Shurley Instructional Materials, Inc. Shurley Portal License Agreement and Terms of Use PLEASE READ THE TERMS OF USE CAREFULLY BEFORE INSTALLING THE SOFTWARE. BY INSTALLING THE SOFTWARE, LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. IF LICENSEE DOES NOT ACCEPT THE LICENSE AGREEMENT AND TERMS OF USE, THEN SHURLEY INSTRUCTIONAL MATERIALS, INC. DOES NOT GRANT ANY LICENSE TO THE SOFTWARE OR SERVICES, AND LICENSEE MUST NOT INSTALL THE SOFTWARE. 1. Your Agreement With Shurley Instructional Materials. 1.1 This document sets forth your legal agreement with Shurley Instructional Materials Incorporated (SIM) and its agents and affiliates. Your use of any SIM website, software or service (collectively "Service" or "Services") that references to these terms is subject to this License Agreement and Terms of Use. 1.2 SIM may change the Terms at its sole discretion. If we change the Terms, then we will make a new copy available at https://www.shurley.com/info/termsofuse. Your use of the Services is subject to the most current version of the Terms at the time of such use. 2. Definitions. Unless otherwise defined in the License Agreement and Terms of Use, the terms stated below have the following meanings: 2.1 "Account Information" means the information you provide to SIM when you register for a service, including your SIM ID and log-in information. 2.2 "Shurley Materials" means any Materials provided by SIM under these Terms. 2.3 "Intellectual Property Rights" means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, and any other intellectual and proprietary rights. 2.4 "Law" means any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction, such as any laws regarding the export of data or software to and from the United States or other applicable countries. 2.5 "Trademarks" means the trademarks, logos and service marks displayed on the Services. 2.6 "Materials" means any materials provided by you or SIM, including without limitation any (a) User Material; (b) information, data, documents, images, photographs, graphics, audio, videos, or webcasts, (c) products, and (d) Software. 2.7 "Shared Material" means the User Material that you or other Users share through the Services. 2.8 "Share" means to email, post, transmit, upload, or otherwise make available through your use of the Services. 2.9 "Software" means SIM software code and associated documentation, including without limitation any mobile and tablet applications related to the Services, content files, drivers, patches, or fonts. 2.10 "User" means a user of the Service. 2.11 "User Material" means (a) Your Material and (b) Shared Material uploaded by other Users. 2.12 "Your Material" means any Materials that you Share through your use of the Services. 2.13 "Your Shared Material" means Your Material that you choose to make into Shared Material. 3. Acceptance of Terms. 3.1 You may not use the Services if you do not agree to the Terms. You may accept the Terms (a) by selecting "I agree" to these Terms, (b) by using the Services in any way, such as downloading or uploading any Materials made available via the Services by SIM, you, or other Users, or (c) by merely browsing the Services. 3.2 You may not use the Services if (a) you are prohibited by Law from receiving or using the Services, (b) you are not fully able and competent to enter into a binding contract with SIM, such as if you are not of legal age or have not obtained parental consent. 3.3 SIM may require you to provide consent to the updated Terms before further use of the Services is permitted. Otherwise your continual use of any Service constitutes your acceptance of the changes. 4. Privacy Policy. For information about SIM's data protection and collection practices, please read the SIM Privacy Policy at https://www.shurley.com/info/privacy, which is incorporated herein by reference. You agree to SIM's use of your data in accordance with the Privacy Policy. 5. Ownership. 5.1 The Services, SIM Materials, and Software are protected by Intellectual Property Rights. Except as expressly provided in the Terms, SIM does not grant any express or implied rights to use the Services, Materials, or Software. All rights, title, and interest in the Service, SIM Materials, and Software in all languages, formats, and media throughout the world, are and will continue to be the exclusive property of SIM and nothing in the Terms shall be construed to award any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, to you or any third party. The Software (including any images, "applets", photographs, animations, video, audio, music, and text incorporated into the Software) is owned by SIM and is protected by United States copyright laws and international treaty provisions and all other applicable national laws. Therefore, you must treat the Software like any other copyrighted material. (e.g., a book or musical recording) You may not copy the user documentation accompanying the Software. You may be held legally responsible for any copying or copyright infringement which is caused or encouraged by your failure to abide by the terms of this restriction. 5.2 The trademarks are the property of SIM or other rights holders. You are not permitted to use the trademarks without the prior consent of SIM or the rights holder. 6. Use of Service, Materials and Software. 6.1 If you comply with the terms and conditions of this Agreement, SIM grants to you a non-exclusive, non-transferable, right to access and use the Services, and to use the SIM Materials and Software in connection with the Services, subject to the restrictions stated in this Section. 6.2 You agree: (a) Not to alter, copy, or modify the Materials; (b) Not to lease, license, rent, or sell the Materials and Software or the right to use and access the Services; (c) Not to remove, obscure, or alter any text or proprietary notices contained in Materials or software; (d) Not to copy or imitate part or all of the design, layout, or look-and-feel of the Service, which are protected by Intellectual Property Rights; (e) To use the Services and the Materials and the Software only as permitted by these Terms; and (f) That certain Services, Materials, and Software may be available only if you have paid a fee and have provided certain Account Information. 6.3 Subscribers may access and use the Services and Materials from any computer at any location where there is an Internet connection. 6.4 Student/Individual Subscription Services and Materials. The license granted herein for an Educator's paid Student/Individual Subscription. The Educator must have a Student/Individual Subscription for each student/individual in the class. Each student/individual Services and Materials are tied to an Educator's account. Each student/individual subscription is for a single user access to the student Services and Materials. Each student/individual subscription will have one Login Name, Password, and/or Class Password. These are all issued/assigned by the Educator from the Educator's account. This Student/Individual Login Name/Password is to be kept confidential. 6.5 Educator Subscription Services and Materials. The license granted herein is for a paid Educator Subscription. Each educator must have their own Educator Subscription to access the Services, Materials, and Software. One Login Name and Password is issued for each Educator Subscription. The purchasing authority must pick how the Educators Subscriptions will be administrated. The assigned administrator could be the teacher, other school personal, and or from the district. SIM may offer a service to administer all accounts for an extra fee. 6.6 The Services may enable you to specify the number of students and level at which such Services are available to access Your Materials. You are solely responsible for applying the appropriate level of access for your students to Your Materials. 6.7 SIM may allow you to import your student, teacher, and/or other information into the Services. For example, SIM may provide tools to help you upload student names, numbers, email addresses, etc. You agree that the import feature is not part of any paid Services and that you are ultimately responsible for entry of information into the Services. SIM may offer a service to administer all accounts for an extra fee. 6.8 SIM uses reasonable efforts to make the Services available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and repairs, or as a result of failure of telecommunications links and equipment that are beyond our control. SIM will take reasonable steps to minimize such disruption, to the extent it is within our reasonable control. 6.9 SIM may modify or discontinue, temporarily or permanently, the Services or Materials, or any portion thereof, with or without notice, unless state adopted and/or bound by contract. 6.10 Payment Terms. (a) Subscription Fees. Certain Services require you to purchase a subscription in order to access all or part of such Services. Subscription Fees are non-refundable, except as otherwise stated. Subscription Fees may change at the end of your subscription period. Subscription terms are available at https://www.shurley.com/info/subscription_terms. (b) You are responsible for paying all taxes levied in connection with your use of the Services. Your credit card company or bank may impose on you other fees, such as foreign exchange fees, in connection with your payment of the Subscription Fees. Your ability to access the Services may require payment of third-party fees (such as telephone toll charges, mobile carrier fees, ISP, data plan, etc.). SIM has no connection to or responsibility for such fees. (c) Collection of Subscription Fee. You agree that, in the event SIM is unable to collect the Subscription Fees owed by you to SIM for the Services, SIM may take the steps it deems necessary to collect such Subscription Fees from you and that you will be responsible for all costs and expenses incurred by SIM in connection with such collection activity. 7. Account Information. You agree that your Account Information will always be complete, accurate, and up-to-date. It is your responsibility to keep your account password or log-in credentials confidential at all times and you are solely responsible to SIM for all activity that occurs via your Account. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify SIM by contacting Support via email at: shurley@shurley.com. SIM may require that you change your Account Information or certain parts of your Account Information at any time for any reason. Unless SIM expressly allows you the right to create and manage SIM IDs as an account administrator for a school or school district, you may not use another person's Account Information. 8. User Conduct. 8.1 You agree not to access or attempt to access the Services by any means other than the interface provided by SIM or circumvent any access or use restrictions put into place to prevent certain uses of the Services. 8.2 Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; 8.3 Use any SIM domain name as a pseudonymous return email address; 8.4 Access or use the Services in any manner that could damage, disable, overburden, or impair any SIM server or the networks connected to any SIM server; 8.5 Disrupt or interfere with the security of, or otherwise cause harm to, the Services, Materials, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Services or any affiliated or linked sites; 8.6 Disrupt, interfere with, or inhibit any other User from using and enjoying the Services or Materials, or other affiliated or linked sites, Services, or Materials; 8.7 Access or attempt to access any Material that you are not authorized to access or through any means not intentionally made available through the Services; 8.8 Reproduce, sell, trade, resell or exploit for any commercial purpose, any portion of the Services or any Materials, use of any Service or Materials, or access to any Service or Materials; 8.9 Use any data mining, robots, or similar data gathering and extraction methods in connection with the Services or Materials; 8.10 Defraud, defame, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; or (w) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section 8.2. 9. Use of Software. 9.1 SIM may provide mobile and tablet applications that interact with the Service and SIM products. You are responsible for obtaining and maintaining any equipment or ancillary services needed to access mobile and tablet applications and you are responsible for all applicable taxes and fees incurred while accessing such applications (such as fees from your mobile carrier, overage charges, etc.) 9.2 SIM grants you a personal, worldwide, limited, non-transferable, non-sublicensable, non-assignable, nonexclusive license to use the Software in the manner permitted by the Terms listed herein. For clarification, you shall not distribute, lease, rent, sell, or sublicense the Software. You agree that you will not decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code of the Software. You may not modify, adapt, translate, or create derivative works based on the Software. You may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. 9.3 The Software may automatically download and install updates from SIM. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new Software modules, and completely new versions. You agree to receive such updates (and permit SIM to deliver these to you with or without your knowledge) as part of your use of the Services. 10. Your Warranty, Indemnification Obligation, and Waiver. You agree to indemnify and hold SIM and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your use of the Services or Materials, your connection to the Services or Materials, your use and access of personal information of other Users, the actions of any member of your group, your access to or use of Sites or the Linked Sites and your connections. 11. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: 11.1 THE SITE, SERVICES, AND MATERIALS ARE PROVIDED BY SIM "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SIM AND ITS LICENSORS MAKE NO WARRANTY THAT (a) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (c) THE QUALITY OF THE SITE, SERVICES, OR MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (d) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES, OR MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SIM OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. 11.2 SIM SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF OR PARTICIPATION IN ANY SERVICES AND YOUR USE OF MATERIALS. ANY MATERIAL DOWNLOADED, MADE AVAILABLE, OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SIM ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM ANY OF THE SERVICES. 11.3 SIM WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. 11.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 12. Limitation of Liability. 12.1 IN NO EVENT SHALL SIM, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF SIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES OR MATERIALS. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE SIM'S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF SIM OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY. 12.2 SIM'S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, LICENSORS, AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO US $100 OR THE AGGREGATE AMOUNT PAID BY YOU FOR ACCESS TO THE SERVICE DURING THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS LARGER. THIS LIMITATION WILL APPLY EVEN IF SIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 12.3 THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. 13. Investigations. 13.1 SIM, in its sole discretion, may (but has no obligation to) monitor or review the Services and Materials at any time. 13.2 Although SIM does not generally monitor User activity occurring in connection with the Services or Materials, if SIM becomes aware of any possible violations by you of any provision of the Terms, SIM reserves the right to investigate such violations, and SIM may, at its sole discretion, immediately terminate your rights hereunder, including your right to use the Services or Materials, or Account Information, in whole or in part, without prior notice to you. If, as a result of such investigation, SIM believes that criminal activity has occurred, SIM reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable Law, SIM is entitled to retain and/or disclose any information or Materials, including Your Material or Account Information (or elements thereof), in SIM's possession in connection with your use of the Services to (a) comply with applicable Law, legal process, or governmental request; (b) enforce the Terms; (c) respond to your requests for customer services; or (d) protect the rights, property or personal safety of SIM, its Users, or third parties, including the public at large, as SIM in its sole discretion believes to be necessary or appropriate. 14. Feedback. You have no obligation to provide SIM with ideas, suggestions or proposals ("Feedback"). However, if you submit Feedback to SIM, we may use it for any purpose without compensation to you. 15. Termination. 15.1 Termination by You. (a) As either an individual, school, or school district, that is a user for a Service, You may stop using the Service at any time. Any fees paid by you prior to your termination are not refundable. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges. (b) As a group administrator for a Service, you may terminate an individual User's access to a Service at any time. 15.2 Termination by SIM. SIM may at any time terminate our agreement with you if: (a) You have breached any provision of the Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms); (b) SIM is required to do so by Law (for example, where the provision of the Services or Materials to you is, or becomes, unlawful); (c) The provision of the Services to you by SIM is, in SIM's opinion, no longer commercially viable; (d) SIM has elected to discontinue the Services or Materials (or any part thereof); or (e) There has been an extended period of inactivity in your account. 15.3 Termination or Suspension of Services. SIM may also terminate or suspend all or a portion of your account and/or access to the Services for any reason. Termination of your account may include: (a) removal of access to all offerings within the Services; (b) deletion of Account Information, including your personal information, log-in ID and password, and all related information, files, and Materials associated with or inside your account (or any part thereof); and (c) barring of further use of the Services. 15.4 You agree that all terminations for cause shall be made in SIM's sole discretion and that SIM shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your Account Information), or access to the Services, Materials, or Software. 15.5 Upon expiration or termination of the Terms, you shall promptly discontinue use of the Services, Materials, and Software. 15.6 Upon termination of your use of the Service by you or by SIM for any other reason other than for cause, SIM will make reasonable effort to notify you at least ninety (90) days prior to termination, at the email address you provide SIM as part of your registration, 15.7 If your school/district account administrator terminates your access to a Service, then you will need to contact them directly for any further assistance. 15.8 In the event of termination by SIM for reasons other than breach of these Terms, SIM will provide notice pursuant to the General Terms and will provide you with a pro rata refund for the prepaid unused portion of the Service. 16. International Users. 16.1 The Services can be accessed from countries around the world and may contain references to Services, Materials, and Software that are not available in your country. These references do not imply that SIM intends to announce such Services, Materials, or Software in your country. 16.2 These Services are controlled, operated, and administered by Shurley Instructional Materials, Inc. from its offices in the United States of America. SIM makes no representation that the Services, Materials, or Software are appropriate or available for use outside of the United States. SIM reserves the right to block access to the Services, Materials, and Software by certain international users. If you access the Services from a location outside the United States, then you are responsible for compliance with all local Laws. 17. Export Control Laws. You acknowledge that the Services, Software, and Materials are subject to the U.S. Export Administration Regulations and other export laws, restrictions, and regulations (collectively, the "Export Laws") and that you will comply with the Export Laws. You will not ship, transfer, export, or re-export the Software or Materials, directly or indirectly, to: (a) any countries that are subject to U.S. export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Sudan, and Syria) (each, an "Embargoed Country"), (b) any end user whom you know or have reason to know will utilize them in the design, development, or production of nuclear, chemical, or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems (each, a "Prohibited Use"), or (c) any end user who has been prohibited from participating in the U.S. export transactions by any federal agency of the U.S. government (each, a "Sanctioned Party"). In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export, or use the Services, Software, or Materials. You represent and warrant that (i) you are not a citizen of, or located within, an Embargoed Country, (ii) you will not use the Services, Software, or Materials for a Prohibited Use, and (iii) you are not a Sanctioned Party. All rights to use the Services, Software, and Materials are granted on condition that such rights are forfeited if Customer fails to comply with the terms of this agreement. If SIM has knowledge that a violation has occurred, SIM may be prohibited from providing maintenance and support for the Services, Software, or Materials. 18. Resolution of Disputes. 18.1 Venue. You agree that any claim or dispute you may have against SIM must be resolved by a court located in the state of Arkansas, United States of America or controlling U.S. federal law. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. 18.2 All claims you bring against SIM must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim contrary to this section, SIM may recover attorneys' fees and costs, provided that SIM has notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim. 18.3 Notwithstanding the foregoing, in the event of your or others' unauthorized access to or use of the Services, Materials, or Software in violation of the Terms you agree that SIM shall be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. 19. Miscellaneous. 19.1 English Version. The English version of this agreement will be the version used when interpreting or construing this agreement. 19.2 Notice to SIM. Any notice provided to SIM pursuant to the Terms should be sent to 366 SIM Dr. Cabot, Arkansas 72023. 19.3 Notice to You. SIM may provide you with notices, including those regarding changes to the Terms, by email, regular mail, text message, postings on or within the Services, or other reasonable means now known or hereafter developed. 19.4 Entire Agreement. The Terms constitute the entire agreement between SIM and you with respect to your access to or use of the Services, Materials, and Software and supersede any prior agreements between you and SIM on such subject matter. 19.5 Non-Assignment. You may not assign or otherwise transfer the Terms, or any right granted hereunder, without SIM's written consent. SIM's rights under the Terms are transferable by SIM. 19.6 Severability. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect. 19.7 Waiver. Any failure by SIM to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right. 19.8 Report Abuse. Please report any violations of the Terms via email, shurley@shurley.com, in conjunction with the specific Service in which the alleged violation occurs. 19.9 You are solely responsible for your familiarity and compliance with any laws that may prohibit you from participating in or using any part of the Services.