TERMS OF SERVICE
Effective Date: March 20, 2023
Please read these Terms of Service (“Terms”) carefully. These Terms are a binding electronic contract between you and Configure, Inc (“Configure”, “we”, “us” or “our”). These Terms govern your access to and use of any Configure websites and online Sites (collectively, “Sites”), the services accessible through such Sites (“Services”), as well as any electronic account that you may elect to register via such Sites (“Account”).
The Services allow suppliers, distributors, and manufacturers (collectively, “Suppliers”) as well as contractors and designers (collectively, “Contractors”) to connect with each other for matters relating to industrialized construction products and project needs. These Terms apply to your access and use of the Configure Sites, Services, and Account regardless of whether you are a Supplier or a Contractor.
CONFIGURE PROVIDES ACCESS TO THE SITES, SERVICES AND USE OF ANY ACCOUNT, SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH THESE TERMS. BY USING ANY SITE OR SERVICE OR REGISTERING FOR AN ACCOUNT YOU REPRESENT AND WARRANT THAT: (I) YOU ARE 18 YEARS OF AGE OR OLDER; AND (II) IF YOU ARE A CORPORATION OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF SUCH LEGAL ENTITY AND BIND IT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CREATE AN ACCOUNT, USE THE SITES, OR ACCESS THE SERVICES.
ARBITRATION NOTICE: THESE TERMS CONTAIN A PROVISION REQUIRING YOU TO RESOLVE DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND CONFIGURE WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. THIS ARBITRATION PROVISION LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
a. We may, at our sole discretion, revise these Terms from time to time. The most current version of these Terms will be made available to you within the Sites. If we make material changes to these Terms, we will notify you via email, through your Account or on the Sites by posting a conspicuous notice prior to the effective date of the changes. By continuing to access or use the Sites, Services, or Account after those changes become effective, you agree to be bound by the revised Terms. Depending on the nature of such changes, you may be required to opt-in to the revised Terms to continue to access the Services or your Account. If you do not agree to the revised Terms, you may cease use of the Sites, the Services, and otherwise terminate your Account as set forth below.
b. The material and content on the Site and available through the Services may change at any time as much of the material and content on the Site and Services is “Content” as defined below, and provided to Configure from one or more third parties, which may include Suppliers with Accounts. As a Contractor, the Content that may be displayed to you through the Site and Services may be dependent on whether or not Configure has data from Suppliers authorized to distribute products for your project within your area.
2. Privacy Notice. We may collect certain information about you and your use of the Sites and your use of your Account as described in our Privacy Notice. You acknowledge and agree that Configure may collect, use, share and process personal information collected from the Sites and your Account as set forth in the Privacy Notice.
3. Accounts. To access certain Services offered through the Sites, you will be required to create an Account. You are solely responsible for ensuring any data or information you provide Configure in the creation of the Account or while using your Account is accurate and that you have the legal right to provide such information to Configure. If you are a Supplier, you must disclose to Configure the jurisdiction for which you are authorized to distribute and market the products included in the Content you upload to Configure. You must keep all Account information current, including if you as a Supplier lose all or part of your distribution territory. You are fully responsible for all uses of your Account and for all users that you permit to access your Account or who access your Account or the Services using your password and username. You agree to: (a) keep your password confidential and not share it with anyone else, and (b) immediately notify Configure of any unauthorized use of your password or Account of which you become aware. You acknowledge and agree that Configure is authorized to act on instructions received through your Account, including any orders, inquiries, or other communications. We may, in our discretion, deny, access or block any transaction made through your Account without prior notice, if we believe the security of your Account, password or user name or account has been compromised.
4. Use Restrictions. In addition to the other restrictions outlined in these Terms, you agree that you will not (and you will not permit, assist, encourage, or enable anyone to) use your Account and/or Sites in order to:
- Use the Sites for any purpose that is illegal, unauthorized, beyond the scope of its intended use, or engage in, encourage, promote, advocate, or assist any third party in any activity that violates these Terms or is otherwise prohibited in these Terms;
- Interfere with or disrupt servers or networks used by Configure to provide the Sites or Services or used by other users to access the Sites, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user’s full use and enjoyment of the Sites;
- Intercept, examine, monitor, or otherwise observe any communications protocol used by a device, a client or a server communicating with the Sites, whether through the use of a network analyzer, packet sniffer or other device or software;
- Use any robot, bot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Sites or to extract data from your Account or the Services;
- Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Sites or Services or circumvent measures employed to prevent or limit access to any area, Content, or source code of the Sites;
- Use or attempt to use another user’s account without authorization or otherwise impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, such as representing yourself as a distributor or reseller for an entity that you are not authorized to represent;
- Attempt to compromise any security measures or circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Sites or Services that you are not authorized to access;
- Attempt to represent in any manner that you have a relationship of any kind with us or that we have endorsed you or any products or Services without our express written consent to do so;
- Submit material via the Sites or your Account that is unlawful or otherwise infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
- Introduce any software, data, or equipment that has an adverse impact on the Site or any of the Services available through the Site;
- Reproduce, duplicate, copy, buy, sell, trade, resell or exploit for any commercial purpose any portion of the Sites or Services, including your Account or Content; and
- Develop any third-party applications that interact with the Sites or Content without prior written consent from Configure.
5. Content. You are solely responsible for any data, text, files, information, images, graphics, photos, links and other content or materials that you submit, upload, distribute, use or otherwise make available via the Sites or Services (collectively, “Content”) and ensuring the accuracy of the same. You are responsible for compliance of User Content with any applicable laws or regulations. Configure does not claim ownership of User Content. Except for the license rights contained herein, as between you and Configure, you retain ownership of any intellectual property rights that you hold in User Content. You affirm, represent, and warrant to you own or have the rights, licenses, permissions, and consents necessary to publish, license, and distribute the User Content via our Sites.
We may, but have no obligation to, remove, edit, block, and monitor User Content or Accounts containing User Content that we determine, in our sole discretion, violates these Terms. You understand and agree that Configure cannot and will not be responsible for the User Content submitted to the Sites and you use the Services at your own risk. By accessing or using the Sites you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Sites.
6. Configure Materials. Unless otherwise stated and except for your User Content, then as between you and Configure, the Sites, including text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Configure Materials”) are exclusively the property of Configure or, as applicable, its vendors or licensors. Except for the rights expressly granted to you in these Terms, Configure reserves all rights in and to the Sites, Services, and Configure Materials, including all intellectual property rights therein. Configure may change the Configure Materials on the Sites, and the Services available through the Sites, at any time.
Subject to your compliance with these Terms, Configure grants you a limited, nonexclusive, non-sub-licensable license to access and use the Configure Materials. This license is revocable at any time as further contemplated by these Terms. You may not:
- distribute, publicly perform or publicly display any Configure Materials;
- modify or make any derivative uses of the Sites or Configure Materials, or any portion of them;
- Download any portion of the Sites, Configure Materials, or any information contained therein, except as expressly permitted by the Sites;
- copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Configure Materials or the Sites, or any related software, except as expressly stated in these Terms or expressly permitted by the Sites; or
- use Configure Materials in any manner except as necessary to use the Sites as provided by Configure.
7. DMCA Copyright Notice Configure respects the rights of intellectual property owners, and asks that its users do the same. If you believe that your work has been copied in a way that constitutes infringement, please provide Configure the following information, in the form prescribed by Section 512 of Title 17, United States Code:
- an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- a description of the copyrighted work or works that you claim have been infringed;
- a description of the allegedly infringing material, including its location on the site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.Configure Copyright Agent for notice of claims of copyright infringement is as set forth below in the “Contact Us” section, Attn: Copyright Agent.
8. Third-party Content. The Sites contains Content from other users as well as content from third parties and third party websites and links to third-party websites or resources (collectively, “Third-Party Content”). Third-Party Content includes content from Suppliers which may link to Supplier websites. Links to Third-Party Content are provided for your information only and do not constitute Configure’s approval of those third-party websites or resources. Configure does not control or endorse and is not responsible or liable for any such Third-Party Content, or any related products or services. You are solely responsible for your use of any such Third-Party Content. Please note that third-party websites may have their own legal terms and conditions and you may be giving others, including Suppliers, permission to use your contact information or other information by using or interacting with them. You understand that by accessing Third-Party Content through the Sites, you may see content that may be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful. We cannot always prevent others’ misuse of the Sites, and you agree that we are not responsible for any such misuse. You are responsible for deciding whether you will access or use any Third-Party Content that is available in or through the Sites.
9. Fees. Activation of an Account for access to the Sites may be conditioned upon registration fees, if any. Current fees for access to the Sites will be presented to you prior to Account activation. Fees for Sites access are billed along with your monthly membership fees. Payments and fees are non-refundable. We have no responsibility or liability if the applicable financial institution declines your payment, however, we will notify you if your payment is declined. We reserve the right to change our fees from time to time. We will provide notice to you of any changed fees in advance of such fees impacting your Services.
10. Taxes. Configure will pass through and/or charge you any applicable sales or transaction taxes arising from your use of or registration for an Account. Taxation for the provision of this type of cloud computing service is rapidly evolving. As a result, Configure reserves the right to change the manner in which it calculates such taxes to meet changing tax obligations without notice. If Configure discovers that taxes were computed or collected incorrectly, we will adjust your payments accordingly.
11. Use of Marks. Certain trademarks, names, logos, insignia, or service marks (“Marks”) are owned by Configure. You do not have the right to use any Configure Marks except as expressly agreed to in writing in advance by Configure. The Sites may also contain third-party Marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party Marks or materials outside the context of the Sites without such third-party’s prior written consent. To the extent you are a Supplier such that your Content contains Marks either owned or licensed by you from a third party related to products for which you are a supplier or distributor, Configure will have the right and license to use such Marks in your Content for the purposes of publicly displaying such Marks as provided in your Content to other users of the Sites and you represent that you have the right and ability to license such Marks to Configure.
12. Feedback. By sending us any ideas, suggestions, documents, or proposals (“Feedback“), whether related to our Sites, Services, Content, or otherwise, you agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback. We may use, publish, distribute, and sublicense the Feedback without any obligation of attribution or compensation to you or any third party.
13. Updates and Upgrades. From time to time, we may need to deploy or provide patches, updates, upgrades, additional content, or other modifications to the Sites (for example for maintenance, enhancements, to add or remove features, resolve software bugs, or address security concerns). All such releases are in our discretion. If you find any error, issue, or bug in the Sites you may submit Feedback to notify us of the error, issue, or bug. If we elect to install any such updates or upgrades, the Sites, Services, and your Account, may be temporarily unavailable as we take our systems offline. In certain circumstances, we may need to suspend, withdraw, or disable the Sites, Services, and Accounts for longer periods while we deploy updates and upgrades. If we anticipate the Sites, Services, or your Account being impacted, we will use commercially reasonable efforts to notify you of the same. We do not provide any other support for the Sites.
14. Your Access to the Sites. We do not guarantee that the Site, Services, Content, or Configure Materials available on the Sites or Services, will be accurate, available, or uninterrupted. We may suspend, withdraw, or discontinue your access to the Sites (including disabling any Accounts) or any Services. We intend to provide notice of such activity where feasible but reserve the right to undertake such activity in our discretion. The Sites are controlled by Configure from its offices within the United States of America. You may not use or export the Configure Materials or any other content made available via the Sites in violation of U.S. export laws and regulations. To the extent you, either as a Contractor or Supplier enter into any transaction with another party introduced to you as a result of your use of the Site or Services, you understand and agree that Configure is not a party to such transactions and has no responsibility or liability for any such transaction, payments, or products involved in such transactions.
15. Termination If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Sites, Services, and we may restrict your access to the same (including terminating your Account). Configure may suspend or terminate the Sites or any Services, in whole or in part, at any time in its sole discretion for any reason. Configure shall not be liable to you or anyone else for any damages arising from or related to Configure’s suspension or termination of your access to your Account, the Sites, or the Services, or in the event Configure modifies, discontinues, or restricts the availability of your Account, the Site, or the Services (in whole or in part) as contemplated by these Terms.
16. WARRANTY DISCLAIMER. CONFIGURE MAKES NO REPRESENTATION THAT YOUR USE OF THE SITE OR SERVICES WILL PROVIDE YOU WITH ANY SALES LEADS, SALES REVENUE, OR ANY PRODUCTS OR SERVICES APPROPRIATE FOR ANY PARTICULAR PROJECT WITH WHICH YOU MAY BE INVOLVED. THE SITES, SERVICES AND CONTENT AVAILABLE VIA THE SAME ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. CONFIGURE, ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUBSIDIARIES AND EACH OF THEIR OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, REPRESENTATIVES, AND PARTNERS, DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SITES, SERVICES, AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND ALL WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. CONFIGURE, ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUBSIDIARIES AND EACH OF THEIR OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, REPRESENTATIVES, AND PARTNERS MAKE NO WARRANTY THAT (A) THE SITES OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SITES OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS FROM THE SITES OR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE SITES OR SERVICES WILL MEET YOUR EXPECTATIONS; (E) ANY ERRORS IN THE SITES OR SERVICES WILL BE CORRECTED OR CORRECTABLE; (F) THAT THE SITE OR THE SERVERS THAT MAKE THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS; (G) YOUR ACCOUNT IS SECURE; OR (H) THE CONTENT IS ACCURATE.
17. LIMITATION OF LIABILITY. TO THE GREATEST EXTENT ALLOWED BY LAW, YOU EXPRESSLY AGREE AND HEREBY RELEASE CONFIGURE, ITS SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, THIRD PARTY SERVICE PROVIDERS, REPRESENTATIVES, AND PARTNERS (THE “CONFIGURE PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR USE OF THE SITES, SERVICES, CONTENT AND ACCOUNT, AND PROMISE NOT TO SUE THE CONFIGURE PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED THEREWITH.
YOU ALSO AGREE THAT IN NO EVENT WILL THE CONFIGURE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR USE OR MISUSE OF THE SITES OR SERVICES, (B) ANY DELAY OR INABILITY TO USE THE SITES OR SERVICES, OR (C) ANY CONTENT OBTAINED THROUGH YOUR ACCOUNT, SITES, OR SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CONFIGURE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
USE OF THE SITES AND SERVICES IS AT YOUR RISK. YOUR SOLE REMEDY AGAINST CONFIGURE FOR USE OF THE SITES OR SERVICES IS TO STOP USING THE SAME. NOTWITHSTANDING THE FOREGOING, IF CONFIGURE IS FOUND TO BE LIABLE TO YOU FOR ANY DIRECT DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITES, SERVICES, CONTENT OR ACCOUNT, CONFIGURE’S LIABILITY SHALL NOT EXCEED $100.00 UNITED STATES DOLLARS (USD). THE FOREGOING LIMITATIONS APPLY EVEN IF ANY AVAILABLE REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
WE WILL ALSO NOT BE LIABLE TO YOU FOR ANY PERIOD(S) WHEN THE SITES OR ANY FEATURE OF THE SITES IS UNAVAILABLE TO YOU FOR ANY REASON. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (AND ANY SIMILAR LAW OF ANY STATE OR OTHER JURISDICTION), WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
18. INDEMNIFICATION. BY AGREEING TO THESE TERMS, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CONFIGURE AND CONFIGURE PARTIES FROM AND AGAINST ANY AND ALL CHARGES, CLAIMS, DAMAGES, LOSSES, COSTS, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) INCURRED AS A RESULT OF OR ARISING FROM A CLAIM, COMPLAINT, ALLEGATION, LAWSUIT, OR DEMAND ARISING OUT OF OR RELATING IN ANY WAY TO (A) YOUR ACCESS OR USE OF THE SITES OR SERVICES; (B) YOUR VIOLATION OF THESE TERMS; (C) YOUR INFRINGEMENT OR MISAPPROPRIATION OF CONFIGURE’S OR ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHT OR OTHER PROPRIETARY RIGHT; OR (D) YOUR VIOLATION OF ANY APPLICABLE LAW.
19. Governing Law; Limitations. Your use of the Sites and Services shall be governed in all respects by the laws of the State of Kentucky, USA, without regard to its choice of law provisions. You agree by accessing this Site, the Services, or Content, that jurisdiction over, and venue in, any legal proceedings directly or indirectly arising out of or relating to this Site shall be in the state or federal courts located in Campbell County of Kentucky. Except as expressly detailed under Section 16, the parties agree to the exclusive jurisdiction of those courts. You agree that any claim you may have arising out of or related to your relationship with Configure must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred. This provision will survive the termination of your relationship with Configure.
20. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH CONFIGURE AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
All claims and disputes between the parties that cannot be resolved informally must be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”). Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of the other party’s intellectual property or other proprietary rights, the non-breaching party may immediately resort to court proceedings in a court of competent jurisdiction as set forth below in order to seek immediate equitable relief without posting of a bond, proof of damages or other similar requirement.
This Arbitration Agreement applies to you and Configure, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Sites provided under the Term.
The arbitration proceeding will be administered by the International Chamber of Commerce (“ICC”) pursuant to its Rules of Arbitration before an arbitrator selected by and pursuant to the rules of the ICC. Any final award may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration. Any such arbitration will take place at a location within the United States federal judicial district identified below in Section 17 and will apply the substantive law set forth therein. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION.
The decision of the arbitrator will be a final and binding resolution of the dispute. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1–16. Judgment upon the award may be entered in any court having jurisdiction.
21. Assignment. You may not assign your rights or delegate your duties under these Terms, including without limitation your Account, without our prior written consent. These Terms inure to the benefit of Configure’s successors and assigns.
22. Severability. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
23. Entire Agreement. These Terms along with any terms posted throughout the Site (if any) are the entire agreement between you and Configure with respect to your access to and use of your Account, the Sites, the Services, and all Content.
24. Contact Us. You may contact Configure at:
1538 Alexandria Pike, Suite 11
Fort Thomas, KY 41075
Phone Number: (859) 212-1774
DMCA Designated Agent: Michael Albanese