8.8 Severability. If any clause within this Section 8 (other than the Class Action Waiver clause of Section 8.4)
is found to be illegal or unenforceable, that clause will be severed from this Section 8 and the remainder of this
Section 8 will be given full force and effect. If the Class Action Waiver (Section 8.4) clause is found to be illegal or
unenforceable, this entire Section 8 will be unenforceable and the dispute will be decided by a court and you and
Seek Thermal each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
8.9 Continuation. This Section 8 shall survive any termination of the Terms.
9. General Provisions.
9.1 Updates to the Terms and Privacy Policy.
(a) Seek Thermal reserves the right, at our discretion, to change, modify, add or remove portions of these
Terms and its Privacy Policy at any time by posting the amended Terms or Privacy Policy through the Services. If we
have your contact information or email information, you may also be given additional notice, such as an e-mail
message or messaging within the Services, of any changes. You will be deemed to have accepted such changes by
continuing to use the Services. Except as otherwise stated, all amended terms shall automatically be effective thirty
(30) calendar days after they are initially posted. Seek Thermal may also revise other policies, codes or rules at any
time and the new versions will be available on
or via the Services. No amendment to
the Terms or Privacy Policy shall apply to any dispute of which Seek Thermal had actual notice before the date of the
amendment.
(b) If Seek Thermal revises these Terms or its Privacy Policy and seeks your consent to be bound by such
revised Terms or revised Privacy Policy and you do not agree to be bound by such revised Terms or revised Privacy
Policy before using the Services again, then notwithstanding anything to the contrary, Seek Thermal reserves the
right to terminate your Account and use of the Services.
(c) If at any point you do not agree to any portion of the then-current version of our Terms, the Privacy Policy
or any other Seek Thermal policy, rules or codes of conduct relating to your use of the Services, your license to use
the Services shall immediately terminate, and you must immediately stop using the Services.
(d) To the extent the Terms or Privacy Policy conflict with any other Seek Thermal terms, policy, rules or codes
of conduct, the terms contained in these Terms and in the Privacy Policy shall govern.
9.2 Severability. You and Seek Thermal agree that if any portion of these Terms or of the Privacy Policy is
found illegal or unenforceable, in whole or in part, by any court of competent jurisdiction, such portion shall, as to
such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without
affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining
provisions of the Terms, which shall continue to be in full force and effect.
9.3 Assignment. Seek Thermal may assign or delegate these Terms and/or the Privacy Policy, in whole or in
part, to any person or entity at any time without your consent. You may not assign or delegate any rights or
obligations under the Terms or the Privacy Policy without Seek Thermal's prior written consent and any unauthorized
assignment and delegation by you is ineffective.
9.4 Supplemental Policies. Seek Thermal may publish additional policies related to specific services such as
forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these
Terms.
9.5 Entire Agreement. These Terms, any supplemental policies and any documents expressly incorporated by
reference herein (including the Privacy Policy) contain the entire understanding of you and Seek Thermal, and
supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral
or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the
Services.
9.6 No Waiver. The failure of Seek Thermal to require or enforce strict performance by you of any provision of
these Terms or the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or
relinquishment of Seek Thermal's right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Seek Thermal of any provision, condition or requirement of these Terms or the Privacy Policy
shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except
as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers or other
acts or omissions by Seek Thermal shall be deemed a modification of these Terms nor legally binding, unless
documented in physical writing, hand signed by you and a duly appointed officer of Seek Thermal.
9.7 Notices. We may notify you via postings on
and via e-mail or any other communications
means through contact information you provide to us. All notices given by you or required from you under these
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