Titan
 
www.titan360.com

Terms of Use

Effective Date: August 31, 2009 IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE OF USE ("TERMS OF USE") BEFORE USING THE WEBSITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. These Terms of Use only apply to www.titan360.com (however accessed and/or used, whether via personal computers, mobile devices or otherwise), which is owned and controlled by Titan Outdoor LLC ("Company" or "we," "our," or "us"), a wholly owned subsidiary of Titan Outdoor Holdings, Inc., or other interactive features or protocols (including, without limitation, mobile sites and widgets) that are owned or operated by Company and are available through www.titan360.com or that interact with the www.titan360.com and post this Terms of Use (together, the "Website"). The Company provides this Website and related services for your personal non-commercial use only and subject to your compliance with these Terms of Use. Please read These Terms of Use carefully before using this Website. You agree to be bound by these Terms of Use by accessing or using the Website, registering for, or using any of the products or services offered on the Website the "Services"), or by accepting, uploading, submitting or downloading any information or content from or to the Website. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, YOU MUST IMMEDIATELY DISCONTINUE USE OF THIS WEB SITE.

Modifications

This Agreement is effective as of August 31, 2009. The Company reserves the right, in its sole discretion, to modify, alter, or otherwise change these Terms of Use at any time. The Company will provide notice of such change by modifying the Effective Date, as listed at the top of this Website. Please review these Terms of Use periodically for changes. Your continued use of the Website and the Services constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this Website.

Additional Terms

Some of the Services may be subject to additional terms. Your use of such Services is subject to those additional terms, which are hereby incorporated into these Terms of Use by reference. In the event of an inconsistency between these Terms of Use and any additional terms, the provisions of the additional terms shall take precedence and control. It is your responsibility to read the terms, conditions and rules associated with the Services to determine your eligibility, rights, duties and obligations.

Restrictions

You may not use this Website for any purpose that is unlawful or prohibited by this Terms of Use. The Company has the right, but not the obligation, to take any of the following actions, in our sole and absolute discretion at any time, and for any reason without giving you any prior notice:

i. Limit, suspend, or terminate your access to all or any part of our Services;

ii. Modify, change, suspend, or discontinue all or any part of our Services;

iii. Refuse, move, or remove any material that you submit to our Website for any reason;

iv. Refuse, move, or remove any content that is available on our Website;

v. Deactivate or delete your accounts and all related information and files in your account; and

vi. Establish general practices and limits concerning use of our Website.

You agree that the Company its parent, affiliates and subsidiaries shall NOT be liable to you or any third party for taking any of these actions.

Intellectual Property Ownership

The prior, current and future content on this Website, including, without limitation, the organization, articles, text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, Company logos, advertising copy, titles, characters, names, graphics, button icons, widgets, wallpapers, games, sweepstakes, contests, technology, applications, forms, templates, artwork, information, data, designs, compilations, trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to the Website, including, without limitation, the "look and feel" of the Website (collectively, "Intellectual Property"), are protected by applicable U.S. copyright laws, international conventions, other applicable copyright laws and other proprietary (including, but not limited to, intellectual property) rights and are owned or controlled by Company, its parent, subsidiaries, affiliates and licensors. Except as expressly set forth in these Terms of Use or otherwise expressly granted to you in writing by Company, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Intellectual Property not expressly granted to you under this Terms of Use are hereby reserved by and for Company and/or its parent, subsidiaries, affiliates and licensors. Nothing contained in this Terms of Use will affect, impair, or limit in any way Company's rights and/or the rights of its parent, subsidiaries, affiliates and licensors to exploit fully any or all of the Intellectual Property. You are expressly prohibited from reproducing, downloading, licensing, publishing, entering into a database, displaying, modifying, creating derivative works from, transmitting, posting, distributing or performing publicly by any means, method, or process now known or later developed, decompiling, reverse engineering, disassembling, using on another computer-related environment, transferring or selling the Intellectual Property, including removing or altering content, advertising or promotional materials, except pursuant to the express limited grant of rights hereunder. You hereby affirm that you will not remove any proprietary notices or labels contained in or on the Intellectual Property. Copying, archiving or storing any part of the Website for a purpose that is not permitted by these Terms of Use is expressly prohibited without prior written permission from Company or the applicable copyright holder as identified on the Website. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Intellectual Property, or take any action whatsoever in contravention of Company's rights and/or the rights of its parent, subsidiaries, affiliates and licensors therein. You acknowledge and agree that you will not directly or indirectly acquire or claim any rights in the Intellectual Property, or aid or abet anyone else in doing so. Nothing in this Terms of Use will be interpreted to grant you, any right or license to enter into sublicenses or redistribution agreements with respect to any portion of the Intellectual Property or to otherwise rent, sell, lease, loan, transfer, assign, broadcast, upload to any computer or wireless device, sublicense, distribute or allow access to the Intellectual Property. You agree that you will not share or disseminate any Intellectual Property any manner to the public, whether for a fee or not, nor use the Intellectual Property for any purpose or in any manner that infringes the rights of any third party.

Copyrights and Copyright Agent

Pursuant to and in accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), Company follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company's Designated Agent with the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512:
  • (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Clear Channel to locate the material.
  • (iv) Information reasonably sufficient to permit Clear Channel to contact the complaining party, such as an address, telephone number, and, if available, an email address.
  • (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
  • The Company's Designated Agent may be reached as follows:

    By mail: Attn: General Counsel Titan Outdoor LLC. 850 Third Avenue New York, NY 10022

    By e-mail: Scott.Goldsmith@titan360.com

    NOTE: This process relates solely to reporting a claim of copyright infringement. For other inquiries regarding material that you believe may otherwise violate your rights, please see below.

    Other Intellectual Property and Related Complaints

    If you believe that the Company's Website contains material that violates your rights other than copyrights, please provide Company with a statement that is signed (physically or electronically) by the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed and describes:
  • (i) the allegedly infringing material or activity and information that is reasonably sufficient to enable us to locate the material or activity;
  • (ii) the owner's rights and how you believe the material infringes those rights; and
  • (iii) your contract information, including name, mailing address, telephone number, and, if available, your email address.
  • Please send your complaint regarding material on the Company's Website to:

    By mail: Attn: General Counsel Titan Outdoor LLC. 850 Third Avenue New York, NY 10022

    By e-mail: Scott.Goldsmith@titan360.com

    The Company reserves the right to request additional information to determine whether material infringes your rights. If a dispute arises as to the owner of the rights in question, the Company expressly reserves the right to remove your material along with that of the alleged infringer pending resolution of the matter. The Company will notify you if your materials have been removed pursuant to a third party complaint of alleged infringement of their intellectual property rights. The Website displays advertisements and product listings from a wide variety of third parties. If you believe that a third party's material violates your rights, we encourage you to resolve their disputes directly with that third party. The Company shall not arbitrate disputes between users or the owners of intellectual property rights and companies who advertise or list their products on our Website. As a courtesy to owners of intellectual property rights, we may perform a limited investigation of reasonable complaints. However, we provide no guarantee that we will remove the allegedly infringing materials from our Website.

    Repeat Infringer Policy

    In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the 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 Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

    License

    Use of this Website is for your revocable, personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or other Intellectual Property obtained from this Website. You may only view, use, download, reformat and/or print Company's Intellectual Property subject to these Terms of Use. Should you desire to use any of Company's Intellectual Property for any commercial use or other purpose, you must obtain our prior written consent and the use of such Intellectual Property shall be subject to: (i) these Terms of Use, (ii) any additional terms that may govern the Intellectual Property that are posted on the Website, and (iii) any requirements we make you aware of when we provide written consent to your use of our Intellectual Property.

    Links

    Company and/or third parties may provide links to other websites of possible interest to you. (the "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 Content"). Such Third Party Sites and Third Party 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 Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies do not govern those Third Party Sites and Third Party Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website or relating to any applications you use or install from the site.

    User Submissions

    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 Website 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 Website or the Services to take any of the following actions:
  • i. harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • ii. use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
  • iii. use automated scripts to collect information from or otherwise interact with the Service or the Site;
  • iv. 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;
  • v. 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;
  • vi. 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;
  • vii. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • viii. 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;
  • ix. upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • x. solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • xi. 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;
  • xii. intimidate or harass another;
  • xiii. 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;
  • xiv. 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 Site.
  • xv. 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 Site, or which may expose Company or its users to any harm or liability of any type
  • You are solely responsible for the content that you upload, publish or display on or through the Services or the Website, or transmit to or share with other users (the "User Content"). You may not post, transmit, or share content on the Website or Services that you did not create or that you do not have permission to use and post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site 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 of Use, or which 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 Site or provide to the Company.

    Third Party Intellectual Property and Information

    The Website contains Intellectual Property that is provided for your convenience and enjoyment. Third parties provide some of the Intellectual Property. You should be aware that the Intellectual Property might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Intellectual Property may be subject to terms and conditions, which may be found on the Website or in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Intellectual Property and will not be liable for any lack of the foregoing. Third parties may offer goods, services and other materials to you on the Website. Your correspondence and business dealings with others found on or through the Website, including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the third party. You agree that Company will not be responsible or liable for any loss or damage of any sort arising out of or in any way related to any such dealings or the offering of such products, services, and other Intellectual Property on the Website. Under certain circumstances, we may permit third party users to upload content, in which event you may be exposed to offensive, indecent or objectionable content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms of Use or that is otherwise objectionable. Descriptions of, or references to, products, services or publications within the Website do not imply endorsement of that product, service or publication.

    Registration

    You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You will promptly update your registration to keep it accurate, current and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your username, password, other account information, or any other breach of security of which you become aware. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

    Software

    The technology and the software underlying our Website and the Services (including any software that we make available for download or use from the Website and/or our servers) (the "Software") is the property of Company, our affiliates, our partners, or independent suppliers. Your use of the Software may be governed by the terms of an end-user license agreement that accompanies or is included with the Software (the "License Agreement"). Please carefully read the License Agreement and these Terms of Use to determine the full extent of conditions governing the use of such Software. Except if expressly permitted by the License Agreement, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or Software underlying our Website or the Services. You agree not to modify the Software underlying our Website or the Services, in any manner or form or to use modified versions of such Software, including (without limitation) for the purpose of obtaining unauthorized access to our Website.

    Termination

    Additionally, you understand and agree that Company will determine your compliance with these Terms of Use, in its sole discretion. Company reserves the right to deny access to all or part of the Website and to deny access to any person for any reason, in its sole discretion, without notice or liability of any kind. Any violation of these Terms of Use may be referred to law enforcement authorities. Upon termination of your user account or access to the Website, or upon demand by Company, you must destroy all materials obtained from this Website and all related documentation. Unauthorized access to any of our Website is a breach of these Terms of Use and a violation of the law. You agree not to access our Website by any means other than through the interface that is provided by Company for use in accessing our Website. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our Website, except those automated means that s have approved in advance and in writing. You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Website and the Intellectual Property, including, without limitation, those governing your transmission or use of any software or data. If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, Company reserves the right, without prior notice to you, to automatically change your username, delete your posts from our Website, deny you access to our Website, or any combination of these options.

    Indemnification

    You agree to defend, indemnify and hold harmless the Company, its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them ("Company Parties") with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this Terms of Use, including, without limitation: (a) your use of the Website; (b) your violation of these Terms of Use or any law, rule or regulation, including, without limitation, those relating to false advertising, intellectual property infringement or defamation; (c) your use of the Intellectual Property; (d) any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you; (e) your connection to the Website; or (f) Your Contribution to Custom Advertisements. You will cooperate as fully and reasonably as required by Company in the defense of any claim. Notwithstanding the foregoing, Company retains the exclusive right to assume the exclusive defense and control of any matter for which you are required to indemnify us and/or settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Company herein under the terms and provisions of this Section and in no event shall you settle any such claim without Company's prior written approval.

    Disclaimers

    THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE WEBSITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). WE ARE NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR CLEAR CHANNEL INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

    Limitation of Liability

    UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE SERVICES, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE WEBSITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO THE WEBSITE OR CHANGE THE WEBSITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

    Governing Law, Venue and Jurisdiction

    YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, EXCLUDING CONFLICT OF LAWS PROVISIONS THAT WOULD INDICATE THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION AND YOU HEREBY SUBMIT TO EXCLUSIVE JURISDICTION IN THE FEDERAL AND STATE COURTS OF NEW YORK. YOU AGREE TO RECEIVE SERVICE OF PROCESS THROUGH E-MAIL, CERTIFIED MAIL OR BY OTHER MEANS SANCTIONED BY LAW, AND YOU EXPRESSLY WAIVE ANY CLAIM OF IMPROPER VENUE AND ANY CLAIM THAT SUCH COURTS ARE AN INCONVENIENT FORUM. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU MAY HAVE IN CONNECTION WITH OR RELATED TO THE WEBSITE WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

    Export Control and Economic Sanctions Requirements.

    SUPPLY OF GOODS, SERVICES AND SOFTWARE THROUGH THE WEBSITE IS SUBJECT TO UNITED STATES EXPORT CONTROL AND ECONOMIC SANCTIONS REQUIREMENTS. BY ACQUIRING ANY SUCH ITEMS THROUGH WDIG SITES, YOU REPRESENT AND WARRANT THAT YOUR ACQUISITION COMPORTS WITH AND YOUR USE OF THE ITEM WILL COMPORT WITH THOSE REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, YOU MAY NOT ACQUIRE GOODS, SERVICES OR SOFTWARE THROUGH THE WEBSITE IF: 1) YOU ARE IN, UNDER THE CONTROL OF, OR A NATIONAL OR RESIDENT OF CUBA, IRAN, NORTH KOREA, SUDAN OR SYRIA OR IF YOU ARE ON THE U.S. TREASURY DEPARTMENT'S SPECIALLY DESIGNATED NATIONALS LIST OR THE U.S. COMMERCE DEPARTMENT'S DENIED PERSONS LIST, UNVERIFIED LIST OR ENTITY LIST OR 2) YOU INTEND TO SUPPLY THE ACQUIRED GOODS, SERVICES OR SOFTWARE TO CUBA, IRAN, NORTH KOREA, SUDAN OR SYRIA (OR A NATIONAL OR RESIDENT OF ONE OF THESE COUNTRIES) OR TO A PERSON ON THE SPECIALLY DESIGNATED NATIONALS LIST, DENIED PERSONS LIST, UNVERIFIED LIST OR ENTITY LIST.

    Miscellaneous

    The Company's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Company and govern your use of our Website, superseding any prior agreements that you may have with Company. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect.