7.1 Notice.
Written notice to Customer is sent to Customer's last known address
in Company's invoicing records. Notice shall be deemed given 3 days after
postmarked.
7.2 Waiver of Trial by Jury.
Customer and Company waive their respective
rights to a trial by jury of any and all claims or causes of action (including
counterclaims) related to or arising out of these Terms and Conditions brought
by either party against the other. Any claim or cause of action will be tried
by a court trial without a jury. The waiver applies to these Terms and Conditions
as amended or modified.
7.3 Choice of Law; Jurisdiction.
These Terms and Conditions are covered by
and construed under the laws of the State of Colorado without regard to choice
of law principles.
7.4 Waiver of Class Actions.
All claims between Customer and Company related
to these Terms and Conditions will be litigated individually and Customer
may not consolidate or seek class treatment for any claim, unless previously
agreed to in writing by Customer and Company. This waiver applies to these
Terms and Conditions as amended or modified, and survives termination of service
under these Terms and Conditions.
7.5 Severability.
If any part of these Terms and Conditions is held invalid
or unenforceable, the rest of these Terms and Conditions shall remain in full
force and effect unless Company's obligations hereunder are materially impaired.
7.6 Waiver.
If either Customer or Company does not enforce any right or remedy
available under these Terms and Conditions, that failure is not a waiver of
the right or remedy for any other breach or failure by the other party. Company's
waiver of any requirement in any one instance is not a general waiver of that
requirement and does not amend these Terms and Conditions.
7.7 Headings.
Section headings are for descriptive purposes only and are
not used to interpret these Terms and Conditions.
7.8 Entire Terms and Conditions.
These Terms and Conditions (including any referenced documents and attachments) make up the entire terms and conditions between Customer and Company and replace all prior written or spoken terms and conditions, representations, promises or understandings between Customer and Company.