Terms of Use

These Terms of Use were last updated on June 28, 2018.
These Wiretap Terms of Use (the “Agreement”) are an agreement between the person visiting, browsing, accessing, downloading, installing or otherwise using (the terms “use” and “using” will refer to any of the foregoing) the Wiretap Services (such person, the “Customer”) and Wiretap Software Incorporated (“Wiretap”), Wiretap and Customer, the “Parties” and each, a “Party”, and is entered into the earlier of: (1) the date Customer first uses any part of the Wiretap Services; and (2) the date Customer agrees to be bound by this Agreement (the “Effective Date”).
BY USING THE WIRETAP SERVICES (INCLUDING THE WEBSITE), CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ, ACCEPTS AND AGREES TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT, AS AMENDED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 13(j). IF CUSTOMER DOES NOT ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT, CUSTOMER WILL IMMEDIATELY CEASE ANY FURTHER USE OF THE WIRETAP SERVICES. CUSTOMER REPRESENTS AND WARRANTS TO WIRETAP THAT CUSTOMER HAS THE CAPACITY TO ENTER INTO THIS LEGALLY BINDING AGREEMENT (OR, IF CUSTOMER IS A MINOR, CUSTOMER’S PARENT OR LEGAL GUARDIAN HAS AGREED TO THIS AGREEMENT). IF CUSTOMER IS USING THE WIRETAP SERVICES ON BEHALF OF ANOTHER PERSON, CUSTOMER HEREBY REPRESENTS AND WARRANTS TO WIRETAP THAT CUSTOMER HAS THE AUTHORITY TO BIND SUCH PERSON TO THIS AGREEMENT.
1. Definitions
(a) “Comments” means any reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Wiretap on or through the Wiretap Software or otherwise in connection with Customer’s use of the Wiretap Services.
(b) “Customer Data” means any data, information, content, records, and files that Customer loads, receives through, transmits to or enters into the Wiretap Services, including any Comments.
(c) “Customer User Account” has the meaning set out in Section 6.
(d) “Fees” has the meaning set out in Section 8.
(e) “Modifications” means modifications, improvements, customizations, updates, enhancements, aggregations, compilations, derivative works, translations and adaptations, and “Modify” has a corresponding meaning.
(f) “Personal Information” means information about an identifiable individual.
(g) “Technical Support Services” means the support services described in Section 7.
(h) “Term” has the meaning set out in Section 12.
(i) “Third Party Streaming Service” means any live or on-demand media streaming service offered or provided by a third party, including Netflix.
(j) “Website” means any websites used by Wiretap to provide the Wiretap Services, including the website located at https://wiretap.co.
(k) “Wiretap Services” means services through which Wiretap hosts and makes available the Wiretap Software for posting and interacting with Comments in connection with Third Party Streaming Services. The term “Wiretap Services” includes the Wiretap Software and Technical Support Services.
(l) “Wiretap Software” means Wiretap’s proprietary software platform to post and interact with Comments in connection with Third Party Streaming Services, made available under the name “Wiretap”, and any updates provided as part of the Wiretap Services.
2. Wiretap Services
(a) Provisioning of the Wiretap Services. Subject to Customer’s compliance with the terms and conditions of this Agreement, Wiretap will make the Wiretap Services available to Customer on the terms and conditions set out in this Agreement.
(b) Restrictions on Use. Customer acknowledges and agrees that it is responsible for its compliance with this Agreement, any guidelines and policies published by Wiretap from time to time, and the activities through its Customer User Account on the Wiretap Services. Without limiting the generality of any of the foregoing, Customer must not itself, and will not permit others to:
(i) sub-license, sell, rent, lend, lease or distribute the Wiretap Services or any intellectual property rights therein or otherwise make the Wiretap Services available to others;
(ii) use the Wiretap Services to permit timesharing, service bureau use or commercially exploit the Wiretap Services;
(iii) use or access the Wiretap Services in violation of any applicable law or intellectual property right, in a manner that threatens the security or functionality of the Wiretap Services, or for any purpose or in any manner not expressly permitted in this Agreement;
(iv) use the Wiretap Services to create, collect, transmit, store, use or process any Customer Data:
(A) that contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
(B) that Customer does not have the lawful right to create, collect, transmit, store, use or process;
(C) that is offensive, libelous, obscene, indecent, harassing, pornographic, defamatory, hateful, infringing, illegal, threatening, abusive or contains any form of spam or commercial solicitation not provided by Wiretap;
(D) contains any false, misleading or fraudulent information; or
(E) that violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity);
(v) Modify the Wiretap Services;
(vi) reverse engineer, de-compile or disassemble the Wiretap Services;
(vii) remove or obscure any proprietary notices or labels on the Wiretap Services, including brand, copyright, trademark and patent or patent pending notices;
(ix) access or use the Wiretap Services for the purpose of building a similar or competitive product or service; or
(x) perform any vulnerability, penetration or similar testing of the Wiretap Services.
(c) Suspension of Access; Scheduled Downtime; Modifications. Wiretap may, at its discretion:
(i) suspend Customer’s access to or use of the Wiretap Services or any component thereof, and may monitor and remove any Comments submitted to the Wiretap Services:
(A) for scheduled maintenance;
(B) if Customer violates any provision of this Agreement;
(C) to address any emergency security concerns; and
(ii) Modify the Wiretap Services.
Customer is required to accept all patches, bug fixes and updates made by or on behalf of Wiretap to the Wiretap Services.
(d) Customer Comments.
(i) By submitting Comments to the Wiretap Services, Customer grants Wiretap a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right and license to use, reproduce, Modify, distribute, publish, and otherwise exploit such Comments without compensating Customer in any way.
(ii) Customer acknowledges that, subject to the Privacy Policy, Wiretap may choose to provide attribution of Customer’s Comments at Wiretap’s discretion. Without limiting anything herein, Customer acknowledges that Wiretap will not treat Customer’s Comments as Confidential Information. If any of Customer’s Comments contain sensitive or Confidential Information, Customer must not make it available through the Wiretap Services.
(iii) Wiretap does not regularly review Comments created, collected, transmitted, stored, used or processed through the Wiretap Services, but does reserve the right (but not obligation) to monitor or remove any Comments submitted to the Wiretap Services.
(iv) Customers is and will remain solely responsible for the Comments that Customer creates, collects, transmits, stores, uses or processes through the Wiretap Services.
3. Third Party Streaming Services
In order to use the Wiretap Services, Customer must connect to a Third Party Streaming Service that is compatible with the Wiretap Services. Customer is responsible for obtaining all consents and permissions and otherwise has all authority to access any video or audit content available on such Third Party Streaming Service or otherwise to use such Third Party Streaming Service to enable Wiretap to provide the Wiretap Services. Wiretap does not endorse the information or video or audio content contained on such Third Party Streaming Service or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The video or audio content on any Third Party Streaming Service is not under Wiretap’s control, and if Customer chooses to access any such video or audio content or Third Party Streaming Service, Customer does so entirely at its own risk. Such third parties (including the third party payment processors referenced in Section 8(e) below) are not subcontractors or agents of Wiretap and Wiretap is not a party to any agreement between Customer and the applicable third party. Customer’s use of the services provided by such third parties may be subject to additional terms and conditions made available to Customer by such third parties.
4. Ownership; Reservation of Rights
(a) Except as expressly provided in this Agreement, Customer retains all ownership and intellectual property rights in and to Customer Data. Customer grants to Wiretap a nonexclusive, worldwide, royalty-free, irrevocable, fully paid-up right to use, process and transmit Customer Data to provide the Wiretap Services. Wiretap may collect and analyze data and other information relating to the provision, use and performance of the Wiretap Services and related systems and technologies (including information concerning Customer Data and data derived therefrom), and during and after the Term of this Agreement, Wiretap may: (i) use such data and information to improve and enhance the Wiretap Services and for other development, diagnostic and corrective purposes in connection with the Wiretap Services and other Wiretap offerings; and (ii) disclose such data solely in aggregated or other de-identified form in connection with its business.
(b) Wiretap or its licensors retain all ownership and intellectual property rights in and to: (i) the Wiretap Services; (ii) anything developed or delivered by or on behalf of Wiretap under this Agreement; and (iii) any Modifications to the foregoing (i) and (ii).
(c) All rights not expressly granted by Wiretap to Customer under this Agreement are reserved.
5. Privacy
Customer agrees to Wiretap’s access, use, collection, storage and disclosure of Customer’s Personal Information for the purposes authorized under this Agreement. Customer understands that Personal Information will be treated in accordance with Wiretap’s privacy policy located at https://wiretap.co/privacy-policy.html (the “Privacy Policy”).
6. Customer User Account
In order to use the Wiretap Services, Customer must register for account with Wiretap (the “Customer User Account”) by allowing Wiretap to connect to Customer’s social media account, including Facebook. Customer will not share the Customer User Account with any other person or allow any other person to access the Wiretap Services through the Customer User Account. Customer will promptly notify Wiretap of any actual or suspected unauthorized use of the Wiretap Services. Wiretap reserves the right to suspend, deactivate, or replace the Customer User Account if it determines that the Customer User Account may have been used for an unauthorized purpose.
7. Support
Customer will generally have access to Wiretap’s technical support through email at support@wiretap.co.
8. Fees and Payment
(a) Fees. While most of the Wiretap Services are provided without charge, to the extent that Wiretap offers any paid Wiretap Services (as indicated on the applicable page where the paid Wiretap Services are described), Customer will pay to Wiretap such charges (the “Fees”) in accordance with the payment terms set out herein.
(b) Disputed Invoices or Charges. If Customer believes Wiretap has charged or invoiced Customer incorrectly, Customer must contact Wiretap no later than [45] days after having been charged by Wiretap in order to request an adjustment or credit. In the event of a dispute, Customer will pay any undisputed amounts in accordance with the payment terms herein, and the Parties will discuss the disputed amounts in good faith in order to resolve the dispute.
(c) Late Payment. Customer may not withhold or setoff any amounts due under this Agreement. Wiretap reserves the right to suspend Customer’s access to the Wiretap Services until all due amounts are paid in full. Any late payment will be increased by the costs of collection (if any) and will incur interest at the rate of one and a half percent (1.5%) compounded monthly (19.56% annually), or the maximum legal rate (if less), plus all expenses of collection, until fully paid.
(d) Taxes. The Fees do not include applicable sales, use, gross receipts, value-added, GST or HST, personal property or other taxes. Customer will be responsible for and pay all applicable taxes, duties, tariffs, assessments, export and import fees or similar charges (including interest and penalties imposed thereon) on the transactions contemplated in connection with this Agreement other than taxes based on the net income or profits of Wiretap.
(e) Third Party Payment Processors. In order to use the paid Wiretap Services, Customer may be required to provide a valid credit or debit card to Wiretap’s third party payment processor. By using the paid Wiretap Services, Customer authorizes Wiretap’s third party payment processor to post such pre-authorized charge and to charge Customer’s credit or debit card. The Fees do not include any payment processing fees assessed by third party payment processors for which Customer will be solely responsible. Wiretap and its third party payment processors are not responsible for the transmission or processing of any payments Customer makes or receives pursuant to Customer’s use of the Wiretap Services.
9. Confidential Information
(a) Definitions. For the purposes of this Agreement, a Party receiving Confidential Information (as defined below) will be the “Recipient”, the Party disclosing such information will be the “Discloser” and “Confidential Information” means information marked or otherwise identified in writing by a Party as proprietary or confidential, or information that, under the circumstances surrounding the disclosure, the Recipient should recognize as being confidential; provided that Discloser’s Confidential Information does not include, except with respect to Personal Information: (i) information already known or independently developed by Recipient without access to Discloser’s Confidential Information; (ii) information that is publicly available through no wrongful act of Recipient; or (iii) information received by Recipient from a third party who was free to disclose it without confidentiality obligations.
(b) Confidentiality Covenants. Recipient hereby agrees that during the Term and at all times thereafter it will not: (i) disclose Confidential Information of the Discloser to any person, except to its own personnel or affiliates having a “need to know” and that have entered into written agreements no less protective of such Confidential Information than this Agreement, and to such other recipients as the Discloser may approve in writing; (ii) use Confidential Information of the Discloser except to exercise its license rights or perform its obligations under this Agreement; or (iii) alter or remove from any Confidential Information of the Discloser any proprietary legend. Each Party will take reasonable precautions to safeguard the other Party’s Confidential Information. Those precautions will be at least as great as the precautions that the Recipient takes to protect its own Confidential Information of a similar type.
(c) Exceptions to Confidentiality. Notwithstanding Section 9(b), Recipient may disclose Discloser’s Confidential Information: (i) to the extent that such disclosure is required by applicable law or by the order of a court or similar judicial or administrative body, provided that, except to the extent prohibited by law, the Recipient promptly notifies the Discloser in writing of such required disclosure and cooperates with the Discloser to seek an appropriate protective order; (ii) to its legal counsel and other professional advisors if and to the extent such persons need to know such Confidential Information in order to provide applicable professional advisory services in connection with the Party’s business; or (iii) in the case of Wiretap, to potential assignees, acquirers or successors of Wiretap if and to the extent such persons need to know such Confidential Information in connection with a potential sale, merger, amalgamation or other corporate transaction involving the business or assets of Wiretap.
10. Warranty; Disclaimer; Indemnity
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO CUSTOMER, SOME OR ALL OF THE FOLLOWING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND CUSTOMER MAY HAVE ADDITIONAL RIGHTS.
(a) Customer Warranty. Customer represents and warrants to, and covenants with Wiretap that the Customer Data will only contain Personal Information in respect of which Customer has provided all notices and disclosures, obtained all applicable third party consents and permissions and otherwise has all authority, in each case, as required by applicable laws, to enable Wiretap to provide the Wiretap Services, including with respect to the collection, storage, access, use, disclosure and transmission of Personal Information, including by or to Wiretap and to or from all applicable third parties.
(b) GENERAL DISCLAIMER. WIRETAP DOES NOT WARRANT THAT THE WIRETAP SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ALL ERRORS CAN OR WILL BE CORRECTED; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WIRETAP SERVICES. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE WIRETAP SERVICES (OR ANY PART THEREOF), AND ANY OTHER PRODUCTS AND SERVICES PROVIDED BY WIRETAP TO CUSTOMER ARE PROVIDED “AS IS” AND “AS AVAILABLE”.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WIRETAP HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, COLLATERAL OR STATUTORY WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, NON-INFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, WIRETAP EXPRESSLY DISCLAIMS ANY REPRESENTATION, CONDITION OR WARRANTY THAT ANY DATA OR INFORMATION PROVIDED TO CUSTOMER IN CONNECTION WITH CUSTOMER’S USE OF THE WIRETAP SERVICES (OR ANY PART THEREOF) IS ACCURATE, OR CAN OR SHOULD BE RELIED UPON BY CUSTOMER FOR ANY PURPOSE WHATSOEVER.

WIRETAP DOES NOT ENDORSE ANY COMMENTS ON OR ANY VIDEO OR AUDIO CONTENT PROVIDED BY THIRD PARTY STREAMING SERVICES IN CONNECTION WITH THE WIRETAP SERVICES. WIRETAP SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY COMMENTS SUBMITTED BY CUSTOMER OR ANY THIRD PARTY, OR ANY VIDEO OR AUDIT CONTENT PROVIDED BY THIRD PARTY STREAMING SERVICES.
(c) Indemnity Customer will defend, indemnify and hold harmless Wiretap, its employees, officers, directors, affiliates, agents, contractors, successors, and assigns against any and all third party liability (including damages, recoveries, deficiencies, interest, penalties and legal fees), directly or indirectly arising from or in connection with: (i) Customer Data; (ii) Customer’s breach of any of Customer’s obligations, representations or warranties under this Agreement; or (iii) except as otherwise provided in this Agreement, use of the Wiretap Services (or any part thereof) by Customer in combination with any third party software, application or service. Customer will fully cooperate with Wiretap in the defense of any claim defended by Customer pursuant to its indemnification obligations under this Agreement and will not settle any such claim without the prior written consent of Wiretap.
11. Limitation of Liabilities
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO CUSTOMER, SOME OR ALL OF THE FOLLOWING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY AND CUSTOMER MAY HAVE ADDITIONAL RIGHTS.
The Parties acknowledge that the following provisions reflect a fair allocation of risk and form an essential basis of the bargain and will survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy:
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WIRETAP BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT WIRETAP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THIS AGREEMENT.
(b) TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WIRETAP’S TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THIS AGREEMENT, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE WIRETAP SERVICES EXCEED $100 CANADIAN DOLLARS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITIES OF SUCH DAMAGES. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF SERVICE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.
12. Term and Termination
(a) Term. This Agreement will commence on the Effective Date and continue to be in effect until terminated in accordance with its terms (the “Term”).
(b) Termination. Either Party may terminate this Agreement as follows: (i) Wiretap may terminate this Agreement at any time and with immediate effect by giving notice to Customer, at Wiretap’s discretion, by email (at Customer’s current email address on file with Wiretap); or (ii) Customer may terminate this Agreement at any time and with immediate effect by ceasing use of the Wiretap Services and uninstalling and removing all components thereof.
(c) Survival. The following Sections, together with any other provision of this Agreement which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of this Agreement, will survive expiration or termination of this Agreement for any reason: Section 2(d)(iv) (Ownership; Reservation of Rights), Section 4 (Privacy), Section 8 (Fees and Payment), Section 9 (Confidential Information), Section 10 (Warranty; Disclaimer; Indemnity), Section 11 (Limitation of Liabilities), Section 12(c) (Survival), and Section 13 (General Provisions).
13. General Provisions
(a) Notices. Notices sent to either Party will be effective when delivered in person or by email, one day after being sent by overnight courier, or five days after being sent by first class mail postage prepaid to the official contact designated by the Party to whom a notice is being given. Notices must be in writing and sent: (i) if to Wiretap, to the following address:

Wiretap Software Inc.
170 - 422 Richards St
Vancouver, BC
V6B 2Z4

Email: support@wiretap.co

and (ii) if to Customer, to the current postal or email address that Wiretap has on file with respect to Customer. Wiretap may change its contact information by posting the new contact information on the Website or by giving notice thereof to Customer. Customer is solely responsible for keeping its contact information on file with Wiretap current at all times during the Term.
(b) Assignment. Customer will not assign this Agreement to any third party without Wiretap’s prior written consent. Wiretap may assign this Agreement or any rights under this Agreement to any third party without Customer’s consent. Any assignment in violation of this Section will be void. This Agreement will inure to the benefit of and be binding upon the Parties, their permitted successors and permitted assignees.
(c) Choice of Law. This Agreement and any action related thereto will be governed by and construed in accordance with the substantive laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflicts of law principles. The Parties will initiate any lawsuits in connection with this Agreement in Vancouver, British Columbia, Canada, and irrevocably attorn to the exclusive personal jurisdiction and venue of the courts sitting therein. The U.N. Convention on Contracts for the International Sale of Goods will not apply to this Agreement. This choice of jurisdiction does not prevent Wiretap from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
(d) Construction. Except as otherwise provided in this Agreement, the Parties’ rights and remedies under this Agreement are cumulative. The terms “include” and “including” mean, respectively, “include without limitation” and “including without limitation.” The headings of sections of this Agreement are for reference purposes only and have no substantive effect. The terms “consent” or “discretion”, when used in respect of Wiretap in this Agreement means the right of Wiretap to withhold such consent or exercise such discretion, as applicable, arbitrarily and without any implied obligation to act reasonably or explain its decision to Customer.
(e) Force Majeure. Neither Party will be liable for delays caused by any event or circumstances beyond Wiretap’s reasonable control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving Wiretap’s employees), Internet service failures or delays, or the unavailability or Modification by third parties of telecommunications or hosting infrastructure or third party websites.
(f) Severability. Any provision of this Agreement found by a tribunal or court of competent jurisdiction to be illegal or unenforceable will be severed from this Agreement and all other provisions of this Agreement will remain in full force and effect.
(g) Waiver. A waiver of any provision of this Agreement must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
(h) Independent Contractors. Wiretap’s relationship to Customer is that of an independent contractor, and neither Party is an agent or partner of the other. Neither Party will have, and will not represent to any third party that it has, any authority to act on behalf of the other Party.
(i) Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous agreements, representations or other communications, whether written or oral.
(j) Amendments. Subject to the following sentence, no amendment, supplement, modification, waiver, or termination of this Agreement and, unless otherwise expressly specified in this Agreement, no consent or approval by any Party, will be binding unless executed in writing by the Party or Parties to be bound thereby. NOTWITHSTANDING THE PRECEDING SENTENCE, WIRETAP MAY UNILATERALLY AMEND THIS AGREEMENT, IN WHOLE OR IN PART (EACH, AN “AMENDMENT”), BY: (I) GIVING CUSTOMER PRIOR NOTICE OF SUCH AMENDMENT; OR (II) POSTING NOTICE OF SUCH AMENDMENT ON THE WEBSITE. UNLESS OTHERWISE INDICATED BY WIRETAP, ANY SUCH AMENDMENT WILL BECOME EFFECTIVE AS OF THE DATE THE NOTICE OF SUCH AMENDMENT IS PROVIDED TO CUSTOMER OR IS POSTED ON THE WEBSITE (WHICHEVER IS THE EARLIER).
(k) English Language. It is the express wish of the Parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.