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Member Agreement

Welcome to Blacksea Technologies. We're certainly happy that you decided to become a Blacksea Technologies Member! This Member Agreement (this "Agreement") explains the terms and conditions governing your use of Blacksea Technologies and the services, technology, and other content made available to you by Blacksea Technologies or its partners. Please read this Agreement carefully. If you agree to be bound by and subject to the terms and conditions contained herein, please click on the "Yes, I Agree". On the other hand, if you do not agree to be bound by and subject to each and every term and condition contained herein, you must click on the "No, I do not Agree". Notwithstanding the foregoing, your use of the "Services" (as defined below) shall be deemed your consent to be bound by this Agreement. 

Services
As a Member of Blacksea Technologies ("Member") you will have access to the tools, services, information and technology currently being made available to Members of Blacksea Technologies (collectively, the "Services"). Members may use the Services to build and manage their own Blacksea Technologies website (each, a "Member Site"). You understand and agree that Blacksea Technologies may, at its discretion, add, delete or modify any of its Services at any time with notice or without, in Blacksea Technologies' sole discretion. For a complete description of the Blacksea Technologies Services please click here.

Refund Policy

a. IF YOU CANCEL YOUR MEMBERSHIP WITH Blacksea Technologies PRIOR TO THE END OF THE THIRD (3rd) BUSINESS DAY FOLLOWING THE EARLIER TO OCCUR OF YOUR AGREEMENT TO ACCEPT THESE TERMS AND YOUR PAYMENT OF THE SETUP FEE, YOU WILL BE ELIGIBLE FOR A FULL REFUND. ALL CANCELLATION NOTICES MUST BE IN WRITING, SIGNED BY YOU AND RECEIVED BY Blacksea Technologies BY NO LATER THAN THE END OF THE THIRD (3rd) BUSINESS DAY FOLLOWING THE EARLIER TO OCCUR OF YOUR AGREEMENT TO ACCEPT THESE TERMS AND YOUR PAYMENT OF THE SETUP FEE. ANY CANCELLATION NOTICE MUST BE DELIVERED IN PERSON, BY FACSIMILE OR SENT BY OVERNIGHT DELIVERY TO: 

Blacksea Technologies
85-53050 Range Road 214
Ardrossan, Alberta, T8E 2E2
Fax: (780) 922-6702

b. IF YOU CANCEL YOUR MEMBERSHIP WITH Blacksea Technologies AFTER THE END OF THE THIRD (3rd) BUSINESS DAY FOLLOWING THE EARLIER TO OCCUR OF YOUR AGREEMENT TO ACCEPT THESE TERMS AND YOUR PAYMENT OF THE SETUP FEE, NO REFUNDS WILL BE ISSUED AND YOU WILL REMAIN LIABLE FOR ANY MONTHLY HOSTING FEES DUE FOR THE REMAINDER OF THE CALENDAR MONTH IN WHICH YOUR TERMINATION NOTICE WAS RECEIVED. YOU MAY ALSO BE LIABLE FOR EARLY TERMINATION FEES, TRANSFER FEES AND/OR CANCELLATION FEES.

Restrictions and Description of Prohibited Acts.

a. As a Member of Blacksea Technologies you agree to not use the Services (including, without limitation, the selection of the name of your Member Site or the content or links you make available from your Member Site) to: 

i. Display any sexually explicit material or material containing pornography or nudity of any kind; 
ii. Post offensive material including expressions of bigotry, hatred, prejudice, racism,
or excessive profanity or post any obscene, lewd, lascivious, violent, harassing or
any other objectionable content;
iii. Offer any gambling, sweepstakes, casino or other betting or wagering activity; 
iv. Sell or promote any illegal products or services; 
v. Sell or promote any products or services that Blacksea Technologies determines
would compete with the products and services that Blacksea Technologies sells or
promotes; 
vi. Sell or attempt to sell/re-sell any of Blacksea Technologies' products or services
without Blacksea Technologies' prior written consent; 
vii. Introduce viruses, worms, harmful or dangerous codes on the Internet; 
viii. Infringe in any way or violate any copyright, patent, trademark, service mark,
trade dress, trade name, trade secret or other intellectual property right of any
third party; 
ix. Promote, solicit or participate in pyramid or ponzi schemes; 
x. Post any content that could have an adverse affect on Blacksea Technologies'
reputation; 
xi. Post any content that condones, promotes or encourages violence against
governments, organizations, third parties, individuals or animals; or 
xii. Post information that provides instruction, information or assistance in causing or
carrying out violence or unlawful activity. 

b. You agree that without the consent of Blacksea Technologies, you will not provide, sell or offer to sell the following products, services or content on your Member Site: pharmaceutical or any other controlled substances or illegal drugs; illegal drug contraband; alcohol; fire arms; weapons; pirated computer programs; pornography or illicitly pornographic sexual products; illegal goods; escort or other adult services; instructions on how to assemble or make bombs, grenades or other weapons; or information used to circumvent manufacturer-installed copy-protect devices. 

c. You may not use the Services or Member Site in connection with any high-risk activities where damage or injury to persons, property, environment or business may result if an error occurs. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE. 

d. You agree that you will never conduct the following types of activities on the Member Site: gambling, sweepstakes, pyramid or Ponzi schemes, and/or unsolicited or mass commercial e-mail distributions (including, without limitation, spam, junk e-mail, and e-mail used for general solicitations or advertising).

e. You agree that you will not (and you will not allow any third party to) participate in the following actions: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of the Blacksea Technologies technology; individual pass wording of Member Sites (or pages contained therein); deleting or altering author attributes or copyright notices, unless expressly permitted in writing by the author or owner; and/or fail to obtain all required permissions when using the Blacksea Technologies Services or technology to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws.

Payment Terms

a. All fees and charges are billed in advance and shall be paid in advance of the Services provided. In connection with your Membership with Blacksea Technologies, you agree to provide Blacksea Technologies with your credit card, ACH or other automated payment information acceptable to Blacksea Technologies (the "Payment Method") so that Blacksea Technologies may automatically collect from you any and all fees and charges due.. In the event you choose to use a credit card for your Payment Method, if Blacksea Technologies does not receive payment from the card issuer or if there is any charge back of fees or costs previously charged, you agree to pay Blacksea Technologies all amounts due hereunder along with a forty dollar ($40) penalty. Blacksea Technologies may take commercially reasonable actions to validate your credit card or other Payment Method.

b. You agree to notify Blacksea Technologies immediately if you suspect unauthorized use of the Blacksea Technologies Services, your payment information or your password. Under the fair Credit Billing Act, your credit card provider cannot hold you liable for more than $50.00 of fraudulent charges. In the event of an unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

c. You agree to pay any applicable taxes, including personal property taxes, income taxes or sales taxes, resulting from your use of the Blacksea Technologies Services.

d. In the event there is a dispute between you and Blacksea Technologies relating to this Agreement or the use by you of the Blacksea Technologies Services, you agree to pay all attorneys' fees, charges and disbursements incurred by Blacksea Technologies in connection therewith.

e. Changes to the Terms and Conditions Blacksea Technologies may at any time change the available Services (and the fees and costs for same) and the terms of this Agreement. Except for the addition of new tools and services, Blacksea Technologies will give reasonable notice (by either e-mail or a posting to the Blacksea Technologies Business Control Panel SM) before any material modification of the current Services. Blacksea Technologies may, in its discretion, supplement such notice by sending you an e-mail, snail mail or by posting the notice on the Blacksea Technologies Business Control Panel.

f. Advertising Accordingly, Blacksea Technologies reserves the right to serve ads as it deems appropriate on your Member Site (unless you have agreed to pay for an advertising free site), and on any other portions of the Blacksea Technologies website, including, without limitation, the Blacksea Technologies Business Control Panel SM.

g. Rights of Blacksea Technologies Member Site Changes. Blacksea Technologies has the right (but not the obligation) to make changes to your Member Site upon your request. Fees may be charged for such services. If your Member Site does not comply with the terms and conditions of this Agreement, Blacksea Technologies reserves the right to edit, modify and/or change your Member Site after reasonable advance notice to you. You agree not to hold Blacksea Technologies liable or responsible for any foreseeable, unforeseeable, direct, or indirect costs, damages, consequences or liabilities that may result from changes made by Blacksea Technologies your Member Site as contemplated herein.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Blacksea Technologies RESERVES THE RIGHT TO DISCONTINUE ANY MEMBER SITE OR ANY ASPECTS OF THE Blacksea Technologies SERVICES IMMEDIATELY (AND WITHOUT NOTICE OR REFUND) FOR ANY NON-COMPLIANCE OR BREACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

h. Information About You and Your Business READ THIS CAREFULLY. You agree that Blacksea Technologies may distribute your products, services and other information available on your Member Site to search engines and various other comparative shopping and search services partners, and that Blacksea Technologies may create a database of available information about you or your business for our partners, customers and affiliates. In no event will Blacksea Technologies disclose your payment information.

i. Term/Termination

a. Term. The term of this Agreement (the "Term") shall be effective when you click the "I agree" button or otherwise begin using the Services and shall continue until such time as this Agreement is terminated under this Section 9. 
b. Termination by Blacksea Technologies 

i. Blacksea Technologies may at any time without notice to you discontinue any or all aspects of the Blacksea Technologies Services or your Member Site or restrict your use of the Blacksea Technologies Services in whole or in part (1) for any breach or non-compliance of this Agreement by you or any of your agents, employees or affiliates, (2) if, in Blacksea Technologies' sole and exclusive judgment, such discontinuance or restriction is necessary for security reasons or for proper continued operation of the Blacksea Technologies Services, (3) if your use of Blacksea Technologies Services is for illegitimate business purposes and/or your use of the Blacksea Technologies Service may violate any law or regulation, or (4) if Blacksea Technologies receives information that the Blacksea Technologies Services or your use of the Blacksea Technologies Services (or any part thereof) may violate any third party rights.

ii. Blacksea Technologies may at any time, modify or discontinue any or all aspects of the Blacksea Technologies Services or restrict your use of the Blacksea Technologies Service in whole or in part for any reason or no reason. 

iii. Blacksea Technologies may at any time, modify or discontinue any or all aspects of the Blacksea Technologies Service if the Payment Method you provided Blacksea Technologies ceases to cause Blacksea Technologies to be timely paid hereunder, or if you otherwise fail to make payments due to Blacksea Technologies.

iv. Upon termination of this Agreement by Blacksea Technologies, all rights granted to you under this Agreement shall terminate immediately. If Blacksea Technologies terminates this Agreement or suspends your access to the Blacksea Technologies Services, you will remain liable for any and all fees due. Except as provided in Section 2 above, NO REFUNDS WILL BE ISSUED. You will also be liable for any applicable termination fees due for early termination. Following such termination or suspension, you agree not to re-register for, or otherwise access, the Blacksea Technologies Services without Blacksea Technologies' prior written approval. Blacksea Technologies reserves the right to delete any data files (or other information stored by you on the Blacksea Technologies server) associated with your use of the Blacksea Technologies Service upon termination of this Agreement without notice or warning.

c. Termination by You. You may terminate this Agreement immediately for any reason at any time by sending a written cancellation notice as described in Section 2 above; provided, however, NO REFUNDS WILL BE ISSUED unless you have properly delivered your cancellation notice to Blacksea Technologies by the end of the third (3rd) business day following the earlier to occur of your agreement to accept the terms hereof, and your payment of the setup fee as provided in Section 2(a) above.

Proprietary Rights
As between the parties, Blacksea Technologies acknowledges that it claims no ownership rights in the content or other intellectual property provided by Member. As between the parties, you acknowledge and agree that Blacksea Technologies and its licensors own all right, title, and interest in:

a. the Blacksea Technologies Services;

b. the website address (domain name) used by you for your Member Site, provided, however, that upon cancellation of your service and payment of the transfer fee (and any other applicable and outstanding fees) Blacksea will transfer ownership of such domain name to you;

c. the technology available as part of the Blacksea Technologies Services; 

d. and, except for content supplied by you for use on your Member Site, all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained or maintained within the Blacksea Technologies Services (collectively, the "Blacksea Technologies Content"). In addition, you agree that the Blacksea Technologies Content available on the Blacksea Technologies website is protected by Canada and international copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, you are only permitted to use the Blacksea Technologies Content and Services pursuant to the terms of this Agreement. Such permission is non-exclusive and revocable. You also understand and agree that the compilation, collection, selection, arrangement, assembly, and co ordination of all Blacksea Technologies Content is the exclusive property of Blacksea Technologies and its licensors and protected by Canada and international copyright laws. You agree that, except as expressly authorized by Blacksea Technologies, you may only use all the Blacksea Technologies Content and Services for your business. 

Reporting Violations
Blacksea Technologies does not actively monitor the content of Member Sites, but will investigate complaints of a violation of a third party rights. Violations and/or infringement of third party rights (including copyright and other intellectual property rights) will be dealt with in accordance with applicable law by Blacksea Technologies. 

Indemnification
You agree to indemnify Blacksea Technologies and hold Blacksea technologies harmless from and against any and all loss, cost, damage, liability and expense, including reasonable attorneys' fees, charges and disbursements, relating to or arising from: 

a. your use of the Blacksea Technologies Services in a way that is prohibited or restricted under this Agreement; 

b. infringement of any copyright, trademark, intellectual property or other right or patent by any material you post or your use of the Blacksea Technologies Services (including your Member Site);

c. your negligence or willful misconduct; 

d. any breach by you of the terms of this Agreement;

e. any non-compliance by you of any applicable laws; and/or 

f. any indecent, obscene, misleading, false or libelous material posted on your Member Site.

Trademarks and Service marks
The names and phrases "Blacksea Technologies", "Growing Your Small Business Online", "Business Control Panel", "Internet Solutions for Small Businesses" and any other graphics, logos, designs and service names used by Blacksea Technologies (collectively, the "Blacksea Technologies Trademarks") are the property and trademarks of Blacksea Technologies. You agree not to use the Blacksea Technologies Trademarks in connection with your products or services or any third party products or services or in any manner that disparages or discredits Blacksea Technologies. All other brands and names (including third party product names) used on the Blacksea Technologies Service are the property of their respective owners.

Limitation on Liability

a. YOU ARE SOLELY RESPONSIBLE FOR THE PROPER CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL. REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL Blacksea Technologies, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, SHAREHOLDERS, OFFICERS, DIRECTORS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE Blacksea Technologies SERVICES (COLLECTIVELY, THE "Blacksea Technologies AFFILIATES"), BE LIABLE TO YOU OR YOUR AGENTS, EMPLOYEES OR AFFILIATES IN ANY MANNER WHATSOEVER:
(1) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE Blacksea Technologies SERVICES; (II) FOR LOSS OR INACCURACY OF DATA OR, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (III) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS, EVEN IF Blacksea Technologies HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

b. THE AGGREGATE LIABILITY OF Blacksea Technologies AND THE Blacksea Technologies AFFILIATES, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO Blacksea Technologies DURING THE TERM OF THIS AGREEMENT FOR ANY Blacksea Technologies SERVICE OR TECHNOLOGY. 

c. Blacksea Technologies WILL USE ITS BEST EFFORTS, IN ITS DISCRETION, TO PROVIDE HIGH QUALITY SERVICES. HOWEVER, YOU AGREE THAT Blacksea Technologies IS NOT, AND WILL NOT BE RESPONSIBLE FOR INTERRUPTIONS OR DISCONTINUANCES OF Blacksea Technologies SERVICES (COLLECTIVELY "SERVICE OUTAGES") OR DATA LOSS (INCLUDING LOST TRANSACTIONS), OR DAMAGE TO YOUR SYSTEM CAUSED BY FACTORS BEYOND Blacksea Technologies' CONTROL, INCLUDING, BUT NOT LIMITED TO, EQUIPMENT FAILURE (INCLUDING SOFTWARE BUGS), UTILITY OUTAGES, DELAYS, STRIKES, MALICIOUS PROGRAMS (I.E., PROGRAMS COMMONLY KNOWN AS "VIRUSES," "TROJAN HORSES," OR "WORMS") OR ACTS OF GOD. NOR WILL Blacksea Technologies BE RESPONSIBLE FOR ANY SERVICE OUTAGES OR DATA LOSS (INCLUDING LOST TRANSACTIONS), OR DAMAGE TO YOUR SYSTEM RESULTING FROM SYSTEM MAINTENANCE AND UPGRADES, OR FROM NEGLIGENCE. YOU AGREE THAT YOU ARE RESPONSIBLE FOR SAFEGUARDING YOUR DATA, INCLUDING MAINTAINING BACKUP DATA SETS. 

d. Blacksea Technologies DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY REPRESENTATIONS, STATEMENTS OR WARRANTIES MADE BY OR ON BEHALF OF Blacksea Technologies 

e. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 

f. THIS SECTION APPLIES TO ALL CLAIMS BY YOU IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING YOUR CLAIM, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT (EVEN IF IN THE NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL TERM OR A FUNDAMENTAL BREACH), OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, MISREPRESENTATION AND/OR OTHERWISE. 

Warranties/Disclaimers 

a. Blacksea Technologies warrants that, if Blacksea Technologies is in default under the terms of this Agreement and Blacksea Technologies does not cure such default after reasonable advanced written notice from you, then, upon notice from you we will terminate this Agreement, and upon your request, refund any unused portion of any fees you have prepaid, if applicable, less any balances otherwise due to Blacksea Technologies. The aforementioned refund shall be your sole and exclusive remedy for any breach of the above warranty.

b. THE Blacksea Technologies SERVICES PROVIDED UNDER THIS AGREEMENT ARE MADE AVAILABLE ON AN "AS IS" BASIS WITH NO WARRANTY, EXPRESS OR IMPLIED, AS TO SUCH SERVICES' PERFORMANCE, FUNCTIONALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

c. THE OPINIONS AND VIEWS EXPRESSED IN ANY MEMBER SITE DO NOT REFLECT THOSE OF Blacksea Technologies AND Blacksea Technologies DOES NOT REVIEW, VERIFY, ENDORSE OR OTHERWISE VOUCH FOR THE CONTENT OF ANY MEMBER SITES. Blacksea Technologies IS NOT RESPONSIBLE FOR THE CONTENT OF ANY MEMBER PAGE. MEMBERS ARE SOLELY RESPONSIBLE FOR EVERYTHING CONTAINED IN THEIR OWN MEMBER SITE. MEMBERS MAY BE HELD LEGALLY LIABLE FOR THE CONTENTS OF THEIR MEMBER SITES AND MAY BE HELD LEGALLY ACCOUNTABLE IF THEIR MEMBER SITE INCLUDES, FOR EXAMPLE, ANY DEFAMATORY COMMENTS OR MATERIAL PROTECTED BY COPYRIGHT, TRADEMARK, PATENT OR TRADE SECRET OR OTHER LAWS, WITHOUT THE EXPRESS PERMISSION OF THE AUTHOR OR OWNER. 

d. Blacksea Technologies IS NOT RESPONSIBLE FOR THE DELIVERY OR QUALITY OF ANY GOODS OR SERVICES SOLD OR ADVERTISED THROUGH A MEMBER SITE OR THROUGH ANY Blacksea Technologies AFFILIATES PROGRAM. 

e. Blacksea Technologies DOES NOT GUARANTEE THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR INFORMATION. Blacksea Technologies AND ITS LICENSORS ARE NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER INTEREXCHANGE CARRIERS', LOCAL EXCHANGE CARRIERS', OR OTHER PROVIDERS' FACILITIES. 

f. THE DOCUMENTS AND GRAPHICS APPEARING ON THE Blacksea Technologies SERVICE MAY INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, AND OUT OF DATE INFORMATION, THEREFORE YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE OF THE Blacksea Technologies SERVICE. 

g. Blacksea Technologies MAY PROVIDE LINKS TO OTHER WEBSITES OR RESOURCES. YOU ACKNOWLEDGE AND AGREE THAT Blacksea Technologies IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU ALSO AGREE THAT Blacksea Technologies SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON SUCH EXTERNAL THIRD PARTY SITES.

Miscellaneous 

a. This Agreement shall be governed by and construed in accordance with Canadian Federal and Alberta laws, excluding any applicable conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this Agreement. You agree to submit to the exclusive jurisdiction of the Federal and Provincial courts of the Province of Alberta that are located in Edmonton, Alberta. If local laws prohibit your participation in any part of the Blacksea Technologies Services, or use of them, then you are responsible for complying with such laws, and the terms of this Agreement. 

b. Any and all disputes between you and Blacksea Technologies will be settled by binding arbitration in Edmonton, Alberta in accordance with the regulations of the Canadian Arbitration Association then in force, and you agree that all negotiations, discussions, and settlements shall be subject to obligations of confidentiality and shall not be disclosed to any third party. 

c. If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. 

d. Blacksea Technologies may broadcast notices or messages using e-mail to inform you of changes to this Agreement, the Blacksea Technologies Service, or other matters of importance; such broadcasts shall constitute notice to you. All notices to Blacksea Technologies from you must be made in writing and addressed to Blacksea Technologies, 85-53050 Range Road 214, and Ardrossan, Alberta, T8E 2E2.

e. Blacksea Technologies' failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Blacksea Technologies in writing.

f. This Agreement comprises the entire agreement between you and Blacksea Technologies and supersedes all prior agreements between the parties regarding the subject matter contained herein. 

g. Your Membership in the Blacksea Technologies and use of the Services, and any of your rights hereunder may not assign or transferred to any third party. Blacksea Technologies reserves the right to assign this Agreement to any third party or affiliate at any time

h. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. 

i. You represent and warrant that you are over the age of 18 years, have read this Agreement, and agree to be bound by its terms and conditions.

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