The Company may revise these Terms by posting a modified version of the Terms, including the new effective date. If the Company makes any material changes to the Terms, Customer will receive reasonable notice prior to the new Terms taking effect. By continuing to access or use the Services after the posting of any modified Terms, the Customer agrees to be bound by such modified Terms. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. Customer may not transfer or assign any of its rights or obligations under these Terms without the Company’s prior written consent; provided, however, that Customer may assign these Terms to an acquirer of all or substantially all of the business of Customer, whether by merger, asset sale or otherwise. No agency, partnership, joint venture, or employment is created as a result of Customer’s agreement to these Terms and Customer does not have any authority of any kind to bind Company in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. Customer is responsible for maintaining current customer information in its Account, as Company may provide notices to Customer through electronic mail to the e-mail address on record in Customer’s Account. Company may include Customer’s name and logo in its customer lists and on its website. These Terms shall be governed by the laws of the State of Wyoming without regard to its conflict of laws provisions.
The Company’s “Terms of Use” and “Privacy Policy” can be foundat https://www.spendoso.com/legal/tou and https://www.spendoso.com/legal/privacy, respectively, and are hereby incorporated herein by reference. To the extent that the Company processes any Personal Information (as defined in the Data Processing Agreement, which can be found at https://www.spendoso.com/legal/dpa the “DPA”) contained in the Data subject to the Data Protection Legislation (as defined in the DPA), the DPA shall apply to such processing. These Terms and any policies expressly referenced and incorporated into these Terms constitute the entire agreement and understanding between the Company and the Customer relating to the subject matter herein, and these terms shall supersede any prior discussions, proposals or agreements between the Company and the Customer relating to the subject matter herein.
