6.1. There are no third party beneficiaries to the Agreement. The parties are independent contractors, and nothing in these Agreement creates an agency, partnership or joint venture. Neither party will have the power to bind the other or to incur obligations on the other's behalf without such other party's prior written consent.
6.2. You may not assign or transfer this Agreement, in whole or in part, without mLab's prior written consent. Any attempted assignment or transfer in violation of this Section will be null, void, and without effect. Subject to the foregoing restrictions, this Agreement shall inure to the benefit of the successors and permitted assigns of the parties.
6.3. You agree that mLab may provide you with notices, including those regarding changes to this Agreement, by email, regular mail, or postings on the Service. If you have provided mLab with your email address, you acknowledge and agree that mLab may send you any notices required by law by email instead of by regular mail.
6.4. You agree that if mLab does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which mLab has the benefit of under any applicable law), this will not be taken to be a formal waiver of mLab's rights and that those rights or remedies will still be available to mLab.
6.5. mLab shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
6.6. This Agreement, and your relationship with mLab under this Agreement, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and mLab agree to submit to the exclusive jurisdiction of the courts located within the county of San Francisco, California to resolve any legal matter arising from this Agreement. Notwithstanding this, you agree that mLab shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
6.7. If any provision of this Agreement is found to be contrary to law or public policy by a court of competent jurisdiction, such provision shall be of no force or effect; but the remainder of this Agreement shall continue in full force and effect. The parties shall meet and confer in good faith with respect to any provision found to be in contravention of the law or public policy in order to agree on a substitute provision.
6.8. If mLab provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict between the English and translated versions.
6.9. This Agreement together with the attachments hereto and incorporations by reference constitutes the complete and exclusive agreement between the parties concerning its subject matter and supersedes all prior or contemporaneous agreements or understandings, written or oral, concerning the subject matter of this Agreement. This Agreement may not be modified or amended except in a writing signed by a duly authorized representative of each party.
6.10. The headings in this Agreement are for the convenience of reference only and have no legal effect.