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Terms of Use
6. Term and Termination.
a. Term. This Agreement shall commence as of the Effective Date and shall remain in effect for one (1) year from thereafter ("Term"), unless otherwise terminated as provided herein. The Term shall be automatically renewed for successive twelve (12) month periods unless either party provides the other written notice of its intent not to renew the Term at least sixty (60) days prior to the end of the Term or any renewal Term.
b. Termination. Without prejudice to any other remedies, Participant may terminate this Agreement at any time upon giving at least ten (10) days written notice to Demand Exchange. At its option, Demand Exchange may suspend its performance hereunder, Participant’s access to the Marketplace and/or immediately terminate the Term upon notice if Participant exceeds the scope of use of this Website set forth herein, fails to observe its obligations set forth in the Confidentiality Section, fails to perform any of its obligations pursuant to any agreement or Trade entered into through the Marketplace, or commits a material breach of any of the terms hereunder and such breach remains uncured five (5) days after written notice of such breach is delivered to Participant. Rights of termination are without prejudice to any remedies available to the parties hereunder for breach, at law or in equity. Any termination by a Participant shall not be effective as to any pending Trade or commitment to participate in a Trade that extends beyond the date of termination for which Participant has indicated agreement either manually or by entering your Electronic Agreement. Upon termination, Demand Exchange shall not be obligated to permit Participant to complete any pending Trade via the Marketplace. The provisions of this Agreement shall survive the end of the Term and/or termination of this Agreement.
7. Participant Content.
Participant grants Demand Exchange the right to use the content submitted by the Participant ("Participant Content") for all purposes associated with this Website and as disclosed in the Demand Exchange Privacy Policy applicable to the Participant Content at the time it is submitted to this Website. Demand Exchange is entitled to copy and store all information transmitted through this Website by or to Participant and to use that information in order to arrange Trades and other services and functions of this Website, provided that such information will be treated as Confidential Information pursuant to Section 12 below. Participant agrees that Demand Exchange may record and observe Trades to assist Demand Exchange in providing and maintaining this Website, however Demand Exchange does not undertake any obligation to record or observe any or all Trades. Demand Exchange may use and disclose any such information in an aggregated form that will not disclose the trading habits of Participant or violate applicable laws.
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