INTERNET ACCESS AND TERMS OF USE AGREEMENT
Welcome to the FamilyClick Internet Access Service. , LLC, a Virginia limited liability company (“FamilyClick”), agrees to provide the subscriber who has registered to use the Service (“you”) with the Service under the terms and conditions embodied in this Internet Access and Terms of Use Agreement (“Agreement”). This Agreement is effective as of the day of the activation of your account (“Account”) by FamilyClick.
REGARDLESS OF WHETHER YOU ACCESS OR USE THE SERVICE, ANY COMPUTER SOFTWARE LICENSE AGREEMENTS BETWEEN YOU AND FAMILYCLICK SHALL CONTINUE IN FULL FORCE AND EFFECT, AND YOUR USE OF SUCH SOFTWARE, IF ANY, RECEIVED FROM FAMILYCLICK SHALL BE SOLELY PURSUANT TO THE TERMS AND CONDITIONS OF THE APPLICABLE SOFTWARE LICENSE AGREEMENT(S).
- Grant of Rights.
FamilyClick grants you a non-exclusive, non-transferable, limited right to access, use and display the Internet access services and the FamilyClick Internet Site located at (collectively, the “Site”) provided by FamilyClick each of which may include, without limitation, email, Web site hosting, newsgroups, bulletin board services, third party content, content of FamilyClick, and any other products or services that FamilyClick may offer (collectively, the “Service”) on any machine(s) of which you are the primary user. Your Account may not be transferred to another party without prior written approval from FamilyClick, and any such permitted transfer of your Account is subject to any restrictions established by FamilyClick.
- Changes to this Agreement. FamilyClick has the right to modify this Agreement and impose new or modified policies or practices at any time in its sole and absolute discretion after providing you with 30 days advance notice (via email or other media). Any modification is effective immediately following this 30 day period. Your continued use of the Service after this 30 day period shall be conclusively deemed an acceptance of all such modification(s). Your exclusive right with respect to any dissatisfaction or disagreement with any modifications made to this Agreement, or any policies or practices of FamilyClick in providing the Service, including, without limitation, (a) terminating or suspending your access to the Service, (b) blocking access to or removing, or refusing to post, content deemed to be inappropriate by FamilyClick in its sole discretion, (c) FamilyClick's failure to block access to or remove or refuse to post content that you may consider inappropriate, (d) any change in the content of the Service, or (e) any change in the amount or type of fees charged for the Service, is to terminate your subscription to the Service by complying with Section 13. Such notice will be effective on receipt by FamilyClick
- Authorized Users of Your Account. This Agreement is personal to you, and you agree not to allow persons other than those in your immediate family (“Authorized Users”) to use your login name or password to access your Account without the prior written consent of FamilyClick. Notwithstanding the foregoing sentence, only you or any single Authorized User may use your Account at any particular time, and you may not resell or redistribute any portion of the Service or provide access to your Account to any third party for financial gain. You are jointly and severally responsible for the use of the Service by any Authorized User, for any Authorized User's conduct while using the Service and for any consequences if an Authorized User misuses the Service, violates this Agreement, or accesses or transmits material or information that FamilyClick believes in its sole discretion is obscene or otherwise objectionable.
- Fees and Payment. Regardless of whether or not you actually use the Service, FamilyClick will charge you standard monthly fees for your ability to access your Account as long as your Account remains active with FamilyClick. Any and all charges will appear on your monthly credit card statement. Charges for the Service may vary from time to time, depending on the length of time you are logged on to the Service in any given calendar month, as well as on other factors. FamilyClick reserves the right to change its fees at any time for any reason after providing you with 30 days advance notice (via email or other media). From time to time, FamilyClick may add or modify certain services relating to the Service, and FamilyClick reserves the right to charge you additional or different fees in consideration for providing such new or modified services to you. You will also be liable for all attorney and collection fees and costs arising from FamilyClick's efforts to collect any unpaid balances on your Account.
- Communications Charges.
You are responsible for all charges associated with connecting to the Service, including, without limitation, all telephone access lines, telephone and computer equipment necessary to access the Service.
- Use of the Service.
You are responsible for all activities and charges resulting from use of the Service. You will pay all monthly membership fees, connect time charges, surcharges, applicable taxes and other charges you incur regarding the Service.
- Notification of Security Breaches.
You agree to notify FamilyClick immediately of any unauthorized use of your password or account or any other breach of security. In the event of a breach of security, you will remain liable for any unauthorized use of the Account with the Service until you notify FamilyClick by calling FamilyClick Customer Service at .
- Increase in Fees.
FamilyClick reserves the right to increase fees, surcharges, monthly membership fees or to institute new fees at any time.
- No Fee Credit Following Termination.
If your Account is terminated or canceled for any reason, you will be charged for the full monthly charge for the month during which your Account is terminated or canceled but, subject to any fines or penalties assessed pursuant to this Agreement, you will receive credit for any prepaid charges thereafter.
- Late Fees.
If FamilyClick does not receive the full amount of your Account balance within thirty (30) days of the invoice date or billing date, the lesser of an additional 5% or the highest percentage allowed by law, of the outstanding balance will be added to your bill as a late charge each month and shall be due and payable.
- Content.
- Restricted Access to Blocked Content.
By using the Service, you acknowledge that the Service's primary purpose is to attempt to block access to certain Internet content (“Blocked Content”), based on the possibility that the Blocked Content may contain material that may be offensive or objectionable according to standards established by FamilyClick. As a result, you may not be able to access certain Blocked Content, even though you may not consider that the Blocked Content to be offensive or objectionable.
- Responsibility for Your Content.
You recognize that you are solely responsible for the content of any information you make available to the Service, including, without limitation, by posting on a Web site or in email, or in a bulletin board or chat room service.
- FamilyClick's Ability to Monitor.
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You consent to allow FamilyClick to allow its electronic filters to monitor the content that you or other Authorized Users transmit by means of the Service, but you understand that FamilyClick shall have no obligation to do so. In addition, FamilyClick may provide human review of the content of web pages and chat room discussions to ensure the safety of you and your family. If the FamilyClick filters or the FamilyClick human reviewer deems any content transmitted or otherwise made available by you to be unlawful, fraudulent, unacceptable, defamatory, offensive, obscene or otherwise objectionable or in breach of the terms of this Agreement, then FamilyClick shall have the right, but not the obligation, to remove, deny access to or refuse to post such content. You expressly agree that FamilyClick shall not be liable to you for any action FamilyClick takes to remove or restrict access to such material, or for any action taken to remove or restrict access to material posted in violation of any the terms of this Agreement or of any law, regulation or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy. FamilyClick has the right to take all reasonable actions to remove or restrict access to any such material, including restriction, suspension or termination of your access privileges and/or deletion of the objectionable material. You understand that FamilyClick provides access to materials on the Internet (portions of which you may consider sexually explicit, obscene or otherwise offensive or objectionable) created and maintained by third parties over whom FamilyClick exerts no control or influence. In no event shall FamilyClick be liable to you, any Authorized User or any other person or entity, either directly or indirectly, with respect to any materials from third parties accessed through the Service. You assume total responsibility and risk for your use of the Service and the Internet generally. FAMILYCLICK DISCLAIMS ANY AND ALL RESPONSIBILITY FOR CONTENT CONTAINED IN ANY THIRD PARTY MATERIALS POSTED TO THE INTERNET.
- Permission to Access and Divulge Your Content
You consent to allow FamilyClick to access (for purposes of ensuring your compliance with this Agreement) any and all communications sent or received by you or an Authorized User through the Service. You also consent to allow FamilyClick to divulge the contents of any communications sent or received by you or an Authorized User through the Service to any third party to the extent that FamilyClick may determine in its sole discretion.
- Monitoring and Reporting Offensive or Objectionable Content.
By using the Service, you will help FamilyClick locate offensive or objectionable material on the Internet and report the identity of senders of mass, unsolicited email messages (known as “spam”). FamilyClick will make every effort it deems reasonable in its sole discretion to block its members' access to offensive or objectionable content. Despite our efforts, you understand that new content is added every day to the Internet and, therefore, FamilyClick may not detect certain offensive or objectionable content before you or Authorized Users obtain access to this content. If you encounter objectionable content on the Internet or receive spam in your email account, please let us know immediately.
- Our Response to Offensive or Objectionable Content and Spam.
If the content qualifies in our sole discretion for screening according to our standards, we will put it on the "blocked" list as soon as reasonably possible. Simply submit the web site address (or other information that will allow us to locate the content) to us at Submit a Site for Review. If the email qualifies as spam in our sole discretion and is sent by a FamilyClick account holder, we reserve the right to (1)terminate that account holder's account with FamilyClick immediately and/or (2) fine the account holder for such prohibited activity. For each day on which your email use is in excess of the limitations set forth in this Agreement, FamilyClick may require you to pay a fine of up to $10 per day for an unintentional breach of the limitations of this provision or up to $1,000 per day for an intentional breach of the limitations of this provision. FamilyClick, in its sole discretion shall determine whether your breach was unintentional or willful. Payment of these fines shall not prevent FamilyClick from seeking legal remedies against you for any damages incurred as a result of such use, including damages or an injunction.
- Proprietary Rights.
Material accessible to you through the Service may be the subject of intellectual property rights, including, without limitation, patents, copyrights, trademarks and trade secrets.
- No Reproduction of Others' Proprietary Rights.
Except as expressly permitted by the owner of such proprietary rights, you may not reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any such material.
- License Granted to FamilyClick in Your Content.
By posting messages, uploading files, inputting data, or engaging in any form of communication (collectively, “Communications”) in or through the Service, you grant to FamilyClick an irrevocable, perpetual, fully-paid worldwide license (the “License”) to use, display, copy, perform, modify, sublicense, adapt and publish such Communications using any technology, whether now known or hereafter created. FamilyClick shall use the Communications solely in conjunction with providing, promoting, distributing or otherwise exploiting the Service. The License does not, however, grant FamilyClick any ownership rights in or to your Communications.
- Ownership of Content on the Site.
FamilyClick or its suppliers own all rights, title and interest in and to all components of the Service, excluding content owned by third parties that may be accessible through the Service and/or the Internet generally. FamilyClick's ownership rights in the Service include, but are not limited to, the look and feel of the end-user interfaces associated with the Service, the name of the Service, and the collective works consisting of all public messages on the Service. You may not reproduce any sequence of messages from our Service without FamilyClick's prior written consent. In addition, you shall not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble (a) any aspect of the Service that we or our suppliers own, or (b) any service, information or materials supplied by a third party content provider and that you may access through the Service.
- System Resources.
- The Storage Capacity of Your Electronic Mail Account.
You acknowledge that FamilyClick provides no more than 10 megabytes of electronic mail storage per email account and that you are responsible for compliance with this limit. You may have up to five email accounts for your subscription to the Service. You expressly agree that FamilyClick shall not be liable to you or any third party for any damages resulting from any reasonable action FamilyClick takes to enforce this provision, including, without limitation, deleting material from your storage space or prohibiting the acceptance by your email account of any new messages or material.
- The Storage Capacity of Your Personal Web Page.
You acknowledge that FamilyClick provides no more than five megabytes of storage space per personal web page and that you are responsible for compliance with this limit. You may have up to five separate personal web pages for your subscription to the Service. You expressly agree that FamilyClick shall not be liable to you or any third party for any damages resulting from any reasonable action FamilyClick takes to enforce this provision, including, without limitation, deleting material from your personal web page, restricting access to your personal web page or prohibiting the acceptance by your web page of any new material until you comply with the maximum storage space limitations.
- Server Program Prohibition.
You acknowledge that you may not use the Service to operate server programs, including, but not limited to, mail servers, IRC servers, ftp servers or Web servers. You further agree not to use any technology, method or device to maintain a constant connection with the Service.
- User Information.
- Age.
You certify to FamilyClick that you are not a minor, i.e., that you are at least eighteen (18) years of age; provided, however, that a minor's parent or legal guardian may authorize a minor to use his/her Account(s) under supervision of the parent or guardian.
- Accuracy of Information and Updating Obligation.
For purposes of identification, billing and marketing, you will provide FamilyClick with true, accurate, current, complete, and updated information required by the registration to the Service (“Registration Data”), including your legal name, address, telephone number(s), and applicable payment method (e.g., credit card number and expiration date). You will notify FamilyClick within five (5) calendar days of any changes in your Registration Data. Failure to comply with this provision may result in immediate suspension or termination of your right to use the Service.
- Confidentiality of Passwords.
You will receive a password and account designation after completing the registration process. You are solely responsible for maintaining the confidentiality of your passwords, and you agree that FamilyClick will have no obligations with regard thereto.
- Privacy and Disclosure
- Registration Data.
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy at
http//www./privacy.html. FamilyClick reserves the right to reveal Registration Data or other information in its possession regarding users of the Service in cooperation with a lawful request or an investigation by any government body or governmental agency.
- Your Content.
You acknowledge that transmissions made by means of the Service are not confidential and that your communications may be read or intercepted by others. You acknowledge that by transmitting materials by means of the Service, no confidential, fiduciary, contractually implied or other relationship is created between you and FamilyClick. Your communications with and through the Service will, in most cases, be viewed only by you and by anyone to whom you address such communications, including, without limitation, electronic mail and bulletin board and chat messages. When reasonably practicable, FamilyClick will attempt to preserve the confidentiality of such communications, but FamilyClick has the right to monitor the Service, whether electronically or otherwise, from time to time and to disclose any information as, in FamilyClick's sole discretion, is necessary to satisfy any law, regulation or other lawful request, to operate the Service properly, or to protect itself or its subscribers. FamilyClick has no obligation to monitor the Service. FamilyClick reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable or in violation of this Agreement.
- Indemnification.
Your use of the Service will at all times comply with all applicable laws, rules, and regulations and all rules imposed by FamilyClick from time to time. You hereby agree to indemnify, defend and hold harmless FamilyClick and its employees, licensors, independent contractors, content or service providers, subsidiaries and affiliates (collectively, the “Affiliates”), from and against any and all claims, proceedings, damages, injuries, liabilities, losses and costs (including, without limitation, attorneys' fees and costs) incurred by the Affiliates in connection with any claim arising out of any breach (whether by action or omission) by you of any of your representations, warranties and covenants contained in this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. FamilyClick reserves the right, at its own expense, to assume the exclusive defense and control of any material otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of FamilyClick.
- DISCLAIMER OF WARRANTY.
THE SERVICE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTENT ACCURACY OR THE RESULTS TO BE OBTAINED FROM ITS USE. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. IT IS ALSO SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, USEFULNESS OR VALIDITY OF ALL OPINIONS, ADVICE, SERVICE, PROMOTIONS, ADVERTISEMENTS, AWARDS, PRIZES OR OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE, WHETHER DIRECTLY OR INDIRECTLY, OR ON THE INTERNET GENERALLY. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND THE INTERNET GENERALLY. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER FAMILYCLICK NOR ITS SUPPLIERS MAKE ANY WARRANTIES REGARDING THE SERVICE AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OR LACK OF SECURITY OF OR ERROR IN THE SERVICE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO FAMILYCLICK'S NEGLIGENCE. FAMILYCLICK DOES NOT WARRANT THAT FAMILYCLICK WILL BE ABLE TO BLOCK ANY PERSON'S ACCESS (INCLUDING MEMBERS OF YOUR FAMILY) TO CONTENT THAT YOU MAY CONSIDER OFFENSIVE OR OBJECTIONABLE. FAMILYCLICK DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED IN A TIMELY FASHION.
- LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL FAMILYCLICK OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY SPECIAL, INCIDENTAL PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSSES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE, ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE FAMILYCLICK SITE OR THE INTERNET GENERALLY, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF FAMILYCLICK OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL FAMILYCLICK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSE OF ACTON EXCEED THE AMOUNT RECEIVED BY FAMILYCLICK DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE ACCRUAL OF SUCH CLAIM. YOU UNDERSTAND THAT IF YOU BECOME DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO DISCONTINUE THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
- Termination of Service.
You may terminate your Account by calling , but you will remain liable for all charges accrued until your password has been deactivated, including full monthly charges for the month during which you terminated your Account. FamilyClick may modify, suspend or terminate your Account immediately for any breach of this Agreement. On termination of this Agreement, FamilyClick reserves the right to terminate your login name and password and to delete any or all program or data files associated with the Account.
- Service Rules.
You shall not use the Service in a manner that is prohibited by any law or regulation, or that would facilitate the violation of any law or regulation.
- Termination for Failure to Follow Service Rules.
You will abide by the following rules and any other rules (or updates) posted by FamilyClick at www./terms.html from time to time:
- Password Confidentiality.
you will not tell others your password or let your Account be used by anyone except yourself or members of your immediate family;
- Objectionable Username or Alias.
you will not choose or utilize a username or other alias that, in the sole discretion of FamilyClick, could be viewed or perceived as objectionable to a reasonable person;
- Multiple User Login.
you will not attempt to, or cause others to attempt to, log in more than once at the same time on your Account without prior written permission from FamilyClick;
- Objectionable Content.
you will not upload, post, publish, transmit, reproduce or distribute in any way any unlawful, threatening, abusive, harmful, harassing, tortious, invasive of another's privacy, hateful, racially or ethnically derogatory libelous, defamatory, obscene, pornographic, profane, vulgar or otherwise objectionable information of any kind;
- Harmful or Damaging Content..
you will not upload, post, publish, transmit, reproduce or transmit in any way any material that contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Promotional Content.
you will not post or transmit any advertising, promotional materials or any other form of solicitation (FamilyClick reserves the right, in FamilyClick's sole discretion, to determine whether such post or transmission constitutes an advertisement, promotional material or any other form of solicitation);
- Infringing Content.
you will not upload, post, publish, transmit, reproduce or distribute in any way any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
- Unlawful Transmission of Content.
you will not upload, post, publish, transmit, reproduce or distribute in any way any content that you do not have the right to transmit under any law, rule, regulation or pursuant to any contractual or fiduciary relationships;
- Harm to Minors.
you will not harm minors in any way;
- Criminal Activity.
you will not use the Service to commit a crime, or to plan, encourage or help others to commit a crime;
- Solicitation.
you will not post or transmit requests for money, petitions for signature, chain letters or letters relating to pyramid or ponzi schemes;
- Commercial Use.
you will not use any portion of the Service for any commercial or for-profit activity, but only for your personal, nonpecuniary purposes;
- Compliance with Export Laws.
you will comply with all applicable laws regarding the transmission of technical data exported from the United States or the county in which you reside;
- Compliance with Other Laws.
you will not violate any applicable local, state, national or foreign law, including, without limitation, regulations promulgated by any local, state or foreign agency;
- Spam.
you will not post or transmit the same or a substantially similar unsolicited (i.e., posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message) electronic mail message, whether or not for commercial purposes, to more than one recipient and will not transmit an unsolicited electronic message or USENET newsgroup posting, to more than 50 recipients or more than 15 USENET newsgroups in a single day (for purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages);
- Off-Topic Postings.
you will not post to any newsgroup or mailing list or other similar groups or lists, items that are off-topic (e.g., off-topic according to the charter of the newsgroup or mailing list or other similar groups or lists or if the item provoked complaints from regular readers of the newsgroup or mailing list or other similar groups or lists for being off-topic);
- Harassment.
you will not "stalk" or otherwise harass another person;
- Personal Data.
you will not collect, store or distribute personal data about other users;
- Compliance with Rules of Other Interactive Services.
you will not violate the terms and conditions and operating rules of any other interactive service, including, without limitation, other newsgroups and mailing lists or other similar groups or lists and World Wide Web sites;
- Disruption of the Service.
you will not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
- Private Email.
you will not post or transmit any private email to any individual, newsgroup or mailing list or other similar groups or lists without the explicit approval of the sender;
- Impersonation.
you will not impersonate a FamilyClick official, forum leader, guide or host or another user or otherwise falsify any such person's name in email or in any post or transmission to any newsgroup or mailing list or other similar groups or lists or otherwise misrepresent your affiliation with a person or entity; and
- Disguising Origin.
you will not forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Service.
- Termination for Violation of Service Rules.
You are bound by the rules that FamilyClick imposes for proper use of the Service. Your failure to follow these rules, whether set out in this Agreement, or in bulletins posted at various points by FamilyClick at the Site, all of which are incorporated by this reference, will give FamilyClick the right to terminate immediately this Agreement and your Account.
- Payment for Violation of Service Rules.
For each violation by you of any of these rules, you will pay FamilyClick damages to compensate for the lost goodwill such a violation causes, but, where warranted, such as in the case of accidental transmission, FamilyClick may waive all or part of any applicable charge. Payment by you under this provision shall not prevent FamilyClick from seeking to obtain other legal remedies against you, including other damages or an injunction.
- Dispute Resolution.
If there is any dispute, disagreement, claim or other controversy (“Dispute”) that arises out of the use of the Service or the performance, interpretation or application of this Agreement, then the Dispute shall be resolved by an independent arbitrator affiliated with the American Arbitration Association and designated by FamilyClick (“Arbitrator”). The arbitration of the Dispute shall be conducted in accordance with the then-current arbitration rules of the American Arbitration Association. The decision and award of the Arbitrator shall be final and binding on the parties; provided, however, that the Arbitrator shall have no authority to award punitive damages or any other damages not measured by the prevailing party's actual damages, and shall not make any ruling, finding or award that does not conform to the terms of this Agreement. The arbitration shall be held in Virginia Beach, Virginia. The cost of any arbitration shall be shared equally by the parties, but the Arbitrator shall be authorized to enter, as part of the award to any party, an amount equal to such party's attorneys' fees and other costs related to the arbitration. The provisions of this Section shall not affect any party's right to terminate this Agreement in accordance with its terms. The decision of the Arbitrator may be enforced by the prevailing party, but only in the state or federal courts set forth in Section 16(c), and you and FamilyClick submit to the jurisdiction of such courts.
- Miscellaneous.
- Entire Agreement.
This Agreement constitutes the entire agreement between FamilyClick and you with respect to the Service.
- GOVERNING LAW.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF VIRGINIA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS.
- JURISDICTION.
SUBJECT TO THE ARBITRATION REQUIREMENT SET FORTH IN SECTION 15 OF THIS AGREEMENT, THE SOLE AND EXCLUSIVE JURISDICTIONS FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE COURT LOCATED IN VIRGINIA BEACH, VIRGINIA OR FEDERAL COURT LOCATED IN NORFOLK, VIRGINIA.
- LIMITATIONS PERIOD.
ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE SERVICE OR THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.
- Severability.
If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
- Assignment.
You may not assign this Agreement or your rights or obligations hereunder without the prior written consent of FamilyClick. FamilyClick may assign this Agreement and its rights and obligations hereunder in its sole discretion and without your consent.
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