By signing up for and/or otherwise accessing any of the products or services that offered by Kraft Creative Services, LLC, you agree to be bound by the terms of this agreement. Please read them carefully, as they describe your legal rights and obligations. This agreement shall become effective as of the activation of your account.
For the purposes of this Agreement:
"Kraft Creative Services, LLC, "us," "we," "our" and grammatical variants thereof shall collectively refer to Kraft Creative Services, LLC, a company organized and existing under the laws of the State of Montana, United States of America, located at 410 East Carbon Avenue, Bridger, MT, U.S.A. and its assigns and successors in interest.
"Content" shall mean the files which a web browser client may download and intepret display with or without plug-ins.
"Laws" shall mean the laws, statutes, and regulations then in effect of the United States of America and its various states and dependencies as well as the laws of Your country of residence or the country in which you use or access Our Servicess and the laws of any provinces, states or dependencies thereof.
"Our Equipment" shall mean computers and telecommunications devices that we own, operate and/or maintain.
"Suspend" or "Suspension" shall include the disabling of, release of, and/or placing of a registrar lock on your domain name and the cessation of transmission of data to or from Your Web Site or via Your Services.
"Your Data" shall mean any data, including but not limited to advertisements, documents, e-mails, images, movies, web pages, or other Content, related to your use of Our Services.
"Your Services" shall mean the specific Services for which you have contracted, subject to the limitations and specifications of the particular service effective as of the date of contract and to the fees for those Services pursuant to the current Fee Schedule.
"Your Web Site" shall mean data transmittable via the Internet which is stored in your Web Site Space.
We offer services as soon as practicable after registration for and payment of any and all fees due. You acknowledge and agree that under no circumstances will we be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Our services are subject to the following conditions and restrictions:
We may suspend performance under or terminate this Agreement, cease transmission of data associated with your domain name immediately and without notice, permanently remove Your Data from Our Equipment, and take any other actions we deem necessary, at our sole discretion, immediately and without notice, to comply with the relevant Laws if we are informed or otherwise believe, at our sole discretion, that Your Web Site violates the intellectual property rights of any third party or is otherwise the subject of a dispute. As more completely set forth in Sections 5, 6, and 9, you waive any and all claims you may have, now and forever, against us relating to the content, use, and operation of Your Web Site and agree to indemnify and hold us harmless from and against any such claims.
We will register a second level domain name on your behalf, provided such domain name is available for registration. We act only as an intermediary between you and the organization providing the domain name, and have no influence over the assignment of domain names. The registration of your domain name is subject to the terms and conditions of those third-party registrars, and is also subject to the terms of the Uniform Domain Name Dispute Resolution Policy ("UDRP"). You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions of the UDRP in effect at the time of the dispute. We assume no liability in the event the domain name is unavailable or otherwise not assigned to you, and does not warrant or guarantee that assigned domain names do not infringe the rights of third parties, or that you will retain the rights to that domain name for any period of time. You agree that you are responsible for any and all fees and costs related to the registration of your domain name, and you authorize us to bill you for any such fees and costs. Should the payment fail to arrive, we may, at our sole discretion, release, cancel, or otherwise dispose of or utilize Your domain name as we see fit, with no obligation to You whatsoever.
You represent and warrant that your domain name does not infringe the copyright, trademark, or any other intellectual property rights of any person or company and that your domain name is otherwise in compliance with the terms of this agreement, in particular the provisions of Section 7.
You shall inform us of any claim or potential claim against your domain name, including but not limited to the initiation of a dispute under the UDRP, within five days of notification of same. Should you lose your right to use a domain name which is used in connection with our Services, whether through expiration of the domain name, judicial decree, administrative decisions of the UDRP or otherwise, you agree to inform us immediately of the party to whom the domain name is to be transferred and you authorize us to take any and all action necessary to effect such transfer.
We may suspend performance under or terminate this Agreement, cease transmission of data associated with your domain name, permanently remove Your Data from Our Equipment, and take any other actions we deem necessary, at our sole discretion, immediately and without notice, to comply with the UDRP or relevant Laws if we are informed or otherwise believe, at our sole discretion, that your domain name violates the intellectual property rights of any third party or is otherwise the subject of a dispute. As more completely set forth in Sections 5, 6, and 9, you waive any and all claims you may have, now and forever, against us relating to the registration, use, and subsequent transfers of your domain name and agree to indemnify and hold us harmless from and against any such claims.
The Fee is due monthly, in advance of the provision of services, not later than the first of that month. In the event that we determine that the services of a collection agency are necessary or appropriate to collect amounts due under this paragraph, which determination shall be made at our sole and unfettered discretion, any and all collection agency fees and other costs of collection shall be added to any amounts due under this provision.
All Fees must be paid in United States Dollars in advance of the provision of services.
We may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for Your Services. Any such promotions or modifications shall not effect your obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Promotional fees and special offers may not be combined.
You shall pay all costs of collection, including reasonable attorney's fees and costs, in the event any invoice requires collection efforts.
Upon cancellation of this Agreement you will receive a prorated refund of any pre-paid, refundable fees for the remainder of any term. Fees for certain services, including but not limited to domain name registration and maintenance, set up fees, shipping and handling, SSL certificate fees, are not refundable unless provided otherwise by applicable local law. We may, at our sole discretion, refund other amounts as we deem necessary or advisable.
Receipt by us of data for storage in your Web Site Space which are inconsistent with your warranties set forth in Section 7 herein shall not constitute an agreement by us to allow the Services to be used to disseminate such information or data in whole or in part, by any means, or if once disseminated via the use of our Services or Our Equipment, to continue to disseminate such data.
OUR SERVICES AND ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF OUR SERVICES IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF OUR SERVICES. NO WARRANTY IS MADE BY US REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT, AND WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF SERVICES OR GOODS PROVIDED TO YOU HEREUNDER, INCLUDING BUT NOT LIMITED TO YOUR SERVICES AND YOUR WEB SITE; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH OUR SERVICES WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR OTHER HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT NO REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO YOU REGARDING THE POTENTIAL VOLUME OF PATRONAGE OF YOUR WEB SITE OR ANY OTHER PERSON'S OR ENTITY'S WEB SITE OR WEB PAGE.
YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT. IN NO CASE SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR OTHERWISE RELATING TO OUR SERVICES. SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH COUNTRIES, STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING OUR SERVICES, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS. OUR TOTAL LIABILITY FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL SERVICE FEES PAID BY YOU TO US IN THE SIX MONTHS PRECEDING SUCH ALLEGED BREACH.
You agree and warrant that the contact information you have provided to us is complete and accurate, and you further agree to notify us within fifteen days of a change to any such contact information. Contact information includes your full legal name, e-mail address, and mailing address and the name, mailing address, telephone number, facsimile number, and e-mail address of the technical and administrative contacts for your domain, if any.
You agree and warrant that your use of our Services, and all sales and distributions, by any and all means, of any type(s) of Content including, but not limited to, executable files (such as .EXE), digitized audio/visual files (such as MP3), or archived copies of copyrighted works (such as .ZIP); goods, including, but not limited to, videotapes and CD-ROM products, and any type of services by you, which are advertised and/or promoted by, or are in any other way directly or indirectly associated with your use of our Services, shall at all times comply with all applicable Laws.
You agree and warrant that you will neither store on nor allow to be transmitted by Our Equipment any data or other matter which constitutes, contains, or links to child pornography or which involves depictions of sexuality by someone who is or looks younger than eighteen years of age, regardless of their actual age, or by a performer who is portrayed or made to appear as a person under the age of eighteen years of age, or which could otherwise result from or cause harm to minors.
You agree and warrant that Your Data shall be solely for business, entertainment and/or educational purposes and that you shall assume the sole responsibility and duty to ensure that all such data, visual materials, advertising and other matter shall be transmitted exclusively to willing adults and only to places in which such materials comply with contemporary community standards.
You agree and warrant that Your Data shall not violate any Laws concerning obscenity and shall not contain or link to any pornography, or depictions of bestiality, rape, sexual assault, violence, torture or disfigurement, or other content that we, at our sole discretion, deem objectionable.
You agree that if, in our sole and exclusive judgment, we conclude that Your Web Site displays, contains or links to any harmful matter or indecent materials or communications which are available to, or accessible by, minors, or displays or contains any material that consists of child pornography or which could otherwise result in harm to minors; then we may, without prior notice to you and at our sole and exclusive discretion, either remove and erase the material from Your Web Site, and/or disable public access to the material on Your Web Site, and/or cease hosting Your Web Site, without any liability of any kind to us from either you or any third party.
You agree that in the event that we are informed by any party that your domain name or any material on Your Web Site infringes the copyright of any party, or violates the right of publicity or privacy of any party, or consists of any other claim or violation of intellectual property rights of any kind, then we may, without prior notice to you and at our sole and exclusive discretion, either remove the material from Your Web Site, and/or disable public access to your domain name or the material on Your Web Site, and/or terminate this Agreement, without any liability of any kind to us from either you or any third party. As more completely set forth in Sections 5, 6 and 9, you waive any and all claims you may have, now and forever, against us relating to any action taken in response to the claim that you have infringed the intellectual property rights of a third party, and agree to indemnify and hold us harmless from and against any such claims.
You affirmatively represent, agree and warrant that you have and at all times shall have all necessary intellectual property rights, including, but not limited to, all copyrights, trademark and service mark rights and rights of publicity, both in the United States and throughout the world, to reproduce and disseminate, via the Internet, Your Data or Content which you otherwise promote, advertise, disseminate and/or distribute to anyone by your direct or indirect use of our Services, prior to and at all times during the time such materials are promoted, advertised, disseminated or distributed through any direct or indirect use of our Services.
You agree and warrant that Your Data shall not contain or link to any material which is harmful, violent, threatening, abusive or hateful.
You agree and warrant that Your Data and any and all material(s) of every kind which you transmit using our Services shall at all times be free from any and all damaging software defects, including, but not limited to, software "viruses", "worms", "Trojan Horses," and other source code anomalies, which may cause software or hardware disruption or failure, reduced computer operating speed, or compromise any security system. You agree that you will not attempt to access our Web Site or another customer's Web Site without authorization, or use our Services to to carry out, or assist in the carrying out of, any "denial of service" attacks on any other website or internet service.
You agree and warrant that you shall not use any form of mass unsolicited electronic mail solicitations, news group postings, IRC posting or any other form of "spamming," "phishing," or "mail bombing," and we reserve the right to block mail from any source which we believe, at our sole discretion, is being used to send such unsolicited e-mail, including but not limited to open mail relays.
You agree and warrant that you shall not engage in any false, deceptive or fraudulent activities in association with your use of our Services.
You agree and warrant that all applicable taxes have been paid or will be paid in full by you when due regarding all businesses and employees associated with your use of our Services and that no taxing authorities shall have any claim against us or any persons affiliated therewith for the payment of such taxes.
You represent and warrant that you are over eighteen years of age (twenty one in places where eighteen years is not the age of majority) and are fully competent to enter into this Agreement.
You agree to comply with all Laws rules regarding online conduct and acceptable Content.
You represent and warrant that you are not a national or resident of Burma/Myanmar, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, and Syria or any other country subject to U.S. Treasury Department embargo restrictions, and that you are not listed in the "Entity List" or "Denied Persons List" maintained by the US Department of Commerce or the list of "Specially Designated Nationals and Blocked Persons" maintained by the US Department of Treasury.
You agree to abide by United States and other applicable export control laws and not to transfer or permit the transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to your site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
During the course of this Agreement you may gain access to certain confidential, proprietary and trade secret business or technical information belonging to us in connection with our performance of our Services. You agree to preserve the confidentiality of all such information that is provided in connection with the Agreement, and shall not, without our prior written consent, disclose or make available to any person, or use for your own or any other person's benefit, other than as necessary in performance of your obligations under this Agreement, any of our Confidential Information. We retain all right and title to such Confidential Information.
Unless expressly stated otherwise on our Web Site, you should assume that all content, images, and materials appearing on this Web Site are our sole property. Both U.S. and international copyright laws and treaties protect such Content. You may not use, reproduce, display, or sell any Content without our prior written consent. You may not link to any page within our Web Site or frame any portion of the site without our prior written consent.
You agree that you shall fully defend and indemnify us, including our officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys' fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) of you or your agent(s) to fully comply with all duties, obligations and other provisions set forth in this Agreement, including, but not limited to, your warranties set forth in Section 7 or your violation of a third party's intellectual property rights. You further agree to defend, indemnify and hold us harmless, including our officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, loses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys' fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission of you or your agents in connection with the performance of this Agreement. You agree that we shall have the right to participate in the defense of any such claim through counsel of its own choosing at your expense.
Nothing in this Agreement is intended by the Parties to create or constitute an agency, joint or collaborative venture, or partnership of any kind between us and you, nor shall anything in this Agreement be construed as constituting or creating any such agency, joint or collaborative venture, or partnership between us and you. We shall have no control or ownership interests of any kind in your business. We shall have no direct financial or other interest in, nor in any way "own" any online "store" or other online venture pertaining to your use of our Services. Our relationship to you shall be restricted to matters pertaining to the provision of our Services as set forth in this agreement.
You confirm that you have unilaterally decided to enter the online and/or Web Site service business and that these are high risk businesses. You further confirm, understand, acknowledge and expressly agree that neither we, any agent or representative of us, nor any other person is currently representing or otherwise directly or indirectly communicating in any manner herein or otherwise, nor has at any time in the past, represented to you or has otherwise directly or indirectly communicated in any manner to you any guarantee, reassurance or any other communication of any kind regarding:
the potential profitability, marketability, or likelihood of success of your endeavors through the use of our Services as set forth herein or otherwise;
the possibility or likelihood that use of any products and/or services provided by us pursuant to this Agreement can or will result in the recoupment of any funds expended by you for any purpose; or
the existence, nonexistence, size or any other characteristics of any market for any products or services which involve your use, in any manner, of our Services pursuant to this Agreement.
You expressly acknowledge and agree that the success of any business endeavors which involve your use, in any manner, of our Services pursuant to this Agreement, like any other business endeavor, is subject to numerous factors, such as the effectiveness of its advertising and promotion, your administrative capabilities, etc., and that the ultimate success or failure of your business rests with you and not us. You further expressly agree not to raise any claim of any kind against us and to hold us harmless from any claim of financial investment or other loss to you directly or indirectly resulting from your decision to use our Services pursuant to this Agreement.
Any and all services which we may or do provide to you pursuant to this Agreement, including the licensure of rights herein, are non-exclusive and nothing in this Agreement shall limit or restrict us from providing similar services and granting similar licenses to third parties regardless of whether such third parties are competitors of you. Nothing in this Agreement shall limit or restrict us from engaging in any activities similar to yours or in competition with you.
In reliance on your express warranties regarding Your Data, we shall neither have nor exert any editorial or other subjective control over the substantive content of Your Data. We do not engage in any monitoring of Your Data, and exercise no control over information which is found on the internet, except for our own Web Site. We cannot be held responsible for the accuracy, correctness, or legality of such information. You are solely responsible for the content of Your Web Site and for verifying the accuracy and suitability of information and services you obtain from third parties via the internet.
Unless sooner terminated pursuant to other terms of this Agreement, and except as otherwise provided in this Agreement, this Agreement shall be for an initial term of one month and shall be automatically renewed each month for additional one month periods unless and until sooner terminated pursuant to the provisions of this Section 14. We may accept prepayment for services to be provided under this Agreement, but such acceptance shall not modify or extend the term of this Agreement.
You or we may terminate this Agreement at any time for any reason, with or without cause, upon thirty days' written notice. We may suspend performance under or terminate this Agreement and cease transmission of data associated with Your Web Site immediately and without notice:
if we, at our sole discretion, deem that you have breached any part of this Agreement, including, without limitation, any warranty or obligation set forth in Section 7, or
if payment for our Services is more than fifteen days overdue.
You further agree that in the event that we believe, at our sole discretion, that you have breached any provision(s) of Section 7 of this Agreement, or any of its subparts, by storing or allowing material such as that described in the aforementioned Section 7, or any of its subparagraphs, to be transmitted by us, that we may without any liability to you, and in addition to any other remedies, erase or purge such materials without prior notice to you.
After termination, you will no longer have access to your account and Your Data, including but not limited to e-mails, log files, databases, or other data files associated with your account may be deleted. We accept no liability for such deleted information or content.
It is our policy to respect your privacy. We will not monitor, edit, or disclose any personal information about you or your account, including its contents, without your prior consent unless we deem it necessary, at our sole discretion, to:
comply with legal process or other legal requirements, including but not limited to responding to civil or criminal subpoenas, search warrants, national security letters, or other requests for information from law enforcement officials;
protect and defend our rights or property or that of our officers, agents, affiliates, and licensees;
enforce this Agreement; or
protect the interests of our other customers.
NOTWITHSTANDING THE PROVISIONS OF THIS AGREEMENT TO THE CONTRARY, WE RESERVE THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW), AT OUR SOLE DISCRETION, TO MONITOR YOUR ACCOUNT, INCLUDING BUT NOT LIMITED TO THE USE OF A USER'S MAIN ACCOUNT AND ANY SUB-ACCOUNTS, FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THIS AGREEMENT OR TO ASSIST WITH CRIMINAL OR CIVIL INVESTIGATIONS.
In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision(s) of this Agreement shall not affect the validity or enforceability of any other provision.
Failure by us at any time to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder. No waiver of a breach of this Agreement shall be valid unless made in writing and signed by our duly authorized representative.
We may provide notice to you via e-mail sent to the e-mail address provided by you upon registration or as subsequently provided by you to us. Such notice is deemed effective whether you receive it or not and shall be deemed written notice for the purposes of this Agreement.
You may provide notice to us in one of the following ways:
by personal delivery;
by addressing the notice as indicated below and depositing the same by registered or certified mail, postage prepaid, in the United States mail, Kraft Creative Services, LLC, P.O. Box 156, Bridger, MT 59014; or
by e-mail and registered or certified mail.
Such notice, statement or other document so delivered to us, except as this Agreement expressly provides otherwise, shall be conclusively deemed to have been given when first personally delivered, on the date of delivery or on the first date of receipt. Notice by e-mail to us shall be deemed ineffective, null and void unless a copy of such notice is also sent by registered or certified mail, and postmarked not more than five days subsequent to the giving of e-mail notice. Any such e-mail notice to us shall be deemed effective as of the date on which we receive the certified or registered mail notice.
In the event of "force majeure", we may terminate this Agreement without liability to you. For purposes of the Agreement, "force majeure" shall mean circumstances or occurrences beyond our reasonable control, whether or not foreseeable at the time of entering into the Agreement, in consequence of which we cannot reasonably be required to perform its obligations hereunder or otherwise perform its obligations under the Agreement. Such circumstances or occurrences include, but are not limited to: acts of God, war, civil war, insurrection, fires, floods, labor disputes, epidemics, governmental regulations and/or similar acts, embargoes, termination or temporary unavailability of any computer hardware or software, server, or network on which our Services are located or maintained or through which our Services are provided, and nonavailability of any permits, licenses and/or authorizations required by governmental authority.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services.
This Agreement and the rights pertaining hereto may not be assigned, resold, or otherwise transferred in whole or in part by you without our prior written consent. Notwithstanding the above, this Agreement shall be binding upon your successors and assigns, if any. We may assign or license any or all of its rights and/or obligations hereunder in its free, sole, and unfettered discretion.
If you fail to timely pay amounts due we may assign your account for collection and the collections agency may pursue such claims in court limited strictly to the collection of the past due debt and any interest or cost of collection permitted by Law or this Agreement.
Neither you nor we may be a representative of other potential claimants or a class of potential claimants in any dispute concerning or relating to this Agreement, nor may two or more individuals' disputes be consolidated or otherwise determined in one proceeding. YOU AND WE ACKNOWLEDGE THAT THIS SECTION 21.2 WAIVES ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLASS ACTION
This Agreement shall be interpreted according to the laws of the State of Montana, United States of America, and, where applicable, the federal law of the United States of America, without regard to conflicts of law principles.
This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral. No officer, employee or representative of us or you has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement, and we and you hereby acknowledge and agree that neither we nor you have executed this Agreement in reliance upon any such representation or promise.
We may materially alter this Agreement by posting the new version of the Agreement at http://www.carboncountybusinesses.com/termsofuse and if posted in this manner, shall be effective immediately upon posting such notice. In the event that we do materially change the terms of this Agreement, you accept and shall be bound by such changed terms unless you opt to terminate the Agreement within thirty days of the posting of notice of such change.
You may not modify this Agreement, in whole or in part, and any such modification or attempt to modify shall not be enforceable unless reduced to writing and signed by our duly authorized representative. No additional or conflicting term in any other document used by you will have any legal effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Services or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.