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SUBSCRIPTION AGREEMENT

IN ORDER TO COMPLETE THE SUBSCRIPTION PROCESS, YOU MUST INDICATE YOUR ACCEPTANCE OF THIS SUBSCRIPTION AGREEMENT BY CLICKING THE “I ACCEPT” BUTTON DISPLAYED BELOW.  CLICKING ON THE “I ACCEPT” BUTTON SHALL BE DEEMED YOUR CONCLUSIVE ACKNOWLEDGEMENT THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THIS AGREEMENT AS IT APPLIES TO YOUR ACCESS TO AND USE OF THE ONLINE SERVICES PROVIDED BY LNA CORPORATION (“LNA”) THROUGH ITS WEB SITE LOCATED AT ARKYVER.COM ON A SUBSCRIPTION BASIS.  UPON COMPLETION OF THE SUBSCRIPTION PROCESS, YOUR ACCESS TO AND USE OF THE SERVICES SHALL BE DEEMED YOUR CONTINUED AND CONCLUSIVE ACCEPTANCE OF THIS AGREEMENT, INCLUDING ANY MATERIALS AVAILABLE ON THE LNA WEB SITE AND INCORPORATED BY REFERENCE HEREIN, INCLUDING BUT NOT LIMITED TO LNA’S WEB SITE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST CLICK THE “I DECLINE” BUTTON DISPLAYED BELOW.  IF YOU CLICK ON THE “I DECLINE” BUTTON, YOU WILL NOT BE ABLE TO PROCEED WITH THE SUBSCRIPTION PROCESS FOR THE SERVICES AND YOU MAY NOT ACCESS OR USE THE SERVICES.

DEFINITIONS

In addition to other terms defined elsewhere in this Agreement, the following terms are defined for purposes of this Agreement as follows:

“Agreement” means this Subscription Agreement and any Subscription Forms submitted via the Site, and any materials available on the LNA web site located at arkyver.com and specifically incorporated by reference herein, as such materials may be updated by LNA from time to time in its sole discretion.

“Authorized Users” means the users authorized by a Subscriber to use the Services and which have registered with LNA.

“Content” means any and all audio and visual information, documents, software, products and services contained in the Services or made available by LNA to Subscribers (and their Authorized Users, if any) in the course of providing the Services, not including Uploaded Data.

“Effective Date” means the date this Agreement is accepted by selecting the “I Accept” option displayed below.

“Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.

“License Term” means the period during which a Subscriber is licensed to use the Services pursuant to the applicable Subscriber Form and subject to the terms of this Agreement.

“Subscriber Form” means the form evidencing your initial subscription for the Services specifying, among other things, the Services contracted for, the term of the subscription, the applicable fees, the billing period and the Authorized Users, such Subscriber Form to be incorporated into and to become a part of this Agreement.

“LNA Technology” means all of LNA's proprietary technology (including software, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) used or made available by LNA to Subscribers and their Authorized Users, if any, in the course of providing the Services, including any downloaded platform application licensed to them by LNA on a subscription basis.

“Services” means the on-line services identified during the subscription and ordering process, developed, operated and maintained by LNA, accessible via the Site or through any downloaded platform application licensed to you by LNA on a subscription basis and to which you are being granted access under this Agreement, including the LNA Technology and the Content. 

“Site” means the web site located at arkyver.com or another web site or IP address designated by LNA.

“Subscriber” means each individual or entity that completes and submits an Subscriber Form, has been authorized to use the Services and has been assigned and supplied a User ID and Password by LNA.

“Uploaded Data” means any and all audio, video, text, data, information or materials that Subscribers (or their Authorized Users, if any) upload, input or submit to LNA in connection with and in the course of using the Services.

SUBSCRIPTION PROCESS

Following your acceptance of this Agreement, you may complete the online subscription process for the Services by completing the online Subscriber Form.  Upon completion of the registration process and acceptance of your subscription request by LNA, you, as the Subscriber, will be assigned and supplied a user identification (“User ID”) and password (“Password”) by LNA that will allow you to access and use the Services.  In addition, to the extent applicable, LNA will assign each of your Authorized Users a User ID and Password.

You, as the Subscriber, shall be responsible for ensuring that each of your Authorized Users complies with the terms of this Agreement.  

Your (and to the extent applicable each of your Authorized User’s) right to use the User ID and Password shall terminate immediately upon termination of this Agreement.

You agree and acknowledge that LNA reserves the right, in its sole discretion, to reject your subscription request for the Services without any further obligation to you at which time this Agreement shall be deemed terminated without any further obligations by LNA.

You shall be responsible for all activity occurring under your account, including without limitation the acts and omissions of each of your Authorized Users.

You agree to abide by all applicable laws in connection with your use of the Services, including those related to Intellectual Property Rights, data privacy, international communications and the transmission of technical or personal data. 

The Services, including any downloaded platform applications, may be used only for lawful purposes and in a lawful manner.

By downloading, installing or using any downloaded platform application licensed to you by LNA, you agree to comply with all applicable laws and regulations, including those that may govern its use, and to respect all applicable third party rights.  You may not rent, lease, lend, sell, redistribute or sublicense such application.  You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of such application(s), any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law).  Any commercial or promotional distribution, publishing or exploitation of any downloaded platform application licensed to you by LNA is strictly prohibited.  Any attempt to do so is a violation of the rights of LNA and its licensors.  If you breach this restriction, you may be subject to prosecution and damages. 

You further agree to notify LNA immediately of any unauthorized use of any User ID and Password or account or any other known or suspected breach of security and to report to LNA immediately any unauthorized use of the Services by any third party, including any unauthorized copying or distribution of Content or Uploaded Data that is known or suspected by you.

WEB SITE TERMS OF USE AND PRIVACY POLICY

LNA’s Web Site Terms and Conditions of Use, located at http://arkyver.com/en/WebSiteTermsAndConditions, and Privacy Policy, located at http://arkyver.com/en/PrivacyPolicy, are incorporated herein by reference.  LNA reserves the right to modify its Web Site Terms and Conditions of Use and Privacy Policy in its reasonable discretion from time to time.  In the event of any conflict between this Agreement and the Web Site Terms and Conditions of Use or the Privacy Policy, this Agreement shall control.  LNA’s Privacy Policy governs disclosures relating to the collection and use of information by LNA that personally identifies Subscribers (or their Authorized Users, if any).  Personally identifying information provided to LNA during the subscription process or otherwise in connection with the Services are subject to said Privacy Policy.

LICENSE GRANT TO THE SERVICES AND RESTRICTIONS

LNA provides use of its platform the Services, including any downloaded platform applications, as a service on a subscription basis. Subscriber’s license to access and use certain features of the Services may be restricted in accordance with the Subscriber level at which Subscriber has subscribed as set forth in the applicable Subscriber Form.

For the term of this Agreement, subject to payment of the fees as set forth in the applicable Subscriber Form and to the terms and conditions set forth in this Agreement, LNA hereby grants you a non-exclusive, non-transferable, worldwide limited right and license to use the Services, subject to the terms and conditions of this Agreement.  You may use the Services and any downloaded platform application licensed to you on a subscription basis by LNA (and any updates thereof) on multiple mobile devices that you own or control.  All rights not expressly granted to you are reserved by LNA and, if applicable, its licensors.

You may not access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

You may not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the Content in any way; (ii) modify or make derivative works based upon the Services or the Content; (iii) “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Services, or (c) copy any ideas, features, functions or graphics of the Services. 

You may not share with or otherwise authorize any third party to use the User ID and Password assigned and supplied to you by LNA to access and use the Services. Neither you nor your Authorized Users, if any, are permitted to access the Services using the User ID and Password of any other Authorized User.  You shall be solely and exclusively responsible and liable for any access to the Services by any person or entity who gains access to the Services through the use of your or any of your Authorized User’s User ID and Password.

You may not copy decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any downloaded platform application licensed to you by LNA, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of LNA’s rights.
 
SUBSCRIBER UPLOADED DATA

LNA does not own any Uploaded Data submitted, uploaded or otherwise input through the Services.  You, as the Subscriber, not LNA, shall have sole responsibility for verifying (i) that you have all Intellectual Property Rights necessary to upload, input or submit your Uploaded Data and to permit their access through the Services and (ii) the accuracy, quality and integrity of all of your Uploaded Data.  LNA shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Uploaded Data.

By making an Upload, Subscribers and their Authorized Users, if any, automatically grant to LNA, a royalty-free license and right to use, host, store, reproduce and create derivative works from such Upload (such as those resulting from changes LNA may make so that Uploaded Data work better with the Services).

You, as the Subscriber, warrant and represent that you will not (i) post, upload, input or submit through the Services any material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere or disrupt the integrity or performance of the Services and/or the data contained therein; (iii) attempt to gain unauthorized access to the Services and/or their related systems or networks; (iv) impersonate another user of the Site or provide false identity information to gain access to or use the Services; or (v) post, upload, input or submit through the Services any Upload that violates or infringes on the Intellectual Property Rights, proprietary or contractual rights, privacy rights and/or publicity rights of any third party or that is, in whole or in part, libelous, scandalous, inflammatory, discriminatory, defamatory, false, threatening, vulgar, obscene, pornographic, profane, abusive, harassing, hateful or bashing, aimed at gender, race, color, sexual orientation, national origin, religious views or disability, or otherwise unlawful.

You further warrant and represent that you will access, view, store and distribute Uploaded Data through the Services solely for lawful purposes in the course of using the Services and in compliance with the specific terms and conditions applicable to the Services to which you subscribed.

LNA does not represent or guarantee the truthfulness, accuracy, reliability or non-infringing nature of any Uploaded Data input, submitted, uploaded or otherwise made available through the Services by Subscribers (or their Authorized Users, if any) or endorse any statements, representations or opinions expressed by Subscribers (or their Authorized Users, if any). 

LNA is not responsible for screening or monitoring Uploaded Data input, submitted, uploaded or otherwise made available through the Services by Subscribers (or their Authorized Users, if any).  If LNA is notified of Uploaded Data input, submitted, uploaded or otherwise made available through the Services allegedly in violation of this Agreement, LNA may investigate the allegation and determine in good faith and its sole discretion whether to remove such Uploaded Data.  LNA shall have no liability or responsibility to users or others for performance or nonperformance of such activities.  Nor shall LNA be responsible for any wrongful actions or misconduct of Subscribers (and/or their Authorized Users, if any) or any activity occurring under their accounts during the course of their use of the Services.  LNA, however, reserves the right (but has no obligation) (i) to expel Subscribers (and/or their Authorized Users, if any) and prevent their further access to the Services, or any portion thereof, who, in its sole discretion, LNA deems to be in violation of this Agreement and/or the law; and (ii) to remove any and all Uploaded Data that, in its sole discretion, LNA deems to be in violation of this Agreement and/or applicable laws.

INTELLECTUAL PROPERTY OWNERSHIP

LNA alone (and/or its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the LNA Technology, the Content and the Services.  This Agreement is not a sale and does not convey to Subscribers (or their Authorized Users, if any) any rights of ownership in or related to the Services, the LNA Technology, the Content or the Intellectual Property Rights owned by LNA.  Neither Subscribers nor their Authorized users, if any, shall acquire any rights in and to the LNA Technology, the Content or the Services other than as set forth herein.  The LNA name, the LNA logo and the marks associated with the Services are service marks of LNA, and no right or license is granted to use them.

THIRD PARTY INTERACTIONS

During the course of using the Services, Subscribers and/or their Authorized Users, if any, may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Services.  Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between Subscribers and/or their Authorized Users and the applicable third party.  LNA shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between Subscribers and/or their Authorized Users and any such third party. 

CHARGES/PAYMENT OF FEES/BILLING AND RENEWAL

You agree to provide LNA with complete and accurate billing and contact information when opening an account with LNA.  This information includes your legal name, street address, e-mail address, telephone number and credit card information.  You agree to update this information within ten (10) days of any change to it.  If the information you have provided is false or fraudulent, LNA reserves the right to terminate your access to the Services in addition to any other legal remedies.

You agree to pay the subscription fees and any other charges for the Services (including any applicable taxes) in accordance with the fees and billing terms in effect at the time a fee is due and payable in accordance with your Subscriber Form.  Renewal charges will be based on the then-current fees in effect at the time of renewal.  LNA agrees to provide you at least thirty (30) days prior written notice of a fee increase, which shall be effective upon renewal.  All fees and other charges will be billed to the credit card you provide to and  through our service provider.  With regard to your credit card information, it is sent directly to our payment service provider who processes your subscription order.  The credit card information is neither recorded nor stored by LNA, and it can only be accessed by our payment service provider.  Specifically, your credit card details are sent directly to our payment provider over a secure SSL-encrypted connection. They are not processed on our servers at any stage of the transaction.   All fees and charges are nonrefundable.

If you believe any fees or charges to your account are incorrect, you must contact us in writing within thirty (30) days of the date of the bill containing the amount in question to be eligible to receive an adjustment or credit.

LNA will make reasonable attempts to contact you when your subscription is due to expire, and offer a process for renewing your subscription.  If your subscription expires, your access to the Services will terminate without additional notice.  Any special offers or discounts obtained upon your initial subscription or any renewals may not necessarily be offered on each renewal.  You agree and acknowledge that LNA reserves the right, in its sole discretion, to reject your subscription renewal request for the Services without any further obligation to you.

TERMINATION

This Agreement commences on the Effective Date and terminates upon the expiration of the then current License Term, unless otherwise renewed. 

LNA, in its sole discretion, may terminate your Password, account or use of the Services if you materially breach or otherwise fail to comply with this Agreement.  Any breach of your payment obligations or unauthorized or unlawful use of any Uploaded Data, Content, LNA Technology and/or Services will be deemed a material breach of this Agreement.  In addition, LNA may terminate a free account at any time in its sole discretion.  You agree and acknowledge that LNA has no obligation to retain your Uploaded Data, and may delete it, in the event this Agreement is terminated or expires for any reason.

Upon termination, all licenses and use of the Services granted herein automatically expire and you will have to further right to use the Services.

All provisions of this Agreement relating to proprietary rights, disclaimers, limitation of liability, indemnification and payment, and any obligations which either expressly or by their nature are to continue after the termination of this Agreement shall survive and remain in effect.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless LNA and its licensors, their respective affiliates, subsidiaries and related companies and their respective employees, officers, directors, agents and representatives, from and against any and all claims, actions, demands, damages, liabilities, losses, fees, expenses, penalties and costs (including reasonable attorneys’ fees and costs) arising from and/or in connection with  (i) your breach of this Agreement; (ii) your acts or omissions in connection your use of and access to the Site and/or the Services; (iii) your Uploaded Data; and/or (iv) your violation of any third party rights, including without limitation any copyright, property, privacy or publicity right. No settlement which may adversely affect LNA’s rights or obligations shall be made without LNA’s prior written approval. LNA reserves the right, at its own expense and upon notice to you, to assume exclusive defense and control of any such claim or action, at which point your corresponding indemnification obligation will end.  Your defense and indemnification obligation will survive this Agreement and your access and use of the Services.

INTERNET ACCESS/DELAYS

Use of the Services, including any platform application licensed to you by LNA, will require internet and data access from which you shall be responsible and subject to your internet access provider terms and conditions of use.  In no event shall LNA be liable for any internet or data access fees or other charges incurred by you in connection with your use of the Services. Any such fees and charges shall be your sole responsibility.

LNA's Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. LNA is not responsible for any delays, delivery failures, or other damage resulting from such problems.

DISCLAIMER OF WARRANTIES

LNA AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES (INCLUDING ANY PLATFORM APPLICATION LICENSED TO YOU BY LNA) OR ANY UPLOADED DATA OBTAINED FROM OR THROUGH THE SERVICES.  LNA AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES (INCLUDING ANY PLATFORM APPLICATION LICENSED TO YOU BY LNA) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SERVICES (INCLUDING ANY PLATFORM APPLICATION LICENSED TO YOU BY LNA) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE SERVICES (INCLUDING ANY PLATFORM APPLICATION LICENSED TO YOU BY LNA) OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE SERVICES AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS.  ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY LNA AND ITS LICENSORS. YOU AGREE THAT YOUR ACCESS AND USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK.

LIMITATION OF LIABILITY

IN NO EVENT SHALL LNA’S AND/OR ITS LICENSORS’ AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL LNA AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICES (INCLUDING ANY PLATFORM APPLICATION LICENSED TO YOU BY LNA), INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY CONTENT OR UPLOADED DATA OBTAINED FROM OR THROUGH THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT OR UPLOADED DATA, EVEN IF LNA OR ITS LICENSORS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PORTION OF THIS SECTION IS HELD TO BE UNENFORCEABLE, THEN THE LIABILITY OF LNA AND/OR ITS LICENSORS WILL BE LIMITED TO THE FULLEST POSSIBLE EXTEND PERMITTED BY APPLICABLE LAW.

LOCAL LAWS AND EXPORT CONTROL

LNA, through the Site, provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control and other U.S. agencies. You acknowledge and agree that the Site shall not be used, and none of the underlying information, software or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, “Designated Nationals”).  The lists of Embargoed Countries and Designated Nationals are subject to change without notice.  By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National.  You agree to comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

LNA and its licensors make no representation that the Services are appropriate or available for use in other locations outside the United States.  If you use the Services from outside the United States, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations and intellectual property laws of other countries.  Any diversion of the Services and/or any Content obtained from or through the Services contrary to United States laws is prohibited.

NOTICE

All notices and other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to be delivered when sent by e-mail upon electronic confirmation thereof.  Notices to LNA must be sent to: notice@arkyver.com. Notice to you will be sent to your address or e-mail address on record as provided by you during the online subscription process.  Either party may change its address or e-mail for purposes of this section by giving notice as provided hereunder.

MODIFICATION TO TERMS

LNA reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement on the Services.  You are responsible for regularly reviewing this Agreement.  Continued use of the Services after any such changes shall constitute your consent to such changes.

SEVERABILITY

If any term or provision of this Agreement should be declared invalid by a court of competent jurisdiction, (i) the remaining terms and provisions of this Agreement shall be unimpaired and shall remain in full force and effect, and (ii) the invalid term or provision shall be replaced by such valid term or provision as comes closest to the intention underlying the invalid term or provision.

SURVIVING PROVISIONS AND LIMITATION ON CAUSES OF ACTION

Any provision which must survive in order to allow LNA to enforce its meaning shall survive the termination of this Agreement; provided, however, no action arising out of this Agreement or your access to or use of the Services, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has and you hereby waive any longer statute of limitations that may be permitted by law.

MISCELLANEOUS

This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles.  Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement and/or its subject matter shall be an appropriate state or federal court located in the Commonwealth of Massachusetts.  No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.  Any changes to this Agreement must be made in writing, signed by an authorized representative of LNA to be binding on LNA.  No joint venture, partnership, employment, or agency relationship exists between you and LNA as a result of this Agreement or use of the Services.  The failure of LNA to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LNA in writing.  This Agreement, together with any and all materials incorporated herein by reference, comprises the entire agreement between you and LNA with respect to the Services and your use of the Site and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. You may not assign this Agreement without the prior written approval of LNA. Any purported assignment in violation of this provision shall be void.

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