Archive version of TensorBoard.dev’s Additional Terms of Service This is an archived version of the terms valid from October 25, 2019 through January 19, 2022. We updated our TensorBoard.dev Additional Terms of Service (“Additional Terms”) to help clarify and make it easier to understand what to expect as you use the service. The current terms are here. TensorBoard.dev Terms of Service Thank you for using TensorBoard.dev! Please read the TensorBoard.dev Terms of Service and the Google Terms of Service carefully before accessing or using TensorBoard.dev because these terms represent the agreement between You and Us related to Your use of TensorBoard.dev. The TensorBoard.dev Terms of Service Version date: October 25, 2019 A. Definitions 1. "Account" means authorization to use TensorBoard.dev on behalf of a User and any other Users that User may permit to use the Account and a User’s identity on TensorBoard.dev. 2. “Account Information” means information and data shared by You with Us related to Your Account as well as other information related to Your usage of TensorBoard.dev, Services, and Content. 3. "Affiliate" means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with a party. 4. “Agreement” means, collectively, all the terms, conditions, notices contained or referenced in this document (the “TensorBoard.dev Terms of Service” or the "Terms") and all other operating rules, policies, and procedures that we may publish from time to time on TensorBoard.dev, including the Google Terms of Service. 5. “TensorBoard.dev” means the Website and other Services provided via the Website. 6. “Brand Features” means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time. 7. Confidential Information" means information that one party (or an Affiliate) discloses to the other party under this Agreement, and which is marked as confidential or would normally under the circumstances be considered confidential information. It does not include information that is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations, or becomes public through no fault of the recipient. 8. “Content” means any content provided, uploaded, shared, featured, or displayed through TensorBoard.dev, including text, data, articles, images, videos, photographs, graphics, software, services, applications, designs, features, and other materials that are available on TensorBoard.dev. 9. “Control” means control of greater than fifty percent of the voting rights or equity interests of a party. 10. “Effective Date” is the date that You accept this Agreement to use TensorBoard.dev, or, if You are accessing TensorBoard.dev in a manner that does not require active acceptance of this Agreement, the date You first access TensorBoard.dev. 11. “Our”, “We,” and “Us” means Google LLC, as well as Our directors, subsidiaries, contractors, licensors, officers, agents, and employees. 12. “High Risk Activities” means activities where the use or failure of the Services could lead to death, personal injury, or environmental damage (including operation of nuclear facilities, air traffic control, life support systems, or weaponry). 13. “Including” means including but not limited to. 14. “Indemnified Liabilities” means any: (i) settlement amounts approved by the indemnifying party; and (ii) damages and costs finally awarded against the indemnified party and its Affiliates by a court of competent jurisdiction. 15. “Intellectual Property Rights” means current and future worldwide rights under patent, copyright, trade secret, trademark, or moral rights laws, and other similar rights. 16. "Legal Process" means a data disclosure request made under law, governmental regulation, court order, subpoena, warrant, governmental regulatory or agency request, or other valid legal authority, legal procedure, or similar process. 17. “Services” means Content directly provided by TensorBoard.dev that is not User-Generated Content. 18. “Trademark Guidelines” means Our guidelines for third party use of our Brand Features, located at: http://www.google.com/permissions/guidelines.html. 19. “Terms URL” means https://tensorboard.dev/policy/terms.html or subsequent URLs where the terms of this Agreement may be found. 20. “Third-Party Legal Proceeding” means any formal legal proceeding filed by an unaffiliated third party before a court or government tribunal (including any appellate proceeding). 21. “User” means any person or company that uses any aspect of TensorBoard.dev via an Account. Special terms may apply for business or government Accounts. 22. “User-Generated Content” means Content created, shared, or uploaded by Our Users. 23. The “Website” refers to the TensorBoard.dev’s website located at https://tensorboard.dev and any related subdomains. 24. “You,” and “Your” means the individual person, company, or organization that has visited or is using TensorBoard.dev via Your Account; that accesses or uses any part of Your Account; or that directs the use of Your Account. 25. “Your Content” is Content on TensorBoard.dev created or provided by You. B. Account Terms 1. Account Requirements * A human must create Your Account, and You must be at least 13 years of age (or any older age required by applicable law) to use TensorBoard.dev. Accounts registered by "bots" or other automated methods are not permitted. * You must provide a valid email address, and You may not have more than one free Account. 2. Account Controls * You alone are responsible for Your Account and anything that happens while You are using Your Account (including all Content posted and activity that occurs under Your Account even when Content is posted by others who have access to an Account where You are the owner). * You are responsible for keeping your Account secure. * You are responsible for maintaining the security of Your Account and password. We are not liable for any loss or damage from Your failure to comply with this security obligation. * You will promptly notify Us if You become aware of any unauthorized use of, or access to, TensorBoard.dev or Your Account[d]. * If You are accepting these Terms on behalf of an organization or company, You represent and warrant that: (i) You have full legal authority to bind that organization or company to this Agreement; (ii) You have read and understand this Agreement; and (iii) You agree, on behalf of the organization or company, to this Agreement. 3. Required Information You must provide a valid email address and any other information required by Us, such as Your real name, to set-up an Account. If You are accepting these Terms and setting up an Account on behalf of a legal entity, We may need additional information about that legal entity. 4. Additional Terms In some situations, third party terms may apply to Your use of TensorBoard.dev. For example, You may be accessing Content with its own terms or license agreements; You may download an application with its own terms of service that integrates with TensorBoard.dev; or Content owned by Us or third parties (but featured in or linked from TensorBoard.dev) may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant Content (and associated webpages). C. Acceptable Use 1. Compliance with Laws and Regulations Your use of TensorBoard.dev must not violate any applicable laws, including copyright, trademark, or export control laws. You are responsible for ensuring that Your use of TensorBoard.dev is in compliance with applicable law including obtaining any related consent from any third parties required by applicable law. 2. Content Restrictions You agree that Your Content: * is not unlawful and does not promote unlawful activities; * does not contain sexually obscene content; * is not libelous, defamatory, or fraudulent; * is not discriminatory or abusive toward any individual or group; * does not contain or install any active malware or exploits, or use Our platform for exploit delivery (such as part of a related command and control system); * does not infringe on any legal right of any party, including Intellectual Property Rights; * is not intended for High Risk Activities; * is not subject to the International Traffic in Arms Regulations (ITAR) maintained by the U.S. Department of State; * is not Protected Health Information (PHI), as defined under the Health Insurance Portability and Accountability Act of 1996 as it may be amended from time to time, and any regulations issued under it (HIPAA). 3. Conduct Restrictions You agree to not use TensorBoard.dev (including any Content) to: * harass, abuse, threaten, or incite violence towards any individual or group; * generate, distribute, publish, or facilitate unsolicited mass email, promotions, advertising, or other solicitations (“spam”); * engage in any other unlawful, invasive, infringing, discriminatory, defamatory or fraudulent purpose (including phishing, creating a pyramid scheme, or mirroring a website); * violate the privacy of any third party (including obtaining, posting, or using another person's personal information without consent or surveilling any individual in a manner that violates applicable law or internationally acceptable norms); * violate or encourage the violation of any legal rights of others (including allowing or assisting others to infringe or misappropriate the Intellectual Property Rights of others in violation of the Digital Millennium Copyright Act) or engage in or encourage any other illegal activity; * intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature; * interfere with the use of the TensorBoard.dev or the equipment used to provide TensorBoard.dev; * disable, interfere with or circumvent any aspect of TensorBoard.dev; * use TensorBoard.dev or any interfaces provided by TensorBoard.dev to access any other product or service in a manner that violates or circumvents the terms of service of such other product or service; * engage in High Risk Activities; * engage in any purpose or in any manner involving PHI, if you are or become a Covered Entity or Business Associated, as defined in HIPAA. * contravene any widely accepted principles of international law and human rights; or * use TensorBoard.dev or any Content to directly or indirectly create, train, or improve a substantially similar service to TensorBoard.dev (except to the extent such restrictions are expressly prohibited by applicable law). 4. TensorBoard.dev Usage Limits You agree not to reproduce, duplicate, copy, sell, or resell any portion of TensorBoard.dev without Our express written permission. 5. Scraping Scraping refers to extracting data from Our TensorBoard.dev via any process including an automated process, such as a bot or webcrawler. You may only scrape the TensorBoard.dev for public, non-personal information for non-commercial research and only if any publications resulting from such research are open access. You may not scrape TensorBoard.dev for any other purposes, including spamming purposes, or for the purposes of selling TensorBoard.dev Users' personal information for other uses such as by recruiters, headhunters, and job boards. 6. Excessive Resource Use If We determine in Our sole discretion that the resource usage of your Account is significantly excessive in relation to other Users, We reserve the right to suspend Your Account or throttle Services related to Your Account until You can reduce Your resource consumption. 7. TensorBoard.dev May Terminate Use or Content We have the right to suspend or terminate Your Account and access to all or any part of TensorBoard.dev at any time, with or without cause, with or without notice, effective immediately. We may make changes to TensorBoard.dev or Content at any time including terminating the availability or use of any Content or Services. D. Content Rights and Obligations 1. Responsibility for Your Content You may create or upload Content while using TensorBoard.dev in compliance with this Agreement. You are solely responsible for the content of, and for any harm resulting from, any Content that You post, upload, link to or otherwise make available via TensorBoard.dev, regardless of the form of that Content. We are not responsible for any public display or misuse of Your Content. 2. TensorBoard.dev May Remove Content We do not pre-screen User-Generated Content, but We have the right (though not the obligation) to refuse or remove any User-Generated Content that, in Our sole discretion, violates this Agreement or any other applicable terms or policies. 3. Ownership of Content, Right to Post, and License Grants You retain ownership of and responsibility for Your Content. If You are posting anything You did not create or do not own the rights to, You agree that: (i) You are responsible for any Content You post; (ii) You will only submit Content that You have the right to post; and (iii) that you will fully comply with any third party licenses relating to Content You post. 4. License Grant to Us You grant Us and Our Affiliates, subcontractors, and assignees the right to store, organize, and display Your Content, and make incidental copies as necessary to provide TensorBoard.dev to You (including the right to: (i) copy Your Content to Our database and make backups; (ii) display Your Content to You and other Users; (iii) organize Your Content into a search index or otherwise analyze it on our servers; and (iv) share it with other Users). 5. License Grant to Other Users Any Content You post publicly (including issues, comments, and contributions to other Users' repositories) may be viewed by other Users. By allowing Content You control to be viewed by other Users who are not authorized Users of Your Account, You agree to allow other Users to view and "fork" Your Content (this means that others may make their own copies of Your Content). If You set Your Content to be viewed publicly, unless You explicitly state otherwise clearly in such Content, You grant each User of TensorBoard.dev the following “MIT license” to such Content: “Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. “THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.” 6. Contributions Under License Whenever You make a contribution to other User Content subject to a clear contribution license, You license Your contribution to such Content under the same terms, and You agree that You have the right to license Your contribution under those terms. 7. Moral Rights You waive any moral rights that would prevent Us from reasonably exercising the rights granted to Us in this Agreement. To the extent this Agreement is not enforceable by applicable law, You grant Us the rights We need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to provide TensorBoard.dev. 8.Use of Account Information and Your Content We may use Your Account Information or other Content related to Your Account or usage of TensorBoard.dev (including any related personal information or personal data) in accordance with Our Privacy Policy: https://www.google.com/intl/en/policies/privacy/. Notwithstanding any other agreements with Us, You consent to this Account Information and Content being used to provide You TensorBoard.dev (including: (i) Content and Services on TensorBoard.dev, (ii) recommendations and other personalization to TensorBoard.dev, and (iii) other improvements to TensorBoard.dev) or for the development of other products and services. You also consent to Us sharing Your Account Information related to the use of Content with the provider of such Content or related to support for usage of such Content. 9. Support for Content We are not responsible or liable for any technical support to any User for any Content including any security updates or patches provided by You or other Users (even if such updates or patches may appear in Our Content). E. Intellectual Property 1. Our Rights to TensorBoard.dev We retain ownership of all Intellectual Property Rights of any kind related to TensorBoard.dev. We reserve all rights that are not expressly granted to You under this Agreement or by law. Except as expressly stated in this Agreement, this Agreement does not grant either party any rights, implied or otherwise, to the other party’s Content or any of the other party’s Intellectual Property Rights. 2. TensorBoard.dev Trademarks and Logos If You would like to use TensorBoard.dev’s trademarks, you must follow all of our Trademark Guidelines, including those on our logos page. 3. Copyright Infringement and DMCA Policy We cannot effectively determine whether something is being used legally or not without User input. We will respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to applicable copyright laws including in particular the process set out in the U.S. Digital Millennium Copyright Act. If You think somebody is violating Your or another User’s copyrights and want to notify Us, You can find information about submitting notices and Our policy about responding to notices at https://support.google.com/legal/answer/1120734. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, You must consider legal uses such as fair use and licensed uses. 4. Your Feedback If You provide Us with feedback or suggestions about TensorBoard.dev or any Content that is not Your Content, then We may use that information without obligation to You, and You irrevocably assign to Us all right, title, and interest in that feedback or those suggestions. 5. Remedies If We reasonably believe TensorBoard.dev or any Content might infringe a third party’s Intellectual Property Rights, then We may, at Our sole option and expense: (a) procure the right for You to continue using TensorBoard.dev or such Content; (b) modify TensorBoard.dev or Content to make it non-infringing (including removal of such Content from TensorBoard.dev); or (c) replace TensorBoard.dev or such Content with a non-infringing, functionally equivalent alternative. If We do not believe the remedies in this Section are commercially reasonable, then We may suspend or terminate Your use of TensorBoard.dev or the Content. Without affecting either party’s termination rights, this Section F.5 states Your and Our only rights and obligations under this Agreement for Intellectual Property Rights-related Allegations and Third-Party Legal Proceedings. 6. U.S. Federal Agency Users TensorBoard.dev and Our Content were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable Federal Acquisition Regulation and agency supplements. F. General Terms 1. Modifications to the Agreement We may make changes to this Agreement from time to time. We will post any changes to this Agreement to the Terms URL, and all changes will be effective immediately after posting. We advise You to review the latest version of the Agreement at the Terms URL before using TensorBoard.dev to stay informed of the most current Agreement terms applicable to such use. The foregoing notwithstanding, unless otherwise noted by Us, material changes to the Agreement will become effective 14 days after they are posted to the Terms URL, except changes that apply to new TensorBoard.dev functionality and Content, are necessary for the appropriate operation of TensorBoard.dev, or are required by applicable law will be effective immediately after they are posted to the Terms URL. If You do not agree to any changes to the Agreement, please stop using TensorBoard.dev and related Content. Any use by You of TensorBoard.dev or Content after the effective date of any changes to the Agreement posted to the Terms URL will constitute Your acceptance of the Agreement as modified. 2. Confidential Information The recipient will not disclose the Confidential Information, except to Affiliates, employees, agents or professional advisors who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. The recipient will ensure that those people and entities use the received Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to keep it confidential. Notwithstanding any provision to the contrary in this Agreement, the recipient may also disclose Confidential Information to the extent required by applicable Legal Process if the recipient uses commercially reasonable efforts to: (i) promptly notify the other party of such disclosure before disclosing; and (ii) comply with the other party’s reasonable requests regarding its efforts to oppose the disclosure. Notwithstanding the foregoing, subsections (i) or (ii) above will not apply if the recipient determines that complying with (i) or (ii) could: (a) result in a violation of Legal Process; (b) obstruct a governmental investigation; or (c) lead to death or serious physical harm to an individual. As between the parties, You are responsible for responding to all third party requests concerning Your use of TensorBoard.dev. 3. Term and Termination This Agreement will remain in effect from the Effective Date until terminated by either You or Us. If the Agreement expires or is terminated, then You will cease all use of TensorBoard.dev, and, upon request, each party will use commercially reasonable efforts to return or destroy all Confidential Information of the other party. 4. Publicity You are permitted to state publicly that You are a User of TensorBoard.dev, consistent with the Trademark Guidelines. If You want to display TensorBoard.dev Brand Features in connection with Your use of TensorBoard.dev, Your must obtain written permission from Us through the process specified in the Trademark Guidelines. We may include Your name or Brand Features in a list of Our Users either online or in promotional materials. We may also verbally reference You as a User of TensorBoard.dev and of any Content used by You. Neither party needs approval if it is repeating a public statement that is substantially similar to a previously approved public statement. Any use of a party’s Brand Features will inure to the benefit of the party holding Intellectual Property Rights to those Brand Features. A party may revoke the other party’s right to use its Brand Features under this Section with written notice to the other party and a reasonable period to stop the use. 5. Disclaimer EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS DO NOT MAKE ANY WARRANTY OF ANY KIND RELATED TO TensorBoard.dev OR ANY CONTENT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. WE AND OUR SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR THE DELETION OF OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED THROUGH USE OF TensorBoard.dev. YOU ARE SOLELY RESPONSIBLE FOR SECURING AND BACKING UP ANY CONTENT YOU UPLOAD TO OR ACCESS VIA TensorBoard.dev. WE AND OUR SUPPLIERS AND LICENSEES DO NOT WARRANT THAT THE OPERATION OF TensorBoard.dev OR ANY CONTENT WILL BE ERROR-FREE, MALWARE- FREE, OR UNINTERRUPTED. TensorBoard.dev AND ALL CONTENT ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR HIGH RISK ACTIVITIES. 6. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WE AND OUR SUPPLIERS WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF WE OR OUR SUPPLIERS KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS, MAY NOT BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY YOU TO US FOR USE OF TensorBoard.dev DURING THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. 7. Indemnity by You Unless prohibited by applicable law, You will defend and indemnify Us and our Affiliates against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from: (i) any of Your Content; or (ii) Your use (or use by other Users under your Account) of TensorBoard.dev or any Content subject to the following conditions: (i) We have the right to approve controlling counsel, such approval not to be unreasonably withheld and which approval may be withheld or withdrawn if there is a conflict of interest); (ii) We may appoint Our own non-controlling counsel at Our own expense; and (iii) any settlement requiring Us to admit liability, pay money, or take (or refrain from taking) any action will require Our prior written consent. 8. Notices All legal notices to Us must be emailed to Our Legal Department at legal-notices@google.com. You agree that We may use the email address that You provide Us for Your Account for any notice to You. Notice will be treated as given on receipt, as verified by written or automated receipt or by electronic log (as applicable). 9. Assignment You may not assign any part of this Agreement without Our written consent, except to an Affiliate where: (a) the assignee has agreed in writing to be bound by the terms of this Agreement; (b) the assigning party remains liable for obligations under the Agreement if the assignee defaults on them; and (c) the assigning party has notified the other party of the assignment. Any other attempt to assign is void. 10. Change of Control If You experience a change of Control (for example, through a stock purchase or sale, merger, or other form of corporate transaction): (a) You will give written notice to Us within 30 days after the change of Control; and (b) We may immediately terminate this Agreement upon receipt of that written notice. 11. Force Majeure We will not be liable for failure or delay in performance to the extent caused by circumstances beyond Our reasonable control. 12. No Agency This Agreement does not create any agency, partnership or joint venture between You and Us. 13. No Waiver We and You will be not be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement. 14. Severability If any term (or part of a term) of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect. 15. No Third-Party Beneficiaries This Agreement does not confer any benefits on any third party unless it expressly states that it does. 16. Equitable Relief Nothing in this Agreement will limit either party’s ability to seek equitable relief. 17. Governing Law * If You are a U.S. city, county or state government entity, then the Agreement will be silent regarding governing law and venue. * If You are a U.S. federal government entity then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA, EXCLUDING ITS CONFLICT OF LAWS RULES. SOLELY TO THE EXTENT PERMITTED BY FEDERAL LAW: (I) THE LAWS OF THE STATE OF CALIFORNIA (EXCLUDING CALIFORNIA’S CONFLICT OF LAWS RULES) WILL APPLY IN THE ABSENCE OF APPLICABLE FEDERAL LAW; AND (II) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA. * If You are any entity or person not stated above in this Section then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING THAT STATE’S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS. 18. Survival The following Sections will survive expiration or termination of this Agreement: A, C.3, D, E, and F. 19. Entire Agreement This Agreement states all terms agreed between You and Us and supersedes all other agreements between You and Us relating to its subject matter. In entering into this Agreement, neither You or We have relied on, and neither You or We will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly set out in this Agreement. The terms located at a URL referenced in the Agreement are incorporated by reference into the Agreement. After the Effective Date, We may provide an updated URL in place of any URL in this Agreement. 20. Conflicting Terms If there is a conflict among the documents that make up this Agreement, the documents will control in the following order: (i) the Agreement and (ii) any terms at any URL stated in this Agreement. 21. Counterparts If the parties execute this agreement offline, it may be executed in counterparts, including facsimile, PDF, and other electronic copies, which taken together will constitute one instrument.