E-course Terms of Use Agreement and Liability Disclaimer

 

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By purchasing an E-course, clicking “I Agree,” emailing your statement of agreement, entering your credit card information, or by signing this agreement on this page or reverse, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with services by Creative Clinical Consulting LLC & Azizi Marshall (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

 

This E-course and its videos, documents and other associated content (hereinafter inclusively referred to as “E-course”) has been produced by Creative Clinical Consulting, LLC.  When you purchase our E-course, you agree to this Terms of Use and Liability Waiver.

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All sales are final for online E-courses. No refunds are issued for online courses once a sale is completed. The supplies and props used for any exercises instructed are not included in the purchasing price of the E-course.

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Parties agree that the E-course or Program is in the nature of coaching and education.

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ASSIGNMENT

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Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.

We shall be entitled to assign these terms and conditions to any other company without prior notice to you.

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The information in our E-course is for educational purposes only and is not intended to provide a medical diagnosis or substitute for medical advice.  The content in our E-course is intended for people who are wanting training in either business or the creative arts therapies.  However, we make no representations, guarantees or warranties that the information or exercises in our E-course is appropriate for you or will result in improvement of your business or therapy practice.  The information in our E-course is by no means complete or exhaustive and therefore does not apply to all situations, cases or businesses.  The information and instruction in this E-course is not intended to be “creative arts therapy” or medical advice, especially since we have not personally examined you and prescribed exercises specific to your individual condition.  Any use of the terms “prescribe” or “prescription” in the E-course is referring to the precision with which the exercise should be done and is not intended to mean the exercises are being prescribed specifically for you or your condition(s).  Any reference to or mention of any particular diagnoses or dysfunctions is intended for informational purposes only and not an attempt to diagnose your particular problems.

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Before you begin the exercises in the E-course, you should get professional clearance from your board of ethics.  By purchasing this E-course and embarking on the exercises in it, you are assuming the risk that the exercises may not be appropriate for you and may increase your challenges or cause you to have new challenges or new issues. 

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By purchasing this E-course, Creative Clinical Consulting, LLC grants you a nonexclusive, nontransferable, revocable license to access and use our copyrighted E-course and any associated materials solely for your own personal and non-commercial use.  Our E-course is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any of the content within our E-course is strictly prohibited.  Your purchase of our E-course does not grant you any ownership rights to our E-course.  Any breach in the terms of this agreement may result in termination of your access to the E-course materials.

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Our E-course may contain references or links to materials from third-parties.  Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with us.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

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Our E-course is intended solely for Users who are at least age 18 years of age or older.  Any use of or access to our E-course by anyone under such, is unauthorized, unlicensed and in violation of these Terms of Use. By purchasing our E-course, you represent and warrant that you are 18 years or older and that you agree to and to abide by all of the terms and conditions of this Agreement. Kim Bell Physical Therapy Inc. has sole right and discretion to determine whether to sell our E-course to any individual and may reject a purchase by any individual with or without explanation.

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We will respond quickly to claims of copyright infringement as found in our E-course, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512).  If you believe any copyrights are infringed by our E-course, please provide us with a written notice via mail, fax, or email that contains the following information:

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1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. A description of the copyrighted work that you claim has been infringed;

3. A description of where the material that you claim is infringing is located on our Website;

4. Your address, telephone number, and email address;

5. 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

6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

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We are only required to respond to those notices that substantially comply with the above requirements.  We will investigate your claim and will notify by the method of contact you used to file your notice with us.

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When you complete the purchase process, you will receive a password that will allow you to access our Content. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security.

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FEES

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1. The Fees for the E-course shall be as set out on the Website or as told to you over the telephone at the time you placed an order for them. 

2. Unless otherwise specified at the time you purchase the E-course the Fees are exclusive of VAT or other local taxes, the cost of some Course Materials and any delivery costs payable in respect of the delivery of Course Material to you.  Each of these costs will be set out in the Website or told to you over the telephone prior to your purchase the Services.

3. Save where specifically stated otherwise on the Website, all Fees shall be exclusive of any amounts payable to any professional body for registration and examination entry.  These are payable by you directly to the relevant professional body or examination board and we accept no responsibility or liability for your failure to book your exam with the relevant professional body or examination.

4. Fees for the E-course selected by you on the Website or purchased over the telephone shall be debited from your credit / debit card at the time of purchase.  Fees must be paid in full prior to you accessing any E-course.

5. Any fees charged by your debit or credit card provider in connection with your purchase of E-course are for your own account and Creative Clinical Consulting, LLC shall not be responsible for these.

6. You shall be responsible for all costs you incur in connection with your access onto any E-course.

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Creative Clinical Consulting, LLC shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.

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Creative Clinical Consulting, LLC may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.

 

DATA PROTECTION

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1. The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data. By purchasing the E-course you agree to this Use.

2. When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.

3. We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Creative Clinical Consulting, LLC,

4. To enable us to monitor and improve our E-course, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.

5. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser's interaction with the Website.

6. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.

7. Creative Clinical Consulting, LLC endeavor to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.

8. Creative Clinical Consulting, LLC may supplement the information that you provide with information we receive from third parties, such as exam registration bodies or your employer.

9. If you wish to change or update the data we hold about you, please e-mail info@c4creativeartstherapy.com or contact us on 847-477-8244.

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THE CONTENT PROVIDED IN OUR E-COURSE IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND USE FOR A PARTICULAR PURPOSE). OUR WEBSITE AND CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. CREATIVE CLINICAL CONSULTING, LLC, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR CONTENT. CREATIVE CLINICAL CONSULTING, LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR CONTENT.  CREATIVE CLINICAL CONSULTING, LLC DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR OUR SERVICES FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT AND SERVICES IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

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IN NO EVENT WILL AZIZI MARSHALL, CREATIVE CLINICAL CONSULTING, LLC OR HER CORPORATIONS, EMPLOYEES, CONTRACTORS, VENDORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OR MISUSE OF THIS VIDEO WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTE OR BY WAY OF ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN.   NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KIMBERLEY BELL’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE VIDEO(S) WE PROVIDE PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

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COACHING TERMS & CONDITIONS

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SERVICES

(A) Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to render services related to education by means of seminar, consulting, coaching, and/or business coaching (the “Program”).

(B) The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client.

(C) Parties agree that the Program is in the nature of coaching and education.

(D) The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on Company’s website as part of the Program.

(E) Company reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.

(F) Client and Company agree to provide 48-hour notice of cancellation of any scheduled appointment, or risk forfeiture of the session. Company will make every effort to reschedule the session within a reasonable amount of time, however this is subject to Company’s availability. Terminated coaching sessions/calls because of non-performance by Client shall not be refundable. 

(G) If Email Access to Company is provided, no coaching will take place via email. Emails will be used for quick guidance and check-ins. Emails need to take less then 10 minutes to read and answer.
(H) Client is responsible for booking in sessions with company as agreed upon in the purchased package. The specified time and/or sequence of coaching sessions shall be adhered to by the client, otherwise, client will risk forfeiture of the sessions without warning. The duration of the coaching package may not be exceeded, even if sessions have not been claimed by client. It is within company's sole discretion if it will extend the duration of the coaching package if prompted by the client minimum 4 weeks before termination of the coaching agreement. 

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FEES

(A) Client agrees to pay fees to the Company according to the payment schedule set forth on Company’s website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).

(B) Company shall charge a 10% (ten percent) first week late fee with 10% weekly increase every next week the fee is late on all outstanding balances not paid by the date or dates as agreed between the parties

 

REFUNDS

(A) Upon execution of this Agreement, Client agrees to pay to Company the full amount of the Fee.

(B) If client cancels attendance at, or participation in, the Program for any reason whatsoever, Client will not be entitled to receive a refund.

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CHARGEBACKS AND PAYMENT SECURITY

(A) To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates agreed.

(B) If Client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent.

(C) Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.

 

NO RESALE OF SERVICES PERMITTED 

(A) Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program.

(B) This agreement is not transferrable or assignable without the Company’s prior written consent, where such consent may be withheld at the Company’s absolute discretion.

 

NO TRANSFER OF INTELLECTUAL PROPERTY

(A) Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and with a single-user, non-transferable, revocable license.

(B) Client agrees that he/she will not use any of the Company’s intellectual property, including without limitation the Company’s copyrighted and original materials, for Client’s business purposes.

(C) Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company.

(D) All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company.

(E) No license to sell or distribute Company’s materials is granted or implied by the enrollment or by the payment of any fees.

 

LIMITATION OF LIABILITY

(A) By enrolling in the Program and using Company’s services, Client releases Company, its officers, employees, directors, affiliates and related entities from any and all damages that may result from the provision of the services to the Client.

(B) The Program is an educational/coaching service only.

(C) Client agrees that he/she accepts any and all risks, foreseeable or nonforeseeable, arising from such services.

(D) In any event, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of:

(I) The total fees Client paid to Company in the one month prior to the action giving rise to the liability; and

(II) $1000.

(E) All claims against Company must be lodged within 100 days of the date of the cause of action arising or otherwise the right of action is forfeited.

(F) Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the provision of the services including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrolment in the Program.

(G) Client agrees that he/she uses Company’s services at Client’s own risk.

 

DISCLAIMER OF GUARANTEE

(A) Client accepts and agrees that she/he is entirely and solely responsible for her/his progress and results from the Program.

(B) Client accepts and agrees that Company cannot control the Client’s responses to the provision of the services under this Agreement.

(C) Company makes no representations or guarantees whatsoever regarding performance of this Agreement other than those specifically stated herein.

(D) Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose.

(E) Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve the same or similar results.

 

COURSE RULES

(A) To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to behave, at all times, courteously and respectfully.

(B) Client agrees to abide by any Course rules and/or regulations presented by Company.

(C) The failure to abide by Course rules and regulations shall be a material breach of this Agreement and therefore sufficient cause for immediate termination of this Agreement by Company.

(D) In the event of such termination, Client shall not be entitled to refund of any amounts paid and shall remain responsible for all outstanding amounts of the Fee.

 

USE OF COURSE MATERIALS

(A) Client consents to recordings being made of courses and the Program.

(B) Company reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses, and materials submitted by Client in the context of the course(s) and the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client.

(C) Client consents to his/her name, voice, and likeness being used by Company for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client or need for further agreement by Client.

 

NO SUBSTITUTE OF MEDICAL TREATMENT

(A) Client agrees to be mindful of his/her own health and well being during the provision of any services and to seek appropriate medical treatment (including, but not limited to, psychotherapy) if needed.

(B) Company does not provide, and does not hold itself out as providing, medical, therapy, or psychotherapy services.

(C) Company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.

 

TERMINATION

(A) In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable.

(B) Company shall be allowed to immediately collect all sums due from Client and to terminate this Agreement without providing further services to Client.

(C) In the event that Client is in arrears of payments to Company, Client shall not be permitted to use or receive any of Company’s services or to participate in any Program.

 

CONFIDENTIALITY

(A) The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs.

(B) Company agrees not to disclose, reveal or make use of any Confidential Information of Client, during discussion with Client, the coaching session with Company, or otherwise, without the written consent of Client.

(C) Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.

 

DISPUTES

(A) In the event that a dispute arises between the Parties then the Parties agree and accept that they will negotiate in good faith to settle such dispute. If, after a reasonable period of negotiation, the dispute is not settled then either party may commence further action in the venue stated below.

(B) In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.

 

INDEMNIFICATION

(A) Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, employees, subcontractors and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the service(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates, employees, subcontractors and successors.

(B) Client shall defend Company in any legal actions or the like arising from or related to this Agreement where such action brought by a third party for or on behalf of Client.

(C) Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates, employees, subcontractors and successors shall not be held personally, individually or collectively, responsible or liable for any actions or representations of the Company.

 

CONTROLLING AGREEMENT

In the event of any conflict between the provisions contained in this Agreement and any materials used by Company, Company’s representatives, or employees, the provisions of this Agreement shall prevail.

 

CHOICE OF LAW

(A) This Agreement shall be governed by and construed in accordance with the laws of the State of Berlin, Germany without giving effect to any principles or conflicts of law.

(B) The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in State of Illinois, United States of America pursuant to the rules of the United States Law, which arbitration shall be binding upon the parties and their successors in interest. 

(C) The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party.

 

ENTIRE AGREEMENT

(A) This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written.

(B) This Agreement may be modified only by an instrument in writing duly executed by both parties.

 

SURVIVAL

The ownership, non-circumvention, dispute resolution, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination, for any reason, of this Agreement.

 

SEVERABILITY

If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.

 

OTHER TERMS

(A) Upon execution by purchasing, clicking "I agree" or emailing a statement of agreement, or signing below, or on the reverse of this document, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT.

(B) A facsimile, electronic, or e-mailed executed copy or acceptance of this Agreement upon purchasing, with a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.

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This Terms of Service Agreement shall be governed and construed in accordance with applicable federal law and the substantive laws of California without giving effect to the principles of conflict of laws.  Any cause of action by you with respect to our Website or Content must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

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To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.