| Governing
Law: You agree that any dispute or claim
arising out of this program or agreement
shall be settled by binding arbitration
in Douglas County, Nevada under the American
Arbitration Association Rules. The proceedings
shall be conducted and all evidence shall
be offered in the English language. Regardless
of any law to the contrary, any claim against
us must be filed within one year of the
time such claim arose, otherwise such claim
will be barred forever. We agree that regardless
of any law to the contrary, that the arbitrator
shall have no authority to award, punitive
or exemplary damages against any party to
this agreement. Notwithstanding
the above, we may apply to any court of
competent jurisdiction for a temporary
restraining order or other interim relief,
as necessary without breach of this agreement
and without abridgment of the powers of
the arbitrator.
THIS AGREEMENT SHALL BE
GOVERNED BY THE LAWS OF THE COMMONWEALTH
OF VIRGINIA, WITHOUT REGARD TO CONFLICTS
OF LAWS PROVISIONS AND SUCH LAW SHALL
BE APPLIED BY THE ARBITRATOR TO THE MERITS
OF ANY DISPUTE OR CLAIM. FOR ANY NON-ARBITRAL
ACTION OR PROCEEDING ARISING OUT OF OR
RELATED TO THIS PROGRAM OR THIS AGREEMENT,
SOLE AND EXCLUSIVE JURISDICTION SHALL
RESIDE WITH THE APPROPRIATE STATE COURT
LOCATED IN FAIRFAX COUNTY, VIRGINIA OR
FEDERAL COURT LOCATED IN ALEXANDRIA, VIRGINIA.
While this program is available
on the Internet to international users,
the program is and remains a U.S. offering
and all use of the information collected
is and shall remain subject to U.S. law
and practice. International users must
take this into account and should consult
their local laws and independently determine
whether participation is desired given
these facts.
Third Party Rights: This
agreement shall not create any rights
or remedies in any parties other than
the parties to the agreement and no person
shall assert any rights as a third party
beneficiary under this agreement.
Assignment: You may not
assign this agreement or any rights or
obligations under this agreement without
our prior written approval. We reserve
the right to assign this agreement, and
its rights and obligations, to a third
party without your prior consent, on the
condition that the assignee agrees to
be bound by the terms and conditions of
this agreement.
Waiver: The failure of
us to exercise or enforce any right or
provision of the Agreement shall not constitute
a waiver of such right or provision.
Severability: If any provision
of this agreement is held to be unenforceable,
such provision shall be reformed only
to the extent necessary to make it enforceable.
In any event, the remaining provisions
shall be enforced.
Indemnity: You agree to
defend, indemnify and hold our company
and our affiliates, officers, directors,
and employees harmless from and against
any and all claims, losses, damages, liabilities
and costs including without limitation,
reasonable attorney’s fees, arising
out of or relating to your breach of this
Agreement or misuse of this program.
Disclaimers of Warranty:
YOU ACKNOWLEDGE THAT THIS PROGRAM AND
ALL SOFTWARE, CHANGES TO YOUR COMPUTER,
FUNCTIONS, MATERIALS AND INFORMATION MADE
AVAILABLE AS PART OF THIS PROGRAM ARE
PROVIDED ‘AS IS.' OUR COMPANY, ITS
SERVICE PROVIDERS, AND AFFILIATES DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES
WILL OUR COMPANY, ITS SERVICE PROVIDERS
OR AFFILIATES BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR
INABILITY TO USE, THE PROGRAM, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES RESULTING IN ANY WAY FROM
THIS PROGRAM. THE TERMS OF THIS SECTION
WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
IN JURISDICTIONS WHICH RESTRICT LIMITATION
OF LIABILITY OR DISCLAIMER OF WARRANTY
PROVISIONS, OUR COMPANY’S LIABILITY
WILL BE LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW. THIS LIMITATION WILL
APPLY REGARDLESS OF THE FAILURE OF THE
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Third Party Products and
Services: We neither endorse nor accept
responsibility for any third party materials
accessed through the Internet.
ENTIRE AGREEMENT: This
Agreement constitutes the entire agreement
between sponsor and you with respect to
the subject matter contained in the Agreement.
This Agreement is
effective as of May 4, 2007.
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