The Parties further
agree not to contest the validity or enforceability of
such transactions under the provisions of any applicable
law relating to whether certain agreements are to be in
writing or signed by the Party to be bound thereby and
will be admissible if introduced as evidence on paper in
any judicial, arbitration, mediation, or administrative
proceeding to the same extent and under the same
conditions as other business records originated and
maintained in documentary form. In addition, the Parties
agree that transactions may be conducted through
Electronic Data Interchange or other electronic methods,
as agreed by the Parties. Customer and Mighty Sports will adopt
commercially reasonable security measures to limit
access to passwords and to limit access to unauthorized
use of the sites or issuance of messages caused by the
failure of its security measures.
2) Mighty Sports will not be
liable for performance delays or for non-performance,
due to causes beyond its reasonable control.
3) Customer may not
assign any rights or obligations hereunder without prior
written consent from Mighty Sports.
4) Disputes arising in
connection with these Mighty Sports Terms and Conditions of Sale
and Service will be governed by the laws of the country
and locality in which Mighty Sports accepts the order.
5) Provisions herein
which by their nature extend beyond the termination of
any sale or license of Products or Support will remain
in effect until fulfilled.
6) If any term or
provision herein is determined to be illegal or
unenforceable, the validity or enforceability of the
remainder of the terms or provisions herein will remain
in full force and effect.
7) These Mighty Sports Terms and
Conditions of Sale and Service and any Attachments
constitute the entire agreement between Mighty Sports and
Customer, and supersede any previous communications,
representations or agreements between the parties,
whether oral or written, regarding transactions
hereunder. Customer's additional or different terms and
conditions will not apply. Customer's purchase or
license of Products and Support will constitute
Customer's acceptance of these Mighty Sports Terms and Conditions
of Sale and Service, which may not be changed except by
an amendment signed by an authorized representative of
each party.