Address, Phone number, Email, fax.

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