Terms & Conditions

TERMS AND CONDITIONS

MongoCams

848 N Rainbow Blvd #3974


Effective Date: January 1st 2005

Last Modified: January 14th 2013

  1. PRELIMINARY PROVISIONS:
    1. Our websites are different from many other sites on the Internet as they contain communications provided by users and third parties that may be outside of our direct control.
    2. Through the use of these Terms and Conditions, we are placing legal conditions on your use of these websites (WWW.MONGOCAMS.COM, hereinafter the "Websites"), and making certain promises to you.
    3. Our first condition is that you must agree to all of the conditions in this set of Terms and Conditions of use (hereinafter "T&C's" or "Agreement"). You do not need to use our Websites, therefore if you do not wish to be bound by each and every provision in this Agreement, then you are not welcome to use these Websites and should leave and use another service.
    4. You may not unilaterally disregard any portion of this Agreement. However, if there is a particular portion of this Agreement that you wish to avoid, you may contact us to negotiate a separate agreement BEFORE you use the Websites. We do not guarantee that such negotiations will be successful. Nevertheless, if you wish to discuss your own personalized Agreement, please contact us or have your attorney do so.
    5. If you do not understand all of the terms in this Agreement, then you should consult with a lawyer before using the Websites.
    6. These Websites are for adults only. If you are under the age of eighteen (18), sorry, you are not to use these Websites at all.
    7. Party Definitions
      1. "Us," the service provider - MongoCams is the service provider of WWW.MONGOCAMS.COM. It should be obvious, but for the sake of legal clarity, when this Agreement uses first-person pronouns such as "us," "we," "our," "ours," etc., those first-person pronouns are referring to MongoCams as the service provider for WWW.MONGOCAMS.COM.
      2. "You," the User - As a User of these Websites, this Agreement will refer to the User as "You" or through any second-person pronouns, such as "Yours," etc. Hereinafter, the User of the Websites shall be referred to in applicable second-person pronouns.
      3. When the term "Websites" is used in this set of T&C's, it means WWW.MONGOCAMS.COM, unless the Agreement specifically says otherwise.
    8. Consideration - Consideration for Your acquiescence to all of the provisions in this Agreement has been provided to You in the form of allowing You to use Our Websites and Our Services. You agree that such Consideration is both adequate, and that it is received upon Your viewing or downloading any portion of Our Websites.
    9. Revisions to this Agreement
      1. From time to time, We may revise this Agreement. We reserve the right to do so, and You specifically agree that We have this unilateral right. You agree that all modifications or changes to this Agreement are in force immediately upon posting. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect.
      2. If We change anything in this Agreement, We will change the "last modified date" at the top of this Agreement. You agree to re-visit this web page on a weekly basis, and to use the "refresh" button on Your browser when doing so. Upon each visit, You agree to note the date of the last revision to this Agreement. If the "last modified" date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the "last modified" date has changed, then You can be certain that something in the Agreement has been changed, and you agree that you will re-review the Agreement in its entirety and that You will agree to its terms or immediately cease use of any Websites in the Network.
      3. Waiver - if You fail to re-review this Agreement as required to determine if any of the terms have changed, You assume all responsibility for such omissions and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.
  2. ACCEPTANCE AND AFFIRMATION
    1. You must agree to all of the terms in this Agreement before using the Websites or Our services.
    2. How You can and will demonstrate Your affirmative acceptance of all of the terms in this Agreement:
      1. If You click any link, button, or other device, provided to You in any part of Our Websites' interface, then you have legally agreed to all of these T&C's; or
      2. By using any of Our services in any manner, You understand and agree that We will consider any use of Our Websites as Your affirmation of Your complete and unconditional acceptance to all of the terms in this Agreement.
  3. ACCESS FEES AND USER STATUS
    1. Access and limited license - All Users may access certain public areas of the Site. You understand that all We are selling You is access to Our services as We provide them from time to time. You need to provide Your own access to the internet, and any fees that You incur to access our Site are Your sole responsibility. We are not providing any hardware nor software to You - and You need to purchase or license the necessary hardware and software to access the Site. This User Agreement covers all public and non-public areas of the Site.
    2. Subject to all of the User Agreement and recognizing that and Our Services, the Publisher grants You a limited, nonexclusive, nontransferable, revocable, personal license to access and use the Site and the Materials contained therein. Publisher provides the Materials on this Site for the personal, non-commercial use by viewers, fans, visitors, subscribers and/or potential subscribers of said Site. Users of this Site are granted a single copy license to view Materials (on a single computer only).
    3. All Materials on the Site shall be for private non-commercial use only, and all other uses are strictly prohibited. Publisher reserves the right to limit the amount of materials viewed. You agree to prevent any unauthorized copying of the Site, or any of the Materials contained therein. Any unauthorized use of the Site or any of the Materials contained therein terminates this limited license effective immediately. This is a license to use and access the Site for its intended purpose and is not a transfer of title. You will not copy or redistribute any of the content appearing on this Site. Publisher reserves the right to terminate this license at any time if You breach or violate any provision of this Agreement, in which case You will be obligated to immediately destroy any information or materials You have downloaded, printed or otherwise copied from this Site. Violators of this limited license may be prosecuted to the fullest extent under the applicable law.
    4. Fees for Members and Types of Memberships - Our Members are provided our services by paying a monthly fee. Members are not billed per use, for as long as they remain in good standing. The following rates are for ease of reference. A more current list of our rates and charges appears on the Site here (must be logged in as a user).
      1. Free Membership - Those who sign up for a Free Membership, are not charged a fee, but have limited membership privileges, yet are required to adhere to all membership responsibilities.
      2. Per Minute Membership - Members may purchase minutes that they can use on our site to interact with with live models, video archives, messaging, etc.
      3. VIP Membership - You understand that if You enroll for a VIP membership, we employ an automatic rebill procedure in order to provide continuity of service. Paid Membership will allocate your minutes on a monthly basis.
      4. Credit Packages - On initial credit purchase you have the following options to choose from:

        • Platinum Membership $39.95 / 45 Credits (recurs every 30 days until cancelled)
        • Gold Membership $29.95 / 30 Credits (recurs every 30 days until cancelled)
        • Silver Membership $24.95 / 25 Credits (recurs every 30 days until cancelled)
        • Basic Membership $29.95 / 30 Credits (non-recurring)
        Non-credit Purchase:
        • Show Ticket $8.95 / Good for one viewing
        After initial credit purchase:

        If you purchased the "Basic Purchase" on initial sale you will be presented with the same buy options again when you go to the "Buy Credits" page. However you have the option within the free chat and in a private room to purchase additional credits in increments of $20, $40, and $60 increments.

        If you purchased a "Membership" package on initial sale you will be presented with 3 new non-recurring purchase options when you return to the "Buy Credits" page which are:
        • $59.95 / 63 Credits
        • $29.95 / 30 Credits
        • $19.95 / 20 Credits
        Regardless of what initial purchase you chose you always have the option to purchase quickly in free chat or a private room in increments of $20, $40, and $60.

      5. Credits Applied to Account - Once a purchase has been made credits are applied to the account instantly after purchase. If you do not receive your credits after a purchase please contact customer support so your purchase issue can be resolved.
    5. We have the right to terminate Your Membership at any time, and will do if so we discover that you have provided us with any information that is not current, truthful, and complete.
    6. You may participate in both our Per Minute Membership and VIP Membership concurrently and will be charged accordingly.
    7. You may never sell, transfer or sell your membership to a third party. Membership is a single-user license. You are not authorized to share any of Our Materials with any person who does not have their own membership. If you do so, both You and the unauthorized viewer/User are jointly and severally liable for any damages or liquidated damages or other fees that will be due if there is no Membership in place for the unauthorized User.
    8. You acknowledge that We may automatically generate invitations to complete membership applications for our other partner or affiliated sites when you join the Site. However, you will not be charged for other memberships unless you affirmatively choose to complete the membership application and register for another website.
    9. Membership fees are non-refundable, and You are responsible for any credit card charge backs, dishonored checks, and any related fees that We incur with respect to your account. If Your membership is terminated, no portion of membership fees already paid will be returned. If You fail to reimburse Us for any credit card chargebacks, dishonored checks, or related fees within 30 days of our initial demand for reimbursement, You agree that You will pay Us $100 in additional liquidated damages for each fee incurred.
    10. All credits purchased are valid and usable for the lifetime of the account.
  4. SPECIAL CONSIDERATIONS REGARDING MINORS
    1. Age of Majority. In order to use the Websites or any services provided by Us, You must have attained the age of majority in your jurisdiction. You represent and warrant that You are at least eighteen (18) or twenty-one (21) years of age, depending on the age of majority in Your jurisdiction, and that You have the legal capacity to enter into this Agreement.
      1. We specifically disclaim any responsibility or liability for any misrepresentations regarding a User's age.
      2. You represent and warrant that You will not allow any minor access to these Websites. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help users to limit minors' access to harmful material. You acknowledge that if Your computer can be accessed by a minor, that You will take all precautions to keep Our Materials from being viewed by minors. You additionally acknowledge that if You are a parent, it is Your responsibility, and not Ours, to keep Our erotic content from being displayed to Your children or wards.
    2. WE HAVE A ZERO TOLERANCE POLICY FOR CHILD PORNOGRAPHY AND A ZERO TOLERANCE POLICY REGARDING PEDOPHILES, PEDERASTS OR ANY PEDOPHILIC, PEDERASTIC, OR SIMILAR RELATED ACTIVITY.
      1. All of Our webcam performances are provided by persons over the age of eighteen (18). We take great measures to ensure that no underage models appear on Our Websites.
      2. If You seek any form of child pornography (including so-called "virtual" child pornography), You must exit these Websites immediately. We do not provide this kind of material and We do not tolerate those who provide this kind of material nor do we tolerate consumers of this kind of material.
      3. In order to further Our zero-tolerance policy You, even as a User, agree to report any images that appear to depict minors on Our Websites. If You see any other depictions that are questionable, You agree to report these images by emailing us at abuse@pointtrans.com .
      4. Include with Your report any appropriate evidence, including the date and time of identification. All reports will immediately be investigated and the appropriate action will be taken.
      5. 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 http://www.asacp.org.
  5. IMAGES AND CONTENT
    1. Our Websites provide live and pre-recorded webcam video content, as well as text, images, graphics, data, messages, and other information (collectively, "Materials").
    2. You acknowledge and stipulate that all of the Materials are expressive content that is fully protected by the First Amendment to the United States Constitution.
    3. You acknowledge and understand that some of the Materials may contain graphic visual depictions of sexual activity and nudity, graphic audio portions of the same kind of content, and descriptions of sexually oriented and sexually explicit activities. You acknowledge that You are aware of the nature of the Materials provided by Our Websites and that You are not offended by such Materials, and to the contrary, that You are accessing these Websites specifically because You enjoy such expressive content and You wish to view such Materials. You stipulate that you access these Websites freely, voluntarily, and willingly, and for Your own personal enjoyment.
    4. You agree not to use or access the Websites if doing so would violate the laws of Your state, province, or country.
    5. In the event that any court finds that any third party communication or third party content on Our Websites falls outside of the realm of Section 230 of the Communications Decency Act ("CDA"), this shall not be deemed to be a waiver of any legal protections provided by CDA � 230 for any and all other content posted on Our Websites.
  6. RESTRICTIONS ON USE OF WEBSITE
    1. You agree that You will only use the Websites for purposes expressly permitted and contemplated by this Agreement. You may not use the Websites for any other purposes without Our express prior written consent.
    2. Without Our express prior written authorization, You may not:
      1. Duplicate any part of the Webites or the materials contained therein (except as expressly provided elsewhere in this Agreement);
      2. Redistribute or create any derivative works based on the Websites or any of the materials contained therein. You agree that any such use is NOT "fair use";
      3. Use the Websites or any of the Materials contained therein for any public display, public performance, sale or rental, and You hereby agree and stipulate that any and all such uses are NOT "fair use";
      4. Remove any copyright or other proprietary notices from the Websites or any of the Materials contained therein;
      5. Circumvent any encryption or other security tools used anywhere on the Websites (including the theft of user names and passwords or using another person's user name and password in order to gain access to a restricted area of the Websites);
      6. Use our Materials in any kind of public performance or display Our Materials to an audience outside of Your home.
      7. Use any technology to record any content broadcast on Our Websites.
    3. You agree to all of the terms of Our Acceptable Use Policy, as outlined below:
      1. ACCEPTABLE USE POLICY: You agree and understand that Our Website permits You to use Our services in order to post content and to communicate with other Users. You agree that You will not use Our services to post or distribute content that falls into the following categories:
        1. Unlawful, harmful, threatening, abusive, harassing, defamatory, invasive of another's privacy or right to publicity, or harmful to minors in any way, shape, or form;
        2. That might be considered to be impersonating another person or legal entity;
        3. Any posts with personally identifying information about another person without that person's prior explicit consent;
        4. That constitutes SPAM or bulk posting of commercial advertisements for commercial interests;
        5. That infringes upon any trademark, copyright, or other intellectual property rights of any party;
        6. You also agree to immediately cease and desist from any contact with any person who so requests such cessation;
        7. You agree that You will not use Our services to "stalk" or otherwise harass any other person;
        8. You agree that You will not use Our services in order to collect any personal data about other users;
        9. You agree that You will not use Our services in order to conduct any illegal activities at all;
        10. You agree that You will not use Our services in order to view, transmit, traffic in, or in any other way interact with, provide to any other person, or receive child pornography in any way;
        11. You agree that You will not use Our services in order to view, transmit, traffic in, or in any other way interact with, provide to any other person, or receive obscene materials in any way;
        12. You agree that You will not use Our services in order to view, transmit, traffic in, or in any other way interact with, provide to any other person, or receive drugs or other illegal substances in any way;
        13. Any violation of Our Acceptable Use Policies as provided for in this Agreement shall subject You to liquidated damages of $5,000.00 for each and every violation. In Our sole discretion, We may choose to provide You with a warning before assessing damages. Additionally, We may, in Our sole discretion, assign any such damage claim to a third party who has been wronged by Your conduct.
        14. These liquidated damages are not a penalty, and they are an attempt by the parties to reasonably ascertain the amount of actual damage that could occur from such violations. Both parties hereby agree that this is a minimum, and actual damages may be more.
  7. DISCLAIMER AND INDEMNIFICATION
    1. If We determine that You or any User has used Our services in violation of any law, Your ability to use the Websites may be terminated immediately and We have every right to voluntarily cooperate with law enforcement or private aggrieved parties that we may be legally compelled to do so. We hereby disclaim any liability for damages that may arise from any User providing any services for any purpose that violates any law. You do hereby agree to defend, indemnify and hold Us harmless from any liability that may arise for Us should You violate any law.
    2. You also agree to defend and indemnify Us should any third party be harmed by Your actions or should We be obligated to defend any claims including, without limitation, any criminal or civil action brought by any party.
    3. Our Websites contain material that may be offensive to third parties. You agree to indemnify and hold Us harmless from any liability that may arise from someone viewing such material and You agree to cease review of the Websites should You find them offensive.
    4. You agree to defend, indemnify, and hold harmless MongoCams, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, 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 governmental agencies), use, misuse, or inability to use the Websites or any of the Materials contained therein, or Your breach of any part of this Agreement. We 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. We reserve the right to participate in the defense of such claim or defense at Our own expense, and choose Our own legal counsel; however, We are not obligated to do so.
    5. Pursuant to the Communications Decency Act ("CDA"), 47 U.S.C. � 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that We operate, through the Websites, as an interactive computer service provider. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication of third-party content (including third-party User content), appearing on the Websites. We do not create such content, and We are not responsible for the publication or remarks of third-parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows Us to remove any content found to be offensive, defamatory, obscene or otherwise violative of Our policies, without impacting Our status as a computer service provider. Nothing contained in this paragraph is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act.
    6. You acknowledge and agree that all webcam video communications and transmissions conducted through a member account during premium services is recorded and archived for use in combating fraud or for use as evidence in any civil or criminal proceeding in which is may be relevant. You specifically waive and release Us from any claims arising out of such recordation, archiving and subsequent use as outlined above. While we are committed to protecting your privacy, We reserve the right to cooperate in any claim or legal proceeding by releasing archived video footage of member webcam sessions consistent with state and federal law.
  8. INTELLECTUAL PROPERTY INFORMATION
    1. MongoCams and the aforementioned name of the Websites are Our service mark(s) and/or trademark(s).
    2. Other companies' 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, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
    3. COPYRIGHT - These Websites belongs to Us, and we either own or have rights to display all of the materials thereupon. You may not use any of Our materials without Our express written consent.
  9. LIMITATION OF LIABILITY
    1. In no event shall We (or Our 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, loss of information, business interruption, revenue, or goodwill, which may arise from any person's use, misuse, or inability to use the Websites or any of the Materials contained therein, even if We have 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 We have been advised of the possibility of such damages.
    2. In no event shall Our maximum total aggregate liability hereunder for direct damages exceed the total fees actually paid by You for use of a Website 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.
  10. DEFAMATION OR INVASIVE MATERIAL POLICY:
    1. We provide an interactive computer service, and thus we have no liability for user-posted content due to Section 230 of the CDA. Nevertheless, we recognize that despite this protection, there may occasionally be content posted by Our Users that is unappreciated by the subject of the User-posted content. It is not Our intention to cause anguish to any person nor harm to any entity, nor to allow through inaction such harm to occur. Accordingly, it is Our policy to respond respectfully to any complaints about User posted content, or about content that We might have provided.
    2. If you feel damaged by any User-posted content, or content provided by Us, We agree to take reasonable measures to comply with any reasonable requests. Even if You are a public official, public figure, or libel-proof person, We do care about Your feelings and reputation. Therefore, We have instituted this Policy.
    3. You agree that if You have any complaint about any content on Our Websites, including (but not limited to) a complaint or claim of defamation (libel or slander), invasion of privacy, false light, trademark infringement, right of publicity claims, or any related or similar tort, that You will provide notice to Us by mail or fax to:

    4. For US Customers
      MongoCams
      c/o Weston, Garrou, Walters & Mooney
      781 Douglas Avenue
      Almonte Springs, FL 32714
      Fax: (407) 774-6151

    5. You agree that We shall have ten (10) business days after RECEIPT of said notice to evaluate Your concerns.
    6. After evaluating Your concerns, We will either inform You that We do not believe Your concern is valid, or We will request Your preference regarding an opportunity to cure Your concerns. This cure may include one of the following:
      1. We may offer to delete the offending material.
      2. We may offer to modify the offending material.
      3. We may offer You the opportunity to publish a rebuttal to the offending material.
      4. We will engage You and seek any other alternative resolution that will mitigate Your damaged legal interests - whether or not We are legally required to do so.
      5. We may provide You with some or all identifying information We may have about the actual culprit (if the content was User-posted), but We are under no obligation to do so, and expressly reserve the right not to.
    7. You acknowledge and agree that upon transmission of Your complaint to us, You will be considered to have engaged in settlement discussions with Us, and neither party will initiate formal legal action while non-adversarial resolution is in progress. You agree that You will not file suit unless and until We issue a statement to You that We have taken Our final action, and that no further action will be taken without adversarial proceedings. At that point, You may proceed with arbitration as provided for under this Agreement.
    8. You acknowledge that once You accept any of Our offers of non adversarial resolution, that You irrevocably waive any and all possible claims for any allegedly offending material Our Websites and that if You do bring any action against Us that You hereby stipulate that You will bear Your own costs and fees incurred in the action, regardless of the outcome of that action, and that You stipulate that Your damages will be limited to $1, and no more, and that You hereby acknowledge that such amount of $1 is sufficient and adequate.
    9. You understand that no part of this Agreement obligates Us to go beyond that required by law, and this Agreement is in place for Your convenience. If We believe that Your requests are unreasonable, We reserve every right to terminate discussions with or file suit against You to recover any legal fees incurred due to harassing or unreasonable requests.
  11. GENERAL PROVISIONS
    1. Governing Law. This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed by the laws of the California, excluding its conflict of law provisions. The sum of this paragraph is that any and all disputes must be, without exception, brought to court and litigated in California.
      1. All parties to this Agreement agree that all actions or proceedings arising in connection with this Agreement or any services or business interactions between the parties that may be subject to this Agreement shall be tried and/or litigated exclusively in the state and federal courts located in California.
      2. The parties agree to exclusive jurisdiction in, and only in, California.
      3. The parties agree to exclusive venue in, and only in, California.
      4. The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, this Agreement in a jurisdiction other than that specified in this paragraph.
      5. All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under this Agreement whatsoever.
      6. All parties stipulate that the state and federal courts located in California shall have personal jurisdiction over them for the purpose of litigating any dispute, controversy, or proceeding arising out of (or related to) this Agreement and/or the relationship between the parties contemplated thereby.
      7. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it, as contemplated by this paragraph by registered or certified mail, Federal Express, proof of delivery or return receipt requested, to the parties address for the giving of notices as set forth in this Agreement.
      8. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law if such enforcement becomes necessary.
    2. Binding Arbitration. If there is a dispute between the parties arising out of or otherwise relating to this Agreement, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable worker's compensation law, unemployment insurance claims, actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be conducted in California, and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of this Agreement; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
    3. The Arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of this Agreement; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
    4. No Waiver of Right to Arbitration. There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving party to the other party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.
    5. The First Amendment Applies to Arbitration Proceedings. Any arbitration tribunal shall consider the First Amendment to the United States Constitution to be in force and effect between the parties. Both parties stipulate to the applicability of the First Amendment's protection of free speech, expression, and association, and both parties stipulate that case law interpreting the First Amendment shall be admissible and considered to be binding authority upon the Arbitrator.
    6. 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.
    7. Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.
    8. Attorneys' Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce any of the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorneys' fees and costs incurred in connection therewith, including attorneys' fees incurred on appeal.
    9. Complaints - California Residents: The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
    10. No Waiver. No waiver or action made by Us shall be deemed a waiver of any subsequent default of the same provision of this Agreement. 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 this Agreement.
    11. Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
    12. Complete Agreement. This Agreement constitutes the entire Agreement between the parties with respect to Your access and use of the Websites and the Materials contained therein, and Your Membership with the Websites, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.
    13. Other Jurisdictions. We make no representation that the Websites or any of the 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 Websites from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws.

This document was prepared by Lawrence G. Walters, Esq., of www.FirstAmendment.com.

Nothing more follows.