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19. Choice of Law
This agreement is, and shall be governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and performed in Washington, excluding conflicts of law provisions.

20. Notice of Claim, Filing of Suit
Any claim arising under this Agreement shall be presented to the other party within a reasonable period of time, and in no event shall suit on such claim be commenced more than six (6) months after the event, act or omission giving rise to the claim. The venue of any action arising under this Agreement shall be the state or federal courts located in King County, Washington. In any legal action arising under this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs.

21. Invalidity
If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect.

22. Non-Waiver
The failure of any party to insist upon strict performance of any of the terms and conditions of this Agreement, or to exercise any option or right herein conferred, in any one or more instances, shall not be construed to be a waiver or relinquishment of the right to insist upon future performance of such term or condition, which shall be and remain in full force and effect.

23. Entire Agreement, Modifications
These terms and conditions, together with the Pricing for the Service and any additional Operating Rules published by Divinsa from time to time, constitute the entire and only agreement (collectively, the "Agreement") between Divinsa and you (including your designated users) with respect to the Service, and supersede all prior communications and agreements with regard to the subject matter hereof. Upon notice published on www.divinsa.com, Divinsa may prospectively modify its Operating Rules or Prices, and may discontinue or revise any or all other aspects of the Service, at its sole discretion and without advance notice. Additionally, on fifteen (15) days prior notice to you, which maybe given via email to your designated email address, Divinsa may modify these terms and conditions. Your continued use of the Service after the effective date of such modifications shall constitute acceptance of such modified terms and conditions. No provision or condition in any purchase order, confirmation, letter or other communication from or on behalf of you which is in any way inconsistent with, or purports to add to, the provisions of this Agreement shall have any legal effect. Neither the course of conduct between parties nor trade practice shall act to or modify the provisions of this Agreement.

 

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