Export Compliance. The Services, other technology the Company makes available, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied-party list. The Customer shall not permit Users to access or use Services in a U.S.-embargoed country or in violation of any U.S. export law or regulation.Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.Waiver. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.Attorney Fees. The Customer shall pay on demand all of the Company's reasonable attorney fees and other costs incurred by the Company to collect any fees or charges due the Company under this Agreement following the Customer's breach of Section 3 (Invoicing and Payment).Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its entirety (including all Order Forms), without consent of the other party, to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this Section shall be, at the non-assigning party’s election, termination of this Agreement upon written notice to the assigning party. In the event of such a termination, the Company shall refund to the Customer any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.Counterparts. Any Order Form or other non-electronic form of any document in this Agreement may be executed (a) in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument, and (b) via a recognized electronic signature service (e.g., Docusign) or may be delivered by facsimile transmission, or may be signed, scanned and emailed to a Party, and any such signatures shall be treated as original signatures for all applicable purposes.Entire Agreement. This Agreement, along with any executed Order Form(s), constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, understandings, and negotiations, both written and oral, between the parties with respect to the subject matter of this Agreement.Privacy Compliance and Data Handling for 'ola!'. In adherence to LinkedIn’s API Terms of Use, OLA Solutions ensures that 'ola!' only accesses LinkedIn Profile API for legitimate, approved functionalities, aligned with LinkedIn’s mission to foster professional productivity and success. 'ola!' does not store any user data and is transparent about its data access practices with clear opt-out instructions for users. The access to LinkedIn’s API is geared towards utilizing publicly available data on LinkedIn without requiring user authentication. 'ola!’s compliance with LinkedIn’s Marketing Developer Platform terms of service and other relevant LinkedIn guidelines ensures a high-quality user experience that honors members’ choice and control over their personal data. OLA Solutions will promptly communicate any changes to its data handling practices to users, in line with the commitments set forth in this Agreement, ensuring the privacy standards are upheld. Furthermore, 'ola!' complies with the requirement of not using, selling, transferring, or processing Content for advertising purposes, and abides by the API call limits set by LinkedIn. Any storage of Content aligns with LinkedIn’s stipulations, only retaining it to the extent and duration necessary to provide its services to the users, with no third-party access to stored data. This compliance reaffirms OLA Solutions' commitment to legal, ethical, and transparent operations in sync with LinkedIn's policies, safeguarding user data privacy and the professional ecosystem.
