GSMA LTD., WITH A REGISTERED OFFICE AT 165 OTTLEY DRIVE, SUITE 150, ATLANTA, GEORGIA, UNITED STATES, 30324, A WHOLLY OWNED SUBSIDIARY OF THE GSM ASSOCIATION, WELCOMES YOU TO GSMA Tech4Girls EQUALS (THE ”EVENT“), VIA URL, (THE ”WEBSITE“) HOSTED ON THE EDUKADU PLATFORM (THE ”PLATFORM“) OPERATED BY SONLINE LLC (THE ”HOST“). GSMA LTD. AND ITS AFFILIATES (TOGETHER ”GSMA“) PROVIDE THE EVENT TO YOU, (COLLECTIVELY ”YOU“ OR THE ”REGISTRANT“), SUBJECT TO THESE ATTENDEE TERMS & CONDITIONS (”TERMS“). THESE TERMS ARE ENTERED INTO BY AND BETWEEN GSMA AND YOU, AND YOU ACCEPT THEM AND AGREE TO BE BOUND BY THEM BY: (a) CLICKING A BOX DURING EVENT REGISTRATION INDICATING YOUR ACCEPTANCE; OR (B) REGISTERING FOR THE EVENT VIA THIS WEBSITE; OR (C) BY USING OR ACCESSING THE EVENT WEBSITE OR PLATFORM OR ATTENDING THE PHYSICAL EVENT (THE ”REGISTRATION ACTIVITIES“).
If You are registering on behalf of yourself, your employer or a third party, You represent and warrant that You are at least 18 years old and are authorised to accept these Terms on behalf of each person that You register, and that each person You register agrees to be bound by these Terms and agrees to indemnify GSMA for violation of these Terms. You also represent and warrant that You have registered to attend the Event having only used a registration code that you are actually authorised to use.
If you are under the age of 18 (a ”Minor“) or the parent/guardian of a Minor, then Appendix A below applies to your booking and participation in the Event. You may only participate in the Event if the requirements set forth in Appendix A to these Terms are complied with.
GSMA Ltd., the Event organizer, is a United States based organization that must comply with U.S. sanctions law. You represent and warrant that neither You, nor any person or entity for whom You are registering: (i) are currently on the U.S. Department of the Treasury‘s Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons List (including terrorists and narcotics traffickers) (the ”OFAC List“); (ii) are affiliated with any entity or organization on the OFAC List; nor (iii) are on any similar restricted party listings, including those maintained by other governments pursuant to applicable United Nations, regional or national trade or financial sanctions. If You or any person, entity or organization with which you are affiliated are added to any such restricted party list prior to the Event, then You must notify GSMA immediately. The OFAC List is located here: http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx. GSMA utilizes World-Check to process Your data to validate compliance with U.S. and other international sanctions laws. GSMA may cancel and/or terminate these Terms and Your access to the Event and/or Services without penalty or liability if GSMA reasonably believes it is necessary to do so in order to comply with our obligations under such applicable laws or regulations, including if You are added to any restricted party listings. Cancellation and/or termination under this provision will result in forfeiture of all fees paid by You, in conformance with U.S. sanctions law.
All Attendees must register for the Event on the Event registration page (a ”Registration“). Confirmation (or rejection) of your Registration will be sent to you by email after our receipt of Your Registration request. Rejection will only occur where You have not met registration requirements as detailed on the Event registration page or these Terms. An attendee pass code issued for use at the Event is valid for the named attendee only and cannot be transferred or shared.
In addition, for virtual Events, You are responsible for obtaining access to the Website and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, You must provide, and are responsible for, all equipment necessary to access the Website.
GSMA reserves the right to cancel Your registration without notice if You fail to provide all information required in the relevant registration form, or You are in violation of these Terms. GSMA is not responsible for any direct or indirect damages, expenditures, or losses, resulting from any cancellation.
GSMA may move or cancel the Event for any reason. GSMA is not responsible for any direct or indirect damages, expenditures, or losses, resulting from any cancellation.
GSMA is not liable to You for any issues or failures related to internet strength/connection or bandwidth, any issues with the world wide web that disrupt the Event, or any other technical issues outside of GSMA‘s control.
For the avoidance of doubt, GSMA is not liable to you or any third party for any direct or indirect damages, expenses, or losses, nor any consequential, punitive, incidental, special or general damages resulting from postponement, cancellation or termination. This includes, but is not limited to travel and accommodation costs.
GSMA reserves the right to change the Event structure, format, content, timing, or speakers without notice. If such a situation should occur, GSMA is not liable to You for any direct or indirect costs, damages or expenses, nor any consequential, punitive, incidental, special or general damages resulting from such changes.
Term and Termination
These Terms are effective until terminated by GSMA. You agree that GSMA may terminate these Terms in GSMA‘s sole discretion at any time without prior notice. In the event of termination, You are no longer authorized to attend the Event or access the Website and/or Platform (for a virtual Event). You agree that GSMA is not liable to You or any third party for any termination of your access to the Services, the physical Event or the Website and/or Platform of a virtual Event, unless otherwise stated herein.
The Event will include a combination of content that GSMA creates and content that other third parties create. In addition to the content created by third parties, some Website features will provide other users with an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to GSMA or others on or through the Website and/or Platform (collectively, the ”Content“). You understand that the Content is provided by GSMA ”AS IS“ and that GSMA does not guarantee the accuracy, integrity or quality of any Content. In this regard, You acknowledge that You may not rely on any of this Content, whether created by or submitted to GSMA, including, Content that is posted on any bulletin board, chat, news group, community, forum or other feedback section of the Website (collectively, the ”Forums“). You further understand and agree that the Website may include certain communications from GSMA (such as administrative messages and email responses to registrations made by users), and that these communications are considered part of the Event and You may not be able to opt out of receiving them.
NOTE: Some of the Event Content is available on mobile devices. You should not use such Content in a way that distracts You and prevents You from obeying traffic or safety laws.
Postings by attendees do not reflect the views of GSMA and GSMA does not verify, endorse, of vouch for any such content. We do, however, enforce these Terms, and if we determine in our sole discretion that any posting is inaccurate, was posted without authorisation, or otherwise does or may violate these Terms, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to (a) modify, refuse or remove the posting; (b) revoke Your right to use the Website; and/or (c) use any technological, legal, operational or other means available to enforce the provisions of these Terms, including, without limitation, blocking specific IP addresses or deactivating Your registration.
Guest Speaker Sessions
Guest speaker sessions are central to the success of the Event. In order to provide You with a global platform for the exchange of ideas and insights, we may invite key figures to share their personal perspectives concerning a wide variety of topics. Guest speakers are not employees of GSMA and GSMA neither pre-reviews nor comments on the content of guest speaker sessions. Guest speaker views and opinions are entirely their own and in no way reflect the views and opinions of GSMA.
You may receive access to GSMA and third-party licensed content (collectively, the ”Presentation Materials“). GSMA is not liable for the information in the Presentation Materials. You may use these Presentation Materials as well as session audio/video recordings where available solely for Your own internal, non-commercial purposes. Unauthorized distribution (via sales, copying, posting on intranet/internet) is expressly forbidden. Excerpting or quoting is permitted with the prior written approval from GSMA.
Event Partner Sessions
By attending a partner, sponsor or other third party (collectively ”Event Partners“) session, You are authorizing Your registration information to be shared with that particular Event Partner and agree to receive communications from such Event Partner, which are subject to that Event Partner‘s privacy practices, including their privacy statement or policy. Some Event are located outside of the European Economic Area (EEA) or Switzerland. By authorising disclosure to them You consent to the transfer of Your personal data to such locations. If You wish to exercise any data protection rights with regards to how an Event Partner processes or uses Your personal data, You must do so directly with such Event Partner. A list of Event Partners is located on https://tech4g.edukadu.com/our-partners
Privacy and Data Protection
In general, GSMA collects and uses information about You in connection with the provision of the Services and for account administration. If you complete any Registration Activities for the Event, GSMA will collect certain information about You and use it to provide You with information and services associated with the Event. We process this information to fulfil the offer You have made to receive Services. The data we process as part of the event administration may include: name and last name, age, email, phone, address, city/country/zip code.
Your data is used for the administration and management of the Event (which may occur through the use of external providers), including the following:
- Validation of Your being entitled to participate in the Event;
- Communication with You regarding the Event; and
- Sharing Your data with selected Event Partners.
All third parties, including those listed below, are required to respect the security of Your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use Your personal data for their own purposes and only permit them to process Your personal data for specified purposes and in accordance with our instructions. Our suppliers will receive selected information to assist with the delivery of the Event and shall only retain this information for the Event duration. Those suppliers include: Sonline LLC - Event Platform and registration system
Please kindly note that the Website and/or Platform and all relatable platforms will be recorded and photographed. By agreeing to these Terms You give consent for video recordings, audio and photos of You to be used during and post Event. This includes the release, publication, exhibition, or reproduction of such assets for promotional purposes, social media posts, website resource, PR, podcasts, On Demand, Webinars, GSMA and partner communications or any other purpose.
You may contact us at any time with Your views about our privacy practices, or with any enquiry relating to Your personal information, or to exercise Your data subject rights by writing to email@example.com.
Your Collection of Attendee and Exhibitor Data
You may receive personal and contact information from other attendees and Event Partners that is voluntarily provided to You or otherwise obtained in accordance with applicable law. You (i) cannot sell any attendee or exhibitor personal data, and (ii) must comply with any restrictions placed on the use of such information.
The Organizer may also make and store recordings of Your image, voice and likeness in certain instances. We rely on legitimate interest for collecting, storing and processing this information. Additionally, third parties attending the Event may capture Your image or voice in recordings. By attending the Event, You consent to the capture of Your image or voice and You release such third parties from any and all claims and causes of action You may have now or in the future including but not limited to defamation, invasion of the right of privacy, publicity or personality, copyright or trademark infringement and unfair competition. To exercise Your data subject rights with respect to third parties‘ recordings, You must contact that third party directly.
The GSMA is dedicated to providing a positive, harassment-free Event experience for all participants and staff, regardless of gender, gender identity and expression, sexual orientation, disability, physical appearance, race, age or religion. The GSMA does not tolerate harassment of Event participants or staff in any form. The use of harassing language and imagery (including that of a sexualised nature) is not appropriate at any GSMA Event or related social activity sponsored or organised by the GSMA. Any Event participant found to be violating this policy may be sanctioned or expelled without a refund at the GSMA‘s sole discretion. The full GSMA Anti-Harassment Policy is located here.
Code of Conduct
The Code of Conduct outlines our expectations for You and all attendees who attend or access the Event and for those who utilize the Platform to post Content or interact with other Event attendees. GSMA will enforce this Code of Conduct and expects cooperation from all attendees to help promote a safe environment and a productive Event experience for everyone.
When participating in the Event, You must adhere to the Code of Conduct below at all times:
- Treat all other participants, volunteers, trainers, and staff courteously, with respect and act professionally.
- Avoid unnecessary physical contact and maintain physical distancing due to COVID 19 regulations.
- Do not make suggestive or inappropriate remarks to or about any other person within the frame of the Event, even in fun, as this could be misinterpreted.
- Do not hit or otherwise physically assault any Event participant, volunteer, trainer or staff, irrespective of cultural norms, including as punishment.
- Report incidents of alleged abuse, poor practices or any accidents to a member of the Event staff (convener and/or trainer) immediately.
- Do not put an Event participant, especially a vulnerable adult, at risk of harm through inaction, i.e. failing to stop abuse, failing to report a concern, etc.
- For any event involving minors, You must be suitable to work with children and adhere to GSMA‘s Children and Vulnerable Adult Safeguarding Policy.
- Consider the wellbeing and safety of Event participants in advance, especially if such are vulnerable adults, through proper planning and the development of safe methods of working/activities.
- Accept responsibility for your own performance and behaviour.
- Take reasonable steps to ensure your own safety and that of others, and report any inappropriate behaviour you or others may experience/witness or any concerns that you or they may have within the frame of the Event.
- Avoid showing favoritism towards particular participants.
- Avoid situations where event supervisory staff/volunteers/trainers are left alone with an Event participant who is a minor.
- First aid treatment should be given with more than one adult present unless a delay would be life-threatening.
When messaging or communicating with other Event participants please:
- Maintain a respectful, considerate, and courteous attitude towards everyone you engage with;
- Adhere to the GSMA Antitrust Policy when engaging in any peer activity at the Event;
- Make your messages and invitations useful, informative and relevant to the Event;
- Do not demean, discriminate, abuse, harass, or threaten those who you engage with online at the Event;
- Do not spam Event participants;
- Do not post content that is obscene or otherwise objectionable;
- Do not use the Event for commercial or advertising purposes; and
- Do not post copyrighted content without permission from the owner.
When accessing and using the Website and its related subdomains or participating in the Event you are prohibited from:
- Violating any applicable laws, statutes, ordinances or regulations;
- Using the Service (or any part of it) for any illegal purpose and you agree to use it in accordance with all relevant laws;
- Promoting or providing information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any illegal acts;
- Uploading or transmitting through the Service any computer viruses, macro viruses, Trojan horses, worms or any other harmful activity;
- Overriding any security feature of the Website or jeopardizing the security of Your account or someone else‘s account (such as allowing someone else to log in to the Website or use the Service as You);
- Interfering with the operation of, or placing an unreasonable load on, the Website (such as viruses, denial of service attack or gaming algorithms);
- Using manual or automated software, devices or other means or processes to access, scrape or crawl the Website or any content or information contained in it or the Service;
- Engaging in ’framing‘, ’mirroring‘, or otherwise simulating the appearance or function of the Website;
- Removing any copyright, trademark or other proprietary rights notices contained in or on the Website or from the Event;
- Modifying, creating derivative works or copying or storing any significant portion of the Website or Event or any related technology (unless allowed by law or expressly authorised by GSMA);
- Using filming equipment or other devices to record the Event;
- Using the Website (or any part of it) in a manner which may result in: (i) the Website and/or the Event being interrupted, damaged, rendered less efficient or such manner designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or Website; (ii) sharing any material which is unlawful, libellous, abusive, obscene, pornographic, discriminatory, harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar invasive of another‘s privacy, hateful or otherwise objectionable, defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety; (iii) impairing the effectiveness or functionality of the Website or the Event; or (iv) violating or infringing the rights of any person, firm or company (including, but not limited to, intellectual property rights, confidentiality and/ or privacy);
- Attempting to grant any unauthorised access to any part or component of the Website;
- Copying or distributing any part of the Website in any medium without our prior written consent;
- Altering or modifying any part of the Website other than as may be reasonably necessary to use the Website for its intended use; or
- Reverse engineering, decompiling, disassembling deciphering or otherwise attempting to obtain the source code or underlying ideas or information of or relating to the Website or any related technology, or any part thereof unless allowed by law.
GSMA reserves the right to terminate or restrict your use of our Service, the Website or Platform, or participation in the Event, if you violate these Terms or are engaged in illegal or fraudulent conduct.
Intellectual Property Rights
All intellectual property rights in and to the Event, the Event Content, the Services and all materials distributed at or in connection with the Event are owned by us, our related companies, and/or the Event sponsors, Exhibitors or speakers participating in the Event. You agree not to reproduce, modify, distribute, license, perform, publish, create derivative works from or use (except as authorised and in accordance with these Terms) the Event or the Services for any reason.
Nothing in these Terms shall vest in you any legal or beneficial right in or to any intellectual property rights owned or used under licence by GSMA or our related companies, or grant to you any right or licence to any other intellectual property rights of GSMA or our related companies. All such intellectual property rights shall remain the exclusive property of GSMA and our related companies. It is strictly forbidden for any company, organisation, or person to attempt to host or organise any event in conjunction with, contiguous to or purporting to be related to the Event or its affiliates without the express prior permission and cooperation of GSMA. We reserve their right to take such action (legal or otherwise), including a claim for damages as we, in our sole discretion, deem appropriate in the circumstances.
Safety and Security
GSMA is not responsible for lost or stolen items at physical Events. Please remain alert and keep personal possessions secure at all times. For the safety and security of all attendees, GSMA reserves the right to enable security personnel to perform security checks of any attendee at any time. GSMA reserves the right to refuse admittance or remove any attendee from the Event venue, entry points, or offsite location controlled by GSMA at any time, without liability.
You may volunteer or be asked to participate in demonstrations or exhibits during the Event. Any participation by You in such a demonstration or exhibit is voluntary. You may be invited to participate in hospitality offerings by third parties and such offerings may include high risk activities, including activities that carry risk of harm to persons and/or property. Your participation in such demonstrations, exhibits and hospitality offerings is entirely at Your own risk. GSMA is not responsible or liable for any injury or damage You may suffer as a consequence of participating in such demonstration or exhibit except to the extent such injury or damage is caused by GSMA‘s gross negligence or willful misconduct. GSMA expressly disclaims all liability for injury or damage caused to You by Your participation in hospitality offerings provided by third parties.
THE GOODS AND SERVICES ORDERED THROUGH GSMA WEBSITES ARE PROVIDED TO YOU ”AS IS“. GSMA GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GSMA EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF YOUR ATTENDANCE AT THE EVENT REMAINS WITH YOU. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE GSMA‘S LIABILITY FOR THE FOLLOWING: (I) DEATH OR PERSONAL INJURY RESULTING FROM ITS, ITS EMPLOYEES\' OR ITS SUB-CONTRACTORS\' NEGLIGENCE; OR (II) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW. WE EXPRESSLY DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR USAGE OF, IMPLEMENTATION OF, IMPACT FROM, OR COMMUNICATIONS OF THE IDEAS OR DISCUSSIONS PRESENTED BY ANY ATTENDEE, SPEAKER OR OTHER PARTICIPANT AT THE EVENT.
Limitation of Liability
If GSMA, its parent, its affiliates or any of their officers, directors, employees, agents, third-party content providers, licensors or the like, are liable to You for any reason, such liability will not exceed the amount of fees You actually paid to participate in the Event. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or any other liability that cannot be excluded by law. You agree that any action must be commenced within one (1) year after the claim or cause of action arises.
You agree to defend, indemnify, and hold GSMA, its parent, affiliates, the Host, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless from all claims, liability, damages, losses, costs and expenses, including legal fees, that arise out of or are related to any breach of the Terms by You or any other liabilities incurred by us arising out of Your attendance or participation or access to the Event, Website and/or Platform.
It is possible that the Website, Platform and/or some of the Services or an in-person Event may not be available at any given time for any reason. We will take reasonable efforts to provide you with notice of interruption to the Service or Event where known. However, where the Event or Services are unavailable for any reason beyond the reasonable control of GSMA or Host, we shall have no liability to You. We are not liable if the Event is, in whole or in part, cancelled, rescheduled or postponed, or for any failure or delay to perform our obligations under these Terms, if such event results from anything beyond our reasonable control, including but not limited to (a) power or server outages or issues (b) update or maintenance periods (c) as a result of a war, acts of God, flood, drought, earthquake or other natural disaster; (d) disease, epidemic or pandemic; (e) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (f) nuclear, chemical or biological contamination or sonic boom; (g) any law or any action taken by a government or public authority; (h) collapse of buildings, fire, explosion or accident; (i) any labour or trade dispute, strikes, industrial action or lockouts; (j) non-performance by suppliers or subcontractors; and (k) interruption or failure of utility service , (l) electronic or communications failure (m) or anything else that renders performance of the Event, in whole or in part, impracticable, illegal or impossible.
Modifications to the Terms
The Terms are subject to change without notice, and may be revised or updated from time to time in GSMA‘s sole discretion. All amended terms shall automatically be effective immediately when posted on this Website, and apply to all access to the Event and use of any websites, apps, or services in relation to the Event thereafter. You agree that You are responsible for periodically returning to this Website and reviewing these Terms to understand the current Terms and Conditions applicable to this Event. GSMA does not and will not assume any obligation to notify You of changes to the Terms. Your continued use of any websites, apps, or services, or attendance at the Event, means that You accept and agree to the changes. Except as outlined herein, the Terms may not be otherwise amended except in a writing signed by You and us. The following Sections survive any termination of the Terms: GSMA Trademarks and Logos, Privacy and Data Protection, Voluntary Participation, Your Collection of Attendee and Exhibitor Data, Eligibility, No Warranty, Limitation of Liability, and Indemnity.
These Terms constitute the entire agreement between GSMA and You with respect to the Event, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and GSMA with respect to the Event. However, there may be legal notices on other areas of this Website that relate to the ordering of goods and services, all of which will, together with these Terms govern your ordering of Services. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of the Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.
Electronic Communications and Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement You transmit through this Website or an App associated with the Event, including but not limited to any consent You give to receive communications from GSMA solely through electronic transmission. You agree that when in the future You click on an ”I agree,“ ”I consent,“ or other similarly worded ”button“ or entry field with Your mouse, keystroke, or other computer device, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.
GSMA reserves the right, in its sole discretion, to limit or deny access to the Event Website and/or Platform to any entity or individual.
These Terms may be translated into one or more languages other than English. In the event of any deviation or conflict between the English version and any version translated into another language, the English version shall prevail and be binding on You.
These Terms and all matters arising out of or relating to these Terms, whether in contract, tort, by statute or otherwise, are governed by, and construed in accordance with, the laws of the State of Georgia, United States without giving effect to the conflict of law provisions. The parties agree to submit to the exclusive jurisdiction of the courts in Atlanta, Georgia, United States or the US District Court in Atlanta, Georgia.
A Minor can only participate in the Event if the Minor‘s parent or legal guardian (the ”Guardian“) has agreed to these Terms on behalf of the Minor. All Minors under the age of 18 must be accompanied by a parent or legal guardian over the age of 18 in order to participate in the Event.
The Guardian must consent to the Minor‘s participation in the Event and must complete the booking on behalf of the Minor. A Minor cannot, under any circumstances, submit a booking for the Event. A Minor‘s participation in the Event is subject to the Organizer‘s receipt of a booking from the Guardian on behalf of the Minor. The Guardian is responsible for ensuring that both the Guardian and the Minor comply with the Terms applicable to the Event.
By agreeing to these Terms, the Guardian:
- Represents that you are the parent or legal guardian of the Minor that you register for the Event.
- Authorizes your Minor to attend the Event.
- Agrees, that with respect to any physical Event, the Guardian is responsible for transportation of the Minor to and from the Event.
- Agrees to the Recording of the Minor at the Event as set forth in the Terms.
- Agrees that the Organizer may share the Organizer‘s Recordings with Event Partners. The Guardian agrees the Event Sponsors may store the images, reproduce them, or use them in marketing or promotional materials.
- Expressly agrees to the Terms, including, but not limited to the No Warranty, Limitation of Liability and Indemnification provisions.