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Docusign Envelope ID: 3F9554CD-064F-42A7-B10A-7261BCC15FD6
contemporaneous negotiations, discussions or agreements, whether written and oral,
communications and other understandings relating to the subject matter of this Agreement. All
waivers and modifications must be in a writing signed by both Parties, except as otherwise
provided herein. None of Customer’s purchase orders, authorizations or similar documents will
alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any
mutually agreed upon future purchase order is subject to these legal terms and does not alter the
rights and obligations under this Agreement, except that future purchase orders may outline
additional products, services, quantities and billing terms to be mutually accepted by Parties. In
the event of any conflict of terms found in this Agreement or any other terms and conditions, the
terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither
contingent upon the delivery of any future functionality or features nor dependent upon any oral
or written comments made by Flock with respect to future functionality or feature.
11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of
this Agreement and Parties do not have any authority of any kind to bind each other in any
respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.
11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in
which the Customer is located. The Parties hereto agree that venue would be proper in the
chosen courts of the State of which the Customer is located. The Parties agree that the United
Nations Convention for the International Sale of Goods is excluded in its entirety from this
Agreement.
11.7 Special Terms. Flock may offer certain special terms which are indicated in the Order
Form and will become part of this Agreement, upon Customer’s prior written consent and the
mutual execution by authorized representatives (“Special Terms”). To the extent that any terms
of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall
control.
11.8 Publicity. Upon prior written consent, Flock has the right to reference and use Customer’s
name and disclose the nature of the Services in business and development and marketing efforts.
Nothing contained in this Agreement shall be construed as conferring on any Party, any right to
use the other Party’s name as an endorsement of product/service.
11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas,
enhancement requests, feedback, recommendations or other information relating to the subject
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