Please read these Standard Terms of Use (“Terms”) carefully. By using the Service (defined below) or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement between you and crm.nocsolutions.mobi, which is owned by NOC Solutions, LLC (“NOC”). 

NOC offers an online marketing platform (the “App”) that allows you to manage your contacts, to create, send, and manage certain marketing campaigns (each a “Campaign,” and collectively, “Campaigns”), including, without limitation, text messages (for both informational or marketing purposes) (“Text Messaging” or “Text Messaging Plan”). The App is operated by NOC and we’ll collectively refer to it and insights, analytics, and other features we make available through our products and services, as the “Service.” As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “User” according to this Agreement (or “you”). A “Contact” is any person that you, a User, may contact through our Service. In other words, a Contact is anyone on a User’s distribution list about whom a User has given us information or is anyone who has otherwise interacted with a User via the Service. For example, if you are a User, a subscriber to your SMS marketing campaigns or a shopper to your website or landing page would be considered a Contact.

These Terms, including our Acceptable Use Policy and Data Processing Addendum, (collectively, the “Agreement”) define the terms and conditions under which you’re allowed to use the Service in accordance with the Agreement, which in addition to our Privacy Policy, describe how we’ll treat your account and the data we collect and process about you, your end users, and your contacts and customers while you’re a User. If you don’t agree to these Terms, you must immediately discontinue your use of the Service.

[From time to time, NOC utilizes third parties for certain features of the Service, and, as a result, Users should be aware of certain terms related to the use of such features. 

Therefore, you acknowledge and agree that by signing up for an account and using the Service that you are also agreeing to any such terms related to such third parties.] 

1. Account

1. Eligibility In order to use the Service, you must:

1. 1. be at least eighteen (18) years old and able to enter into contracts;
   2. complete any required account registration process;
   3. agree to these Terms and the other terms and conditions linked in these Terms that form part of the Agreement;
   4. provide true, complete, and up-to-date contact and billing information;
   5. not be included in lists maintained by the United States or other applicable jurisdictions prohibiting transactions with and the export of US products to certain entities, people and jurisdictions.
      By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
      NOC may refuse service, close accounts of any Users, and change eligibility requirements at any time.
      

2. Term

When you sign up for an account and agree to these Terms, the Agreement between you and NOC is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a NOC account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

3. Closing Your Account

You or NOC may terminate the Agreement at any time and for any reason. You may do so by terminating your NOC account or we may do so by giving notice to you that we are terminating the Agreement. We may suspend the Service to you at any time, with or without cause. We won’t refund or reimburse you in any situation. If your account is inactive for 12 or more months, we may terminate your account and you won’t be entitled to a refund for any prepaid amounts or reimbursement. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your Campaigns. 

4. Changes

We may change any of the Terms by posting revised Terms on our website. Unless you terminate your account, the new Terms will be effective immediately upon posting on the effective date indicated in the new Terms, as applicable, and apply to any continued or new use of the Service. We may change the Service or any features of the Service at any time, and we may discontinue the Service or any features of the Service at any time, and we are not in any way liable to you for any modification, suspension, termination, or discontinuation.

5. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account, whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate. We may contact you, or any seat, authorized user, or login added to your account, based on the information provided in your account.

6. Account Disputes

We don’t know the inner workings of your organization or the nature of your personal relationships. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on a number of factors, including the content in that account, and the contact and profile information listed for that account. In cases where differing contact and profile information is present or we are unable to reasonably determine ownership, we’ll require you to resolve the matter through proper channels outside of NOC. When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account until the dispute is properly resolved.

2. Pricing – please go to https://nocsolutions.mobi/crm for the most recent pricing schedules
   

Payment
Users select a monthly Text Messaging plan from the NOC Pricing Plans table and are billed on a recurring monthly billing cycle for the plan selected at the then-current price.  All usage requires prepayment and for the User to provide NOC with a credit card. In the “Pay as You Go” Plan, User first pays the monthly recurring fees such as 10DLC/TFN fees and then is given the number of message credits selected. Unused credits in any plan do not roll over to the next month.  To provide uninterrupted service, we will automatically charge for and renew a User’s Text Messaging plan unless the User opts out of automatic renewal in the App or by contacting customer support. NOC reserves the right to deactivate your Text Messaging plan for any failed payment, and you may lose access to certain features in your account. 

You won’t be entitled to a refund or credit from us under any circumstance. However, we may, at our sole discretion, offer a refund, discount or credit.

As NOC requires prepayment, there will not typically be an instance where User is extended credit by NOC. Provided, however, in any event where a credit card is declined, or is “charged back” or in any other instance, NOC will issue an invoice to User and payment shall be due within three business days. Any past due payments are subject to interest at the greater of 1.5 % per month or the maximum amount permitted under law. We may change any of our fees at any time by posting a new pricing structure to our website or in your account and/or sending you a notification by email. Quoted fees don’t include sales or other transaction-based taxes of any kind.

3. Rights
   

1. Feedback and Propriety Rights
We own all proprietary rights in the Service and the NOC website, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. You will respect our proprietary rights in the Service and the NOC website, and you may only use our brand assets with our express written permission.
You shall retain all right, title, and interest in and to the material, content, data, and information (including your personal information and the personal information of others) you submit to NOC in the course of using the Service (collectively, your “Content”). Subject to these Terms, you grant us permission to use or disclose your Content (including any personal information therein) only as necessary to provide the Service to you and/or as otherwise permitted by these Terms. You represent and warrant that: (i) you own or have otherwise obtained all necessary rights, releases, and permissions to submit all your Content to the Service and to grant the rights granted to us in these Terms and (ii) your Content and its submission and use as you authorize in these Terms will not violate (1) any applicable law, (2) any third-party intellectual property, privacy, publicity, or other rights, or (3) any of your or third-party policies or terms governing your Content.
You may provide or we may ask you to provide suggestions, comments, input or other feedback (“Feedback”) regarding the Service. If you provide us with any Feedback, then you grant us a perpetual, irrevocable, royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback as we see fit. Any Feedback you choose to provide is given entirely voluntarily. You understand that you will not receive any compensation for your Feedback, and that we may use any Feedback you provide to improve the Service or to develop new features and services.

2. Privacy

Your privacy is important to us. Please read our Privacy Policy for information regarding how we collect, use, and disclose your personal information and the privacy rights available to you when you use and interact with the Service.

Each party shall comply with all applicable data protection laws. The parties acknowledge that, as between the parties, the User is the owner of all User data and provides to NOC a non-exclusive, worldwide, royalty-free and fully paid license to use the User data during the term of this Agreement and for any period thereafter in which NOC deems necessary for its business purposes (e.g., for billing, administrative, security, and product improvement purposes) and for legal and compliance purposes. Upon request, NOC will provide User a copy of all User data.

We cannot guarantee the security of every data transmission over the internet.

3. Right to Review Content, Campaigns and Sites
We may view, copy, and internally distribute Content from your Campaigns, your websites, your Third-Party Integrations (as defined below) and your account to create algorithms and programs (“Tools”) that help us spot problem accounts and improve the Service, among other uses permitted by these Terms or our Privacy Policy. We may aggregate and anonymize data, including data from the Content of your Campaigns, websites, and Third-Party Integrations to create statistical information. We own all such aggregated and anonymized data and may use it, including, but not limited to, operating, analyzing, improving, or marketing our products and services and sharing such data externally for research, marketing, or other lawful purposes.

4. Rules and Abuse

1. General Rules By agreeing to these Terms, you promise to follow these rules:
   1. You comply with all of our policies.
   2. You acknowledge NOC doesn’t allow accounts that promote or incite harm toward others or that promote discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you send a Campaign, create or manage a website, or otherwise create or distribute any Content that we determine, in our sole discretion, contains either of the following:
      1. A Threat of Physical Harm. This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
      2. Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
   3. You acknowledge we also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
      1. an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm;
      2. a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or
      3. a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.
   4. You acknowledge NOC also does not allow the distribution of Content that is, in our sole discretion, materially false, inaccurate, or misleading in a way that could deceive or confuse others about important events, topics, or circumstances.
   5. You acknowledge if you violate any of these rules, then we may issue a warning to, suspend, or terminate your account.
      
2. Reporting Abuse
   If you think anyone is violating any of these Terms, please notify NOC immediately.
   
3. Compliance with Laws and Regulations (Including without limitation the TCPA).
   You represent and warrant that your use of the Service will comply with all applicable laws and regulations, including as may be amended or adopted over time. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLBA, TCPA data protection laws, anti-corruption and anti-bribery laws and regulations, United States and any other applicable economic sanctions, and export control laws and regulations (“Global Trade Laws and Regulations”), laws or regulations applicable to artificial intelligence features or Content, or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. Likewise, as of now the Service does not include an AI Model or any such Outputs (each as defined below), but anticipated development includes the addition of an AI Model that can provide such Outputs (each, as defined below). Once developed, we will not be liable if your use the AI Model or any Outputs does not meet requirements under applicable laws and regulations (including any applicable carrier requirements). You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, Telephone Consumer Protection Act, or any other applicable laws.
   
   If you collect any personal information pertaining to a minor and store such information within your NOC account, you represent and warrant that you have obtained valid consent for such activities according to the applicable laws of the jurisdiction in which the minor lives.
   
   You agree, represent, and warrant to NOC that:
   1. If and to the extent required by data protection laws, you will clearly post, maintain, and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that (a) satisfies the requirements of applicable data protection laws, (b) describes your use of the Service, and (c) includes a link to our Privacy Policy. 
   2. You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to NOC and any Third-Party Integrations (defined below) and to enable such data to be lawfully collected, processed, and shared by NOC and such third parties for the purposes of providing the Service or as otherwise directed by you.
   3. You will comply with all laws, rules, and regulations applicable to the Campaigns sent through the Service, including those relating to (a) acquiring consents (where required) to lawfully send Campaigns, including without limitation the Telephone Consumer Protection Act of 1991 (b) the Content of Campaigns (c) your Campaign deployment practices.
   4. You will maintain copies of all consents obtained in furtherance of your sending of any Campaign for a period of five years after the deployment of the Campaign. You will maintain copies of any revocation of consent from end users. A copy of the records maintained in connection with this Section IV(3)(iv) shall be made available to NOC upon request as soon as practicable and in any event within two business days of such request by NOC.   
   5. You will provide all notices and obtain all necessary consents required by applicable data protection laws to enable NOC to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users. You shall have the sole responsibility for the accuracy, quality, and legality of your use and collection of your Contacts’ data within Text Messaging.
   6. To the extent NOC processes your Content protected by data protection laws as a processor on your behalf (all as defined in the DPA), you and NOC shall be subject to and comply with the NOC Data Processing Addendum (“DPA”), which is incorporated into and forms an integral part of these Terms. The DPA sets out our obligations with respect to data protection and security when processing your Content on your behalf in connection with the Service.
   7. All the content and material you provide or use in connection with the Service does not infringe upon or violate any copyright, trademark, privacy, publicity, or other proprietary right of any third party.
   8. You will comply with all applicable industry best practices and network carrier’s requirements or guidance in connection with the Text Messaging.
      

5. Liability
   

1. LIMITATION OF LIABILITY
   To the maximum extent permitted by law, you acknowledge and agree that (i) you assume full responsibility for any loss that results from your use of the Service, including any downloads from the NOC website; (ii) we won’t be liable for any indirect, punitive, special, or consequential damages, including any loss of data, profits, revenues, business opportunities, goodwill, or anticipated savings under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages; and (iii) in any calendar month, the total liability of NOC and our third-party providers, licensors, distributors, or suppliers to you arising out of or relating to the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding three months.

You are liable for any Content sent through the Service. Without limitation to the other provisions of these Terms, it is your responsibility to review all Content prior to sending any Campaign through the Service. NOC is not liable for any Content you send through the Service. For the avoidance of doubt, in no instance will we be liable for any losses or damages you suffer if you use the Service in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation.

We are not liable for your relationship with your Contacts and how you interact with them, including your collection of personal information or your collection of consent to communicate with your Contacts via Text Messaging. If applicable law requires, you must obtain consent directly from your Contacts in the manner prescribed by applicable law. It is your responsibility to consult with a licensed attorney to make sure your use of Text Messaging is compliant with all applicable laws.

2. No Warranties
   Except as expressly stated in these Terms, the Service is provided as-is and, to the fullest extent permitted by law, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, data loss, merchantability, or non-infringement or any warranties with respect to the accuracy, reliability, or availability of any content or information made available in or through the Service (including any Output, as defined below), which are, to the fullest extent permitted by law, excluded from the Agreement. Since Users use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.
   
3. Indemnity
   You agree to indemnify and hold us (including without limitation our affiliates, directors, officers, members, employees, agents and partners) harmless from any losses, damages, judgments, fines, and costs, including legal fees and expenses in connection with any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, damages, judgments, fines, and costs, including legal fees and expenses, in connection with any claims arising out of or relating to (i) your Content, Campaigns, or websites, (ii) your use (or any third-party’s use) of the Service, (iii) your violation of any laws or regulations, (iv) third-party claims that you or someone using your password did something that, if true, would violate any terms of the Agreement, (v) any misrepresentations made by you, (vi) a breach of these Terms or any representations or warranties you’ve made to us, or (vii) your use of and reliance on an AI Model (defined below) including, but not limited to, your Outputs (defined below).
4. Equitable Relief

Your violation of these Terms may cause irreparable harm to us. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Terms (meaning we may request a court order to stop you).

5. Subpoena Fees
   If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
   
6. Disclaimers
   We aren’t responsible for the behavior of any third parties, agencies, linked websites, or other Users, including third-party applications, products, or services for use in connection with the Service (each, a “Third-Party Integration”). Your use of any Third-Party Integration and rights with respect to such Third-Party Integration are solely between you and the applicable third party. We are not responsible for the privacy, security or integrity of any Third-Party Integration or the practices and policies of any Third-Party Integration. We make no warranties of any kind and assume no liability of any kind for your use of any Third-Party Integration.
   

6. Miscellaneous

1. Text Messaging 
   These additional terms shall apply to User sending Text Messaging. Text Messaging can be used to send promotional and marketing-related messages to Contacts who opt in to receive such messages. By using Text Messaging, you acknowledge and consent to your contact details being passed to and stored by NOC and the SMS Provider(s) and acknowledge and understand that certain data about your use of Text Messaging will be shared with the SMS Provider(s), including, but not limited to, the contents and metadata of each message. Such data will be shared with the SMS Provider(s) for the purpose of providing the Service to you. Your personal information will be processed by NOC in accordance with our Privacy Policy.

You understand and agree that we may limit the number of messages or the time of day you can send messages as part of Text Messaging. In the United States and if otherwise applicable in your jurisdiction, you are required to submit an application to receive a number. NOC (or a network carrier) may deny your application for any reason (or no reason), without prior notice to you.

By using Text Messaging, you promise not to:

1. 1. send SMS messages to anyone you do not have the required consent to contact or without the required opt-out method or language within the SMS message;
   2. send any unsolicited messages (spam) or confuse, deceive, defraud, mislead, or surprise people with your communications;
   3. send any content that is in violation of our policies;
   4. take any action that imposes an unreasonable or disproportionately large load on NOC’s infrastructure; and
   5. impersonate any person or entity or falsely state or otherwise misrepresent an affiliation with a person or entity.

You will comply with all laws, rules, regulations, best practices, policies, or carrier requirements applicable to Text Messaging (including, but not limited to, SHAFT restrictions, quiet hours, advertising restrictions, and direct marketing rules). You will immediately (and in any event, within the time period prescribed under applicable laws, rules, or regulations) honor all opt-out, unsubscribes, or other requests from Contacts who do not want to be contacted via Text Messaging.

You also agree that in connection with Text Messaging that you shall maintain the following information on your website: (a) name, (b) address, (c) contact information, including email and telephone number, (d) VAT number (if the activity is subject to VAT), and (e) any additional information required by regulated professions. If required under applicable law, rule, or regulation, you must clearly identify the person or entity on whose behalf the SMS message was made and the existence of any promotional offers or competitions.

You acknowledge that Text Messaging may only be available in certain languages and subject to certain limitations (e.g., restrictions on use for certain types of customers or certain purposes). You agree to comply with any such restrictions or limitations.

2. Generative AI Features

NOC anticipates adding generative AI features into the Service. Upon the additional of such features, the following shall apply:

NOC may offer or integrate with certain artificial intelligence features as part of the Service (each, an “AI Model”), including to help you create Campaigns or other content (“Content Generation”). For clarity, any such AI Model is part of the Service and your use of the AI Model is considered part of your use of the Service.

You are responsible for ensuring that any summary, text, instructions or other Content you make available while using the features of the AI Model (collectively, “Inputs”) are appropriate and permissible under these Terms. For the avoidance of doubt, such Inputs are “Content” for purposes of these Terms.

Use of the AI Model may result in content, materials, data, visuals, metrics, insights, optimizations, recommendations, and other output generated and/or provided by the AI Model (collectively, “Outputs”) that are inaccurate or otherwise not fit for use (including from a legal and/or business perspective), and NOC make no warranties, express or implied that the AI Models or any Outputs are free from error or bias. You are solely responsible for such Outputs, which is also your “Content” for the purposes of these Terms. You must carefully review the resulting Outputs before you add it to a Campaign, rely on such Outputs, or otherwise use such Outputs to ensure everything is accurate, lawful, and otherwise appropriate and is not detrimental to NOC and the general public. And, you agree to have adequate rights to use such Outputs and any Content. You shall ensure that your use of any Output does not violate the intellectual property or proprietary rights of NOC or any third party. You are not required to use any such Outputs or Content, and you are free to and should modify them as appropriate to ensure compliance with these Terms. You also acknowledge and agree that any Outputs may not be protectable under copyright or other intellectual property, proprietary rights, or other law. NOC makes no warranties or representations, express or implied, that the Output or other Content is protectable under any law. Where appropriate or in the event such a disclaimer is required by NOC, you will include as part of any Campaign or Content that you develop using the AI Model a disclaimer to end users to communicate that the applicable Content may contain errors and should be independently verified.

Due to the nature of generative artificial intelligence, Outputs may not be unique and the AI Model may generate and/or provide the same or similar Output for you as it generates and/or provides for other users. For clarity, Outputs for other users are not considered your Content.

Without prejudice to any of our other rights, you acknowledge and agree that NOC may choose to leverage certain third parties to provide its AI Models, including to generate Outputs and to process and store Inputs and Outputs in private hosting environments. By using the AI Model, you authorize and agree that such third parties may access, use, and store any Inputs and Outputs pursuant to their relevant terms and privacy policies.

Without limiting NOC’s rights otherwise set forth in these Terms, by using the AI Model, you hereby grant NOC (and its agents, employees, officers, directors, independent contractors, affiliates, subsidiaries and representatives) a worldwide, non-exclusive, irrevocable, transferable, royalty-free, fully paid-up, sublicensable (through multiple-tiers) license to access, use, modify, display, publicly perform, distribute, copy, create derivatives from (including derivative works of) and process any and all Inputs and Outputs (including any intellectual property contained therein or embodied thereby) for any purpose, including to develop and improve the AI Model and for purposes stated in our Privacy Policy.

We may use your Inputs and Outputs, including Customer Data, for machine learning purposes in order to develop and improve the AI Model, the Services, and similar products and features, and you instruct us to process Customer Data for such purposes. 

You acknowledge that AI Models may only be available in certain languages and subject to certain limitations (e.g., restrictions on use for certain types of customers or for certain purposes). You agree to comply with any such restrictions or limitations. NOC may modify, suspend, discontinue, or further limit use of the AI Model at any time (without any notice to you). We may limit, suspend, or terminate an AI Model or your participation in or access to the AI Model at any time, with or without cause, and we may suspend or terminate your NOC account if you violate any of our terms or policies. If we do any of the foregoing, we are not in any way liable to you for any modification, suspension, termination, discontinuation, or limitation. Without limitation, the laws and regulations governing artificial intelligence and related technology are uncertain and evolving, and the ability to use the AI Model and/or Outputs may be adversely impacted in the future.

You agree to use the AI Model in (and any Outputs) in full compliance with these Terms and in accordance with NOC’s Acceptable Use Policy.

3. Assignments

You may not assign any of your rights under the Agreement to anyone else. We may assign the Agreement and any of our rights and obligations hereunder to any other individual or entity at our discretion.

4. Choice of Law
   This Agreement shall be governed by, interpreted and construed in accordance with the laws of the State of Nevada, notwithstanding its choice of law provisions.
   
5. Arbitration and Dispute Resolution
   Any dispute or controversy arising out of or related to this Agreement or any breach hereof shall be settled by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association before the American Arbitration Association in the venue of the opposing party’s location.  Any award shall be confidential, final, and binding, and judgment thereon may be entered in any court of competent jurisdiction.  Nothing in this paragraph will be construed to preclude any party from seeking injunctive relief in order to protect its rights pending arbitration.
   
6. Force Majeure
   Except for payment obligations, neither party will be liable for, or will be considered to be in breach of this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such party’s reasonable control and that such party is unable to overcome through the exercise of commercially reasonable diligence.  If any force majeure event occurs (which shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other natural occurrences, any conflicting order, direction, action or request of the United States government (including, without limitation, state and local governments) or of any regulatory department, agency, commission, court, bureau, corporation or other instrumentality, or of any civil or military authority, national emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages or other such labor difficulties), the affected party will give prompt written notice to the other party and will use commercially reasonable efforts to minimize the impact of such event.  Notwithstanding the foregoing, the parties’ obligations to one another shall be excused and/or postponed during and only for the duration of the applicable force majeure event and shall resume as soon as practicable after the force majeure event has ended.
7. Survivability
   Even if the Agreement is terminated, the following sections will continue to apply: Feedback and Proprietary Rights, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Dispute Resolution, Choice of Law, Severability, and Entire Agreement. 
   
8. Severability
   If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.
   
9. Interpretation
   The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.
   
10. Waiver
    If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
    
11. Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

12. Notices
    All notices and authorizations to be given pursuant to this Agreement shall be in writing and will be given by email. When such notice is given to the User, the notice will be provided to the email address User provides to NOC when establishing an account. When such notice is given to NOC it shall be sent to [email protected]. An additional electronic copy of any notice to NOC shall be provided to its counsel Joe Huser, PC via email at [email protected]. 

Such notice or demand will be deemed to have been given or made (a) if by hand, upon receipt thereof; (b) if by confirmed facsimile, the confirmed date of transmission; (c) if by overnight express carrier, upon such delivery; and (d) if mailed, three (3) days after deposit in the U.S. mails, postage prepaid, certified mail return receipt requested, and (4) if by email, upon sending the email notice.  The above addresses may be changed at any time by giving prior written notice as above provided.

13. Entire Agreement

The Agreement, including these Terms makes up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings. Any additional terms will be considered incorporated into the Agreement when you activate or use the corresponding feature of the Service. Where there’s a conflict between these Terms and such additional terms, the additional terms will control to the extent of the conflict.