5.5 General. The parties are independent contractors and this Agreement shall not be construed in such a way as to imply that one of the parties is the agent or partner of the other. Member may not assign this agreement (by law or otherwise) without Adobe`s prior written consent, and any prohibited assignment is null and void. Adobe may, in its discretion, assign or reformulate this agreement without the prior written consent of the member. This Agreement shall be binding on and benefit from all entitled persons or entitled persons. No changes are valid or binding unless they are in writing. This Agreement (including the Program Manual, applicable Terms of Use, and any online exposures or notification information, if any) constitutes the entire agreement between the Parties on the subject matter of this Agreement. If any provision of this Agreement is held to be unenforceable, the remainder of the Agreement shall remain in full force and effect. The 22nd Century V.I.P program includes a one-time tier configuration fee based on the tier. To be considered a V.I.P., it is necessary to acquire a level to have access to V.I.P functions and at a discount. A SUBSCRIPTION IS NO LONGER AVAILABLE.
After consultation, customers will be included in the V.I.P newsletter in order to get updates on news, orders and discounts. Customers who apply again must register and pay the installation fee. The steps of V.I. P are as follows and can be viewed below: Thank you for revising this plan and the settlement agreement (“Terms” or “Agreement”) of the 22nd Century V.I.P program (the “Program”). This agreement exists between you and Moorket (“Moorket”). They govern our respective rights and obligations. This agreement contains by reference moorket`s terms of use, website disclaimer and privacy policy, as well as all other applicable conditions, restrictions and requirements. This agreement, together with the billing plan, represents all promotional offers made available to you for use with the Program and represents the entire agreement between you and Moorket regarding this Program. By registering and continuing to use the program, you agree to the billing plan and agree to the terms, restrictions, and requirements. We may modify the plan and/or agreement or terminate the V.I.P. program.
If we make material changes or terminate the program, we will notify you by email and/or post the new terms under www.moorket.com. 2.2 Console. The user interface for managing the program is the Administration console. Once the terms of this Agreement are accepted, the person accepted on behalf of the organization is assigned as the contract holder. The contract holder can add system administrator(s) (one administrator) each. The contract holder and each administrator will have access to the Admin Console, where they will be able to access the product, manage their subscriptions, and view their account information. The Admin Console allows the administrator to invite other users within their organization to access the Admin Console. The member authorizes any director or contract holder to act on behalf of the member.
Given your participation in the Program, with the exception of intellectual property claims, you agree that if you have a dispute with Moorket regarding the V.I.P Program, you will attempt to resolve the dispute by negotiating with MOORKET INC. 100,000 00 If an agreement cannot be reached through negotiation, agree to seek an individual solution only by a court of competent jurisdiction in the State of Illinois. You agree that all disputes regarding the Program shall be subject to the substantive laws of the State of Illinois, without regard to conflict of laws rules….