14. Domestic Use/Export Restriction
Company controls the Website from our Company offices within the United States of America. Company makes no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available or intended for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded in violation of United States law.
15. Force Majeure
Company will not be liable for failing to perform under this TOS because of any event beyond the reasonable control of the Company, including, without limitation, a labor disturbance, an Internet outage or disruption of service, a communications outage, failure by a service provider to perform, fire, terrorism, natural disaster or war.
All disputes arising out of, or relating to, this TOS (including its formation, performance or alleged breach) or your use of the Website will be exclusively resolved under confidential binding arbitration held in Los Angeles, California before and in accordance with the Rules of the American Arbitration Association. The arbitrator’s award will 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 under this TOS will be joined to an arbitration involving any other party subject to this TOS, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, Company will have the right to seek injunctive or other equitable relief in state or federal court located in Los Angeles, California to enforce this TOS or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
17. WAIVER OF CLASS ACTION RIGHTS
BY ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS TOS MUST BE ASSERTED INDIVIDUALLY.
18. Limitation of Actions
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
19. Changes to the Website
Company may, in the sole discretion of the Company, change, modify, suspend, make improvements to or discontinue any aspect of the Website, temporarily or permanently, at any time without notice to you, and Company will not be liable for doing so.
20. Access to the Website
Company will have the right to terminate your access to the Website if Company reasonably believes you have breached any of the terms and conditions of this TOS. Following termination, you will not be permitted to use the Website. If your access to the Website is terminated, Company reserves the right to exercise whatever means Company may deem necessary to prevent unauthorized access to the Website, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. This TOS will survive indefinitely unless and until Company chooses to
This TOS contains the entire understanding between you and Company regarding the use of the Website, and supersedes all prior and contemporaneous agreements and understandings between you and the Company relating thereto.
This TOS, and any rights or licenses granted hereunder, may not be transferred or assigned by you, but are freely assignable by us without restriction.