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Terms of Service

21. Miscellaneous
Any dispute or controversy arising out of or relating to any interpretation, construction, performance or breach of these Terms and Conditions shall be exclusively governed by the laws of the State of New York without regard to its conflict of law provisions. The parties further agree to submit to personal jurisdiction in the federal or state courts of the State of New York, County of New York, as such courts shall serve as the exclusive venue for all dispute resolution. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions by Cellufun must be made in writing and signed by an authorized representative of Cellufun specifically referencing these Terms and Conditions and the provision to be waived. Headings used in these Terms and Conditions are for convenience only and are not to be relied upon. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. These Terms and Conditions will inure to the benefit of, and are intended to be enforceable by, Cellufun successors, assigns and licensees.

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