By using the auklet.io web site (“Service(s)”), or any services of Auklet (“Auklet”, “ESG Mobility”, or “We”), You (“Subscriber”, “You”, or “you”) are agreeing to be bound by the following terms and conditions (“Terms of Service” or “Terms”). If Auklet desires to make material changes to the Terms, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that modify, augment or enhance the Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://auklet.io/terms/. You are responsible for your use of the Service. Violation of any of the Terms will result in the suspension of your account and may result in termination of your account. You agree to use the Service at your own risk.
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This Agreement, as modified from time to time, constitutes the entire agreement between You and Auklet with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Auklet shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Auklet’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Subscriber except with Auklet’s prior written consent. Auklet may assign this Agreement in whole or in part at any time without Subscriber’s consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Michigan without regard to the conflict of laws provisions thereof. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind Auklet in any respect whatsoever. Any notice to the Service that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to email@example.com.