These Terms of Service (the “Agreement”) are an agreement between Brandt Interactive LLC (“Brandt Interactive LLC” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Brandt Interactive LLC and of the Brandt Interactive website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
1. Additional Policies and Agreements
A. Use of the Services is also governed by the Acceptable Use Policy, which is incorporated by reference. By using the Services, you also agree to the terms of the Acceptable Use Policy.
B. Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable.
2. Account Eligibility
A. By registering for or using the Services, you represent and warrant that:
i. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
ii. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
B. It is your responsibility to provide accurate, current, and complete contact information including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. Brandt Interactive LLC is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If
you need to verify or change your contact information, please contact our sales team via email. Providing false contact information of any kind may result in the termination of your account.
C. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
D. Brandt Interactive LLC reserve the right to change your IP address if necessary for site maintenance or server configuration and send the new IP address to the primary email address we have on file.
3. Transfers Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. Transfers will incur a charge; please contact a member of Brandt Interactive LLC to receive a price quote. In no event shall Brandt Interactive LLC be held liable for any lost or missing data or files resulting from a transfer to or from Brandt Interactive LLC. You are solely responsible for backing up your data in all circumstances.
4. Brandt Interactive LLC Content Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Brandt Interactive LLC Content”), are the proprietary property of Brandt Interactive LLC or Brandt Interactive LLC’s licensors. Brandt Interactive LLC Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to
derive source code or other trade secrets from any Brandt Interactive LLC Content. Any use of Brandt Interactive LLC Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Brandt Interactive LLC Content. All rights to use Brandt Interactive LLC Content that are not expressly granted in this Agreement are reserved by Brandt Interactive LLC and Brandt Interactive LLC’s licensors.
5. User Content
A. You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Brandt Interactive LLC that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to Brandt Interactive LLC a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Brandt Interactive LLC does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
B. Brandt Interactive LLC exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Brandt Interactive LLC’s computers, network hubs and points of presence or the Internet. Brandt Interactive LLC does not monitor User Content. However, you acknowledge and agree that Brandt Interactive LLC may, but is not obligated to, immediately take any
corrective action in Brandt Interactive LLC’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Brandt Interactive LLC shall have no liability due to any corrective action that Brandt Interactive LLC may take.
6. Third Party Products and Services
A. Third Party Providers Brandt Interactive LLC may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
Brandt Interactive LLC does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Brandt Interactive LLC is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
B. Brandt Interactive LLC as Reseller or Licensor Brandt Interactive LLC may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“NonBrandt Interactive LLC Products”). Brandt Interactive LLC shall not be responsible for any changes in the Services that cause any Non-Brandt Interactive LLC Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of NonBrandt Interactive LLC Products, either sold, licensed or provided by Brandt Interactive LLC to you will not be deemed a breach of Brandt Interactive LLC’s
obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Brandt Interactive LLC Product are limited to those rights extended to you by the manufacturer of such Non-Brandt Interactive LLC Product. You are entitled to use any Non-Brandt Interactive LLC Product supplied by Brandt Interactive LLC only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Brandt Interactive LLC Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Brandt Interactive LLC Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
C. Third Party Websites The Services may contain links to other websites that are not owned or controlled by Brandt Interactive LLC (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
7. Prohibited Persons (Countries, Entities, And Individuals). The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, Brandt Interactive LLC
also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country.
8. Account Security and Brandt Interactive LLC Systems.
A. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
B. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Brandt Interactive LLC may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
C. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Brandt Interactive LLC may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
D. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by Brandt Interactive LLC of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, Brandt Interactive LLC may clean-up your account for an additional fee.
E. Brandt Interactive LLC reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
9. HIPAA Disclaimer. We are not “HIPAA compliant.” You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Brandt Interactive LLC does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Brandt Interactive LLC is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.
10. Compatibility with the Services
A. You agree to cooperate fully with Brandt Interactive LLC in connection with Brandt Interactive LLC’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Brandt Interactive LLC is not responsible for any delays due to your failure to timely perform your obligations.
B. You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Brandt Interactive LLC to provide the Services, which may be changed by Brandt Interactive LLC from time to time in our sole discretion.
C. You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Brandt Interactive LLC does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
11. Billing and Payment Information
A. Prepayment. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
B. Autorenewal. Unless otherwise provided, you agree that until and unless you notify Brandt Interactive LLC of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services.
C. Taxes. Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Brandt Interactive LLC’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
D. Late Payment. All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Brandt Interactive LLC may suspend or terminate your account and pursue the collection costs incurred by Brandt Interactive LLC, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Brandt Interactive LLC will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
E. Domain Payments. Domain renewal notices may be provided as a courtesy reminder and Brandt Interactive LLC is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal.
F. Fraud. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Brandt Interactive LLC may report any such misuse or fraudulent use, as determined in Brandt Interactive LLC’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
G. Invoice Disputes. You have ninety (30) days to dispute any charge or payment processed by Brandt Interactive LLC. If you have any questions concerning a charge on your account, our billing department directly for assistance.
12. Cancellations and Refunds
A. Non-refundable Products and Services. There are no refunds on administrative fees, and install fees for custom software.
B. Cancellation Process. You may terminate or cancel the Services by giving Brandt Interactive LLC written notice. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation
Once we receive your cancellation notice and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files,
emails, and account may be removed immediately and permanently after a cancellation request is processed.
C. Domains. Domain registration is your responsibility.
D. Foreign Currencies. Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Brandt Interactive LLC is not responsible for any change in exchange rates between the time of payment and the time of refund.
E. Termination Brandt Interactive LLC may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Brandt Interactive LLC or others or cause Brandt Interactive LLC or others to incur liability, as determined by Brandt Interactive LLC in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Brandt Interactive LLC shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Brandt Interactive LLC may charge you for all fees due for the Services for the remaining portion of the then current term. UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
13. CPU, Bandwidth and Disk Usage
A. Permitted CPU and Disk Usage. All use of hosting space provided by Brandt Interactive LLC is subject to the terms of this Agreement and the Acceptable Use Policy.
i. Hosting space may only be used for web files, active email and content of User Websites. Hosting space may not be used for storage (whether of
media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Brandt Interactive LLC expressly reserves the right to review every account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Brandt Interactive LLC may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Brandt Interactive LLC’s terms and conditions.
14. Price Change Brandt Interactive LLC reserves the right to change prices, the annual payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice
15. Limitation of Liability IN NO EVENT WILL BRANDT INTERACTIVE LLC ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF BRANDT INTERACTIVE LLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BRANDT INTERACTIVE LLC’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BRANDT INTERACTIVE LLC FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
16. Indemnification You agree to indemnify, defend and hold harmless Brandt Interactive LLC, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses,
liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
17. Independent Contractor Brandt Interactive LLC and User are independent contractors and nothing contained in this Agreement places Brandt Interactive LLC and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
18. Governing Law; Jurisdiction Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Colorado. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
19. Disclaimer Brandt Interactive LLC shall not be responsible for any damages your business may suffer. Brandt Interactive LLC makes no warranties of any kind, expressed or implied for the Services. Brandt Interactive LLC disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Brandt Interactive LLC or our employees.
20. Backups and Data Loss Your use of the Services is at your sole risk. Brandt Interactive LLC does not maintain backups of dedicated accounts. Brandt Interactive LLC is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Brandt Interactive LLC’s servers.
21. Limited Warranty THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, BRANDT INTERACTIVE LLC AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. BRANDT INTERACTIVE LLC AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. BRANDT INTERACTIVE LLC AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
22. Disclosure to Law Enforcement Brandt Interactive LLC may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
23. Entire Agreement. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
24. Headings. The headings herein are for convenience only and are not part of this Agreement.
25. Changes to the Agreement or the Services
A. Brandt Interactive LLC may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Brandt Interactive LLC website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
B. Brandt Interactive LLC reserves the right to modify, change, or discontinue any aspect of the Services at any time.
26. Severability If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
27. Waiver No failure or delay by you or Brandt Interactive LLC to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
28. Assignment; Successors You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Brandt Interactive LLC. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Brandt Interactive LLC may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
29. Force Majeure Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
30. Third-Party Beneficiaries Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a thirdparty product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.