Updated on: July 4, 2008

Welcome to www.waiverwire.com.  Waiver Wire LLC ("Company" or "we," "our," or "us") owns or controls, and provides access to www.waiverwire.com and/or other related web sites (collectively, "Web Sites") which are linked to these TERMS (“TERMS”).  These TERMS govern your access to and use of the Web Sites and all content thereon whether accessed via personal computers, mobile devices or otherwise.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these TERMS at any time without further notice. If we do this, we will post the changes to these TERMS on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Web Sites or any service offered or available thereon (“Service”) after any such changes constitutes your acceptance of the new TERMS. If you do not agree to abide by these or any future TERMS, do not use or access (or continue to use or access) the Web Sites or any Service offered thereon. It is your responsibility to regularly check the Web Sites to determine if there have been changes to these TERMS and to review such changes.

PLEASE READ THESE TERMS THOROUGHLY. THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. MEMBERSHIP IN THE SERVICE IS VOID WHERE PROHIBITED.

In consideration of your use of the Web Sites and any Service offered thereon, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Web Sites ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

All content on the Web Sites and available through any Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Web Sites. Provided that you are eligible for use of the Web Sites, you are granted a limited license to access and use the Web Sites and the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Content is strictly prohibited. Such license is subject to these TERMS and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Web Sites or the Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these TERMS shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

WAIVERWIRE.COM, WAIVER WIRE LLC and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

You understand that except for Services and advertising programs authorized and offered by us on the Web Sites (e.g., guru picks, etc.), the Service and the Web Sites are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Service or the Web Sites to:

1. upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
2. use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Web Sites.
3. upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
4. upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
5. intimidate or harass another;
6. upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
7. harvest or collect email addresses or other contact information of other users from the Service or the Web Sites by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
8. use automated scripts to collect information from or otherwise interact with the Service or the Web Sites;
9. register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
10. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
11. upload, post, transmit, share, store or otherwise make publicly available on the Web Sites any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
12. use the Service or the Web Sites in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Web Sites;
13. solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
14. upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
15. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Web Sites, or which may expose Company or its users to any harm or liability of any type.

Without limiting any of the foregoing, you also agree to abide any code of conduct adopted by the Company.

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Web Sites or any Service, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Web Sites or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Web Sites and may delete or remove (without notice) any Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates these TERMS any code of conduct adopted by the Company, or which the Company believes, in its sole discretion, might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Web Sites or provide to the Company.

When you post User Content to the Web Sites, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Web Sites. By posting User Content to any part of the Web Sites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Web Sites or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Web Sites at any time. If you choose to remove your User Content, the license granted above will continue and you acknowledge that the Company may retain archived copies of your User Content for any reasonable purpose. Without limiting the foregoing, the Company shall not assert any ownership over your User Content and you agree to indemnify the Company from all claims related to the use of your User Content as contemplated herein.

Registration may be required for the use of certain portions of the Web Sites (e.g., e-mail, newsletters, fantasy, games, sweepstakes, contests, specialized content downloads, retail sales, wireless alerts, etc.). In some instances, these TERMS and separate end user license agreements or terms of use that set forth additional conditions may apply to a service or product offered via the Web Sites. To the extent there is a conflict between these TERMS and the terms of any applicable end user license or similar agreement, the end user license or similar agreement will control, unless the additional conditions expressly state that these TERMS will control. In cases where there are no additional terms or conditions stated for any such registrations, services or products, these TERMS will control. Registration data and certain other information about you are subject to the privacy policy posted at the Web Web Sites on which you are providing your registration information. Please read that privacy policy for information on how your data will be handled.

If you choose to provide information to the Web Sites, you agree to provide only true, accurate, current and complete information. If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer, cell phone (or other internet access device, as applicable) so that others may not access any password-protected portion of the Web Sites using your name, user name or password in whole or in part.

The Web Sites and Services offered thereon may include access and certain services that are available via your mobile phone or other mobile devices (“Mobile Devices”), including (i) the ability to upload content to the Web Sites via your Mobile Devices (Mobile Uploads), (ii) the ability to receive and reply to messages, to poke and receive pokes and to write wall posts using text messaging (Mobile Texts), (iii) the ability to browse the Web Sites from your Mobile Device (Mobile Web), and (iv) the ability to access certain features of the Web Sites through a mobile application you have downloaded and installed on your Mobile Device (Mobile Client) (collectively the "Mobile Services"). In addition to charges for certain Mobile Services as set forth on the Web Sites, your Mobile Device carrier may charge messaging, data and other fees. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us and that you will be responsible for any associated messaging, data or other fees from your Mobile Device carrier. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number.

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Web Sites or Services offered thereon, any materials that violate another party's intellectual property rights. In its sole and complete discretion, the Company may remove or disable access to any material following receipt of a notice that use or display of such material infringes on the rights of any third party. In addition, the Company may immediately terminate the accounts of the alleged infringers without liability or recourse by such account. If you believe that any material on the Web Sites infringes upon any copyright which you own or control, you may send a written notification of such infringement to the company’s offices.

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Web Sites and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

The Web Sites contain (or you may be sent through the Web Sites or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Web Sites or any Third Party Applications, Software or Content posted on, available through or installed from the Web Sites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Web Sites or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Web Sites and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Web Sites or relating to any applications you use or install from the site.

Company offers a feature whereby users of the Web Sites can share with others or post to their own member profile, videos, articles and other Third Party Applications, Software or Content from, and/or links to, Third Party Sites through the Service (the "Share Service"). You acknowledge and agree that your use of the Share Services and all links, User Content or Third Party Applications, Software or Content shared through the Share Service is subject to, and will fully comply with the user conduct rules set forth above and the other terms and conditions set forth in these TERMS.

Subject to the terms and conditions of these TERMS, Third Party Sites that meet the requirements set forth below may place a Share Link (as described below), in the form approved by Company, on pages of their web sites to facilitate use of the Share Service. A Third Party Web Sites that posts a Share Link on its web site is referred to herein as an "Online Content Provider" and shall abide and be subject to the applicable sections of these TERMS. A "Share Link" is a button and/or a text link appearing on an Online Content Provider's web page that, upon being clicked by a user, enables us to launch a sharing mechanism through which users can share with others or post to their own member profile, links and content from that page.

In the event that the Share Link is a button that contains any icons or other graphic images, trademarks or other proprietary materials of the Company, Online Content Provider is granted permission to use such images, trademarks or other materials solely for the purpose of placing the Share Link on Online Content Provider's site and solely in the current form provided by the Company. The rights granted in this paragraph may be revoked by Company at any time with or without cause in its sole discretion, and upon such termination, Online Content Provider agrees to immediately remove all Share Links from its site.

In order for an Online Content Provider to include a Share Link on its pages, the Third Party Web Sites must not contain any web content that if shared or posted by a user would be a violation of the user conduct rules set forth above. Without limiting the forgoing, Online Content Provider agrees not to post a Share Link on any web site that contains, and represents and warrants that such web site does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose Company or its users to any harm or liability of any type. Upon including of a Share Link, Online Content Provider agrees to defend, indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with such Share Link, any links, content or other items or materials which may be shared or posted through such Share Link, or any breach or alleged breach of the foregoing representations and warranties.

By including a Share Link, Online Content Provider automatically grants, and represents and warrants that it has the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use the Share Service in order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, and distribute the content, links and other materials of any kind residing on any web pages on which Online Content Provider places the Share Link.

All listings permitted to be posted on or through Web Sites and Services and all transactions conducted in connection therewith are subject to and governed by TERMS and other terms and guideline specific to such transactions as may be adopted from time to time by the Company (“Guidelines”). When you use any such Service or engage in any such transaction you are agreeing to abide by and be subject to the Guidelines adopted by the Company and the other applicable rules set forth in these TERMS. Such Guidelines are subject to change without prior notice at any time, in the Company's sole discretion, so you should review the Guidelines each time you use any such Service or engaged in any such transaction. Parties to a transaction are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any such transaction or relationship. You acknowledge that the Company is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of the transaction. Any fees or payments collected by the Company applicable to any Service or transaction are set forth on the Web Sites, and all terms and conditions applicable to such fees are set forth in the respective Guideline. However, please note that the Guidelines may not apply to your purchases of products or services from third parties even if offer through the Web Site, it is your responsibility to understand the terms and Guidelines applicable to each Service and transaction. ALL SERVICES AND TRANSACTIONS AVAILABLE ON OR THROUGH THE WEB SITES ARE ON AN “AS IS” BASIS, AT YOUR SOLE RISK AND WITHOUT WARRANTY OF ANY NATURE, INCLUDING ANY WARRANT OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

The Company may offer APIs and services (“Platform Services”) that enable third-party developers ("Third Party Developers") to create websites and applications that retrieve data made available by the Company and its users and/or that retrieve authorized data from third-party sites for use on the Web Sites ("Applications").

Third Party Developers may use the Platform Services and create Applications only in accordance with the terms and conditions set forth in an agreement entered into between the Company and the Third Party Developer. ALL USE OF THE PLATFORM SERVICES IS PROVIDED "AS IS", AT YOUR OWN RISK AND WITHOUT WARRANTY OF ANY NATURE, INCLUDING ANY WARRANT OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Users who install Applications must agree to the terms and conditions set forth in the specific Application terms and conditions ("Application User Terms") and in these TERMS. The Application User Terms are subject to change without prior notice at any time, in the Company's sole discretion, so you should review these terms each time you install an application and from time to time. Third Party Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using Applications. Applications have not been approved, endorsed, or reviewed in any manner by the Company, and we are not responsible for your use of or inability to use any Applications, including the content, accuracy, or reliability of such Application and the privacy practices or other policies of Developers. YOU USE SUCH APPLICATIONS AT YOUR OWN RISK.

If you, your friends or members of your network use any Applications, such Applications may access and share certain information about you with others in accordance with your privacy settings as further described in our Privacy Policy. Third Party Developers are required to agree to restrictions on access, storage and use of such information. However, while we have undertaken contractual and technical steps to restrict possible misuse of such information by such Third Party Developers, we do not screen or approve Developers, and we cannot and do not guarantee that all Third Party Developers will abide by such restrictions and agreements. Certain actions you take through the Applications may be displayed to your friends in your profile, mini-feed and news feed, and you may opt-out of displaying your Application actions on the Privacy Settings page. Please report any suspected misuse of information.

WaiverWire Pages are special profiles used solely for commercial, political, or charitable purposes. You may not set up a WaiverWire Page on behalf of another individual or entity unless you are authorized to do so, including but not limited to WaiverWire Pages designed to support or criticize another individual or entity.

THE COMPANY DOES NOT PRE-SCREEN OR APPROVE WAIVERWIRE PAGES, AND CANNOT GUARANTEE THAT A WAIVERWIRE PAGE WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF A WAIVERWIRE PAGE. NOR IS WAIVERWIRE RESPONSIBLE FOR THE CONTENT OF ANY WAIVERWIRE PAGE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY WAIVERWIRE PAGE, INCLUDING HOW THE OWNER OF THE WAIVERWIRE PAGE COLLECTS, HANDLES, USES AND / OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS (PLEASE REVIEW THE WAIVERWIRE PRIVACY POLICY IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING THE USE OR SHARING OF YOUR PERSONAL INFORMATION). YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH A WAIVERWIRE PAGE.

Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of products or services from Company. By ordering products or services from Company through the Web Sites, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in Company's sole discretion so you should review the Terms of Sale each time you make a purchase.

You are solely responsible for your interactions with other users of the Web Sites and/or Services offered thereon. We reserve the right, but have no obligation, to monitor disputes between you and other users.

The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Web Sites or in connection with the Service, whether posted or caused by users of the Web Sites by third parties or by any of the equipment or programming associated with or utilized in the Web Sites or any Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Web Sites and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Web Sites or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Web Sites or Service.

The Web Sites and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Web Sites or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Web Sites or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Web Sites or the Service or transmitted to Users, or any interactions between users of the Web Sites, whether online or offline.

THE WEB SITES AND ALL SERVICES, APPLICATIONS AND CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE SERVICE) FROM OR THROUGH THE WEB SITES AND ANY SERVICE OR APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

The Company reserves the right to change any and all content, software and other items used or contained in the Web Sites and any Services and Platform Applications offered through the Web Sites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITES OR ANY SERVICE OR APPLICATIONS OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEB SITES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED THE LESSER OF $100.00 OR THE AMOUNT PAID FOR ACCESS TO THE WEB SITES OR SERVICE. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR ACCESS TO THE WEB SITES OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

The Company may terminate your membership, delete your profile and any content or information that you have posted on the Web Sites or through any Platform Application and/or prohibit you from using or accessing any Service or the Web Sites or any Application (or any portion, aspect or feature of the Service or the Web Sites or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.

By visiting or using the Web Sites and/or the Service, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these TERMS and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts sitting in Palm Beach County, Florida, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts sitting in Palm Beach County, Florida.

YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE WEB SITES IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION AS SET FORTH BELOW.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration shall be in Palm Beach County, Florida and that each party shall bear its own fees and costs. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE WEB SITES OR ANY SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Web Sites and/or and Service (including your visit to or use of the Web Sites and/or Service) be instituted more than three (3) years after the cause of action arose.

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Web Sites (including through the Share Service), your use of the Service or the Web Sites, your conduct in connection with the Service or the Web Sites or with other users of the Service or the Web Sites, or any violation of this Agreement or of any law or the rights of any third party.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Web Sites or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these TERMS with the initial letter(s) capitalized will have the meaning attributed to them in these TERMS.

These TERMS constitute the entire agreement between you and Company regarding the use of the Web Sites and/or Services, superseding any prior agreements between you and Company relating to your use of the Web Sites or the Service. The failure of Company to exercise or enforce any right or provision of these TERMS shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these TERMS shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these TERMS and shall not affect the validity and enforceability of any remaining provisions.