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TERMS OF SERVICE X
The Energy Control Company Terms of Service Welcome to The Energy Control Company! 1. Your relationship with The Energy Control Company. 1.1 Your use of Net Metering Inc.'s, hereafter referred to as "ECC", products, software, services, manuals, documents, hardware backbone infrastructure, internet based software components and web sites (referred to collectively as the "Services" in this document and excluding any services provided to you by ECC under a separate written agreement signed by both parties) is subject to the terms of a legal agreement between you and ECC. "ECC" means The Energy Control Company., whose principal place of business is at 3805 Cutshaw Avenue, Suite 501, Richmond, Virginia 23230, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement. 1.2 Unless otherwise agreed in writing with ECC, your agreement with ECC will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Universal Terms". 1.3 Your agreement with ECC will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service. 1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and ECC in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms". 1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service. 2. Accepting the Terms 2.1 In order to use the Services and in consideration of ECC granting you access to and the use of its Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. By accepting the Terms you are expressly accepting all of the terms and conditions set out within this agreement and agree to be bound specifically in accordance with its provisions. 2.2 You can accept the Terms by: (A) clicking to accept or agree to the Terms, where this option is made available to you by ECC in the user interface for any Service; or (B) by actually using the Services. In this case, you understand and agree that ECC will treat your use of the Services as acceptance of the Terms from that point onwards; or (C) by logging in to the ECC web site and/or Energy Ecosystem Webpages© web pages. In this case, you understand and agree that ECC will treat your log in as acceptance of the Terms from that point onwards. 2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with ECC, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services. 2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records. 3. Language of the Terms 3.1 Where ECC has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with ECC. 3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence. 4. Provision of the Services by ECC 4.1 ECC has subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Services to you on behalf of ECC itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you. 4.2 ECC is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which ECC provides may change from time to time without prior notice to you. 4.3 As part of this continuing innovation, you acknowledge and agree that ECC may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at ECC's sole discretion, without prior notice to you. 4.4 You acknowledge and agree that if ECC disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. 4.5 You acknowledge and agree that while ECC may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by ECC at any time, at ECC's discretion. 5. Use of the Services by you 5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of or log in to the Services. You agree that any registration information you give to ECC will always be accurate, correct and up to date. 5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). 5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by ECC, unless you have been specifically allowed to do so in a separate written agreement signed by ECC. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services. 5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). 5.5 Unless you have been specifically permitted to do so in a separate written agreement signed by ECC, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. 5.6 You agree that you are solely responsible for (and that ECC has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which ECC may suffer) of any such breach. 5.7 You may use the Services for your internal business purposes in the manner permitted by the Terms of this agreement. ECC will make the documentation for the Services available in electronic form in order to facilitate the use of the Services. You are not permitted any other use, duplication or distribution of the documentation. 5.8 ECC will provide you with access to the Services and will use commercially reasonable efforts to endeavor that the Services are functional and available twenty four (24) hours a day, seven (7) days per week with 99% uptime reliability. Because interruptions may occur, no mission critical services should be solely supported with the Services. 5.9 This agreement is personal to you. You may not assign (or grant a sub-license of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any right part of your rights to use the Services. 5.10 As used in this agreement "you" shall be broadly interpreted to include, without limitation, any corporation, limited liability company, partnership or similar organization of any type, employees, agents, affiliates, consultants, contactors and natural person. If you allow anyone to use the Services, you are responsible for all of their actions of whatever kind and the terms of this agreement shall also apply to them. 5.11 You may not: (a) copy, modify, create a derivative work of, reverse engineer, decompile, disassemble or otherwise attempt to extract the source code of any of the Services, except and only to the extent that such activity is expressly permitted in writing by ECC or required by applicable law; (b) distribute, rent, sell or assign any of the Services; (c) use the ECC trademarks, patents, copyrights, etc. in promoting yourself or any product; (d) use the ECC trademarks or similar mark as all or part of a domain registration; (e) make any warranties or representations on behalf of ECC; (f) permit anyone other than a registered and authorized user to use any of the services; (g) remove, obscure, or alter any proprietary rights notices (including but not limited to logos, patent, copyright and trademark notices) which may be affixed to or contained within the Services. 5.12 You acknowledge and agree that ECC owns all legal right, title and interest in and to the Services, including any intellectual property rights in the Services (whether those rights are registered or not and wherever in the world those rights happen to exist). You agree that you will not at any time during or after this agreement assert or claim any interest in or do anything that may adversely affect the validity or enforceability of this intellectual property except and only to the extent that such activity is expressly required by applicable law. 5.13 All of terms of this Section and your agreements made in this Section 5 shall remain in force indefinitely or to a maximum period provided by law and shall not cease upon the expiration or termination of this agreement as provided for in Section 13 below. 6. Your passwords and account security 6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. 6.2 Accordingly, you agree that you will be solely responsible to ECC for all activities that occur under your account. 6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify ECC immediately. 7. Privacy and your personal information 7.1 You agree to the use of your data in accordance with ECC's privacy policies. 8. Content in the Services 8.1 You agree that you are solely responsible for (and that ECC has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which ECC may suffer) by doing so. 9. Proprietary rights 9.1 You acknowledge and agree that ECC (or ECC's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by ECC and that you shall not disclose such information without ECC's prior written consent. 9.2 Unless you have agreed otherwise in writing with ECC, nothing in the Terms gives you a right to use any of ECC's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. 9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement signed by ECC, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and ECC's brand feature use guidelines as updated from time to time. 9.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. 9.5 Unless you have been expressly authorized to do so in writing by ECC, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. 9.6 All of the terms of this Section and your agreements made in this Section 9 shall remain in force indefinitely or to a maximum period provided by law and shall not cease upon the expiration or termination of this agreement as provided for in Section 13 below. 10. License from ECC 10.1 ECC gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by ECC as part of the Services as provided to you by ECC (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ECC, in the manner permitted by the Terms. 10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by ECC, in writing. 10.3 Unless ECC has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. 10.4 The license granted to you by ECC is not an exclusive license and ECC retains the right to grant other licenses for its Services. ECC may terminate its license with you at any time in its sole discretion and without notice. 10.5 All of the terms of this Section and your agreements made in this Section 10 shall remain in force indefinitely or to a maximum period provided by law and shall not cease upon the expiration or termination of this agreement as provided for in Section 13 below. 11. Content license from you 11.1 You agree that ECC may share, display and/or post the results of your use of the Services and grant to ECC the right and non-cancellable license to make such Content available to other companies, organizations or individuals with whom ECC has relationships or to use as a part of ECC's marketing and promotional materials or efforts. The grant of this license to ECC shall remain in full force and effect following the expiration of our agreement or its termination. 11.4 You confirm and warrant to ECC that you have all the rights, power and authority necessary to grant the above license. 12. Indemnification. 12.1 You will defend, indemnify and hold harmless ECC from any claims, causes of action, liabilities, damages, costs and expenses, including reasonable attorneys' fees and costs of suits (all of the foregoing "claims") arising from or relating to your breach of this agreement. You agree that lawyers selected by you to represent ECC to handle said defense shall be satisfactory to ECC and the representation shall not result in a conflict of interest and you shall not settle such claims without the consent of ECC. ECC shall be allowed to participate in the defense of such claims at your expense. This section 12 shall expressly survive the expiration of termination of this agreement as provided for in Section 13 below. 13. Ending your relationship with ECC 13.1 The Terms will continue to apply until terminated by either you or ECC as set out below. 13.2 Upon the expiration of a specified contractual period in a separate written agreement. 13.3 ECC may at any time, terminate its legal agreement with you if: (A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (B) ECC is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (C) the partner with whom ECC offered the Services to you has terminated its relationship with ECC or ceased to offer the Services to you; or (D) ECC is transitioning to no longer providing the Services to users in the location in which you are resident or from which you use the service; or (E) the provision of the Services to you by ECC is, in ECC's opinion, no longer commercially viable. 13.4 Nothing in this Section shall affect ECC's rights regarding provision of Services under Section 4 of the Terms. 13.5 Upon the termination or expiration of this agreement, you are required to return to ECC within five (5) business days any and all materials that were provided to you by ECC including but not limited to any software, hardware, technical devices of any kind and operating instructions and manuals. All items of hardware and other technical or mechanical devices must be returned in good condition, reasonable wear and tear excepted. Failure to return any item of hardware or other technical or mechanical devices as required and in the condition required shall result in damages to ECC. You agree that for each such instance of damage under this Section, that you shall immediately pay to ECC the sum of $25,000 for each such instance. This provision shall expressly survive the expiration or termination of this agreement. 13.6 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and ECC have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely. 14. EXCLUSION OF WARRANTIES 14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT ECC'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." 14.3 IN PARTICULAR, ECC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. 14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ECC OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. 14.6 ECC FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 14.7 All of the terms of this Section and your agreements made in this Section 14 shall remain in force indefinitely or to a maximum period provided by law and shall not cease upon the expiration or termination of this agreement as provided for in Section 13 above.. 15. LIMITATION OF LIABILITY 15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ECC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) ANY CHANGES WHICH GOOGLE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (III) YOUR FAILURE TO PROVIDE ECC WITH ACCURATE ACCOUNT INFORMATION; (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; 15.2 THE LIMITATIONS ON ECC'S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT ECC HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. 15.3 All of the terms of this Section and your agreements made in this Section 15 shall remain in force indefinitely or to a maximum period provided by law and shall not cease upon the expiration or termination of this agreement as provided for in Section 13 above.. 16.Confidentiality of Proprietary Information 16.1 For purposes of this agreement, the term "Proprietary Information" means all information provided to you by ECC in connection with the Services, whether oral or written and regardless of the manner in which it is furnished or obtained. The term "Proprietary Information" includes but is not limited to information regarding ECC's business operations, internal structure, financial affairs, programs, applications, software and hardware systems and devices, procedures, manuals, reports, sales marketing methods, information with respect to future business and other developments, plans for future business and markets, data processing programs, invoicing programs and methods, other matters of a technical nature, names or addresses of ECC's customers. 16.2 You agree to take such steps as may be reasonably necessary to prevent the disclosure of ECC's Proprietary Information to others. 16.3 You will not use ECC's Proprietary Information for purposes other than explicitly permitted in this agreement and will not disseminate such information and shall only disclose such information to those persons, including employees, officers or agents, that require access to the Proprietary Information in connection with your use of the Services. However, prior to disclosing any of the Proprietary Information, you agree to advise each of the persons that such persons are strictly prohibited from making any use of or otherwise disclosing to others to use for their benefit or to the detriment of ECC any Proprietary Information. You agree to be responsible for any violation of the use of the Proprietary Information by any party that you disclosed such information to or that acquired such information due to your negligence. 16.4 All of the terms of this Section and your agreements made in this Section 16 shall remain in force indefinitely or to a maximum period provided by law and shall not cease upon the expiration or termination of this agreement as provided for in Section 13 above.. 17. Advertisements 17.1 Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. 17.2 The manner, mode and extent of advertising by ECC on the Services are subject to change without specific notice to you. 17.3 In consideration for ECC granting you access to and use of the Services, you agree that ECC may place such advertising on the Services. 18. Other content 18.1 The Services may include hyperlinks to other web sites or content or resources. ECC may have no control over any web sites or resources which are provided by companies or persons other than ECC. 18.2 You acknowledge and agree that ECC is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. 18.3 You acknowledge and agree that ECC is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. 19. Changes to the Terms 19.1 ECC may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, ECC will make a new copy of the Universal Terms available at its web site and any new Additional Terms will be made available to you from within, or through, the affected Services. 19.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, ECC will treat your use as acceptance of the updated Universal Terms or Additional Terms. 20. Remedies. 20.1 You acknowledge that (i) the provisions of the agreement are fundamental and essential for the protection of ECC's legitimate business and proprietary interests; (ii) such provisions are reasonable and appropriate in all respects; and (iii) in the event of any violation by you of any such provisions, ECC could suffer irreparable harm and its remedies at law may be inadequate. Without prejudice to the rights and remedies otherwise available, ECC shall be entitled to seek equitable relief by way of injunction and/or specific performance if you breach or threaten to breach any of the provisions of this agreement. The rights and remedies provided by this agreement are cumulative and the use of any one right or remedy by ECC shall not preclude or waive its right to use any or all other remedies. Such rights and remedies are given in addition to any other rights ECC may have by law, statute, ordinance or otherwise. No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof of the exercise of any right, power or privilege hereunder. Should litigation be necessary to enforce any provision hereof, the prevailing party to such litigation shall be entitled to seek and recover the costs of such action from the non-prevailing party, including reasonable attorneys' fees. This provision shall expressly survive the expiration or termination of this agreement. 21. General legal terms 21.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals. 21.2 The Terms constitute the whole legal agreement between you and ECC and govern your use of the Services (but excluding any services which ECC may provide to you under a separate written agreement), and completely replace any prior agreements between you and ECC in relation to the Services. 21.3 You agree that ECC may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. 21.4 You agree that if ECC does not exercise or enforce any legal right or remedy which is contained in the Terms (or which ECC has the benefit of under any applicable law), this will not be taken to be a formal waiver of ECC's rights and that those rights or remedies will still be available to ECC and such rights shall expressly survive the expiration or termination of this agreement.. 21.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. 21.6 You acknowledge and agree that each member of the group of companies of which ECC is the parent and ECC's successors or assigns shall be third party beneficiaries to the Terms and that such other companies or successors or assigns shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms. 21.7 The Terms, and your relationship with ECC under the Terms, shall be governed by the laws of the State of Virginia without regard to its conflict of laws provisions. You and ECC agree to submit to the exclusive jurisdiction of the courts located within the City of Richmond, Virginia to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that ECC shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
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