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Terms of ServiceTerms of Service
Terms of Use
THESE TERMS REFER TO THE USE OF THIS WEBSITE. YOUR ACCESS TO AND USE OF THIS SITE IS SUBJECT TO THESE TERMS OF USE. USING THE WEBSITE, CREATING AN ACCOUNT, SELLING AND/OR PURCHASING PRODUCTS WILL BE CONSIDERED AS A STATEMENT THAT YOU AGREE WITH THESE TERMS. SO, PLEASE READ THEM CAREFULLY.
1. ACCEPTANCE OF TERMS
By accessing or using this Site in any way, including using any Services, downloading any Materials or merely browsing the Website, you have agreed to be bound by the terms and conditions set forth herein and in any changes thereto that MLMSoftware.one (MSO) may publish from time to time, including in any Legal Notice to you applicable to the Website and/or Services (collectively, the “Terms of Use”). [Capitalized terms used herein are defined below]. If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.(“MLMSoftware.one” or simply “MSO”)
may change the Terms of Use and other guidelines and rules posted on this Site from time to time at its sole discretion. Your continued access or use of this Site, or any Materials or Services, constitutes your acceptance of the changes. Your access and use of this Site, the Materials and Services will be subject to the most current version of the Terms of Use, and any rules or guidelines posted on this Site at the time of such use.
You are encouraged to regularly check the “Terms of Use” link on the home page of this Site to view the then current terms. If you breach any of the Terms of Use, in addition to any injunctive relief or other available legal remedies, MSO, in its sole discretion, may immediately terminate your access to this Site, the Services and the Materials.
2. DEFINED TERMS
“MSO” means MLMSoftware.one, a subsidiary of FreyreSoft E.I,R.L, whose principal office is located at Francisco de Cuellar 110 Lima, Peru. MSO makes this website (www.MLMSoftware.one, “the Website”), its Materials and Services available for your access and use subject to the Terms of Use. “Materials” means all information, data, documents (e.g. , scripts, blog posts, product reviews and descriptions, datasheets, FAQs, templates, etc.), communications, downloads, files, text, images, content, tools, resources, software, code, programs, applications and products made available or enabled via the Website by MSO or any users of the Website. “Services” means the proprietary MSO services provided to customers in any way, to assist in product download, installation or customization, or any other Services MSO may be equipped to provide within its area of business, plus all other services and resources offered or enabled via the Website by MSO or any users of the Website, including download areas, collaboration or other tools, product and other information services and communication services such as blog posts, social media content, support forum and/or customer support provided through e-mail, and other message or communication facilities designed to enable or facilitate your experience within MLMSoftware.one.All Services provided by MSO are referred to as “MSO Services”. All Materials provided by MSO are referred to as “MSO Materials.” All content and Materials provided by users of the Website are referred to as “User Materials”. All information (such as data files, written text, computer code or other types of user-generated content) which you may post or have access to as part of or through your use of the Services (including MSO Materials and User Materials) is referred to as “Content”. Content is the sole responsibility of the person from which such content originated. Certain Services, including MSO Services, may involve collaboration and/or file sharing among users and/or a specified group of users. Materials posted by users in conjunction with such collaboration and file sharing Services are referred to collectively as “Shared Content”.
3. PROVISION OF SERVICES BY MSO
MSO endeavors to innovate constantly to provide the best possible experience for the Website’s users. You acknowledge and agree that the form and nature of the MSO Services and MSO Material which MSO provides on the Website and any Services or Materials which are enabled by the Website may change from time to time without prior notice to you. You acknowledge that MSO may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or other users of the Website, generally at MSO’s sole discretion, without prior notice to you. MSO, in its sole discretion, may (but has no obligation to) monitor or review the Services and Materials at any time and may disclose any information related to your use of the Services and the Materials, or the substance of any or your posted or submitted Materials, as MSO deems necessary to comply with applicable law, regulation, legal process or governmental request.You acknowledge and agree that if MSO disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. You acknowledge and agree that while MSO may not currently have set any upper limit on the number of transmissions or files that you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such an upper limit may be set by MSO at any time, at MSO’s discretion. You also acknowledge and agree that if you, at any moment and for any reason, violate any of these Terms of Use, your account can be terminated and all data uploaded by you will be forfeited to MSO, giving MSO the copyrights and the right to sell such data, as a means to recover any losses caused by such breaches through your use of this Website. The same is valid to all funds within your account at the time of account termination.
4. USE OF SERVICES BY YOU
You shall pay any costs and charges, including any telecommunication charges and/or equipment costs that you incur in order to access or use the Website, Services or Materials. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you may provide will be accurate, correct and up-to-date.You agree not to access (or attempt to access) any of the Services by any means other than through the interface provided by MSO to you, unless you have been specifically granted permission to do so in a separate agreement with MSO. You specifically agree not to access (or attempt to access) any of the Services, Materials, or another user’s account, password or computer through any automated means (including use of scripts or web crawlers), or by hacking, password mining or other means. You agree that you will not engage in any activity that interferes with or disrupts the Website or the Services (or the servers and networks which are connected to or accessible through the Services or the Website). You agree that you will not reproduce, duplicate, copy, sell, trade, lease or resell the Services or Products for any purpose, unless you have been specifically permitted to do so under a separate agreement with MSO. You also agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner. Some examples of improper use of the Website, Services or Materials include:
a. Collecting, harvesting, mining or engaging in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others;
b. Transmitting unsolicited or bulk communications to any Site account holder or to any MLMSoftware.one or affiliated e-mail address;
c. Posting or otherwise submitting any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms;
d. Creating a false identity for the purpose of misleading others;
e. Downloading any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner;
f. Removing or falsely adding to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material;
g. Making available any files or Content containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials;
h. Using any Materials in a manner that infringes any Intellectual Property Rights or rights of any party;
i. Disrupting, interfering or inhibiting any other user from using and enjoying the Website or other affiliated or linked sites, the Services or the Materials;
j. Posting or otherwise submitting any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lewd, lascivious, obscene, profane, racist, unlawful or otherwise objectionable.
k. Preparing, compiling, using, downloading or otherwise copying any Site user directory or other user or usage information or any portion thereof, or transmitting, providing or otherwise distributing (whether or not for a fee) such directory or information to a third party;
l. Engaging in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise);
m. Violating the rights of MSO or any third party (including the rights of privacy and publicity) or abusing, defaming, harassing, threatening or stalking another;
n. Using any MSO reference or MSO domain name as a pseudonymous return e-mail address;
o. Marketing any goods or services for any business purpose (including advertising and making offers to buy or sell goods and services), unless specifically permitted to do so by MSO.
You agree that you are solely responsible for (and that MSO has no responsibility to you or to any third party) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which MSO may suffer) for any such breach. You also agree that any such breach will be considered as a waiver to MSO of any funds, copyrights or rights to sell any products or services available in your account at the time of termination, as compensation for any losses suffered by MSO because of such breach.
5. YOUR PASSWORDS AND ACCOUNT SECURITY
If requested, you must also choose a user name and password to register for a user account. You understand and agree that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services and further agree that you will be solely responsible to MSO for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify MSO immediately by emailing [email protected]6. PRIVACY AND YOUR PERSONAL INFORMATION
For information about MSO’s data protection practices, please read MSO’s privacy policy available at www.MLMSoftware.one/privacy. You agree to the use of your data in accordance with MSO’s privacy policies.7. DISCLOSURES AND REPRESENTATIONS ON CONTENT
You are notified that any Content presented to you or made available to you as part of the Services (including Content provided or shared by other users of the Website) may be protected by intellectual property rights which are owned by the persons or entities that provided such Content to the Website. You may not rent, lease, loan, sell, distribute this Content (unless you have been specifically informed that you can do so by MSO or by the owners of that Content, in a separate agreement). MSO reserves the right (but has no obligation) to flag, review, pre-screen, filter, modify, refuse or remove any or all Content from the Services and/or the Website. You also agree that by using the Services and the Website you may be exposed to Content that you may find objectionable, indecent, or otherwise offensive, and that you use the Services and the Website at your own risk. You agree that you are solely responsible for (and that MSO has no responsibility to you or any third party for) any Content that you create, display, submit or transmit while using the Services or the Website and for the consequences of your actions (including compensation for any loss or damage which MSO may suffer) by doing so.8. LINKS TO THIRD PARTY SITES
The Services, the Materials and the Website may include links to other sites outside of the Website (“Linked Sites”). Any Linked Sites are provided to you as a convenience and any inclusion of these links does not imply any endorsement by MSO. MSO has no control over any Linked Site, any link contained in any Linked Site or any changes or updates to any Linked Site. You acknowledge and agree that MSO is not responsible for any form of transmission received from any Linked Site.9. PROPRIETARY RIGHTS
You acknowledge and agree that MSO (or MSO’s licensors) own all legal right, title and interest in and to the Website, the Services and MSO Materials, including any intellectual property rights which subsist in any (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You also agree that any breaches of the Terms of Use are to be considered a transfer to MSO of your proprietary rights for all Services and Products made available through your MSO account, as compensation for any losses suffered by MSO because of such breach. You further acknowledge that the Website, the Services and MSO Materials may contain information which is designated confidential by MSO and that you shall not disclose such information without MSO’s prior written consent. Unless MSO has agreed otherwise in writing with you, nothing in these Terms of Use gives you a right to use MSO’s trade names, trade marks, service marks, logos, domain names (including but not limited to www.MLMSoftware.one or any extension thereof) and other distinctive brand features. With exception of compensation instances, as described in Sections 3, 4, 8 and 12, MSO acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms of use in or to any Content that you submit, post, display or transmit on, or through the Services, the Website or the Materials, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise with MSO, you agree that you are responsible for protecting and enforcing those rights and that MSO has no obligation to do so on your behalf. You agree that you shall not remove, alter or obscure any proprietary rights notices (including any copyright and trademark notices) which may be affixed to the Website, the Services or any Materials. Unless you have been expressly authorized to do so in writing by MSO, you agree that in using the Services, the Website and Materials, you will not use any trade mark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.10. COPYRIGHT AND TRADEMARK POLICIES
It is MSO’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including in the United Sates, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.11. ACCOUNT RIGHTS
MSO grants you a personal, worldwide, non-assignable, royalty free and non-exclusive right to an account on the Website, as part of the Services provided to you by MSO. However, this account does not constitute a license to use, buy, sell or access any paid Products or Services, which you will have to purchase in order to access. Even after purchase, this account right does not give you permission to (and you may not permit anyone else to) copy, reverse engineer, create a derivative work of, or decompile or otherwise attempt to extract the source code of any Products or Services, the Website, or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically permitted to do so by MSO. Unless MSO has given you written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Website or any purchased Products or Materials, grant a security interest in or over your rights to use the Website or any purchased Products or Materials, or otherwise transfer any of your rights to use the Website or any purchased Products or Materials.12. CONTENT LICENSE FROM YOU
You retain a copyright and any other rights you already hold in Content which you submit, display or post on or through the Services. By submitting, displaying or posting the Content you give MSO a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, display or post on or through the Services. This license is for the sole purpose of enabling MSO to display, distribute and promote the Services and the Website. You agree that this license includes a right for MSO to make such Content available to its vendors, license partners, suppliers and successors in interest for the provision of services and to improve the performance, quality and experience of the Services and the Website, and to use such Content in connection therewith. You understand that MSO, in performing any required technical steps to provide the Services and Site access to our users, may (a) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services and media; and (b) transmit or distribute your Content over various public networks and in various media. You acknowledge and agree this license from you shall permit MSO to take such actions. Additionally, you also agree to waive these rights to MSO at the moment of your account termination, in instances of Terms of Use breach that may require compensation for any losses that any breaches of the Terms of Use are to be considered a transfer to MSO of your proprietary rights for all Services and Products made available through your MSO account, as compensation for any losses or damages suffered by MSO due to such breach.13. SUBMISSIONS AND POSTS FROM YOU
All of your Content and User Materials that you post on or otherwise transmit or submit via the Services and the Website shall not be confidential information or trade secrets owned by you or another party. You will receive no compensation for any use of your Content or User Materials. By posting, transmitting or submitting your Content or User Materials, you represent and warrant that you own or otherwise control all intellectual property rights and other rights to such Content or User Materials, including all rights necessary for you to post, transmit or submit such Content or User Materials. You are solely and entirely responsible for all of your Content and User Materials that you post, transmit or submit via the Services and the Website. You shall assume all risks associated with the use of your Content and User Materials, including any reliance on the accuracy, completeness or usefulness of your Content and User Materials. MSO does not guarantee the accuracy, the integrity or the quality of your Content or User Materials.For all of your Content and User Materials that you post, transmit or submit via the Services and the Website, including (a) comments, (b) feedback, (c) bug reports, (d) piracy reports or (e) product suggestions, you grant MSO and the users of the Services and the Website an unrestricted, irrevocable, worldwide, non-exclusive, royalty-free and fully-paid-up license under all intellectual property rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such Content and User Materials, with or without having your name attached to such Content and User Materials, in any manner or form and for any purpose, with full rights to sublicense, and you also acknowledge and agree that MSO is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you.
Unsolicited ideas, of any kind whatsoever, that are sent to MSO for consideration via this Site, the Services or Materials shall not be considered or accepted by MSO, nor deemed confidential or proprietary information (including any original creative artwork, samples, demos or other works created in connection therewith).
14. USING SHARED CONTENT
Use of Shared Content is limited to the terms and conditions stated by and manner of use permitted to such Shared Content by the user providing such Shared Content, that which is posted on an MSO forum, for example. It is your sole responsibility to communicate with other users of any Shared Content and determine what limitations, if any, are placed on the use of the Shared Content distributed among users. Unless you have received permission to access and use Shared Content from the user providing such Shared Content you have no right to use such Shared Content in any way. You also acknowledge and agree that MSO has no liability of any kind should users modify, copy, corrupt, destroy, display, transfer or distribute your Shared Content, or violate these Terms of Use or any other limitations that you may impose on the access to or use of your Shared Content.15. INDEMNITY; LIABILITY AND GRANT OF REMEDY
You agree to indemnify and hold MSO, its employees, officers, directors, partners, successors and assigns harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) your User Materials and any other content (e.g. computer viruses) that you may submit, post, display or transmit through the Website and/or the Services (including a third party’s use of such User Materials or content [e.g. reliance on the accuracy, completeness or usefulness of such User Materials or content]); (b) your access to or use of the Website, Services or Materials (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Website or any Services or Materials); (c) your connection to the Website, Services or Materials; (d) your violation of the Terms of Use; (e) actions of any user that you provide access to or permission to use your Shared Content; (f) your infringement of any third party’s intellectual property rights when using any of the Software made available on the Website, the Services or the Materials; (g) your violation of any rights of any third party; (h) your access to or use of Linked Sites and your connections thereto; or (i) any dealings between you and any third parties advertising or promoting via the Website, Services of Materials. In the event of your or others’ access to the Website, Services or Materials in connection with the transmission of spam or other unsolicited e-mail in violation of these Terms of Use, you acknowledge and agree that MSO would be irreparably harmed thereunder and that monetary damages would be an insufficient remedy; therefore you agree that, in addition to any other remedies available at law or in equity, MSO is entitled to obtain immediate injunctive relief against any such transmission. MSO may without restriction block, filter or delete unsolicited e-mail.16. WARRANTIES AND DISCLAIMERS
THE WEBSITE, SERVICES AND MATERIALS, ARE PROVIDED BY MSO UNDER THESE TERMS OF USE “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MSO MAKES NO WARRANTY THAT (i) THE WEBSITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE, SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (iv) THE QUALITY OF THE WEBSITE OR ANY SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR MATERIALS WILL BE CORRECTED.THIS SITE, SERVICES AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. MSO MAKES CHANGES TO THE WEBSITE, SERVICES AND MATERIALS WHICH MAY INCLUDE CHANGES IN PRICING AND DESCRIPTION OF ANY PRODUCTS, SERVICES OR MATERIALS LISTED, AT ANY TIME AND IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE WEBSITE, SERVICES AND MATERIALS MAY BE OUT OF DATE, AND MSO MAKES NO COMMITMENT TO UPDATE THE WEBSITE, SERVICES AND MATERIALS.
YOU ACKNOWLEDGE AND AGREE THAT MSO DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) MSO MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR SITES, SERVICES OR MATERIALS; ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) MSO SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY SERVICES OR MATERIALS OFFERED BY THIRD PARTIES.
THE USE OF THE WEBSITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIONS. MSO ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MSO OR VIA THE WEBSITE, SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. MSO WILL NOT BE LIABLE FOR LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO THIRTY (30) DAYS.
17. LIMITATIONS OF MSO’S LIABILITY
IN NO EVENT SHALL MSO, ITS EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, VENDORS, SUPPLIERS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF MSO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION THEREWITH (i) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE WEBSITE, SERVICES, OR MATERIALS; (ii) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE WEBSITE, SERVICES OR MATERIALS; (iii) ANY DEALINGS WITH VENDORS, SUPPLIERS OR OTHER THIRD PARTIES; (iv) ANY UNATUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, USER MATERIALS OR OTHER DATA; (v) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (vi) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (vii) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (viii) ANY WEB SITE REFERENCED OR LINKED TO OR FROM THIS SITE; OR (ix) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND SO THE LIMITATIONS AND EXCLUSIONS STATED ABOVE MAY NOT APPLY TO YOU.18. ARBITRATION
Any controversy or claim arising out of or relating to these Terms of Use shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such 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 arbitration shall at MSO’s sole election be conducted in either Miami-Dade or Broward County, Florida and judgment on the arbitration award may be entered into any court having competent jurisdiction thereof. Notwithstanding anything in this paragraph to the contrary, MSO may at any time seek an injunction or other equitable remedy from any court of competent jurisdiction.19. JURISDICTION AND VENUE
By accessing this Site, the Services and Materials you agree that all matters relating to your access to, or use of, this Site, the Services and Materials shall be governed by the statutes and laws of the State of Florida, without respect to conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Circuit Courts located in Miami-Dade or Broward County, State of Florida and the United States District Court for the State of Florida with respect to such matters.20. GENERAL
The Terms of Use and other Legal Notices, rules, guidelines, licenses and disclaimers posted via the Website or in connection with the Services and Materials constitute the entire agreement between MSO and you with respect to your access and use of the Website, Services and Materials and supersede any prior agreements or understandings between MSO and you on such subject matters. You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without MSO’s prior written consent. If for any reason a court of competent jurisdiction or arbitrator finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision and the remainder of the Terms of Use shall continue in full force and effect. Any failure by MSO to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver or that provision or right. The paragraph titles used in these Terms of Use are solely for convenience and carry no legal or contractual effect.
