Last Updated: September 1st, 2026
Introduction
The Boys and Girls Club of Kingston & Area Inc., operating as TruePhonics (“TruePhonics,” “we,” “us,” or “our”) is proud to offer a web-based structured literacy platform designed to help educators, schools, and school boards manage classrooms, assess progress, and systematically develop foundational reading skills toward fluency, known as the “TruePhonics Platform”. This Agreement governs access to and use of the TruePhonics Platform and related websites, mobile applications, web portals, educational content, and services (collectively, the “Services”).
Access to the Services may be obtained by an individual for personal or household use (a “Direct Customer”) or by a school, school board, educational organization, business or other organization (an “Institution”). Direct Customers and Institutions are each referred to in this Agreement as a “Customer” or “you.”
By accessing or using the Services, you expressly agree to be bound by this Agreement. If you do not agree to the terms and conditions of this Agreement, you must not access or use the Services.
1. DEFINITIONS
For the purposes of this Agreement, the following definitions apply:
“Authorized User” means individuals, including students, educators, administrators, parents and legal guardians, that the Institution allows to access and use the Services as permitted in an Institution Contract.
“Business Day” means any day other than a Saturday or Sunday or statutory holiday in Ontario, Canada.
“Customer” or “you” has the meaning given to it in the Introduction.
“Customer Data” means any information, including personal information, pupil records, roster data, numeric identifiers, performance scores, automated metrics that is submitted, posted, or otherwise transmitted by or on behalf of Customer or an Authorized User through the Services.
“Direct Customer” has the meaning given to it in the Introduction.
“Direct Subscription” means a subscription to the Services purchased by a Direct Customer, including through the Apple App Store or Google Play or similar service.
“Fees” has the meaning given to it in section 5A.
“Institution” has the meaning given to it in the Introduction.
“Institution Contract” means a purchase order, invoice, quote, or service agreement produced by TruePhonics for an Institution relating to the Services.
“Institution Subscription” means a subscription to use the Services obtained by an Institution.
“Parties” means TruePhonics and the Customer collectively.
“Permitted Purpose” means for using the Services for non-commercial educational use, including for personal use by Direct Customers or for Institutions providing access to Authorized Users for classroom instruction, independent learning, home practice, literacy instruction, or educational progress monitoring.
“Privacy Policy” means our privacy policy as may be amended from time to time accessible on our Public Website.
“Privacy Laws” means all applicable laws relating to the collection, use, disclosure, processing, protection, retention or other handling of personal information including Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5) Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, Enhancing Digital Security and Trust Act, 2024, S.O. 2024, c. 24, Sched. the applicable European Union and United Kingdom General Data Protection Regulation, and any regulations made thereunder, in each case as amended or replaced from time to time.
“Public Website” means www.truephonics.ca and any associated informational, marketing, or promotional webpages.
“Resolve” or “Resolved” means the provision of: (a) services that, in TruePhonic’s reasonable discretion, corrects the issue raised; (b) information that corrects the issue raised; (c) information on how to obtain a software solution that corrects the issue raised by the Incident; (d) notice that the issue raised is caused by a known, unresolved issue or an incompatibility issue; or (e) information that identifies the issue raised as being corrected by upgrading to a newer release.
“Services” has the meaning given to it in the Introduction.
“Student Management Dashboards” means the cloud-hosted portal where educators administer classes, manage literacy modules, and track analytics, accessible through portal.truephonics.ca and any associated webpages.
“Subscription Period” means the duration of access granted in a Direct Subscription or Institution Contract.
“Support Hours” means between the hours of 9 AM and 5 PM ET on Business Days.
“TruePhonics IP” has the meaning given in section 3C.
“TruePhonics” has the meaning given in the Introduction.
“TruePhonics Platform” has the meaning given to it in the Introduction.
“Web-based Learning Portal” means the cloud-hosted webpage where individual students enrolled in TruePhonics Platform through a classroom complete foundational structured literacy exercises within a web browser, accessed through learn.truephonics.ca and any associated webpages.
2. CONSUMER ACCOUNTS AND ENTERPRISE ACCOUNTS
TruePhonics provides the Services through both Direct Subscriptions and Institution Subscriptions. Certain features, administrative tools, and reporting capabilities differ depending on the subscription type purchased.
Direct Subscriptions are purchased through the Apple App Store or Google Play and are intended for personal or household use.
Institution Subscriptions are provided under Institution Contracts between Institutions and TruePhonics. Institutions may authorize individuals, including students, educators, administrators, parents and legal guardians, to access and use the Services as permitted in an Institution Contract (each, an “Authorized User”).
Institutions are responsible for ensuring that its Authorized Users’ access and to and use of the Services is in accordance with the terms and conditions of this Agreement. Authorized Users may access and use the TruePhonics Platform solely under the Institution’s subscription and only for the Permitted Purpose.
3. INTELLECTUAL PROPERTY & LICENSE GRANT
Google Play & App Store Terms
If you download the TruePhonics Platform through the Apple App Store or Google Play, your use of the Services is also subject to the applicable app store terms and conditions. Apple and Google are not parties to this Agreement and are not responsible for the operation or support of the Services.
A. Limited Access and Use
Subject to the terms of this Agreement and the timely payment of applicable fees, TruePhonics grants the Customer a non-exclusive, non-transferable, revocable, non-sublicensable, limited right to access and use the Services and to permit its Authorized Users (as applicable) to access and use the Services, solely for the Permitted Purpose during the Subscription Period unless otherwise terminated earlier.
B. Restrictions on Use
Without limiting the generality of the foregoing, the Customer hereby agrees that it/they will not, and will not permit (as applicable) any Authorized User to:
Modify, copy, reverse engineer, decompile, create derivative works or disassemble all or any portion of the source code, proprietary predictive scoring models, or interface layout frameworks of the Services.
Share, pool, or resell individual teacher or administrative user credentials or classroom licenses across multiple separate classrooms, schools, or uncontracted personnel without express written permission of TruePhonics.
Use TruePhonics’ proprietary content, vocabulary data sheets, text repositories, or audio captures to train, fine-tune, or benchmark external artificial intelligence, machine learning, or large language models (LLMs) without explicit written authorization.
Use the TruePhonics Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
C. Intellectual Property
Subject to the limited rights granted to you in section 3A, you understand and agree that the Services and its contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement (collectively the “TruePhonics IP”), are owned by TruePhonics and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.
For greater certainty, TruePhonics IP includes all text, vector graphics, instructional content, grading metrics, source code, and design architecture incorporated in the TruePhonics Platform. No ownership of intellectual property transfers under this Agreement.
D. Licensing Metrics for Institutions
The terms of the Institution Subscription are provisioned strictly according to the specific metric identified in the applicable Institution Contract. Licenses cannot be pooled, transferred, or floated across multiple school sites within the district school board without additional written authorization and prorated billing.
E. Print Material Replication Restrictions
The purchase or possession of a physical TruePhonics Platform teacher manual, flashcard deck, decodable book or other physical materials that contain parts of the TruePhonics Platform (collectively the “Physical Materials”) does not confer any right to reproduce TruePhonics IP contained therein.
Notwithstanding the foregoing, Institutions are permitted to reproduce copies of the “Reproducible Classroom Worksheet Master” for instructional use in licensed classrooms during the Subscription Period.
Institutions may allow multiple educators to use Physical Materials within the same school site, provided each has a valid license.
Except where individual pages are explicitly watermarked and designated as “Reproducible Classroom Worksheet Master,” the Customer agrees that it and its Authorized Users are strictly prohibited from photocopying, scanning, digitizing, or uploading pages of the printed materials onto internal school intranet networks, shared drives, or board-wide email streams.
The right to use Physical Materials is limited to individual use by a single educator. It is subject to additional restrictions as may be made available from time to time by us.
F. Enterprise Customer Flowdown Status
When access to the Student Management Dashboards or Web-based Learning Portal is established by an Institution, the individual adult educator or administrator accesses the system purely as an Authorized User.
TruePhonics may at any time provide comprehensive reporting, progress analytics, and usage auditing information directly to the Institution regarding any Authorized User’s activity or platform performance.
G. Unsolicited Material and Feedback Submissions
A Customer or Authorized User may voluntarily provide TruePhonics with suggestions, feature requests, workflow adjustments, ideas, text matrices, or other feedback concerning the TruePhonics Platform (collectively, “Feedback”).
The Customer acknowledges and agrees that except for personal information which governed by the Privacy Policy (which is expressly excluded from the definition of Feedback), that by submitting Feedback, the Customer assigns to TruePhonics on Customer's behalf, and on behalf of its Authorized Users, all right, title, and interest in, and TruePhonics is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although TruePhonics is not required to use any Feedback.
H. Linking, Framing, and Endorsement Restrictions
Customers may link to the Public Website homepage, provided the website does not state or imply any exclusive endorsement, sponsorship, or recommendation of the linking party’s services by TruePhonics.
You are strictly prohibited from “framing” any portion of the Web-based Learning Portal or Student Management Dashboards or employing any technical masking methods that alter the visual presentation, branding, or native interface architecture of the TruePhonics Platform.
3. EDUCATIONAL ORGANIZATION REQUIREMENTS
A. Data Custody and Freedom of Information
The Customer acknowledges and agrees to our Privacy Policy, which is incorporated herein by reference.
Where TruePhonics is provided through an Institution, the Institution remains responsible for ensuring it has the necessary authority to collect and disclose student information to TruePhonics for educational purposes.
The Customer covenants and agrees to comply with all applicable Privacy Laws in connection with its access to and use of the Services, including with respect to any personal information that the Customer or its Authorized Users collect, use, or disclose to TruePhonics.
B. Accessibility Commitments (AODA)
TruePhonics is committed to digital inclusivity and aligns platform development objectives with applicable Canadian accessibility legislation and recognized accessibility standards.
4. ACCOUNT INTEGRITY, CONSENT, AND PRIVACY
Security Responsibility: Customers are entirely responsible for maintaining the confidentiality of their active user IDs and passwords, including for Authorized Users. Customer must notify TruePhonics immediately at support@truephonics.com if it/they discover any unauthorized breach or exposure of user credentials.
Institutional Consent: Institutions warrant that they have secured all necessary consents, legal authority, and board approvals to upload and process student details.
Infrastructure Protection and Integrity: All Customers covenant and agree not to transmit into the TruePhonics Platform environment any malicious code, virus, trojan horse, worm, time bomb, software lock, or other automated disabling routine designed to interrupt, intercept, or damage the system's operational integrity.
TruePhonics reserves the right to immediately terminate platform access, without liability or refund, for any account found transmitting files that trigger active infrastructure security alerts or if there is a breach by Customer or any Authorized Users of these terms.
5. FEES, BILLING, AND CANCELLATION (CONSUMER PROTECTION)
A. Fees
In consideration of the right to access and use the Services, each Customer shall pay all fees applicable to its subscription (the “Fees”). All Fees are exclusive of applicable taxes unless expressly stated otherwise.
For a Direct Subscription, the applicable Fees, billing frequency, Subscription Period, renewal terms and payment requirements will be those presented to the Direct Customer at the time of purchase, including, where applicable, through the Apple App Store or Google Play.
Payments made through an app store are processed by the applicable app store provider and are also subject to its applicable payment and subscription terms.
For an Institution Subscription, the Institution shall pay the Fees set out in the applicable Institution Contract, in accordance with the payment terms specified therein for the duration of the Subscription Period.
Unless otherwise expressly provided in the applicable Institution Contract, Fees will be invoiced and payable in accordance with this section 5.
B. Payment and Taxes
Institution: TruePhonics will invoice the Institution for the applicable Fees. Unless otherwise provided in the Institution Contract, all invoices will be issued in Canadian Dollars (CAD) and due within thirty (30) days of issuance. Fees are subject to applicable provincial and federal taxes, including the Harmonized Sales Tax (HST), which will be calculated and added to invoices at checkout.
Direct Customer: Direct Subscriptions purchased through Apple or Google. Direct Subscriptions are billed through the applicable app store. Subscription management, renewal, cancellation, refunds, and payment processing are governed by the policies of the applicable app store.
C. Consumer Protections
Nothing in this Agreement limits any non-waivable consumer rights provided under applicable consumer protection legislation.
D. Termination & Overage Adjustments
Subscription Term: This Agreement and your right to access and use the TruePhonics Platform automatically terminate at the end of the contracted Subscription Period unless a renewal Institution Contract or Direct Subscription is completed.
Professional Development / Training Caps: If your subscription includes live, remote, or on-site Professional Development (PD) training sessions, attendance numbers per session may be limited by us to guarantee instructional quality. Excess attendance without ten (10) days’ advance notice will result in the reallocation of remaining contract training hours or prorated overage billing.
Termination by TruePhonics: TruePhonics reserves the right to terminate this Agreement on notice to Customer at any time to the extent that the Customer or any of its Authorized Users breaches any term of this Agreement in TruePhonics’s sole discretion. TruePhonics also reserves the right to terminate this Agreement to the extent that it ceases offering the Services.
Effect of Termination: To the extent of any termination of this Agreement, Customer shall cease all use of the Services and all access to the Services and the license to such Services shall be terminated. Notwithstanding the forgoing, on termination, TruePhonics shall be deemed to grant the Customer a non-exclusive, non-transferable, revocable, non-sublicensable, limited right to access and use the Physical Materials solely for the Permitted Purpose in perpetuity.
No Refunds: Under no circumstances is Customer eligible for any refund for Fees.
E. Institution Usage Auditing
TruePhonics reserves the right to electronically audit configuration metrics and active user roster data within the Student Management Dashboards to verify compliance with your authorized contract seat limits.
If an electronic audit reveals that your actual utilization exceeds your purchased tier (e.g., active student profiles exceeding the maximum threshold allocated under your school board package), TruePhonics will issue an adjusted pro-rata invoice for the excess seats, calculated from the initial date of overage deployment.
F. Institutional Purchase Order Terms
In the event an Institution requires a purchase order (PO), the Institution is responsible for providing TruePhonics with complete and accurate payment information, and shall assume full administrative responsibility for the processing speed of any payments made thereunder.
For greater certainty, the use of purchaser orders will not modify the timelines for payment or any terms of any Institution Contract or this Agreement.
The Customer remains fully liable for all Fees accruing from administrative delivery delays, duplicate PO entries, or internal board processing errors.
Software access limits will be calculated strictly from the contract start date, independent of internal board PO clearance speeds.
G. Canadian Printed Book Tax Adjustments
Taxes applicable to printed educational materials will be calculated in accordance with Canadian tax legislation.
H. Physical Delivery and Inspection Window
Title to and risk of physical loss or damage for all Physical Materials passes to the Customer upon TruePhonics delivering the items to our designated shipping carrier (FOB shipping point).
The Customer assumes structural responsibility for unpacking and auditing all physical shipments within thirty (30) days of delivery to the designated school or board facility.
Any claims for manufacturing print defects, transit damage, or box item shortages must be filed in writing at support@truephonics.com within this 30-day window.
Failure to notify TruePhonics within 30 days of delivery constitutes absolute contractual acceptance of the goods, and TruePhonics shall be under no obligation to issue replacement materials or credits.
Fees payable for any Physical Materials must be received by TruePhonics before TruePhonics will complete the order for any Physical Materials.
6. TECHNICAL SUPPORT SERVICE LEVELS
To the extent that TruePhonics has made technical support available in any Direct Subscription or Institution Contract, the following shall apply in respect of the support levels during the Support Hours:
• Priority 1 – Critical
Complete system outage or major module unusable. No workaround available.
Initial Response Time: 1 hour
Resolution Time Objective: 1 Business day
• Priority 2 – High
Core functionality degraded or unusable. A workaround exists, but performance or operations are seriously affected.
Initial Response Time: 4 hours
Resolution Time Objective: 3 Business Days
• Priority 3 – Medium
Non-critical functionality impaired. Business impact is minor, and a workaround exists.
Initial Response Time: 5 hours
Resolution Time Objective: 5 Business Days
• Priority 4 – Low
General inquiries, cosmetic issues, or requests for documentation or feature clarification.
Initial Response Time: 1 Business Day
Resolution Time Objective: 10 Business Days
TruePhonics will use commercially reasonable efforts to resolve tickets submitted through our ticketing system at truephonics@gmail.com during the Support Hours, but does not guarantee that it will be able to respond within that specific time period or that any ticket will be Resolved.
6. DISCLAIMER OF WARRANTIES
EXCEPT AS EXPLICITLY REQUIRED UNDER ONTARIO LAW (INCLUDING THE SALE OF GOODS ACT, R.S.O. 1990, c. S.1, WHERE APPLICABLE AND NOT VALIDLY DISCLAIMED), THE TRUEPHONICS PLATFORM, SERVICES AND ALL TRUEPHONICS IP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRUEPHONICS DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM SECURITY INTEGRITY AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
TRUEPHONICS MAKES NO WARRANTY OF ANY KIND THAT THE TRUEPHONICS IP, THE TRUEPHONICS PLATFORM OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S, INCLUDING AUTHORIZED USER’S, REQUIREMENTS, OR OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
While TruePhonics maintains rigorous pedagogical and quality control benchmarks for our structured literacy progressions, the TruePhonics Platform may occasionally contain minor technical bugs, typographical errors, or instructional omissions.
TruePhonics reserves the right to correct, update, or patch any content discrepancies on the Web-based Learning Portal or Student Management Dashboards at any time without prior notice, and such minor discrepancies shall not constitute a material breach of this Agreement.
The Services are intended to support literacy instruction and educational learning. TruePhonics does not guarantee particular educational outcomes, reading levels, assessment results, or academic achievement.
7. LIMITATION OF LIABILITY
NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (SUCH AS STATUTORY CONSUMER PROTECTION MANDATES).
SUBJECT TO THE FOREGOING, IN NO EVENT SHALL TRUEPHONICS, ITS AFFILIATES, OR DIRECTORS OR MEMBERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY:
(a) INDIRECT, SPECIAL, INCIDENTAL, AGGRAVATED, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF STUDENT DATA, LOSS OF TEACHING TIME, OR SYSTEM DOWNTIME);
(b) INCREASED COSTS, DIMINUTION IN VALUE, OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS;
(c) LOSS OF GOODWILL OR REPUTATION;
(d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR
(e) COST OF REPLACEMENT GOODS OR SERVICES,
in each case regardless of whether TruePhonics was advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable.
In no event will TruePhonics' total aggregate liability arising out of or related to this Agreement, under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, and otherwise exceed the total fees paid by you to TruePhonics during the twelve (12) month period immediately preceding the event giving rise to the claim.
8. INDEMNIFICATION
The Customer agrees to defend, indemnify, and hold harmless TruePhonics, its affiliates, directors, officers and members from any claims, losses, damages, or legal expenses (including reasonable solicitor-and-client fees) arising out of:
Any breach by the Customer or any of its Authorized Users of this Agreement.
Your deployment or configuration of the Services outside the scope of this authorized license.
Any failure to obtain appropriate legal, board, or parental consents required for processing underlying student roster or voice performance data.
Infringement of intellectual property laws caused by Customer or materials provided by Customer.
9. LAWSUITS AND STATUTE OF LIMITATIONS
To the extent permitted by applicable law, you agree that any legal action or cause of action arising out of or related to the TruePhonics Platform must be officially commenced within one (1) year after the day the underlying claim or loss was first discovered, or it shall be contractually barred.
10. GOVERNING LAW AND JURISDICTION
This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
You explicitly and irrevocably agree that any legal suit, action, litigation, judicial hearing, or legal proceeding of any kind related to the TruePhonics Platform shall be initiated and maintained solely within the courts located in Kingston, Ontario, Canada.
The Parties irrevocably and unconditionally waive any objection to the venue of any action or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum.
11. GENERAL PROVISIONS
Severability: If any provision of this Agreement is found to be invalid, illegal, or for any reason unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Entire Agreement: This Agreement, together with the TruePhonics Privacy Policy and any integrated Institution Contract, constitutes the entire agreement between you and TruePhonics with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter.
To the extent of any inconsistency between this Agreement and any Institution Contract, the terms in the Institution Contract prevail.
To the extent of any inconsistency of this Agreement with any terms and conditions imposed by Customer in respect of the Services, this Agreement shall prevail.
Assignment: TruePhonics may assign its rights and obligations under this Agreement in whole or part at any time without notice.
Amendments: TruePhonics reserves the right to modify these terms. Updates may be made on the Public Website and continued use of the Services shall be subject to such updated terms, and notice of any such changes shall be provided as may be required by applicable law.
Force Majeure: In no event shall TruePhonics be liable to Customer, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement if and to the extent such failure or delay is caused by any circumstances beyond TruePhonics’ reasonable control, including but not limited to acts of God, epidemics, pandemics, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labour stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.
Waiver: No waiver by any Party of any of the provisions hereof will be effective unless explicitly outlined in writing and signed by the Party so waiving. Except as otherwise outlined in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Independent Legal Advice: Customer acknowledges and agrees that it has been advised to seek independent legal advice before entering into this Agreement and has either obtained independent legal advice or has deliberately decided not to do so, and understands Customer’s rights and obligations under this Agreement and is executing this Agreement voluntarily.
Interpretation: The headings in this Agreement are inserted for convenience or reference only and are in no way intended to describe, interpret, define, affect the construction of or limit the scope, extent or intent of this Agreement or any provision of this Agreement. The words “including”, “includes”, and “include” are deemed to be followed by “without limitation.”
