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Terms of Use The www.forbbbs.org web site and any derivative web site on which these Terms of Use are posted are operated on behalf of Big Brothers Big Sisters, and its local chapters (collectively, "Organization") by Innerfund, Ltd., a Nevada limited liability company ("Company"). Company and Organization have adopted these Terms of Use ("Terms of Use" or "Agreement") to make you aware of the terms and conditions of your use of the www.forbbbs.org web site, any derivative web sites on which these Terms of Use are posted and any Content, Widgets, Toolbars or other products or services that are offered or provided via the aforementioned web sites (collectively, the "Web Site").
Company and Organization reserve the right, at their discretion, to change, modify, add or remove portions of these Terms of Use at any time by posting such changes to this page. You understand that you have the affirmative obligation to check these Terms of Use periodically for changes, and you hereby agree to periodically review these Terms of Use for such changes. The continued use of the Web Site following the posting of changes to these Terms of Use will constitute your acceptance of those changes. The most current version of these Terms of Use can be reviewed at http://www.forbbbs.org/termsofuse. BY USING OR OTHERWISE ACCESSING THE WEB SITE, CREATING, REGISTERING OR ACCESSING AN ACCOUNT, DOWNLOADING CONTENT, WIDGETS OR ANY OTHER INFORMATION FROM THE WEB SITE, PURCHASING ANY PRODUCTS OR SERVICES VIA THE WEB SITE OR MANIFESTING YOUR ASSENT TO THESE TERMS OF USE IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS OF USE. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS OF USE, YOU MAY NOT USE OR OTHERWISE ACCESS THE WEB SITE, CREATE, REGISTER OR ACCESS AN ACCOUNT, DOWNLOAD CONTENT, WIDGETS OR ANY OTHER INFORMATION FROM THE WEB SITE OR PURCHASE ANY PRODUCTS OR SERVICES VIA THE WEB SITE. General Terms of Use and Restrictions on Use Company and Organization hereby grant you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Web Site solely for your own personal, non-commercial purposes, subject to your agreement to, compliance with and satisfaction of these Terms of Use. In the event that you subscribe to certain services or Content provided by Company via the Web Site on a subscription basis (the “Subscription Content”), upon payment of any applicable fees or other charges associated with such subscription, Company and/or Organization grant you a limited, non-exclusive, nonassignable, nontransferable license to access and use such Subscription Content for the term of the subscription solely for the noncommercial, personal use of User or the internal business needs of the entity of which User is an authorized representative, as the case may be, and subject to your agreement to, compliance with and satisfaction of these Terms of Use. All rights not otherwise expressly granted by these Terms of Use are reserved by Company and/or Organization. If you do not comply with the Terms of Use at any time, Company and/or Organization reserve the right to revoke the aforementioned license(s), limit your access to the Web Site or restrict your ability to post or download Content, Widgets or order products and services. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the Web Site. You may not obscure or remove any proprietary rights notices contained in or on the Content. You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the Web Site or any part thereof. Company and Organization may discontinue or alter any aspect of the Web Site, remove Content from the Web Site, disable Widgets, restrict the time the Web Site is available or restrict the amount of use permitted at Company and/or Organization’s sole discretion and without prior notice or liability. For purposes of these Terms of Use, references to “post” or “posting” shall refer to any manner of posting, transmitting, uploading, providing, making available or otherwise transferring material or information. Intellectual Property Unless otherwise specifically noted in these Terms of Use, images, trademarks, service marks, logos and icons displayed on the Web Site, including, without limitation, The First Tee and The First Tee logo, are the property of Organization and/or its licensors and may not be used without Organization’s prior written consent. Innerfund™, the Innerfund logo, and Generosity Simplified™ are the property of Company and may not be used without Company’s prior written consent. Trademarks owned by third parties are the property of those respective third parties. The Web Site, including, without limitation, any Subscription Content, is the copyrighted property of Company, Organization and their licensors as well as each specific Content provider, and may not be reproduced, recreated, modified, accessed or used in any manner or disseminated or distributed to any other party in violation of these Terms of Use. Any unauthorized use of any Content or Widgets, whether owned by Company, Organization or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate, redistribute or otherwise commercially exploit the intellectual property found in the Web Site or any part thereof or grant any other person or entity the right or access to do so. Accounts For certain aspects of the Web Site, you may be asked to register an account. In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify Company and in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. Company may refuse to grant a particular username to you for any reason, including, without limitation, in the event Company determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive. You must register an account in order to be eligible to share in any revenue generated through your use of the Web Site or to make contributions of such revenue to Organization. If no eligible activity takes place under your account for twelve (12) consecutive months, your account will be deemed “inactive,” and Company may delete your account. Content You acknowledge that the Web Site may contain or provide access to information, software, photos, video, text, graphics, music, sounds or other material provided by Organization, Company or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. For the avoidance of doubt, references to Content shall include Subscription Content. Widgets Please be aware that Company delivers Content on the Web Site via or allows third parties to post widgets provided by third parties (“Widgets”). These Widgets are controlled by third party content providers (“Widget Providers”). Company and Organization do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available through such Widgets. The Widgets may use “cookies” or otherwise gather or collect information about you, including by asking you to provide information through such Widgets. The use of these Widgets, as well as the privacy practices of the Widget Providers, are governed by the applicable Widget Providers’ separate terms of use and privacy policies, if any. Company and Organization strongly encourage you to review any separate terms of use and privacy policies governing use of these Widgets. Toolbar The Web Site may make available to you a third party search provider toolbar (the “Toolbar”) in order to track eligible Internet searches in order to generate revenue. Your use of the Toolbar is voluntary and you may remove it from your computer at any time. If you choose to install the Toolbar on your computer, you acknowledge and agree that the Toolbar is provided by a third party, and that your use of the Toolbar is subject to such third party’s terms, conditions and privacy policies. Such third parties may modify the Toolbar software from time to time. Company is not obligated to support the Toolbar. Company and Organization may obtain certain information regarding your use of the Toolbar, including data on your Internet browsing history. Company’s and Organization’s use of such information is governed by the Privacy Policy. Privacy Policy Company and Organization collect, store and use data collected from you in accordance with the Privacy Policy, located at http://www.forbbbs.org/privacypolicy. The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms of Use. Links The Web Site may provide, or third parties may provide, links to other web sites or resources on the Internet. Additionally, the search capabilities provided via the Web Site will allow you to search the Internet in general. Because Company and Organization have no control over such web sites or resources, or the indexes of any search partners, you acknowledge and agree that Company and Organization are not responsible for the availability of such external web sites or resources, and Company and Organization do not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such web sites or resources or for any privacy or other practices of the third parties operating those web sites or resources. You further acknowledge and agree that Company and Organization shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such Content, goods or services available on or through any such web site or resource. Company and Organization strongly encourage you to review any separate terms of use and privacy policies governing use of these third party web sites and resources. Purchases The Web Site may allow users to place Orders for products, subscriptions and/or services either via the Web Site or through web sites of third-party affiliates linked to the Web Site. “Order” shall mean any order placed by a user for products, subscriptions and/or services via the Web Site that is accepted by Company, Organization or their third party affiliates. In the event that you are a user placing an Order to purchase products, subscriptions and/or services, you are subject to the additional terms of this section. Please note that in some cases, you may be directed to a third-party web site to make purchases. In such an event, the purchase terms in this section do not apply, and your purchase will be governed by the terms of such third-party web site. By making such purchases, you hereby agree that Company and Organization have no responsibility, and shall have no liability, for any claim related to your purchases on such third-party web sites. Upon placing an Order, you shall pay the purchase price as set forth in the “Shopping Cart” or similar ordering mechanism. Company or its third-party affiliates may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your order. Prices and availability of products are subject to change without notice. Errors will be corrected where discovered. In the event you purchase a product that must be shipped to you, such products will be shipped by Company and/or its third-party contractors within a reasonable time after processing of your order. Shipment time will vary depending on the shipping method and service you select. Company does not guarantee delivery at any certain time and is not responsible for shipping delays. In the event you purchase products that embody or otherwise contain Content owned by Company, Organization or other parties, you agree to the following restrictions regarding such products and the Content or other information contained or embodied therein: (a) you may not resell any Content or otherwise profit from its use or display; (b) you may not, nor will you allow any other party to, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense or create derivative works or compilations incorporating such Content without the express permission of the owner of such Content; (c) you will not otherwise violate any additional legal or contractual restrictions governing use of the Content; and (d) you will not obscure or remove any proprietary rights notices contained in or on the Content. In the event you purchase subscriptions and/or services that embody or otherwise contain Subscription Content, you agree to the following restrictions regarding such Subscription Content or other information contained or embodied therein: (a) such Subscription Content (i) is the confidential information of the owner of such Content, (ii) you may use the Subscription Content for your personal needs only in accordance with the terms of this Agreement, (iii) you may not disclose the Subscription Content to third parties, and (iv) you will use best efforts to safeguard such Subscription Content from unauthorized use or disclosure; (b) you may not resell any Subscription Content or otherwise profit from its use or display; (c) you may not, nor will you allow any other party to, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense or create derivative works or compilations incorporating such Subscription Content; (d) you will not otherwise violate any additional legal or contractual restrictions governing use of the Subscription Content; and (e) you will not obscure or remove any proprietary rights notices contained in or on the Subscription Content. User Representation You hereby represent and warrant to Company and Organization that: (a) you (i) have reached the age of majority in the jurisdiction where you reside (generally 18, 19 or 21 years of age depending on the jurisdiction), (ii) are an emancipated minor under the laws of your jurisdiction of domicile and/or residence or (iii) otherwise have the power and authority to enter into and perform your obligations under this Agreement; (b) all information provided by you to Company and Organization is truthful, accurate and complete; (c) you are an authorized signatory of the credit or debit card or other method of payment that you provide to Company or it third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products and/or services via the Web Site; (d) you will comply with the terms and conditions of these Terms of Use and any other agreement to which you are subject that is related to your use of the Web Site or any part thereof; (e) you have provided and will maintain accurate and complete registration information with Company and Organization, including, without limitation, your legal name, address, email address, and any other information Company and Organization may reasonably require; (f) your access to and use of the Web Site or any part thereof and/or purchase and use of any products or services will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; and (g) you will immediately notify Company in the event that you learn or suspect that your registration information, username or password has been disclosed or otherwise made known to any other person. Prohibited Uses You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Web Site or any part thereof, which includes, without limitation: (a) use of the Web Site to post or store material or information that, is or to a reasonable person may be unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable; (b) use of the Web Site to post or store Content, files, graphics, software or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person; (c) use of the Web Site to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Web Site or any other computer network; (d) use of the Web Site to post or store viruses, Trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (e) use of the Web Site to post or store any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; (f) use of any manual or automated software, devices or other processes to “crawl” or “spider” any web pages contained in the Web Site (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Web Site); (g) framing or otherwise simulating the appearance or functions of the Web Site or any portion thereof; (h) harvesting or otherwise collecting any information about other Users, including, without limitation, email addresses or other contact information of other Users; or (i) use of the Web Site to engage in any activity that, as determined by Company and Organization, may intentionally or unintentionally violate these Terms of Use, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Use. Disclaimer Company and Organization use reasonable efforts to maintain the Web Site, but Company and Organization are not responsible for any defects or failures associated with the Web Site, any part thereof, any Content displayed via the Web Site provided by third-party service providers using the Web Site, Widgets, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Web Site may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which Company and Organization may undertake from time to time, or (c) causes beyond the control of Company and Organization or which are not foreseeable by Company and Organization. In addition, Company and Organization make no guarantees as to the web sites and information located worldwide throughout the Internet that you may access as a result of your use of the Web Site, including as to the accuracy, content, or quality of any such sites and information or the privacy practices of any such site. Company and Organization do not control the Content provided by third-party service providers, nor does it have any obligation to monitor such Content for any purpose. Despite the fact that it has no monitoring obligations, Company and Organization reserve the right to remove any and all material that it feels is actually or potentially inappropriate, offensive, illegal or harmful any respect or which may violate these Terms of Use. Because the Content offered via the Web Site may be provided by other parties, and because Company and Organization do not monitor or exercise control over such Content, Company and Organization do not make any warranties or representations regarding any of the Content offered via the Web Site by such parties or the quality thereof. Company and Organization do not necessarily approve, endorse, sanction, encourage, verify or agree with such Content. You understand that by using the Web Site, you may be exposed to Content that may be offensive, indecent, vulgar, defamatory or otherwise objectionable, and that in no way shall Company and Organization be liable under any theory for such exposure. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE WEB SITE, ANY CONTENT, ANY WIDGETS AND ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. COMPANY, ORGANIZATION AND THEIR INDEPENDENT CONTRACTORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION, COMPANY, ORGANIZATION AND THEIR INDEPENDENT CONTRACTORS AND SERVICE PROVIDERS MAKE NO WARRANTY THAT THE WEB SITE, ANY CONTENT, ANY WIDGETS OR ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEB SITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, WIDGETS OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE WEB SITE OR ANY PRODUCT SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY, ORGANIZATION, AND THEIR INDEPENDENT CONTRACTORS AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, LOSS OF OR INJURY TO LIFE OR OTHER INTANGIBLE LOSSES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEB SITE, ANY CONTENT, WIDGETS OR ANY PRODUCTS OR SERVICES PURCHASED VIA THE WEB SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE WEB SITE, ANY CONTENT, WIDGETS OR THE PURCHASE OF PRODUCTS OR SERVICES. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE WEB SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS. IN NO EVENT SHALL COMPANY’S, ORGANIZATION’S, OR THEIR INDEPENDENT CONTRACTORS’ OR SERVICE PROVIDERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE, WIDGETS, PURCHASING ANY PRODUCTS OR SERVICES OR ANY AMOUNT RETAINED BY COMPANY AND ALLOCATED TO YOU FOR PROVIDING THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Indemnification You agree to defend, indemnify and hold harmless Company, Organization, and their officers, members, directors, employees, agents, independent contractors and service providers from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Web Site or any part thereof, (b) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (c) infringement or misappropriation of any intellectual property or other rights of Company, Organization or third parties by you, (d) any negligence or willful misconduct by you, (e) any other claim related to your performance under this Agreement, or (f) your use of any Content, Widgets services or products provided by Company or Organization. Term and Termination This Agreement is effective upon your unequivocal acceptance as set forth herein and shall continue in full force until terminated. You agree that Company and/or Organization, in their sole discretion, may terminate your use of the Web Site or any part thereof upon prior notice, and remove and discard any Content, in the event you violate these Terms of Use. Company and/or Organization may also, in their sole discretion and at any time, discontinue providing the Web Site, any part thereof, any Content or any products advertised thereon, with or without notice. In addition to any other method of termination or suspension provided for in this Agreement, Company and/or Organization reserve the right to terminate this Agreement at any time and for any reason upon ten (10) days notice to you. You may terminate this Agreement at any time by immediately discontinuing all access to the Web Site and by providing notice to Company of such discontinuance. You agree that Company and Organization may, under certain circumstances, immediately suspend your access to the Web Site or any part thereof. Cause for such measures shall include, without limitation: (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines; (b) discontinuance or material modification to the Web Site; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) engagement by you in fraudulent or illegal activities. You further agree that such measures shall be taken in Company and Organization’s sole discretion and without liability to you or any third party. You agree that Company may immediately suspend your account and your access to the Web Site or any part thereof in order to conduct an investigation in the event it believes you have violated these Terms of Use or if it determines that you are a repeat infringer of another’s intellectual property or other rights. You agree that Company and Organization shall not be liable to you or any third-party for any termination or suspension of your access to the Web Site or any part thereof, removal of Content or sale of any products. Termination or cancellation of this Agreement shall not affect any right or relief to which Company or Organization may be entitled at law or in equity. Upon termination of this Agreement, you shall terminate all use of the Web Site and any Content provided thereby. In the event of termination, you will not be entitled to any refund or payment of any fees or revenues, if any, paid or accrued in connection with this Agreement. Governing Law and Other Miscellaneous Terms The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party. The parties agree that Company’s independent contractors and service providers shall be third party beneficiaries of this Agreement. You acknowledge and agree that any expenses that you incur in furtherance of this Agreement are voluntary in nature and are made with the knowledge that this Agreement may be terminated as provided herein. You shall not make a claim against Company or Organization, and Company and Organization shall not be liable with respect to the recoupment of any expenditures or investment made by you in anticipation of the continuation of this Agreement beyond the term hereof. The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to Company and Organization which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that Company and Organization have the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies Company or Organization may have for your breach of this Agreement. The validity and effect of these Terms of Use shall be governed by and construed and enforced in accordance with the laws of Kansas, without regard to its conflicts or choice of laws principles. ANY SUIT, ACTION OR PROCEEDING CONCERNING OR RELATING TO THE WEB SITE, ITS USE, THESE TERMS OF USE, CONCERNING ANY SALE OR CONCERNING ANY OTHER PRODUCT, SERVICE, POLICY OR PROCEDURE OF COMPANY OR ORGANIZATION, MUST BE BROUGHT EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION IN JOHNSON COUNTY, KANSAS, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT OR IMPROPER FORUM. If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting and construing this Agreement. If the performance of any part of this Agreement by either party (other than payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor dispute, act of God, telecommunications failure or any other cause beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such cause. This Agreement, including any other agreements or additional terms referenced herein, constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Web Site, Content, Widgets and products and services offered via the Web Site, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Web Site, Content, Widgets and products and services sold via the Web Site. If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. Company and Organization make no representation that Content or other material or information on the Web Site is appropriate to or available in locations outside of the United States. You may not use the Web Site or export Content in violation of United States export laws, regulations or restrictions. If you access the Web Site from outside of the United States, you are responsible for compliance with all applicable laws. Copyright and Copyright Notices Company and Organization respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s Copyright Agent the following information:
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