Effective Date: January 1, 2019
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- Use And Restrictions.
- Separate Agreements.
- Limitation of Liability.
- Links to This Platform.
- Links to Third Party Websites.
- Participation In Promotions of Advertisers.
- Jurisdiction And Venue.
- Controlling Law.
- Force Majeure.
You may acquire products, services and/or content from this platform. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
The material provided on this platform is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this platform is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
IN NO EVENT SHALL THIS PLATFORM AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS PLATFORM, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS PLATFORM OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this platform provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this platform or other proprietary graphic image in the link without our prior written consent.
You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this platform. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Dallas, Texas, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the Dallas, Texas, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
This Agreement shall be construed under the laws of the State of Texas, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
By using this platform, you indicate that you accept that we are permitted to contact you via phone calls, text messages, email messages and can leave a ringless voice mail. We also have your expressed authority to protect your insurance coverage by electing a new carrier to arrive at better insurance coverage or a better insurance rate, as well as if the current insurance carrier decided to cancel your insurance coverage for any reason.