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13. Notices. Subscriber shall provide Divinsa with its current street address and a current Internet email address designated for future notices and other communications pertaining to this Agreement. Subscriber shall promptly notify Divinsa of any changes in its street or designated email addresses. Any notice to Subscriber permitted or required by this Agreement may be given by email to the last email address designated by Subscriber.

14. Termination. Either party may terminate the Service to Subscriber without cause upon thirty (30) days prior written notice. Additionally, Divinsa may terminate this Agreement immediately upon any dishonor or non-payment, and Subscriber may terminate this Agreement in the event of increased Pricing, as provided above. Any termination notice on behalf of Subscriber must be submitted by one of Subscriber's designated users, and for authentication purposes must contain such user's name, the Subscriber's name, the Subscriber's designated email address, and the last four digits of the account number for the credit card then being used to pay charges billed to the Subscriber. As of the effective date of termination, the Subscriber's access to any of Subscriber's data stored by the Service will be permanently terminated, though Subscriber's data may continue reside on Divinsa's servers and physical backup media for a period of time thereafter, at Divinsa's discretion. Termination shall not relieve Subscriber's responsibility to pay all charges for Services incurred through the effective date of termination.

15. Assignment. Divinsa shall have the right to assign this agreement to any person, firm or corporation. Subscriber may assign this Agreement with written notice to Divinsa, including proper billing instructions for the new Subscriber. Such Subscriber assignment shall be effective upon Divinsa's approval of the new entity's credit card, financial statement or with prepayment of required service fees.

16. Events Beyond Divinsa's Control. Divinsa shall not be deemed to be in breach of this Agreement, and its obligations hereunder shall be deemed suspended, if its performance is delayed or prevented, in whole or part, by any act of God, war, fire, natural disaster, accident, riot, strike, governmental action, shortage of materials or supplies, failure of any transportation or communication system, non-performance of vendor, or any other cause beyond its reasonable control.

17. Choice of Law. This agreement is, and shall be governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and performed in Washington, excluding conflicts of law provisions.

18. Notice of Claim, Filing of Suit. Any claim arising under this Agreement shall be presented to the other party within a reasonable period of time, and in no event shall suit on such claim be commenced more than six (6) months after the event, act or omission giving rise to the claim. The venue of any action arising under this Agreement shall be the state or federal courts located in King County, Washington. In any legal action arising under this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs.

19. Invalidity. If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect.

20. Non-Waiver. The failure of any party to insist upon strict performance of any of the terms and conditions of this Agreement, or to exercise any option or right herein conferred, in any one or more instances, shall not be construed to be a waiver or relinquishment of the right to insist upon future performance of such term or condition, which shall be and remain in full force and effect.

21. Entire Agreement, Modifications. These terms and conditions, together with the Pricing for the Service and any additional Operating Rules published by Divinsa from time to time, constitute the entire and only agreement (collectively, the "Agreement") between Divinsa and Subscriber (including Subscriber's designated users) with respect to the Service, and supersede all prior communications and agreements with regard to the subject matter hereof. Upon notice published on, Divinsa may prospectively modify its Operating Rules or Prices, and may discontinue or revise any or all other aspects of the Service, at its sole discretion and without advance notice. Additionally, on fifteen (15) days prior notice to Subscriber, which maybe given via email to Subscriber's designated email address, Divinsa may modify these terms and conditions. Subscriber's continued use of the Service after the effective date of such modifications shall constitute acceptance of such modified terms and conditions. No provision or condition in any purchase order, confirmation, letter or other communication from or on behalf of the Subscriber which is in any way inconsistent with, or purports to add to, the provisions of this Agreement shall have any legal effect. Neither the course of conduct between parties nor trade practice shall act to or modify the provisions of this Agreement.


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