Updates to Terms: Supplier may update these Terms from time to time by posting modified terms at https://meisterplan.com/terms-of-service-us/. Customer acknowledges that it is responsible for monitoring this site for changes, and that continued use of the Application following the posting of revised Terms will constitute acceptance of any revisions. All material changes apply prospectively only, and any changes to pricing will apply only in the next renewal period for Customer’s subscription. If Customer objects to any change, it must notify Supplier of its objection within 30 days of the revision, and the parties will work in good faith to resolve the objection. If Customer’s objection cannot be resolved, its sole remedy will be to terminate this Agreement and receive a pro-rata refund of fees paid in advance.
Force Majeure: Supplier will not be liable for delays in performance due to force majeure events, which shall include events that make it significantly more difficult or impossible for the Supplier to perform the services under the Agreement, including in particular strike, lockout, official orders, failure of, or problems associated with, communication networks and gateways of other operators, provided that Supplier was not responsible for such events.
Publicity: If entering into a paid Agreement (thus the exception of trial versions), the Customer hereby grants to the Supplier the right to use the Customer’s company logo in marketing materials such as the Supplier’s website solely to identify the Customer as a Meisterplan customer. This permission may be revoked informally by sending an e-mail to email@example.com. The Supplier shall not use the Customer’s logo without prior written permission in any other manner.
Severability: If a provision of the Agreement and/or of these Terms should be or become ineffective or should be incomplete, this shall not affect the remainder of the Agreement; the remaining provisions shall remain effective. In such a case, the Parties shall agree on a provision that best fulfils the intent and purpose of the Agreement and that reflects those of the invalid provision as closely as possible.
Law and Jurisdiction: The Agreement and these Terms shall be governed by the law of the state of Washington, USA, without regard to its conflict of law principles. The Parties hereby irrevocably consent to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in King County, Washington, USA, for the purposes of adjudicating any dispute arising out of this Agreement.
Relationship: The Parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the Parties. Except as set forth in this Agreement, nothing in this Agreement, expressed or implied is intended to give rise to any third-party beneficiary.
Assignability: Neither Party may assign its rights or obligations under this Agreement without the other Party’s prior written consent. Notwithstanding the foregoing, either Party may assign its rights and obligations under this Agreement to an Affiliate as part of a reorganization, or to a purchaser of its business entity or substantially all of its assets or business to which rights and obligations pertain without the other Party’s consent, provided that: (a) the purchaser is not insolvent or otherwise unable to pay its debts as they become due; and (b) any assignee is bound hereby. Other than the foregoing, any attempt by either Party to transfer its rights or obligations under this Agreement will be void.