TERMS AND CONDITIONS

The following Terms and Conditions govern your use and access to Amy Anderssen (“Owner”) and her website AmyAnderssen.XXX (referred to herein as "Site").

 

IMPORTANT! These Terms and Conditions also govern your membership to the Site if you become a member. By accessing, using, printing, installing, or downloading any material from the Site, or becoming a member to the Site, you agree to be bound by these Terms and Conditions. These Terms and Conditions are subject to change by the Site at any time in its discretion. Your use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. If you do not agree to be bound by these Terms and Conditions, you may not enter the Site, you must exit the Site immediately and you may not use or access the Site or print or download any materials from it. You may use and access the Site only in accordance with these Terms and Conditions. Please consult these Terms and Conditions regularly and read them carefully before using the Site. You affirm that you have read this Agreement and understand, agree and consent to its Terms and Conditions.

 

You are solely responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Site.

 

I. Adult Entertainment

 

The Site offer online entertainment services that may be deemed adult in nature and which may contain graphic depictions, nudity, adult language, and descriptions of explicit sexual activity. You acknowledge that you are aware of the nature of the content provided by this Site, that you are not offended by such content and that you access the Site freely, voluntarily and willingly.

 

II. Age of Majority

 

You represent and warrant you are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher (the "Age of Majority"), and that you have the legal capacity to enter into this agreement. If you have not attained the Age of Majority, you must exit the Site immediately and may not use or access all or any part of the Site for any reason nor may you print or download any materials or purchase any materials (as defined below) from the Site.

 

III. No Child Pornography

 

You understand that all models appearing on the Site are, and were at the time of all recorded images, at least 18 years of age, and that the Site contain no child pornography. We take a strong and definite stand against child pornography and only publish images of consenting adults for consenting adults. If you believe that you see any images, real or simulated, depicting minors engaged in sexual activity within the Site, please report to help@aprosupport.com. Include with your report any appropriate evidence, including the date and time. All reports will immediately be investigated and the appropriate action will be taken. We enthusiastically cooperate with any law-enforcement agency investigating child pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to www.asacp.org.

 

IV. Protected Speech

 

You further acknowledge that the Site contain only images protected by the First Amendment to the United States Constitution. If you are seeking obscenity or child pornography, please leave this Site immediately.

 

V. Trademark Information

 

The name of the Site is the trademark of Amy Anderssen (collectively, the "AA Marks"). All rights are reserved. Other manufacturers' product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners. The AA Marks may not be used except with express written permission from Amy Anderssen, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Amy Anderssen.

 

VI. Copyright

 

The material and content accessible on the Site, and any other World Wide Web site owned, operated, licensed, and/or controlled by Owner (collectively, "AA Materials") are the proprietary information and valuable intellectual property of Owner or the party that provided the AA Materials to Owner (collectively, the "AA Materials Owner"), and the AA Materials Owner retains all right, title, and interest in the AA Materials. Accordingly, the AA Materials may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Owner, except that you may print out a copy of the AA Materials solely for your personal use. You may not for any reason, at any time remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the AA Materials. Modification or use of all or any portion of the AA Materials except as expressly provided in these Terms and Conditions violates Owner's intellectual property rights and may result in legal action against you for damages, including, without limitation, statutory damages. Neither title nor intellectual property rights are transferred to you by virtue of your access to the Site. All content included on the Site, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of Owner or its content suppliers and is protected by United States and international copyright laws. The compilation of content on each Site is the exclusive property of Owner or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations.

 

VII. Access to Site, License to View Materials

 

To access the Site or some of the resources they have to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all information you provide will be correct, current, and complete. If Owner believes the information you provide is not correct, current, or complete, Owner has the right to refuse you access to the Site and/or any of its resources, and to terminate or suspend your access at any time. Subject to these Terms and Conditions and in consideration of your becoming a member to a Site, Owner hereby grants you a limited, nonexclusive, nontransferable personal license to access the Site and the AA Materials contained therein. Subject to Section IX (F), provided that you are a member in good standing to a Site, you may cache the AA Materials onto a single computer for your personal, non-commercial internal use only. All AA Materials on the Site shall be for private use only, and all other uses are strictly prohibited. You agree to prevent unauthorized access to the Site and copying of the Site, and/or any of the AA Materials contained therein. If the membership only portion of any Site is accessed by anyone other than an accountholder, Owner may terminate your membership to the Site. Any unauthorized use of a Site and/or any of the AA Materials terminates this limited license effective immediately. This license granted herein is specific to you and such license is in no way a transfer of title. Violators of this limited license may be prosecuted to the fullest extent under law.

 

VIII. Restrictions on Use of the Site

 

You may only use the Site for purposes expressly permitted by the Site. You may not use the Site for any other purpose, including, without limitation, any commercial purpose or on any third party website, without Owner's express prior written consent. Without the express prior written authorization of Owner, you may not: (a) duplicate a Site or any of the AA Materials contained therein (except as expressly provided above in Section VII); (b) create derivative works based on a Site or any of the AA Materials contained therein; (c) use the Site or any of the AA Materials contained therein for any commercial purpose, or for any public display, public performance, sale or rental or other form of distribution whether for a fee or otherwise; (d) distribute or otherwise share the Site or any of the AA Materials contained therein; (e) remove any copyright or other proprietary notices from the Site or any of the AA Materials contained therein; (f) frame or utilize any framing techniques in connection with the Site or any of the AA Materials contained therein; (g) use any meta-tags or any other "hidden text" using Owner's name or marks; (h) "deep-link" to any page of the Site (including the homepage); (i) circumvent any encryption or other security tools used anywhere on the Site (including the theft of user names and passwords or using another person's user name and password in order to gain access to any restricted area of any of the Site); (j) use any data mining, robots or similar data gathering and extraction tools on any or all of the Site; (k) decompile, reverse engineer, modify or disassemble any of the software aspect of the Site or AA Materials except and only to the extent required by applicable law; (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the AA Materials or any of your rights to access and use the AA Materials as granted in Section VII above; or (m) bookmark any page of any Site beyond the membership log-in screen. You agree to cooperate with Owner in causing any unauthorized use to cease immediately. At any time, if the Site provides a service enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate or submit any defamatory, offensive or illegal material while using the Site or other services included on the Site. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and the Site shall terminate all your rights under this Agreement. If users are allowed to share information and communicate with other users, you agree that all materials you submit will be accessible to other users and will not be secure or private. You hereby agree that you have been noticed that all communications submitted to the Site can be accessed by agents, operators, and other users, regardless if they are the intended recipients of the messages.

 

IX. Membership

 

A. Registration

 

You are responsible for providing all equipment and the computer necessary to access the Site. You may access the non-public portion of any Site only by being a member in good standing to that Site. You may become a member of a Site by completing an online registration form. Upon submission of the online registration form, Owner or its authorized agent will process the application. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. You must promptly inform Owner of all changes, including, but not limited to, changes in your address and changes in your credit card used in connection with billing for the Site. If you provide any information that is untrue, inaccurate, not current or incomplete, or Owner or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Owner has the right to suspend or terminate your account and refuse any and all current or future use of the Site.

 

B. Member Account, Password and Security

 

As part of the registration process, you will select a unique user name and password which you must provide in order to gain access to the non-public portion of a Site. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to any Site to anyone who is below the age of majority in your state. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. Owner will not release your password for security reasons. You agree to (a) immediately notify Owner of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Site under your account until you notify Owner by email regarding such unauthorized use. Unauthorized access to the Site is illegal and a breach of this Agreement. You may obtain access to your billing records regarding charges of your use of the Site upon request as required by law. You may be first required to provide information sufficient to confirm the applicable account belongs to you.

 

C. Fees

 

You agree to pay all membership fees when due according to the billing terms. Owner posts the current membership fees for each Site as part of the registration process. Owner reserves the right to change any Site's membership fees at any time, with or without prior notice to you. At the time of registration, you must select a payment method. Owner reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your account will be deemed past due if it is not paid in full by the payment due date. If your account becomes past due, you agree to pay interest on the past due amount at a monthly rate of 1.5%, or the highest amount allowed by law, whichever is lower, compounded daily, plus any additional collection costs, credits, charge backs and attorney's fees. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You are responsible for reimbursing Owner for all credit card charge backs, dishonored checks and any related charges. You authorize Owner and its agents to make payments for the services provided to you through the Site by automatic check debit and credit card on your behalf. You hereby agree not to falsely report the credit card or check card lost or stolen, without good reason that it is lost or stolen, that you have used for payment of Owner's goods or services, including subscriptions. Such fraudulent reporting to avoid payment for goods or services that you or anyone under your authority has made to Owner or the Site when you have an outstanding charge to Owner shall make you liable to Owner for $25,000 in liquidated damages. This liability for liquidated damages is in addition to any other liability you may incur for breaches of any other Terms and Conditions in this Agreement.

 

D. Billing Errors

 

If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer.

 

E. Refund Policy

 

Owner does not provide cash refunds. We do, however, grant credits in the form of free monthly memberships to resolve customer service issues. The billing system used by Owner or our authorized agents provides extensive credit card fraud protection measures and our Site include many features to protect users from accidental charges. Therefore, refunds to your credit card will be provided only under the rarest of circumstances such as persistent technical problems originating with our equipment.

 

F. Download Limit

 

We reserve the right to restrict the amount of AA Materials which may be downloaded by your account at any time.

 

X. Termination

 

You may cancel your membership at any time through the third party who is processing your fees. Links to these third party processors are located in the customer service area within the non-public portion of the website. Otherwise you may cancel your membership by providing: (a) our customer service department with a notice of your intent to cancel the membership at least 48 hours before the renewal date along with your user name and password; and (b) any outstanding fees owed for your membership. You hereby agree to be personally liable for any and all charges made by you for goods or services through your use of the Site. This Agreement's provisions shall survive its termination, unless otherwise stated. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of the Site to which you were a member.

 

Owner may terminate your access to a Site at any time, with or without advance notice, if: (a) Owner believes that you have breached any material term of these Terms and Conditions, (b) if you fail to pay any amount due by the payment due date; or (c) Owner decides to cease operations or to otherwise discontinue any of the Site. Further, you agree that neither Owner nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to the Site. You agree that if your account is terminated by Owner, you will not attempt to re-register as a member without prior written consent from Owner.

 

XI. Disclaimer of Warranty

 

YOU EXPRESSLY AGREE THAT USE OF THE SITE OR ANY OF THE AA MATERIALS CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITE AND ALL AA MATERIALS CONTAINED THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. OWNER MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ANY AA MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES OWNER MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF THE AA MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR ANY OF THE AA MATERIALS CONTAINED THEREIN IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND THAT OWNER CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. OWNER DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. OWNER MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

XII. Limitation of Liability

 

IN NO EVENT SHALL OWNER (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSON'S USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY OF THE AA MATERIALS CONTAINED THEREIN, EVEN IF OWNER HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OWNER'S MAXIMUM TOTAL AGGREGATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF THE SITE FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

XIII. Indemnity

 

You agree to defend, indemnify, and hold harmless Owner, its officers, directors, shareholders, employees, independent contractors and agents, from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person's authority including without limitation to use, misuse, or inability to use the Site or any of the AA Materials contained therein, or your breach of any of these Terms and Conditions. Owner shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. Owner may participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but is not obligated to do so.

 

XIV. Links

 

Some web sites which are linked to the Site are owned and operated by third parties. Because Owner has no control over such sites and resources, you acknowledge and agree that Owner is not responsible for the availability of such external sites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Owner shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such site or resource. If you decide to access any such third party sites, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.

 

XV. Notice of Claimed Infringement

 

Owner respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Owner's Copyright Agent the following information:

(a)    an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b)   description of the copyrighted work or other intellectual property that you claim has been infringed;

(c)    a description of where the material that you claim is infringing is located on a Site;

(d)   your address, telephone number, and email address;

(e)   a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f)     a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

 

You may send your Notice of Claimed Infringement to:

 

Lawrence G. Walters 195 W. Pine Ave. Longwood, FL 32750 Fax:407.774.6151 Notice[at]DMCANotice[dot]com

 

Please do not sent other inquires or information to our Designated Agent.

 

XVI. Notice and Takedown Procedures

 

Owner reserves the right at any time to implement a "notice and takedown" procedure upon receipt of any notification of claimed infringement. Owner reserves the right at any time to disable access to, or remove any material or activity accessible on or from any Site or any AA Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.

 

XVII. Export Control

 

With respect to purchases being made through United States based payment processors, You understand and acknowledge that the software elements of the AA Materials on the Site may be subject to regulation by agencies of the U.S. Government, including the U.S. Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. Diversion of such AA Materials contrary to U.S. law is prohibited. You will not assist or participate in any such diversion or other violation of applicable U.S. laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable U.S. laws and regulations and that you will abide by such laws and regulations. You agree that none of the AA Materials is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.

 

XVIII. Force Majeure

 

Owner shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software for so long as such event continues to delay Owner's performance.

 

XVIII. General Provisions

 

A. Governing Law

 

With respect to purchasers located in the United States, who have United States citizenship or other legal status in the United States and/or users whose purchases are made through United States payment processors (“US Users”) these Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the State of Florida, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the state and federal courts of the State of Florida. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located in Miami-Dade County, Florida. With respect to all users who are not US Users, these Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the Czech Republic. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the courts in the Czech Republic. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the courts located in the Czech Republic.

 

B. Rights to Injunctive Relief

 

Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party's breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.

 

C. Arbitration

 

All Disputes (including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration) must be submitted to arbitration before and in accordance with the arbitration rules of the American Arbitration Association in accordance with its commercial arbitration rules. The term “Dispute” means any controversy or claim arising out of or relating to the Site or the Services or this Agreement, or any breach thereof, including any claim that this Agreement, or any part of this Agreement is invalid, illegal or otherwise voidable or void.

 

The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law. With respect to US Users, notwithstanding any provision of this Agreement relating to under which state’s laws this Agreement is to be governed by and construed under, all issues relating to arbitrability or the enforcement of the Agreement to arbitrate contained herein are to be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and the federal common law of arbitration.

 

With respect to all users, Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You and Owner hereby waive to the fullest extent permitted by law, any right to or claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it.

 

This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear.

 

With respect to US Users, arbitration shall take place in the Miami-Dade County, Florida, exclusively. With respect to all other users, arbitration shall take place in the Czech Republic, exclusively. With respect to all users, You and Owner hereby agree that no action (whether for arbitration, damages, injunctive, equitable or other relief, including rescission) will be maintained by any party to enforce any liability or obligation of the other party, whether arising from this Agreement or otherwise, or any other Dispute, unless brought before the expiration of the earlier of one year from the occurrence of the facts giving rise to such claims or within 90 days from either the actual discovery of the facts giving rise to such claims or from the date on which the party should have, in the exercise of reasonable diligence, discovered such facts.

 

The obligation to arbitrate is not binding upon Owner with respect to claims relating to its trademarks, service marks, patents, copyrights, or other intellectual- property rights, or requests for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties.

 

The prevailing party will be entitled to receive from the non-prevailing party its costs relating to the arbitration proceeding including but not limited to, the arbitrator's fees, attorneys' fees and costs, witness fees, transcription fees, etc. and sales and use taxes thereon, if any.

 

You and Owner each acknowledges and agrees that it is the intent of the parties that arbitration and litigation between the parties will be of the parties' individual claims, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.

 

D. Assignment

 

The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.

 

E. Severability

 

If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.

 

F. Attorney's Fees

 

In the event of any litigation arising out of this agreement, the prevailing party shall be entitled to attorney's fees, including attorney's fees incurred on appeal.

 

G. No Waiver

 

No waiver of Owner shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.

 

H. Headings

 

All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions.

 

I. Complete Agreement

 

These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of the Site and the AA Materials contained therein, and your membership with the Site, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (except, to the extent applicable, any Download Agreement or similar contract governing the parties' rights and responsibilities in connection with any specific AA Materials downloadable from a Site). No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.

 

J. Modifications

 

Owner reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit a Site. In the event of a change to these Terms that substantially limits your rights hereunder, Owner will provide you with written notice prior to such changes taking effect. Your continued use of a Site following Owner's posting of any changes to these Terms and Conditions constitutes your acceptance to such changes. Unless accepted by Owner in writing, these Terms and Conditions may not be amended by you.

 

K. Government Rights

 

The software elements of the AA Materials have been developed at private expense and are "commercial computer software" or "restricted computer software" within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to: (1) grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense, or (2) restrict any government rights in any extensions or custom solutions provided hereunder and developed at government expense.

 

L. Other Jurisdictions

 

Owner makes no representation that the Site or any of the AA Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Site from such locations do so on their own initiative and are solely responsible for compliance with all applicable local laws.