TERMS
OF USE AGREEMENT
PLEASE
READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND
RESPONSIBILITIES
This is the official Terms of Use Agreement ("Agreement") for
CompleteMarkets.com ("Site," "we," "us," or "our"), an Internet website offered in cooperation
or connection with INSOMIS CORP (“INSOMIS”).
This Agreement governs only the content, features, and activities related
to this Site and does not cover other websites for INSOMIS, any subsidiaries and affiliates of INSOMIS
(collectively, “Affiliates”), or any other
company, unless specifically stated.
This Site is offered and made available only to users 18 years of age or older
who reside in the United States of America, its territories and possessions (“U.S.”) and certain features on this Site (including,
but not limited to, user registration and newsletter signups) may be subject to
heightened age and/or other eligibility requirements. If you are not yet 18
years old or the required greater age for certain features, do not reside in
the U.S. and/or do not meet any other eligibility requirements, please
discontinue using the Site immediately or, if for any reason, you do not agree
with all of the terms and conditions contained in this Agreement, please
discontinue using the Site immediately because by using or attempting to use
the Site, you certify that you are at least 18 years of age or other required
greater age for certain features and meet any other eligibility and residency
requirements of the Site.
These
terms and conditions regarding your use of the Site constitute a legally
binding agreement between you and INSOMIS.
In this Agreement, the term "Site" includes all websites and web
pages within the Site as well as any equivalent, mirror, replacement,
substitute or backup websites and web pages that are associated with the Site.
By using this Site, you understand, acknowledge and agree that you will abide
by the terms of this Agreement and any additional terms that govern certain
products and services, which will be presented in conjunction with those
products and services ("Additional Terms"),
including, but not limited to, the User Content Agreement which governs your submission of User Content as such term is
defined therein. The Site may also provide rules of participation ("Rules") for certain activities and services
including, but not limited to, contests and sweepstakes, award programs,
membership clubs, email, and dating services. The Site's Additional Terms and the Privacy Policy and the Rules are hereby incorporated in this Agreement by
reference. To the extent that there is a conflict between this Agreement and
Additional Terms for the activity in which you choose to participate, the
Additional Terms shall govern. To the extent that there is a conflict between
this Agreement and the specific Rules for the activity in which you choose to
participate, the Rules shall govern. This Agreement will remain in full force and
effect as long as you are a user of the Site and in the event of termination of
any membership, service or feature, you will still be bound by your obligations
under this Agreement, the Privacy Policy, any Additional Terms or Rules, including any indemnifications,
warranties and limitations of liability.
The words "use" or "using" in this Agreement means any time an
individual (a "user"), directly or
indirectly, with or without the aid of a machine or device, does or attempts to
access, interact with use, display, view, print or copy from the Site,
transmit, receive or exchange data or communicate with the Site, or in any way
utilizes, benefits, takes advantage of or interacts with any function, service
or feature of the Site, for any purpose whatsoever. This Agreement does not
cover your rights or responsibilities with respect to third party content or
sites or any links that may direct your browser or your connection to third
party sites or pages. This is the entire and exclusive Agreement between you
and us regarding use of the Site and it cannot be modified, except as
specifically described below in Section 2.
1. REGISTRATION
We may require each user to have a unique user name and password combination in
order to access and use certain features or functions of the Site and may also,
from time to time, provide users with additional codes or passwords necessary
to access and use certain features or functions of the Site. Please read
our Privacy
Policy,
which describes the personally identifiable information ("Personal Information") we collect, use, disclose,
manage and store. As part of the registration process for the feature or
function, you will choose a user name and password (or we may assign an initial
password which we will give you the option to change). Your user name and
password are personal to you and you may not allow any others to use your user
name or password under any circumstances. We are not liable for any harm caused
or related to the theft or misappropriation of your user name or password,
disclosure of your user name or password, or your authorization of anyone else
to use your user name or password. You agree to immediately notify us if you
become aware of or believe there is or may have been any unauthorized use of
(or activity using) your user name or password or any other need to deactivate
your user name or password due to security concerns.
2. MODIFICATIONS
We reserve the right, at any time and from time to time, for any reason in our
sole discretion, to change the terms of this Agreement. We will post or display
notices of material changes on the Site and/or e-mail you or notify you upon
login about these changes; the form of such notice is at our discretion. Once
we post them on the Site, these changes become effective immediately and if you
use the Site after they become effective it will signify your agreement to be
bound by the changes. You should check back frequently and review the terms and
conditions of this Agreement, including, but not limited to, the User Content Submission
Agreement, other Additional Terms, Rules and Privacy Policy, regularly so you
are aware of the most current rights and obligations that apply to you and the
terms and conditions of your agreement with us.
3. OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of this Site, including all Site software, design, text, images,
photographs, illustrations, audio and video material, artwork, graphic
material, databases, proprietary information and all copyrightable or otherwise
legally protectable elements of the Site, including, without limitation, the
selection, sequence and 'look and feel' and arrangement of items, and all
trademarks, service marks and trade names (individually and/or collectively,
"Material"), are the property of INSOMIS, and its
Affiliates, and any of their respective successors and assigns, and any of
their respective licensors, Advertisers (as defined below), suppliers, and
operational service providers and are legally protected, without limitation,
under U.S. Federal and State, as well as applicable foreign laws, regulations
and treaties. Unless the context clearly requires otherwise or we explicitly
say so in writing, the term "Site" includes "Material" as
well. The Site is to be used solely for your non-exclusive, non-assignable,
non-transferable and limited personal use and for no other purposes. You must
not alter, delete or conceal any copyright or other notices contained on the
Site, including notices on any Material you download, transmit, display, print
or reproduce from the Site. You shall not, nor will you allow any third party
(whether or not for your benefit) to reproduce, modify, create derivative works
from, display, perform, publish, distribute, disseminate, broadcast or
circulate to any third party (including, without limitation, on or via a third
party website), or otherwise use, any Material without the express prior
written consent of INSOMIS or its owner if INSOMIS is not the owner. Any
unauthorized or prohibited use of any Material may subject you to civil
liability, criminal prosecution, or both, under applicable federal, state and
local laws. We require users to respect our copyrights, trademarks, and other
intellectual property rights. We likewise respect the intellectual property of
others. On notice, we will act expeditiously to remove content on the Site that
infringes the copyright rights of others and will disable the access to the
Site and its services of anyone who uses them to repeatedly to infringe the
intellectual property rights of others.
We take protection of copyrights, both our own and others, very
seriously. We therefore employ multiple measures to prevent copyright
infringement over this Site and to promptly end any infringement that might
occur. If you believe that the Site contains elements that infringe your
copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy.
4. ADVERTISING
From time to time, you may communicate with, receive communications from, be
re-directed to, interact with, or participate in or use the services or obtain
goods and services of or from, third parties (collectively, the "Advertisers") such as our advertisers, sponsors,
or promotional partners. as a result of your use of the Site. All such
communication, interaction and participation is strictly and solely between you
and such Advertisers and we shall not be responsible or liable to you in any
way in connection with these activities or transactions (including, without
limitation, any representations, warranties, covenants, contracts or other
terms or conditions that may exist between you and the Advertiser or any goods
or services you may purchase or obtain from any Advertiser).
5. RULES OF CONDUCT
Your use of the Site is subject to all applicable local, state, national laws
and regulations and, in some cases, international treaties. You are solely
responsible for all activities, acts and omissions that occur in, from, through
or under your user name or password. You shall not use, allow, or enable others
to use the Site, or knowingly condone use of this Site by others, in any manner
that is, attempts to, or is likely to:
- be
libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually
explicit or sexually suggestive, racially, culturally, or ethnically offensive,
harmful, harassing, intimidating, threatening, hateful, objectionable,
discriminatory, or abusive, or which may or may appear to impersonate anyone
else;
- affect
us adversely or reflect negatively on us, the Site, our goodwill, name or
reputation or cause duress, distress or discomfort to us or anyone else, or
discourage any person, firm or enterprise from using all or any portion,
features or functions of the Site, or from advertising, linking or becoming a
supplier to us in connection with the Site;
- send
or result in the transmission of junk e-mail, chain letters, duplicative or
unsolicited messages, or so-called "spamming" and
"phishing";
- be
used for commercial or business purposes, including, without limitation,
advertising, marketing or offering goods or services, whether or not for
financial or any other form of compensation or through linking with any other
website or web pages;
- transmit,
distribute or upload programs or material that contain malicious code, such as
viruses, time-bombs, cancelbots, worms, Trojan horses, spyware, or other
potentially harmful programs or other material or information;
- forge
any TCP/IP packet header or part of the header information in any email or
newsgroup posting for any reason;
- violate
any laws, regulations (including, without limitation, laws regarding the
transmission of technical data or software exported from the United States),
judicial or governmental order or any treaties, or violate or infringe upon any
intellectual property rights, rights of publicity or privacy or any other
rights of ours or of any other person, firm or enterprise; gain unauthorized
access to the Site, other users' accounts, names, passwords, personally
identifiable information or other computers, websites or pages, connected or
linked to the Site or to use the Site in any manner which violates or is
inconsistent with the terms and conditions of this Agreement;
- modify,
disrupt, impair, alter or interfere with the use, features, functions,
operation or maintenance of the Site or the rights of use and enjoyment of the
Site by any other person, firm or enterprise; or
- collect,
obtain, compile, gather, transmit, reproduce, delete, revise, view or display
any material or information, whether personally identifiable or not, posted by
or concerning any other person, firm or enterprise, in connection with their or
your use of the Site, unless you have obtained the express, prior permission of
such other person, firm or enterprise to do so.
6. VIRAL FEATURES
There may be portions of our Site, content, functionality or features (e.g, blog
posts, articles, videos, digital streaming media player(s)) ("Viral
Features") that we make available to users for your personal use.
While we can obviously change how, to whom and to what extent we make these
Viral Features available at any time without any notice and in our sole
discretion, so long as they are available to you, whenever you visit our Site
or take advantage of any of these Viral Features (whether you use these
Viral Features on your own personal or customized web pages, whether
they are displayed or appear embedded or housed within a web page or
website of anyone else, whether a commercial website or web page, an
advertisement, promotional message or even a personalized or customized web
page of a friend or through any device that can access any of these Viral
Features) you agree not to download any content made available as part of the
Viral Features and acknowledge that such content is available only for
streaming viewing and, further, that you are bound by the applicable provisions
of this Agreement and our Privacy Policy.
7. POSTINGS
Your comments, suggestions and information are important to us. Portions
of this Site may provide you and other users an opportunity to participate in
forum services, blogs, web communities and other message and communication
facilities (“Communities”) and may provide you with the opportunity,
through such Communities or otherwise, to submit, post, display, transmit
and/or exchange (a) information, ideas, opinions, messages or other information
(“Post” or “Postings”) and (b)
User Content (as defined in the User Content Submission Agreement), your submission of
which is also governed by the terms and conditions therein, and considered a
Posting for purposes of this Agreement. You understand, acknowledge and
agree that such Postings are the sole responsibility of the person from which
such Postings originated. This means that you are solely and entirely
responsible for the consequences of all Postings that you upload, post, email,
transmit or otherwise make available via the Site. Postings do not
reflect the views of the Site, INSOMIS or the Affiliates. We reserve the
right to monitor, edit or screen any Postings. If we determine, in our
sole discretion and judgment, that any Posting does or may violate any of the
terms of this Agreement, we reserve the right, at any time and without limiting
any and all other rights we may have under this Agreement, at law or in equity,
to: (i) refuse to allow you to Post; (ii) remove and delete Postings; (iii)
revoke your right to use the Site; and/or (iv) use any technological, legal,
operational or other means available to us to enforce the provisions of this
Agreement, including, without limitation, blocking specific IP addresses or
deactivating your registration on the Site.
If a Posting originates from you or your account, you hereby agree that: (a) you
specifically authorize the Site, INSOMIS and the Affiliates to use such Posting
in whole or in part, throughout the universe, in perpetuity in or on any and
all media, now known or hereafter devised, and alone or together with or as
part of other information, content and/or material of any kind or nature; (b)
you represent and warrant that (i) the Posting is original to you and/or fully
cleared for use as contemplated herein, (ii) the Posting does and will not, in
any way, violate or breach any of the terms of this Agreement, (iii) the
Posting does not contain libelous, tortious, or otherwise unlawful information,
infringe or violate any copyright or other right, or contain any matter the
publication or sale of which will violate any federal or state statute or
regulation, (iv) the Posting is not obscene or in any other manner unlawful,
(v) the Posting shall not be injurious to the health of any user, and (vi) we
shall not be required to pay or incur any sums to any person or entity as a
result of our use or exploitation of the Posting; and (c) if your Posting
incorporates the name, logo, brand, service or trademark, voice, likeness or
image of any person, firm or enterprise, you specifically represent and warrant
that (i) you have the right to grant the Site, INSOMIS and the Affiliates
the right to use all such Postings as described above, (ii) the Posting was
produced in compliance with all applicable laws and regulations and (iii) for
any User Content Posting that contains original videos, you will comply with
any applicable identification verification and record-keeping requirements, and
you will secure and maintain the requisite personal information and
identification documentation for all individuals who appear in any such
original videos, as may be required by law and/or otherwise requested or
required by us in connection with our corporate compliance policies and
practices, which includes (y) the individual’s full legal name, current
address, date of birth and (z) a legible photocopy of a valid government-issued
identification document (e.g., a U.S.
passport, state driver’s license or valid photo ID card) to verify the
individual’s identity. With the submission of each such Posting, INSOMIS and
the Affiliates reserve the right to request that you, and upon such request you
must, deliver a full and complete set of such identification verification
records to us, as well as a legible photocopy of your valid driver’s license,
passport or other acceptable government-issued photo identification for our verification
and record-keeping purposes. In addition, you specifically acknowledge
and agree to abide by our policies regarding governmental certification
procedures relating to the foregoing identification verification and
record-keeping procedures and, if applicable, you will promptly comply with any
specific requests or directions we give you in connection with Postings you
submit that may be subject to these requirements.
You
understand, acknowledge and agree that we have the right to delete, re-format
and/or change your Postings in any manner that we may determine (although you
will not be responsible for any such changes made). The amount of storage space
on the Site per user is limited. Some Postings may not be processed due to
space constraints or outbound message limitations. You understand, acknowledge
and agree that we assume no responsibility for deletion of Postings or any
failure to store, receive or deliver Postings in a timely manner or any other
matter relating to Postings. Posting is for noncommercial purposes only and you
may not Post in any manner which does or is intended to promote or generate
revenue for any business enterprise or commercial activity.
If you believe that any content on the Site (including, without limitation,
Postings) violates any of the terms of this Agreement (except for any notices
covered by the Copyright Compliance Policy), please email support@completemarkets.com to send us a message
about it (please refer to our Copyright Compliance Policy for any
notices covered by the Copyright Compliance Policy). We cannot guarantee
that we will respond to your message and we reserve the right to take or
refrain from taking any or all steps available to us once we receive any such
message.
8. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS
From time to time, INSOMIS’s, the Affiliates’ or the Site's operational service
providers, suppliers, and Advertisers, may conduct promotions on or through the
Site, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have Additional
Terms and/or Rules which will be posted or otherwise made available to you and,
for purposes of each Promotion, will be deemed incorporated into and form a part
of this Agreement.
9. CERTAIN PRODUCTS
AND SERVICES
a. RSS Feeds and
Podcasts
The
Site may provide RSS Feeds ("RSS Feeds")
consisting of selected text, audio, video, and photographic content ("Content") from the Site that is provided over the
Internet using an XML feed. Certain RSS Feeds may be podcasts ("Podcasts") which may include as part of the
Content an associated audio, video and/or photographic file where the audio
and/or video file may be downloaded and played from a user's device or
transferred to a portable listening device. Certain software and hardware is
required for users to download and view and/or play Content through RSS
Feeds.
Content is protected by U.S. Federal and State laws, and applicable foreign
laws, regulations and treaties, and all rights in and to the Content are
reserved to INSOMIS or the content provider. Content is available for personal,
noncommercial use only and you may download, copy and/or transfer to a Device
or through a Device to another Device the RSS Feeds and associated Content for
your personal, non-commercial use only. You shall not, nor will you allow any
third party to, reproduce, modify, create derivative works of, display,
perform, publish, distribute, disseminate, broadcast or circulate to any third
party, or otherwise use any Content except as expressly authorized in
this Section 9.
By your access to and use of RSS Feeds, you understand, acknowledge and agree
that the Site, INSOMIS and the Affiliates do not warrant that its RSS Feeds
will operate on all user equipment. Please see the "Disclaimer and Limitations of
Liability" section below for
further details.
b. Mobile
Applications
If INSOMIS
offers products and services through applications available on your wireless or
other mobile Device (such as a mobile phone) (the “Mobile Application Services”),
these Mobile Application Services are governed by the Additional Terms
governing the applicable Mobile Application Service. We do not charge for
these Mobile Application Services unless otherwise provided in the applicable
Additional Terms. However, your wireless
carrier's standard messaging rates and other messaging, data and other rates
and charges will apply to certain Mobile Application Services. You should check
with your carrier to find out what plans your carrier offers and how much the
plans cost. In addition, the use or availability of certain Mobile Application
Services may be prohibited or restricted by your wireless carrier, and not all
Mobile Application Services may work with all wireless carriers or devices.
Therefore, you should check with your wireless carrier to find out if the
Mobile Application Services are available for your wireless device, and what
restrictions, if any, may be applicable to your use of such Mobile Application
Services. If you change or deactivate your wireless telephone number, you
agree to promptly update your Mobile Application Services account information
to ensure that your messages are not sent to the person that subsequently
acquires your old number.
Under no circumstances will INSOMIS or any
Affiliates be responsible for any wireless email, text messaging or other
charges incurred by a user (or any person that has access to a user's wireless
device, telephone number, or email address) using any Mobile Application
Services.
10.
HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks referenced or
included anywhere on the Site or any other form of link or re-direction of your
connection to, with or through the Site, does not constitute an endorsement by,
nor does it incur any obligation, responsibility or liability on the part of,
the Site, INSOMIS or any of the Affiliates, any of their respective successors
and assigns, and any of their respective officers, directors, employees,
agents, representatives, licensors, Advertisers, suppliers, and operational
service providers. We do not verify, endorse or have any responsibility for any
such third party sites, their business practices (including their privacy
policies), or any goods or services associated with or obtained in connection
with any such site, whether the Site's, INSOMIS's or any of the Affiliates’
logo or sponsorship identification is on the third party site as part of a
co-branding or promotional arrangement. If any third party site obtains or
collects Personal Information from you, in no event shall we assume or have any
responsibility or liability. Please read our Privacy Policy, which describes how INSOMIS
collects and uses your Personal Information and other information and certain
of our relationships.
11. DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE
We may terminate your use of and registration on the Site, at any time and for
any reason, with or without cause, without prior notice to you and without any
liability or further obligation of any kind whatsoever to you or any other
party.
12. DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN
"AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY
REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR
ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES,
FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without
limiting the foregoing, we are not responsible or liable for any malicious code,
delays, inaccuracies, errors, or omissions arising out of your use of the Site.
You understand, acknowledge and agree that you are assuming the entire risk as
to the quality, accuracy, performance, timeliness, adequacy, completeness,
correctness, authenticity, security and validity of any and all features and
functions of the Site, including, without limitation, Postings and Materials
associated with your use of the Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INSOMIS,
ANY OF THE AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES,
LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT
BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN
CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT,
INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL,
INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is provided in
this Agreement may or does fail of its essential purpose, you specifically
acknowledge and agree that your sole and exclusive remedy for any loss or
damage shall be to have INSOMIS, upon written notice from you to us, attempt to
repair, correct or replace any deficient goods or services under this Agreement
and, if repair, correction or replacement is not reasonably commercially
practicable for INSOMIS, to refund any monies actually paid by you for the Products
involved and to terminate and discontinue your use of the Site. You further
understand and acknowledge the capacity of the Site, in the aggregate and for
each user, is limited. Consequently some messages and transmissions may not be
processed in a timely fashion or at all, and some features or functions may be
restricted or delayed or become completely inoperable. As a result, you
acknowledge and agree that INSOMIS assumes no liability, responsibility or
obligation to transmit, process, store, receive or deliver transactions or
Postings or for any failure or delay associated with any Postings and you are
hereby expressly advised not to rely upon the timeliness or performance of the
Site for any transactions or Postings. Some jurisdictions do not allow for the
exclusion of certain warranties or certain limitations on damages and remedies;
accordingly some of the exclusions and limitations described in this Agreement
may not apply to you.
13. INDEMNIFICATION
You agree to indemnify, defend and hold the Site, INSOMIS, and any of the
Affiliates, or any of their respective successors and assigns, and any of their
respective officers, directors, employees, agents, representatives, licensors,
Advertisers, suppliers, and operational service providers harmless from and
against any and all claims, actions, losses, expenses, damages and costs
(including reasonable attorneys' fees), resulting from any breach or violation
of this Agreement by you, or public posting of your Postings.
INSOMIS reserves the right to assume, at its sole expense, the exclusive
defense and control of any such claim or action and all negotiations for
settlement or compromise, and you agree to fully cooperate with INSOMIS in the
defense of any such claim, action, settlement or compromise negotiations, as
requested by INSOMIS.
14. ADS AND MALWARE
We take great care and pride in creating this Site. We are always on the
lookout for technical glitches that effect how the Site works. When we find
them on our end, we will fix them. Unfortunately, your home computer may cause
some glitches that effect how you see our Site -- and that is beyond our
control.
Please note that we cannot be responsible for the effects of any third party
software including Malware on your computer system. Please make sure to
carefully read the Help or Customer Support areas of any software download
site. If you do discover any Malware on your system, we also suggest you speak
with a qualified computer technician.
15. PRIVACY
We respect your privacy and the use and protection of your Personal
Information. Please see our Privacy Policy for important information and disclosures relating to the
collection and use of your Personal Information in connection with your use of
the Site.
16. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
This Agreement, together with any Additional Terms, Rules, our Privacy Policy and any other
regulations, procedures and policies which we refer to and which are hereby
incorporated by reference, contains the entire understanding and agreement
between you and the Site and supersedes any and all prior or inconsistent
understandings relating to the Site and your use of the Site. This Agreement
cannot be changed or terminated orally. If any provision of this Agreement is
held to be illegal, invalid or unenforceable, this will not affect any other
provisions and the Agreement will be deemed amended to the extent necessary to
make it legal, valid and enforceable. Any provision which must survive in order
to allow us to enforce its meaning shall survive the termination of this
Agreement; however, no action arising out of this Agreement or your use of the
Site, regardless of form or the basis of the claim, may be brought by you more
than one (1) year after the cause of action has arisen (or if multiple causes,
from the date the first such cause arose).
This Agreement and your use of the Site is governed by, construed and enforced
in accordance with the internal substantive laws of the State of California
(notwithstanding the State's conflict of laws provisions) applicable to
contracts made, executed and wholly performed in California, and, for the
purposes of any and all legal or equitable actions, you specifically agree and
submit to the exclusive jurisdiction and venue of the State and Federal Courts
situated in the State of California and County of San Bernardino and agree you
will not object to such jurisdiction or venue on the grounds of lack of
personal jurisdiction, forum non conveniens or otherwise. To the extent it may
be applicable, you agree to opt out from and expressly exclude any
applicability of the Uniform Computer Information Transactions Act. IN ANY
ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE
PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE
SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER
POSSESS TO A TRIAL BY JURY.
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