TERMS OF SERVICE

Definitions

For the purpose of these Terms of Service, the following definitions shall have the following meanings:

"Customer": any natural or legal person who enters in a contractual relationship with Convinced, acting for purposes within its business or professional activity. Further also referred to as “you” or “your”.

ii.

“Contract”: Every contract in which Convinced commits to provide services to the Customer and where the Customer commits to pay for these Services.

iii.

“Party/Parties”: Convinced and/or the Customer.

iv.

“Services”: All services that are the subject matter of one or more Contracts.

“Terms of Service”: the present document entitled “Terms of Service - Convinced”

vi.

“Website”: the website <weareconvinced.com> as a whole.

Identification

The Website and the related services are offered by:

Convinced bvba (hereafter: “Convinced” and “We”)
Louizalaan 54
1050 Elsene
Belgium
VAT BE 0663.760.211

Email:
Phone:

Application of the Terms of Service

3.1

The Terms of Service give an indication to the Customer of our way of working.
By using the Website, the Customer accepts these Terms of Service, as well as all other rights and obligations as stated on the Website.

3.2

These Terms of Service are applicable, except in the case of an explicit derogation. An explicit derogation is only valid when it is the result of a mutual agreement that is recorded in writing. Explicit derogations are only valid when they replace or supplement the clauses they relate to. These derogations do not affect the applicability of other provisions of the Terms of Service.

3.3

Convinced reserves the right to amend and/or supplement the Terms of Service in the future. Any future changes will have no effect on existing product orders and consequential agreements.

Offer and Acceptance

4.1

Our online offer is presented with the utmost care. Convinced provides information about the features of the Services, including descriptions based on information we receive from our partners and suppliers. We provide this information to the extent technical resources permit us.

4.2

Our online offer is presented as an invitation to purchase. Convinced is not bound by its online offer. We reserve the right to attach particular conditions to a specific offer, such as a limited duration.
The Customer can rest assured that these particular conditions are only applicable when explicitly communicated prior to the order placement.

4.3

Convinced retains the possibility to refuse the sending of an order confirmation email or to unilaterally reject an order placement by means of an explicit statement. Convinced will inform the Customer and will (where possible) propose a similar Service if the initial order cannot be executed or can only be partially executed. There is no Contract if Convinced refuses the order or if the Customer does not agree with the proposed alternatives.

4.4

The Parties expressly acknowledge that the use of different types of electronic communications, such as email, give rise to a valid Contract. This is fully consistent with the Belgian Code of Economic Law. Within the limits of what is permitted by law, Convinced can make use of all electronic files available to prove the existence of the Sales contract. An ordinary digital or electronic qualified signature is not an essential requisite proof.

Services

5.1

Convinced shall perform its task within the framework of the performance of the Contract to the best of its ability and will take into account the technical instructions and guidelines it receives from the Customer in accordance with theTerms of Service.

5.2

Then Services shall be developed and/or delivered by Convinced in the state in which they are at the moment of delivery (as is), and therefore with all visible and invisible errors and defects.

5.3

Under no circumstances does Convinced warrant the suitability or marketability of the Services for the performance of specific tasks envisioned by the Customer unless said tasks are explicitly covered in the Terms of Service and/or the description of the functional specifications.

5.4

Convinced does not warrant that any intervention by Convinced will allow the resolution of the problem arising or that the alleged problem will no longer occur after its intervention, or that no other difficulties shall arise as a result of this correction.

5.5

The performance is rendered by Convinced with all due care that can be reasonably expected in accordance with the state of the art and the best practices of the sector

5.6

The Parties acknowledge and accept that the success of activities in the field of information and communication technology depends on timely cooperation. TheCustomer shall at all times promptly grant all reasonable cooperation desired by Convinced.

5.7

Convinced provides the Services within the limits of this Contract and the information provided by the Customer. The Customer warrants the accuracy, timeliness and completeness of the information it provides, stated dimensions, requirements, specifications of the Services and other data crucial to allow Convinced to fulfil the obligations under this Contract. The Customer indemnifies Convinced for all damages resulting from incorrect, late or incomplete provision of information.

5.8

The Customer shall provide Convinced with all information, technical or general documentation or other explanatory material necessary for the Services.

5.9

Under normal circumstances, the Customer shall at all times bear the end responsibility for the running projects of which the consultancy Services ofConvinced may be a part. Convinced is not responsible for incorrect, missing, late or conflicting instructions of the Customer.

Pricing

6.1

All prices are indicated in EURO and exclude VAT and other taxes. The individual price does not include the costs of delivery and other additional costs. Convinced will communicate these costs.

6.2

We have the right to change our prices at any time but commit to always apply the prices that was indicated on our Website at the time of your order. Price changes that are due to changes in VAT rates will be borne by the Customer.

Force Majeure

7.1

Force majeure exists if either Party is, wholly or partially, prevented to accomplish its obligations towards the other Party by circumstances beyond its control. In this case neither Party is obliged to fulfil its obligations. Parties may suspend its obligations for the duration of the force majeure.

7.2

If a situation of Force Majeure lasts longer than sixty (60) calendar days, either Party is entitled to rescind the Contract in writing. In that event, all performances already rendered under the Contract will be settled in proportion to the state of completion, without the Parties owing anything to each other beyond this proportionate compensation.

Liability

8.1

The liability that Convinced may incur is derived from a best effort obligation that in cases of claim must be appropriately demonstrated by the Customer.

8.2

Insofar as maximally permitted by applicable law, the total liability Convinced based on attributable failure in the fulfilment of the Contract is limited to the reimbursement of direct damages up to a maximum of the compensation owed by the Customer for the specific Services that gave rise to the damages (excludingVAT).

8.3

Under no circumstances shall Convinced be liable for (i) indirect, incidental or consequential loss, including but not limited to financial or commercial losses, loss of profit, increase of general expenses, missed savings opportunities, diminished goodwill, damages resulting from business stoppage, damages resulting from claims of customers of the Customer, disruptions in scheduling, loss of expected profit, loss of capital, loss of customers, missed opportunities, loss of information, loss of advantages, or compromising and loss of files resulting from the performance of the present Contract, (ii) damages resulting from error or negligence of the Customer, (iii) compensation of any direct and indirect damages caused by the use of the result of the Services, (iv) compensation of any direct and indirect damages caused in whole or in part by software or hardware supplied or created by third parties, or any other element introduced into the Customer’s business after the signing of the Contract, and (v) all claims of third parties brought against the Customer.

Protection of Personal Data

9.1

Each Party must at all times adhere to its respective obligations under applicable law in regards to the processing of personal data in connection with personal data that is to be processed pursuant to this Contract. The Customer undertakes to refrain from granting Convinced access to personal data within the framework of the Contract, except when the performance of the Contract would be impossible without such access. The Customer undertakes in such a case only to grant access to the personal data that are strictly necessary for the execution of the Contract. The Customer remains solely responsible for the determination of the objectives for which Convinced processes personal data pursuant to theContract. For the sake of clarity, the Parties acknowledge that the Customer acts as the party responsible for the data processing, and Convinced acts as the processor of the personal data that must be stored, used or otherwise processed for the offices of this Contract, as these terms are defined in the legislation governing the processing of personal data. All costs related to and/or resulting from the application and/or implementation of the legislation with respect to the processing of personal data will be exclusively borne by the Customer.

9.2

The Customer declares that it has obtained all approvals necessary for the use and processing of the personal data transferred to Convinced for the purposes of the Contract, and the Customer further warrants that the content, use and/or processing of the personal data is not wrongful and does not violate the rights of third parties.

Intellectual Property

10.1

'Convinced’ is a EU-registered trademark. This means that ‘Convinced’ is protected and may not be used without consent of the trademark owner.

10.2

Convinced retains all intellectual property and other related rights with regard to the Website and the name. The intellectual property rights include copyrights, trademarks, design rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable. The Customer is not allowed to make use of any of our intellectual property rights and/or to make changes in the presentation of these rights as described in this article, unless this is necessary for private use of our Service.

Applicable Law and Court of Competent Jurisdiction

11.1

These Terms of Service shall be governed and interpreted exclusively in accordance withBelgian law. All offers and Sales Contracts are governed exclusively by Belgian law.

11.2

In the event of any dispute regarding the execution or interpretation of these Terms of Service, Convinced will do everything in its power to find an amicable solution. In the absence of an amicable solution, the dispute may be submitted to an arbitration and mediation centre (such as CEPANI).

11.3

All disputes relating to or arising from offers made by Convinced, or Contracts concluded with it, will be submitted to the courts of the judicial district where are headquarters are located.

PRIVACY
POLICY

The website URL (hereafter: the “Website”)is offered by:

Convinced bvba (hereafter: “Convinced” and “We”)
Louizalaan 54
1050 Elsene
Belgium
VAT BE 0663.760.211

Email:
Phone:

Why This Privacy Policy?

Every person who visits or uses the Website (hereafter: the “Visitor”) as well as every person who relies on our services (hereafter: the “Customer”) will in most cases disclose a certain amount of personal data. The personal data is information which allows Convinced to identify you as a natural person, regardless of whether we actually do this. You are identifiable as soon as it is possible to create a direct or indirect link between one or more data and you as a natural person. The Visitor and the Customer are hereinafter also jointly referred to as the "Data Subject".

We only use and process your personal data in accordance with the GDPR and any replacement legislation, or any similar regulation under any applicable law, and any regulatory requirements or codes of practice governing the use, storage or transmission of personal data. Every reference in this Privacy Policy to the ‘GDPR’ is a reference to the Regulation of 27 April 2016 on the Protection of Natural Persons with regard to theProcessing of Personal Data and on the Free Movement of such Data (General DataProtection Regulation).

Through this Privacy Policy, every User of the Website is informed of the processing activities Convinced may carry out with his or her personal data. Convinced reserves the right to modify this Privacy Policy at all times. Every substantial change will be clearly communicated towards the User. We advise you to consult this document regularly.

Who is Responsible for the Protection of Personal Data?

2.1

Convinced is responsible for the processing and decides alone or in cooperation with others which personal data is being collected as well as the purposes and the technical and organisational means with regard to the processing of this personal data. Convinced has taken appropriate technical and organizational measures to protect the personal data of its Visitors and Customers. Convinced uses various adequate security technologies and procedures to protect your personal data against unauthorized access, use or disclosure. Convinced ensures that your personal data is stored safely in a controlled environment.

2.2

Convinced is free to rely on data processors. A processor is the natural or legal person who processes your personal data upon request and on behalf of the data controller. The processor is required to ensure the security and confidentiality of the data. The processor shall always act on the instructions of the data controller.

Convinced relies on the following categories of "processors":

Companies we have engaged for marketing purposes;
Companies we have engaged for ICT technical support and hosting purposes;
Companies we have engaged for administrative purposes (e.g. CRM system);
Companies we have enabled for communication purposes (e.g. live chat on the website);
Companies we have engaged for logistic purposes (e.g. order picking, delivery, etc.);
Companies we have engaged for analytical purposes;
Companies we have engaged for payment purposes.

With a view to the optimal protection of the personal data of our Customers, we have made the necessary contractual arrangements with the aforementioned data processors to ensure that they apply the highest privacy standards. In any event, data processors shall be required to ensure the security and confidentiality of the personal data.

On What Legal Grounds is Your Personal Data Processed?

In accordance with the GDPR we process personal data on the following legal grounds:

On the basis of the execution of the contract agreed upon with the Customer or the execution of pre-contractual steps taken at the request of the Data Subject; or
On the basis of compliance with legal or regulatory provisions with regard to the management of the contractual relationship with the Customer, invoicing in particular;
On the basis of our legitimate interest in responding to information requests from Visitors and Customers;
On the basis of our legitimate interest in sending promotional offers (direct marketing) to our Customers;
On the basis of the explicit consent to send promotional offers (direct marketing) to Visitors.

Which Personal Data is Processed?

Convinced commits to only collect and process your personal data in a way that is adequate, relevant and limited to what is necessary for the purposes for which they are processed.

How much and what personal information Convinced collects about you depends on your use of the Website and/or of our services. The collection of personal data will be further expanded as more intensive use is made of our Website and our services. In general, Customers will provide more personal data than Visitors. The following categories of personal data are processed by Convinced:

Customers:

Personal identification data (name, first name, address);
Contact details (telephone number and e-mail address);
Financial identification data (bank details);

This personal data is collected when the Customer places an order via our Website. Other personal data may be collected at a later date, for example in the context of our after-sales service.

Visitors:

Electronic identification data (IP address, location, cookies);
Financial identification data (bank details);

This personal data is collected when you visit our Website and, in particular, when you fill out and submit our contact form.

For Which Purposes is Your Personal Data Used?

The liability that Convinced may incur is derived from a best effort obligation that in cases of claim must be appropriately demonstrated by the Customer.
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Convinced commits to solely process your personal data for the following purposes:

Customers:

Customer management: customer administration, order management, deliveries, invoicing, checking creditworthiness, support and complaint monitoring.
Personalized marketing and advertising. In that case, the Customer is always entitled to unsubscribe.

The Data Subject's personal data may also be used for the following purposes:

Dispute management.
Protection against fraud and criminal offences.

We also use cookies in order to recognise the (IP address of) Visitors and to offer them a personalised user experience, to remember technical choices and to detect and correct any errors which might be present on the Website. For more information concerning the use of cookies, we kindly refer you to our Cookie Policy.

When visiting the Website, some data is being collected for statistical purposes. Such data is necessary to optimise your user experience. It concerns the following data: probable location of consultation, hour and day of the consultation and the pages which are being consulted, etc. In order to protect your privacy in the best possible way, this data is always anonymized.

The User provides the personal data to Convinced himself and therefore retains a certain degree of control. Convinced reserves the right to suspend or cancel certain operations if the required personal data is missing, incorrect or incomplete.

Who Recieves Your Personal Data?

Your personal data will only be processed for internal use within Convinced. Your personal data will not be sold, passed on or communicated to third parties, unless you have given us your explicit consent beforehand, or if the transmission is necessary for the execution of the agreement or is legally required.

How Long Do We Store Your Personal Data?

Your personal data is stored as long as necessary to achieve the purposes pursued. Your personal data will be erased from our database as soon as it is no longer necessary for the purposes pursued or if you validly exercise your right to erasure.

What Are Your Rights?

8.1

Guarantee of a legitimate and secure process of your personal data

Your personal data is solely processed for the legitimate purposes explained in point 5. Your personal is collected and processed in an appropriate, relevant and non-excessive manner, and is not kept longer than necessary to achieve the intended purposes.

8.2

Right to access

‍If you can prove your identity, you have the right to obtain information about the processing of your personal data. Thus, you have the right to know the purposes of the processing, the categories of personal data concerned, the categories of recipients to whom the personal data is transmitted, the criteria used to determine the data retention period, and the rights that you can exercise on your personal data.

8.3

Right to rectification of your personal data

‍Inaccurate or incomplete personal data may be corrected.It is primarily the responsibility of the User to give us the right information, but you can request us in writing to rectify your personal data.

8.4

Right to erasure (or “right to be forgotten”)

‍You also have the right to obtain the erasure of your personal data under the following assumptions:

Your personal data is no longer necessary for the intended purposes;
You withdraw your consent to the processing and there is no other legal ground for processing;
You have validly exercised your right of opposition;
Your personal data has been illegally processed;
Your personal data must be deleted to comply with a legal obligation.

The deletion of personal data is mainly related to visibility; it is possible that the deleted data are still temporarily stored.

8.5

Right to limitation of processing

‍In certain cases, you have the right to request the limitation of the processing of your personal data, especially in case of dispute as to the accuracy of the data, if the personal data is necessary in the context of legal proceedings or the time required to Convinced to verify that you can validly exercise your right to erasure.

8.6

Right to object

‍You have the right to object at any time to the processing of your personal data for direct marketing purposes. Convinced will stop processing your personal data unless it can demonstrate that there are compelling legitimate reasons for the processing which prevail over your right to object.

8.7

Right to data portability

‍You have the right to obtain any personal data which you have provided us in a structured, commonly used and machine readable format. At your request, this data may be transferred to another provider unless it is technically impossible

8.8

Right to withdraw your consent

‍You may withdraw your consent to the processing of your personal data at any time, for example for direct marketing purposes.

9
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How to Exercise Your Rights?

If you wish to exercise your rights, you must send a written request and proof of identity by registered mail to Convinced, “Address”or by email to “E-mail”. We will respond as soon as possible, and no later than one (1) month after receipt of the request.

Possibility to Lodge a Complaint

If you have any comments or complaints about the way in which we handle your personal data, we ask you to report them to us first.In this way, we can reach an amicable solution by mutual agreement

If, after this notification, you are still not satisfied with the processing of your personal data by Convinced, you have the right to lodge a complaint with the competent Data Protection Authority (for Belgium: https://www.dataprotectionauthority.be/).

COOKIE
POLICY

Cookies

A cookie is a small text file that is placed on the hard disk of your computer or mobile device when you visit a website. The cookie is placed on your device by the website itself ("first party cookies") or by partners of the website ("third party cookies"). The cookie identifies your device by a unique identification number when you return to the website and collects information about your browsing behaviour.

There are different types of cookies. We distinguish the following cookies according to their purposes: there are essential or strictly necessary cookies and non-essential cookies (functional, analytical and targeting cookies)

The Belgian Act concerning the Electronic Communication of 13 June 2005 contains some provisions about cookies and the use thereof on websites. The Belgian implementation is deduced of the European e-PrivacyDirective, which implies that the cookie usage and the cookie legislation is regulated differently in every European country. Convinced is a Belgium-based website and therefore follows the Belgian and European legislation on cookies.

Goals and Utilities of Cookies

By using the website, the visitor may agree to the use of cookies. Cookies help Convinced to optimize your visit to the website and to provide you with an optimal user experience. However, you are free to delete or restrict cookies at any time by changing your browser settings (see "Management of cookies").

Disabling cookies can have an impact on the functioning of the website. Some of the site's features may be restricted or inaccessible. If you decide to disable cookies, we cannot guarantee you a smooth and optimal visit to our website.

Types of Cookies Used by Convinced

We distinguish the following types of cookies, according to their purposes:

Essential/ Strictly necessary cookies:
‍These cookies are necessary for the website to function and cannot be disabled in our systems. They are usually only set up in response to your actions, such as setting up your privacy preferences, logging in or filling in forms. They are necessary for a good communication and they facilitate navigating (for example, returning to a previous page, etc.).
Non-essential cookies:
‍These cookies are not necessary for the website to function, but they do help us to offer an improved and personalized website.
Functional cookies:
These cookies enable the website to offer improved functionality and personalization. They can be set up by us or by external providers whose services we have added to our pages.

Analytical cookies:
With these cookies, we can track visits and traffic so that we can measure and improve the performance of our site. They help us to determine which pages are the most and the least popular and how visitors move through the site.

Targeting/ advertising cookies:
‍These cookies can be set by our advertising partners via our site. They can be used by those companies to create a profile of your interests and show you relevant ads on other sites.

We use two types of cookies, namely our own cookies (‘first party cookies’) and cookies of carefully selected partners (‘third party cookies’).

Carefully read our PrivacyPolicy [URL] for more information concerning the processing of personal data by Convinced.

First Party Cookies:

Third Party Cookies:

Managed Cookies

Make sure that cookies are enabled in your web browser. If you want to consult the website of Convinced, it is recommended you enable cookies. However, you are free to disable cookies in your browser settings if you wish to do so.

To enable or disable cookies, you must change your browser settings (via the "preferences" or"options" tab). The following links will give you more information on how to manage your cookies. You can also consult the "help" tab of your browser.

Rights of the Visitors

‍Since cookies may constitute a processing of personal data, you as a data subject have the right to the lawful and secure processing of personal data. More information about the way in which we collect and process your personal data, as well as about your rights, can be found in our Privacy Policy.

Contact

Should you still have questions or comments about cookies after reading this Cookie Policy, you can always contact us via (e-mail address).

DISCLAIMER

Who We Are

The website URL (hereafter: the “Website”) is an initiative of:

Convinced bvba (hereafter: “Convinced” and “We”)
Louizalaan 54
1050 Elsene
Belgium
VAT BE 0663.760.211

Our Website

2.1

Proper functioning, safety and accessibility
‍
Convinced offers a user-friendly Website that is safe for every user. We take all reasonable and necessary measures to ensure the proper functioning, safety and accessibility of our Website. Yet we cannot give you an absolute guarantee on this matter. We are bound by an obligation of means only.

Any use of the Website is entirely at your own risk. We are not liable for damages resulting from mal functions, interruptions, defects, harmful elements or other problems on or within our website, regardless of the existence of force majeure or other extraneous events.

We have the right to restrict and/or interrupt fully or partially the access to our Website, at any time and without prior warning. We will only take such measures if this is justified by the circumstances, without this being in any way a condition to be covered.

2.2

Content on our Website

We largely determine which content is available on our Website. We apply great care in this respect and make every effort to provide high quality information. We therefore take all necessary steps to keep our Website as complete, accurate and current as possible, even when the information is provided by third parties. We are always permitted to change, add or delete the content on our Website.

Despite our considerable attention, we are not able to guarantee the quality of the information available on our Website. It is possible that the information is not correct, not sufficiently accurate and/or not useful. We are not liable for (direct and indirect) damages which the user may suffer as a result of the information on our Website.

We ask you to notify us as soon as possible if you notice the content on our Website violates applicable laws and/or third party rights or is simply not acceptable. We will then take all the appropriate measures, which can include the partial or total removal of the information.

Our Website contains content that can be downloaded. You understand and agree that every download from our Website is at your own risk and that damages resulting from loss of data or damage to the computer system are your entire and sole responsibility.
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2.3

What we expect from you as a User

The user bears some responsibility for the way we offer our Website. This means that you should refrain from acts that have a deleterious impact on the proper operation and security of the Website or on its use. For example, the Website cannot be used to circumvent our business model and/or to gather information from other users.

It is therefore forbidden to distribute content via our Website that (may) damage(s) other users of the Website. We may think at the spread of malicious software, computer viruses, malware, worms, trojans and cancelbots. The proliferation of unsolicited and/or commercial messages via the Website, such as junk mail, spam and chain letters, is also targeted.

We reserve the right to take all necessary (judicial and extrajudicial) actions that may offer appropriate remedies to the affected parties. The user is solely responsible for all actions exerted on the Website that cause damages to the Website and/or to other users. If this occurs, the user has the obligation to keep Convinced harmless and indemnified from all claims that may arise.

Links to other websites

Our Website may contain or provide hyperlinks or pointed to other websites and/or electronic communication portals maintained by third parties or may provide third party content on our Website by framing or other methods. Such a reference being made on our Website does not mean that there is any connection between our Website and these third-party websites nor that we (implicitly) agree with the content of those sites.

We do not guarantee or assume any liability for the accuracy, legality, completeness or quality of the content of external websites linked to on our Website or of other electronic communications portals that are not under our actual control. These references are therefore to click at your own risk and responsibility. We are not liable for any damage resulting therefrom.

These external websites do not offer the same guarantees as we do. We therefor recommend you to carefully read the terms and conditions and privacy statement of these other websites.

Intellectual Property Rights

Creativity deserves protection; so does our Website and its content. Such protection is provided by intellectual property rights and is entitled to all parties, i.e. Convinced and third parties. Content means the very broad category of photos, video, audio, text, ideas, notes, drawings, articles, et cetera. This content is protected by copyright, software rights, database rights, designs and models rights, and other applicable (intellectual property) rights. The technical nature of our Website is protected by copyright and by the rights on software and databases. Each trade name that we use on our Website is protected by trademark law.

Each user receives a limited right to access, use and display our Website and its content. This right is granted in a non-exclusive and non-transferable manner and can only be used within a personal, non-commercial context. We ask our users not to create nor to bring changes to the intellectual property rights as described in this article without the consent of the owner. Convinced attaches great importance to its intellectual property rights and has taken all possible measures to ensure its protection. We will take legal actions against any infringement of existing intellectual property rights.

Processing of Personal Data

The personal information you provide is necessary for a good service. Entering incorrect or false personal data is considered a violation of our Disclaimer and our Privacy Policy. User’s personal data are exclusively processed in accordance with the applicable Privacy Policy which can be consulted via our Website.

General Provisions

We reserve the right to change, limit or discontinue our Website and related services at anytime and to any extent. We may do so without noticing the user. This does not give rise to any form of compensation.

This Disclaimer shall be exclusively governed by and interpreted in accordance with Belgian law. Any dispute arising under or relating to the services of Convinced shall come under the jurisdiction of the competent court of the judicial district where are headquarters are located.

If a provision of this Disclaimer is deemed invalid, the invalidity of such provision shall not affect the validity and enforceability of the remaining provisions of the Disclaimer, which shall remain in full force and effect. We retain the right to propose a valid modification of the disputed clause(s).
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