Master Service Agreement

This Master Service Agreement (Agreement) constitute an agreement by and between DWQ LEGAL, LLC (“Company”), and the party agreeing to these terms (“Account”, “Account holder”, “you” or “your”). Company and Account holder may be referred to individually as a Party or collectively as the Parties. These Terms govern your access to and use of the Company Services. By accessing or using the Services, you accept these Terms, acknowledge that you have read and understand these Terms, and agree to be bound by these Terms. If you are entering into these Terms for use of the Services by an organization, you are agreeing on behalf of that organization. You must have the authority to bind that organization to these terms, otherwise you must not sign up for the Services and any continued use is violation of these Terms.

Definitions

Service or “Services” means the services provided by the Company to the Account holder as described in each Statement of Work executed pursuant to this Agreement. “Service” or “Services” includes and incorporates the terms and meaning of “Deliverable” or “Deliverables” as set forth in Section 1.2, below. “Service” or “Services” includes and incorporates the terms and meaning of “Product” or “Products” as set forth in Section 1.3, below. “Service” or “Services” includes and incorporates the terms and meaning of “Work” or “Works” as set forth in Section 1.4, below.

Deliverable or “Deliverables” means any tangible or intangible items, information or product(s) delivered by the Company to the Account as specified in a SOW. “Deliverable” or “Deliverables” includes and incorporates the terms and meaning of “Product” or “Products” as set forth in Section 1.3, below. “Deliverable” or “Deliverables” includes and incorporates the meaning of Service or “Services” as set forth in Section 1.1, above. “Deliverable” or “Deliverables” includes and incorporates the terms and meaning of “Work” or “Works” as set forth in Section 1.4, below.

Product or “Products” means any software, report, tangible or intangible item, tangible or intangible product and/or information provided by Company to Account under this Agreement, including any accompanying documentation. “Product” or “Products” includes and incorporates the terms and meaning of “Deliverable” or “Deliverables” as set forth in Section 1.2, above. “Product” or “Products” includes and incorporates the terms and meaning of “Service” or “Services” as set forth in Section 1.1, above. “Product” or “Products” includes and incorporates the terms and meaning of “Work” or “Works” as set forth in Section 1.4, below.

“Work” or “Works” means any act performed or undertaken by Company in furtherance of the performance of its obligations under this Agreement. “Work” or “Works” includes and incorporates the terms and meaning of “Deliverable” or “Deliverables” as set forth in Section 1.2, above. “Work” or “Works” includes and incorporates the terms and meaning of “Service” or “Services” as set forth in Section 1.1, above. “Work” or “Works” includes and incorporates the terms and meaning of “Product” or “Products” as set forth in Section 1.3, above.

Account Data or “Data” means any and all data or information, including but not limited to Personal Data, provided by Account holder to Company in connection with the Services. This includes, name, address, email, physical mail, phone numbers, Internet URLs, Website data, IMEI numbers, Device make and model information, and MAC addresses.

Modifications

Company may update the Services from time to time. If Company changes the Services in a manner that materially reduces their functionality, Company will notify Account holder at the email address provided, and Account holder may provide notice within thirty days of the change to terminate the Terms. This termination right will not apply to updates made to features provided on a beta or evaluation basis.

Account Obligations

Registration – In order to use the Services, Account holder and End Users must first register with us through our on-line registration process and authenticate following the authentication protocols provided by Account holder. Contact information must be accurate, current, and complete, and Account holder agrees to keep this information up to date. Account information will be governed by Company’s Privacy Policy for the applicable Services.

End Users – Account holder may provision End Users up to the number of End User Licenses registered through one or more Order Forms. End User accounts may not be shared by multiple individuals.

Account holder is responsible for understanding the settings and controls of the Services for registering End User Licenses and provisioning new End User accounts.

Account holders are responsible for maintaining the confidentiality of the authentication methods they use to access the Services, including their Authentication Credentials. Account holder and its End Users may not share the Authentication Credentials or, without Company’s permission, give others access to or transfer the Account or any End User account.

Account holder will prevent unauthorized use of the Services by its End Users and terminate any unauthorized use of or access to the Services. Account holder is responsible for any activity while using, accessing and/or connecting to Services, whether or not Account holder authorized that activity. You should immediately notify Company in writing of any unauthorized use of Services by sending an email Support@DWQ.Legal

Account may access and use the Services only for lawful purposes. Account will not (and will not allow any third party to): (a) sublicense, resell, rent, lease, transfer, assign, time share, or otherwise commercially exploit or make the Services, Software, or any End User Licenses available to any third party; (b) use the Services in any unlawful manner (including in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Services or its components; (c) modify, adapt or hack the Services to, or otherwise attempt to, gain unauthorized access to the Services or its related systems or networks; (d) circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Materials or enforce limitations on use of Materials; or (e) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code. Account will comply with any codes of conduct, policies, or other notices Company provides or publishes in connection with the Services, and Account will promptly notify Company if it learns of a security breach related to the Services. Account agrees not to access the Services by any means other than through the interface that is provided by Company for accessing the Services, unless otherwise specifically authorized by us in a separate written agreement signed by a Company authorized signatory.

When using the Services, Account holder:

(a) represents and warrants that it owns or has sufficient rights to upload Account Data on or through the Services;
(b) will not copy, upload, download, or share Account Data unless it has the legal right to do so;
(c) will not upload content that violates Company’s rights or any third party’s rights, including rights of privacy or publicity, Intellectual Property Rights, or contract rights;
(d) will fully comply with any third-party licenses relating to Account Data, including paying all royalties, fees and any other monies relating to content that is uploaded to the Services;
(e) will not upload or submit content that

(i) is defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, violent, harassing, or otherwise objectionable;
(ii) incites, encourages or threatens physical harm against another, including content that promotes racism, bigotry, sexism, religious intolerance or harm against any group or individual; or
(iii) contains material that solicits personal information from anyone under 13 or exploits anyone in a sexual, violent or unlawful manner;

(f) will not use the Services for any unlawful or unauthorized purpose including, collecting user names and/or email addresses of other users by electronic or any other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Services without prior express written consent signed by a Company authorized signatory;
(g) will not upload or submit content that constitutes, contains, installs or attempts to install or promotes spyware, malware or other computer code, whether on Company’s or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party;
(h) will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Services or the networks or systems connected to the Services, including hacking into the Services, or using the Services to send unsolicited or commercial emails, bulletins, comments or other communications; and
(i) will not impersonate any other person or entity, provide false or misleading identification, payment or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity.

Scope of Services
Company provides services to Account for the purposes of issuing and securing subpoena responses from third-party cellphone carriers as directed by Account. Company will notify all parties and legal counsel involved in a particular case of the issuance, objection, service, receipt and delivery of information sought by Account and will host such information for Account and related parties to purchase for a period of not less than 30 days.

After the expiration of 30 days, Company may, at its sole discretion delete, archive and/or reallocate all or part of any data, including Products, Deliverables, Work, Intake Information and Case information, relating to the SOW. Account agrees that, in event of such deletion and/or destruction, Account has NO RECOURSE for such Act or Acts by Company and expressly waives all Company liability to the Account or any third party for any actions, omissions, representations, misrepresentations, conduct or liabilities of the Company, whether in contract, tort (including negligence), strict liability, or under any other legal or equitable theory, arising out of, related to or connected with the destruction or deletion of such data, Products, Deliverables, Work, Intake Information and/or Case Information.

Retention and Use of Account Information – Account acknowledges and agrees that Company shall have the right to retain, store, use, market and/or sell any information provided by the Account or collected by the Company in connection with the Account’s use of the software and related services or any Work, Product, Deliverable or Service provided by or delivered by Company (Account Information). This includes, but is not limited to, data, personal information, address, email, telephone numbers, mailing addresses, physical addresses, gender, race, identity, ethnicity, religion, nationality, citizenship, residency (state, federal or foreign) metadata, usage patterns, feedback, and other information that the Account provides or that the Company collects through this Agreement, any Service, Work, Product and/or Deliverable and/or the Account’s interaction with the software or Company.

Marketing and Sale of Account Information

The Account holder expressly grants Company the right to use, market, license, sell, or otherwise distribute Account Information, including but not limited to anonymized or non-anonymized Account Information, aggregated or non-aggregated Account Information, or identifiable or de-identified data, for any lawful purpose. The Account agrees that the Company may share or disclose this information with third parties, including but not limited to partners, affiliates, and any other entities, for commercial or non-commercial purposes without further consent from the Account holder.

No Compensation

The Account acknowledges and agrees that Account shall not be entitled to any compensation, payment, royalty, or any other financial remuneration from the Company or any third party as a result of the Company’s use, marketing, licensing, sale, or distribution of Account Information.

Limitation of Liability

The Account agrees that the Company and all owners, shareholders, directors, managers, officers, employees, or agent of Company (collectively, the Company Representatives) shall have no liability to the Account or any third party for any actions, omissions, representations, misrepresentations, conduct, or liabilities of the Company or Company Representatives, whether in contract, tort (including negligence), strict liability, or under any other legal or equitable theory, and arising out of, related to or connected with the retention, use, marketing, or sale of Account Information as permitted under this Agreement. Further, Company and Company Representatives shall not be liable for any damages, direct or indirect, arising out of or related to the retention, use, marketing, or sale of Account Information as permitted under this Agreement. The Account hereby releases the Company and Company Representatives from any and all claims, liabilities, damages or losses or any kind or nature whatsoever that may arise in connection with the use of Account Information.

Account agrees to pay Company the fees specified in each SOW. Unless otherwise stated in the SOW, payments are due at the time services are ordered and prior to the time at which services are rendered.

Late payments shall incur interest at a rate of 10% per month, or the highest rate permitted by law, whichever is lower.

Intellectual PropertyAll intellectual property rights in the Deliverables and Products shall be owned by the Company, except to the extent such rights are expressly granted to the Account in a SOW.

Account shall have a non-exclusive, non-transferable, royalty-free license to use the Deliverables and Software Products solely for its internal business purposes.Account may not decompile, reverse-engineer, disassemble, or otherwise attempt to derive the source code, methodology or source for any Products or Deliverables provided under this Agreement.

Account Responsibilities

Account must provide Company with the correct Cause Number, Style, Court, and Jurisdiction for each case.

Account is required to provide Company current and appropriate contact information for all parties and legal counsel, including but not limited to email address information for service, involved in each case so that Company can provide legally required notice of intent to issue Deposition on Written Questions and/or Subpoena for Documents to the third-party cellular provider(s). Account does release and indemnify Company for Account’s failure to provide Company current and appropriate contact information for all parties and legal counsel, including but not limited to email address information for service, so that Company can provide legally required notice of intent to issue Deposition on Written Questions and/or Subpoena for Documents to the third-party cellular provider(s).

Account agrees that Company may store, access, and review information provided by third-party cellular providers.

Account agrees that they may not use Company’s services in a way that violates applicable law and that the issuance of any Deposition on Written Questions and/or Subpoena for Documents is authorized by the ordering attorney who is in good standing and admitted to practice in the subject jurisdiction. Account further acknowledges and warrants to Company that use of Company’s services does not, in any way, violate a court order, court rule, local rule, statute, rule or any law in the subject jurisdiction, state, territory and country.

Restrictions on Use and Transfer

Account may not assign or encumber its rights and obligations under this Agreement without the express written consent of the Company.

Account may not use, copy, install, or permit the use of the Product or Deliverables on more than the number of computers permitted by the license. Multiple copy uses or installation is only allowed if Account obtains an appropriate licensing agreement for each user and each copy of the Product or Deliverables.

Cookie Policy

Company uses cookies to track the activities of users on its websites and to collect certain information. Cookies are small data files that are stored on the user’s device. Company uses cookies for various purposes, including:

Authentication – To recognize a user when they return to the website.

Security – To ensure the security of the website and user data.

Preferences – To remember user preferences and settings.

Analytics – To analyze user activity on the website to improve the services provided.

Users can control the use of cookies through their browser settings. However, disabling cookies may affect the functionality of the Company’s website and services.

Limitation of Liability

To the maximum extent permitted by law, in no event shall Company be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, loss of profits, loss of revenue, loss of goodwill, or loss of data, even if the Company has been advised of the possibility of such damages arising out of or related to this Agreement. The Company shall not be liable for claims, losses, damages, or liabilities or any nature whatsoever arising out of or related to the unauthorized access, use, disclosure, or destruction of the Account’s financial and credit information, whether in contract, tort (including negligence), or under any other legal or equitable theory. Company shall have no liability for any claims, allegations, causes of action, breach or dispute whatsoever arising out of, connected with or related to Company Financial and Credit Card information practices, policies, and procedures or Account Financial and/or Credit Card information retained, known or stored by Company. Company likewise shall not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, loss of profits, loss of revenue, loss of goodwill or loss of data resulting from any act, omission, representation, misrepresentation or conduct of any third-party, including contractors, subcontractors, service providers, parties hired the Company, parties in privity with the Company or other entities or individuals engaged by the Company. The Company shall not be liable for claims, losses, damages, or liabilities or any nature whatsoever arising out of or related to the unauthorized access, use, disclosure, or destruction of the Account’s financial and credit information, whether in contract, tort (including negligence), or under any other legal or equitable theory caused by, related to, arising from, connected with or concerning any act, omission, representation, misrepresentation or conduct of any third-party, including contractors, subcontractors, service providers, parties hired the Company, parties in privity with the Company or other entities or individuals engaged by the Company.

Limitation of Personal Liability

The Account agrees that no owner, shareholder, director, manager, officer, employee, or agent of Company (collectively, the Company Representatives) shall have any personal liability to the Account or any third party for any actions, omissions, representations, misrepresentations, conduct or liabilities of the Company, whether in contract, tort (including negligence), strict liability, or under any other legal or equitable theory, arising out of, related to or connected with this Agreement, the services provided hereunder, the Products provided or agreed to be provided by the Company, the Deliverables provided or agreed to be provided by the Company, the Work performed or agreed to be performed by the Company, the Services provided or agreed to be provided by Company, the Confidentiality of information, Company Confidentiality Practices, Company Security Practices, Company Privacy Policies and/or Account Financial or Credit Card information, including Company Financial or Credit Card information practices, or any third-party action, omissions, conduct, representations or misrepresentations.

Acts of the Company

The Account acknowledges and agrees that all obligations of the Company under this Agreement are solely the obligations of the Company and not of any individual Company Representative. The Account further agrees that it will not pursue any claims or actions against any Company Representative personally in connection with any breach or alleged breach of this Agreement, or any other matter or any nature whatsoever arising out of or related to this Agreement.

Third-Party Acts

The Account agrees that the Company Representatives shall not be personally liable for any acts, omissions, conduct, representation or misrepresentation of third parties, including but not limited to contractors, subcontractors, service providers, or other entities or individuals engaged by the Company in connection with the performance of this Agreement.

Total Liability

The total liability of Company, including attorney’s fees, litigation expenses and costs of any kind for any claim arising out of, related to or in any way connected with this Agreement, the Products provided or agreed to be provided by the Company, the Deliverables provided or agreed to be provided by the Company, the Work performed or agreed to be performed by the Company, the Services provided or agreed to be provided by Company, the Confidentiality of information, Company Confidentiality practices, Company Security Practices, and/or Company Privacy Policies shall not exceed the total amount paid or payable to Company under the applicable SOW. In the event Account claims any damages resulting from the Confidentiality of information, Company Confidentiality practices, Company Security practices or Company Privacy practices, Company liability shall not exceed the total amount paid to Company during the thirty (30) days immediately preceding the event giving rise to such claim of liability.

Limitation of Remedies and Damages

Account’s sole remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Product or Deliverables, whichever is less. Selection of whether to correct or replace shall be solely at the discretion of the Company.

If the Company is unable to provide a replacement or substitute Product or Deliverables or corrections to the Product or Deliverables, Account’s sole alternate remedy shall be a refund of the purchase price for the Product or Deliverables, whichever is less, exclusive of any costs for shipping and handling.

Indemnity and Hold Harmless Agreement

Account shall indemnify, defend, and hold harmless Company and its parent companies, subsidiaries, affiliates, shareholders, members, partners, directors, managers, officers, employees, insurers, agents, successors, and assigns (collectively, the “Company Indemnified Parties”) from and against any and all claims, demands, actions, losses, injuries, damages, liabilities, obligations, costs, and expenses, including without limitation attorneys’ fees, experts’ fees, and other costs of defending any claim, demand, or action (collectively, “Losses”), which Company and/or any Company Indemnified Party may incur or become liable for as a result of, on account of or in connection with (a) any actual or alleged default or breach by Account or any of its employees, agents, or subcontractors of any of Account’s warranties or any of Account’s other obligations under this Agreement, or (b) any actual or alleged act or omission by Account or any of its employees, agents, or subcontractors in performing any of Account’s obligations under this Agreement, (c) any defects or alleged defects in any Product or Deliverables or arising from the nature of the material contained in any Products or Deliverables, (d) any actual or alleged failure on the part of the Products or Deliverables or of Account or its employees, agents, or subcontractors to comply with any applicable federal, national, state, or local laws, orders, rules, ordinances, or regulations and (e) any negligent, grossly negligent or intentional use or misuse by Account of the Services, Software or Products or Deliverables of Company.

Company will notify Account of any Losses of which it has knowledge that are or may be subject to Account’s indemnification obligation. Company shall make available to Account all information and assistance as Account may reasonably request in connection with satisfying its indemnification duties, at Account’s expense. Company shall have the right to participate in the defense of any claims, demands, or actions that are subject to Account’s indemnification obligation, or to assume and control the defense of any such claim, demand, or action, all at the expense of Account. Account may not settle any claim, demand, or action without the prior written consent of Company (such consent not to be unreasonably withheld or delayed). Notwithstanding anything to the contrary herein, if in the opinion of Company or any other Company Indemnified Party, any claim, demand, or action involves either the potential imposition of criminal liability on any Company Indemnified Party, or a conflict of interest between a Company Indemnified Party and Account as the indemnifying party, then Account shall not assume the defense; instead, Company shall assume and control the defense, all at the expense of the Account.

Infringement Warranty and Indemnity

Account warrants that neither the Products, Deliverables or Services furnished hereunder, nor their purchase, resale or use, shall infringe or misappropriate or contribute to the infringement or misappropriation of any patent, copyright, trademark, trade name, trade secret or other proprietary right in the U.S.A. or elsewhere, or subject Company or its Accounts (direct or indirect) or any other Company Indemnified Party to royalties, penalties or liabilities in the U.S.A. or elsewhere. Account expressly warrants and represents that the Products, Deliverables or Services furnished hereunder are allowed under the Law, Statutes, Rules and Regulations of the applicable jurisdiction and that The Products, Deliverables or Services furnished under the Agreement will not and do not violate any confidentiality agreement or Court Order. Account shall indemnify and hold harmless Company and its Accounts (whether direct or indirect) and the other Company Indemnified Parties from and against any and all Losses which they, or any of them, may sustain or incur as the result of any breach of this warranty under the same procedures as set forth in Section 13 (Indemnity and Hold Harmless Agreement) above.

Term and Termination

This Agreement shall commence on the Account holder’s acknowledgment and creation of the subject Account, and shall continue until terminated by either Party as provided herein.

Either Party may terminate this Agreement or any SOW for convenience upon thirty (30) days written notice to the other Party.

Either Party may terminate this Agreement or any SOW immediately upon written notice if the other Party materially breaches any term of this Agreement or any SOW and fails to cure such breach within fifteen (15) days after receiving notice of the breach.

Governing Law

This Agreement is governed by the laws of the State of Texas without regard to Texas’s conflict or choice of law provisions. Jurisdiction and Venue for any claims, actions, disputes, rights, law suits or causes of action shall be in Bexar County Texas District Court. Company and Account both agree to waive any venue or jurisdictional objections to the same and both Company and Account agree to submit themselves to said Jurisdiction, both subject matter and personal, and venue.

Waiver

Neither Company’s failure to insist on performance of any term, condition or provision hereof, nor Company’s failure to exercise any right or privilege, shall be or be construed as a waiver of any term, provision, condition, right or privilege, nor shall it be or be deemed to be a waiver of any provisions of any subsequent Purchase Order. No waiver by Company of any breach by Account shall be effective unless it is in writing and signed by Company, and no such signed waiver shall be or be construed as a waiver of any other remedies provided hereunder and by law shall be cumulative.

Dispute Resolution

In the event that Company and Account have a dispute related to the Product, Deliverables, Work or Services provided by Company, the parties agree to first conduct a mediation within (40) calendar days from the date a written notification of request for mediation is received by either party. Alternately, the parties may conduct such mediation at a mutually agreeable date and time outside the forty (40) day window. Any written request for mediation from Account shall be sent in writing, certified mail, return receipt requested, to: 1876 Horse Creek Rd, Cheyenne, Wyoming 82009

Any request for mediation sent by Company shall be sent in writing, certified mail, return receipt requested, to the Ordering Attorney reflected on the Purchase Order.

Any request for mediation shall be considered delivered and received upon seven (7) days after mailing by certified mail, return receipt requested United States Mail.

Account’s notification of its dispute and request for mediation is a condition precedent to proceeding with any claim for relief and adjudication of the subject dispute or this Agreement.

Arbitration Agreement

Agreement to Arbitrate

The Account and the Company agree that any and all disputes, claims, or controversies arising out of or relating to this Agreement, the Products, the Work and/or the Services provided by Company including but not limited to any claims regarding the formation, enforceability, or breach of this Agreement, shall be resolved exclusively through final and binding arbitration, rather than in court. By agreeing to this arbitration provision, both the Account and the Company waive their right to a trial by jury or to participate in a class action or representative proceeding.

Waiver of Class Action

The Account agrees that arbitration will be conducted on an individual basis and not as a class, collective, or representative action. The Account hereby waives the right to join or consolidate claims in arbitration with others, or to participate in any class or collective action.

Selection of Arbitrator

The parties shall mutually agree upon neutral arbitrators who shall have no prior or current relationship with either party. The arbitrator shall be neutral, impartial, and independent.

Arbitration Fees

Each party shall bear its own costs and expenses related to the arbitration, including attorneys’ fees, and shall share equally in the payment of the arbitrator’s fees and any administrative fees associated with the arbitration.

AAA Arbitration

If the parties cannot agree on the selection of a neutral arbitrator within thirty (30) days of the notice of arbitration, the arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA). The AAA shall administer the arbitration and appoint a neutral arbitrator.

Panel of Arbitrators

The arbitration shall be conducted by a panel of three (3) arbitrators. Only one of the arbitrators shall be lawyers. The arbitrators shall be selected in accordance with the procedures set forth by the AAA or as otherwise agreed upon by the parties.

Application of Texas Rules of Evidence

The arbitration shall be conducted in accordance with the Texas Rules of Evidence. The arbitrators shall apply these rules as they would be applied in a Texas court of law.

Waiver of Jury Trial

The Account expressly waives any right to a trial by jury in any legal proceeding arising out of or related to this Agreement. This waiver shall apply to any and all claims, causes of action, counterclaims, crossclaims, third-party claims or relief of any nature whatsoever, regardless of the nature of the claim or relief sought or the legal theory upon which it is based.

Waiver and Severability

In the event that any provision or term of this Arbitration Agreement is found to be invalid or unenforceable by a court of competent jurisdiction or an arbitrator, such invalidity or unenforceability shall not affect the validity or enforceability of any other provision or term of this Arbitration Agreement, which shall remain in full force and effect. The parties agree that any invalid or unenforceable provision or term shall be severed from this Agreement, and the remaining provisions shall be enforced to the fullest extent permitted by law.

Limitation of Liability and Damages

The liability and damages of Company pursuant to any arbitration award in favor of the Account are subject to the limitations set forth in Sections11 and 12, above.

No Waiver of Statutory Remedies

Nothing in this Arbitration Agreement limits, precludes or otherwise abrogates any available statutory remedy that Account may possess.

Survival of Terms

The Parties’ Agreement to arbitrate, among other provisions, shall survive expiration or termination of this Agreement.
Severability

If any provision of this Agreement is held to be invalid or unenforceable, that provision will be modified or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable; and an enforceable term will be substituted reflecting our intent as closely as possible.