1. User’s Acknowledgement and Acceptance of Terms
USLocations, Inc. (referred to as “USL”, “Us”, “Our” or “We”) provides the www.MDLocations.com and www.VALocations.com web sites and various related services (together referred to as this “Site”) subject to your compliance with all of the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between Us (or your company). Furthermore, when using particular services or materials on this Site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms or conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
BY AGREEING TO LIST YOUR BUSINESS IN OUR ONLINE DIRECTORY, COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH OUR SITE, OR ANY SERVICES, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR SERVICES OR CONTENT. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
These Terms of Use are effective as of July 1st, 2003. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use periodically and to be aware of any modifications or revisions. Your continued use of this Site or Our services after such modifications or revisions will constitute your knowledge and acceptance of the modified or revised Terms of Use and agreement to abide and be bound by the modified or revised Terms of Use.
As used in these Terms of Use, references to Our “Affiliates” include Our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site, its content and/or Our services. “Affiliates” does not include Our customers or Web site visitors.
2. Description of Services
We make various services available on this Site, including but not limited to, Our online directory services, USLocations.net, MDLocations.com and VALocations.com. Fees for the various services are set out on Our pricing page currently located at www.MDLocations.com/index.php?cmd=pricing or www.VALocations.com/index.php?cmd=pricing. You are solely responsible for providing, at your own expense, all equipment necessary to use Our services, including computer, modem, and your own Internet access (including payment of telephone services fees associated with such access).
We reserve the sole right to either modify or discontinue the Site, including any features therein, at any time without notice to you. We shall not be liable to your or any third party should We exercise such right. Modifications may include, but are not limited to, changes in the pricing structure for Our online directory and other services, or the addition of new fee-based services. Any new features that augment or enhance the then-current services offered on this Site shall also be subject to these Terms of Use.
You understand and agree that temporary interruptions of the services available or offered through this Site may occur as normal events. You further understand and agree that We have no control over third-party networks you may access in the course of the use of Our Site, and therefore, delays and disruption of other network transmissions are completely beyond Our control.
3. Registration Data and Privacy
Registration is not required to enter Our site. However, in order to access some or all of the services on this Site, you must secure a separate account and password that can be obtained by completing Our online registration form, which requests certain information and data (“Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
You also grant Us the right to disclose to certain third-parties specific Registration Data about you. The information We obtain through your use of the Site, including your Registration Data, is subject to Our Privacy Policy, which can be accessed through the link at the bottom of Our Site’s Home Page, and which is specifically incorporated by reference into these Terms of Use.
4. Payment of Fees
If you subscribe to a service on this Site that requires payment of a fee, including but not limited to Our online directory services, you agree to pay all fees associated therewith. For all charges for online directory or other services on this Site, We will bill your credit card. Recurring charges are billed in advance of service. You agree to provide Our third-party billing company with accurate and complete billing information, including valid credit card information, your name, address, and telephone number (or other information that it requires), and provide it with any changes in such information within ten (10) days of the change.
If, for any reason, your credit card company refuses to pay the amount billed for the membership or other service, you agree that We may, at Our sole option, suspend or terminate your membership or subscription to the service and require you to pay the overdue amount by other means acceptable to Us. We may charge a fee for reinstatement of suspended or terminated accounts.
You agree that until your subscription to the online directory service is terminated, you may continue to accrue charges for which you remain responsible.
In the event legal action is necessary to collect on balances due, you agree to reimburse Us for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.
5. Conduct on Site
Your use of the Site is subject to all applicable laws and regulations, including Our “etiquette” policies below, and you are solely responsible for the content of your online directory listing through this Site. By listing in Our online directory or otherwise using any of Our services through this Site, you agree that you will not post, upload, share, or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data, or other information – that :
a. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent nature), or otherwise is in violation Our rules or policies;
b. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other right of property;
d. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any form of unauthorized solicitation, or any form of lottery or gambling;
e. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. Impersonates any person or entity, including any of Our employees or representatives.
You acknowledge and agree that it is Our sole discretion to determine whether any communication, content or etiquette violates the conduct of this Site. We neither endorse nor assume any liabilities for the content of any material uploaded, submitted, or downloaded from this Site. We generally do not prescreen, monitor, or edit the content submitted by Our users or customers, however, We and Our agents have the right at Our sole discretion to remove any content that, in Our sole and absolute opinion and judgment, does not comply with these Terms of Use and any other rules of user conduct or etiquette for Our Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against Us arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Furthermore, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of this Site may be available to you or other authorized users of this Site. You shall not interfere with anyone else’s use and/or enjoyment of this Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that We may at any time, and at Our sole and absolute discretion, terminate your online directory listing without prior notice to you for violating any of the above provisions. Should your online directory listing be terminated for the above reason, you will not receive any refund of your registration fee. In addition, you acknowledge that We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
6. Third-Party Sites and Information
This Site may link to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or materials that some people may find inappropriate or offensive. These other sites and parties are not under Our control, and you acknowledge that We are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are We responsible for errors or omissions in any references to other parties or their products and/or services. The inclusion of such a link or reference is provided merely as a convenience. Likewise, We are not associated with or in control of third-party sites that contain links to this Site. In no way does either of these circumstances imply endorsement of, or association with, the Site or party by Us, or any warranty of any kind, either express or implied.
7. Intellectual Property Information
Copyright © 2005 USLocations, Inc. -- All Rights Reserved.
For purposes of these Terms of Use, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on Our Site.
By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this Site is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws, and is the sole property of USL and/or its Affiliates. You are only permitted to use the content as expressly authorized by Us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, link to or distribute any documents or information from this Site in any form or by any means without prior written permission from Us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. Becoming a customer of USL grants no license or permission to use, in any manner, our proprietary materials. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
We and Our Affiliates do not warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
The following are registered and/or common law trademarks/service marks of USL or its Affiliates: USLOCATIONS.NET, MDLOCATIONS.COM, DCLOCATIONS.COM, PALOCATIONS.COM, AKLOCATIONS.COM, CTLOCATIONS.COM, DELOCATIONS.COM, FLLOCATIONS.COM, GALOCATIONS.COM, HILOCATIONS.COM, IDLOCATIONS.COM, ILLOCATIONS.COM, KSLOCATIONS.COM, KYLOCATIONS.COM, MELOCATIONS.COM, MALOCATIONS.COM, MILOCATIONS.COM, MNLOCATIONS.COM, MSLOCATIONS.COM, MOLOCATIONS.COM, NVLOCATIONS.COM, NHLOCATIONS.COM, NJLOCATIONS.COM, NDLOCATIONS.COM, OHLOCATIONS.COM, ORLOCATIONS.COM, SDLOCATIONS.COM, TNLOCATIONS.COM, TXLOCATIONS.COM, UTLOCATIONS.COM, VTLOCATIONS.COM, WALOCATIONS.COM, WVLOCATIONS.COM, WYLOCATIONS.COM, ALLOCATIONS.INFO, LALOCATIONS.INFO, OKLOCATIONS.INFO, INLOCATIONS.INFO, COLOCATIONS.US, AZLOCATIONS.NET, ARLOCATIONS.NET, CALOCATIONS.NET, IALOCATIONS.NET, MTLOCATIONS.NET, NYLOCATIONS.NET, RILOCATIONS.NET, NCLOCATIONS.NET .
All custom graphics, icons, logos and service names are registered and/or common law trademarks/service marks of USL or its Affiliates. All other trademarks or service marks are property of their respective owners. Unless expressly granted herein, nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of USL or its Affiliates.
8. Use of Your Materials
Subject to Our Privacy Policy (which may be accessed by a link at the bottom of the home page to this Site), any communication or material that you transmit to this Site or to Us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant Us and Our designated licensees a non-exclusive, fully paid, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
Please do not submit confidential or proprietary information to Us unless We have agreed to receive such in writing. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to Us under any circumstance.
We respect the intellectual property of others, and We ask you to do the same. If you or any user of this Site believes its copyright, trademark, or other property rights have been infringed by an online directory listing on this Site, you or the user should send notification to Our Designated Agent (as identified below) immediately. To be effective, the notification must include:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the intellectual property claimed to have been infringed;
c. Information reasonably sufficient to permit Us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
d. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit Us to locate the materials;
e. 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, agent, or the law; and
f. 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.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), Our Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
USLocations, Inc.
9213 Fernwood Road
Bethesda, Maryland 20817
301-977-7051
info@USLocations.net
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, We may immediately remove the identified materials from Our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.
9. Disclaimer of Warranties
USL MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. USL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. USL DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. USL DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO GUARANTY TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE 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 OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
It may be possible that through your use of the Site and for the convenience of Our members, you may have opportunities to engage in commercial transactions with other users and vendors (“Third Parties”). You acknowledge that all transactions relating to any merchandise or services offered by any Third Parties, including, but not limited to, the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the Third Parties and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM THIRD PARTIES IS PROVIDED SOLELY BY SUCH THIRD PARTIES AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this Site often represents the opinions and judgments of a customer, an information provider, a Site user, or other person or entity not connected with USL (customers not being legally connected with USL). We do not endorse, nor are We responsible for, the accuracy or reliability of any opinion, advice, or statement made by anyone other than an authorized USL spokesperson speaking in his/her official capacity.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, USL’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
11. Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless USL, its parent companies, subsidiaries, Affiliates, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Site from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, Our services, or the Site content, or any violation by you of this Agreement.
12. Participation in Promotions
This Site includes advertisements offered by third persons. You may enter into correspondence with or participate in promotions of the third persons advertising their goods/services on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods/services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between you and the third persons. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.
13. Use of Site and Storage of Material
You acknowledge that We may establish general practices and limits concerning use of the services available on Our Site, including without limitation the maximum number of days that your content will be retained on the Site, the maximum disk space that will be allotted on Our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the content or services in a given period of time. You agree that We have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site. You acknowledge that We reserve the right to log off accounts which have not paid a registration fee that are inactive for an extended period of time. You further acknowledge that We reserve the right to change these general practices and limits at any time, in Our sole discretion, with or without notice.
14. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and We reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
15. International Use
Although this Site may be accessible worldwide, We make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from locations outside the United States do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
16. Termination of Use
If you enter into an agreement with Us to list your business in Our online directory or for any other service, said agreement shall continue in force and effect for one (1) year from the date of registration (“Initial Term”) and will be automatically renewed without the notification of either party for one (1) year terms thereafter (“Renewal Term”), unless sooner terminated as provided for herein (together the Initial Term and the Renewal Term are collectively the “Term”). Renewal Terms shall be charged at the then established rates.
You agree that We may, in Our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that We may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Us in connection therewith. Sections 1, 3, 5-11, and 15-17 of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.
17. Governing Law
This Site (excluding any linked sites) is controlled by Us from Our offices within the State of Maryland, United States of America. It can be accessed from all fifty states, as well as from other countries around the world. As each of these places has laws that may differ from those of the State of Maryland, by accessing this Site, both of Us agree that the statutes and laws of the State of Maryland, without regard to the conflict of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site. Each of Us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Circuit Court of the State of Maryland, and the United States District Court for the District of Maryland, with respect to such matters.
18. Notices
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to Us must be sent to the attention of Customer Service at info@USLocations.net, if by e-mail, or at USLocations, Inc., 9213 Fernwood Road, Bethesda, Maryland 20817, if by conventional mail. Notices to you will be sent to the e-mail address supplied for your account as part of your Registration Data or any other address that you provide. In addition, We may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; (5) on the delivery date if transmitted by confirmed e-mail or (6) on the broadcast date if broadcast through this Site.
19. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between Us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and Us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
20. Miscellaneous
In any action to enforce these Terms of Use, the prevailing party (or the substantially prevailing party if there is more than one claim adjudicated) will be entitled to costs and attorneys' fees. Any cause of action brought by you against Us or Our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. We may freely assign Our rights and obligations under these Terms of Use.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Site.
In addition to any excuse provided by applicable law, We shall be excused from liability for non-delivery or delay in delivery of services available through Our Site arising from any event beyond Our reasonable control, whether or not foreseeable by either party, including but not limited to, war, acts of terrorism and events related to such acts, fire, flood, accident, adverse weather, inability to secure transportation, insurrections, riots, or civil commotions, strikes, lockouts, or other labor disturbances; acts of God; or acts, omissions, or delays in acting by any governmental authority, governmental act or regulation, and other causes or events beyond Our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by Us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
