Terms and Conditions of Use for Massachusetts Cultural Council’s Local Cultural Council Website

These Terms and Conditions of Use ("TCU"/"Agreement") are made between Mass Cultural Council ("MCC"/"we"/"us"/"our"), a Massachusetts state agency, and any Local Cultural Council members and/or LCC Program applicants ("LCC"/"you"/"users") who access this web site ("site"). This TCU is made by and between us and you, the user of this site. Use of this site is provided to you subject to this Agreement, which may be updated and modified from time-to-time at our sole discretion as set forth in Section 22. This TCU applies to all areas and uses of our site and to all services that we provide to you through it, including, but not limited to, the LCC Online Application and MailChimp. You hereby agree as follows:

BY USING THIS SITE IN ANY CAPACITY, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT IN ITS ENTIRETY AND THE SITE'S PRIVACY POLICY (WHICH YOU CAN REVIEW HERE), WHICH IS HEREBY INCORPORATED BY REFERENCE, AND EXPRESSLY AGREE AND CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. THIS AGREEMENT WILL HAVE THE SAME LEGAL EFFECT AND FORCE AS A WRITTEN AND SIGNED CONTRACT BY YOU. IF YOU DO NOT AGREE, YOU MUST CEASE USING THIS SITE AND NOT REGISTER OR SUBMIT ANY INFORMATION AND CONTENT THROUGH IT. ANY VIOLATION OF THIS AGREEMENT BY YOU CAN IN CERTAIN INSTANCES RESULT IN LIABILITY TO YOU AND LEGAL ACTION TAKEN AGAINST YOU BY US AND/OR OTHERS.

1. License. Subject to the terms and conditions set forth in this Agreement, we agree to provide you with access and use of our site. There is no fee paid by you. Access is provided pursuant to a free, revocable, limited, non-sublicensable, and non-exclusive license provided by us. This license may be transferable to or shared with members of the same organization and entity, as the case may be, but cannot be transferred to any third party with our express written consent. This license may be revoked in certain circumstances if we believe, in our sole discretion, that you have violated this Agreement.

2. General Site Accessibility. The site, or certain portions or features of it, may at times be inaccessible or inoperable for any number of reasons, including but not limited to: (a) equipment, software, or communications malfunctions; (b) personnel, employee, or third party issues; (c) maintenance, repairs, upgrades, or content updates; (d) administrative, technical, or other reviews which we may undertake as we deem in our sole discretion to be necessary or appropriate; or (e) causes beyond our control.

3. Password and Contact Information. Portions and functions of this site are only accessible to certain users by creating an account, providing specific information about you and/or your organization (including contact information such as your e-mail address), logging-in, and using a password. You are responsible for maintaining the confidentiality and security of your account information and password, and for restricting access to your computer(s). You agree to accept full and complete responsibility for all activities that occur under your account and/or password. Depending upon the nature and level of your access to the site, you will either be able to change your password at any time yourself, or with our assistance in certain instances. If you need our assistance to change your password, you agree to contact us promptly. It is also your responsibility to provide complete and accurate contact and other information to us (including your e-mail address) and to timely update it when necessary. Failure to do so may adversely and significantly affect your rights under this Agreement if we cannot reach you.

4. Equipment. You are solely responsible for providing, maintaining, and ensuring compatibility with the site, such as all hardware, software and upgrades/updates, electrical, and other physical requirements for your use of it. This includes but is not limited to, telecommunications and internet access connections and links, web browsers or other equipment, and programs or services required to access and use the site. While we attempt to enable the site's features to operate across various types of platforms or equipment (e.g. mobile), we do not warrant or guarantee that all features will be accessible, operable, or functional at any time.

5. Proprietary Rights and Personal Use. All or portions of this site, with the possible exception of your own content that you submit to us through the site, are proprietary to us and are protected by intellectual property laws and/or treaties, including, but not limited to, copyright, trademark, service mark, and patent laws. In some instances, certain content on the site may be owned by one or more third parties that we retain to assist us with the site's operation. You agree to use this site for your own personal use only and will not copy, duplicate, display, transmit, distribute, modify, revise, or prepare derivative works for any other purpose, whether commercial or otherwise, unless we give you our prior express written permission to do so.

6. No Redistribution or Resale. As noted above, our site is being provided to you for your own personal use only. You agree not to reproduce, duplicate, copy, sell, resell, lease, distribute, redistribute, aggregate, modify, or exploit any portion of the site or access to it for any commercial purposes unless we give you our prior express written permission to do so.

7. Third Party Providers. When you use our site and submit certain content through it, you may in some instances also be using the services or software of one or more third parties that we retain to, among other things, operate the site, allow certain functionality within it, enable specific features, and/or make the site run more efficiently. Your use of these third party services may be subject to the separate policies and terms of use of these third party providers. Currently, we use SmartSimple and HostGator to assist us. SmartSimple’s privacy policy and HostGator's privacy policy are available for your review.

8. No Interference. You agree that you shall not use, implement, or employ, or directly or indirectly aid, encourage, or solicit anyone else to use, implement, or employ any automated or manual device, process, or program (e.g. robot, spider, scraper, spyware, malware, etc.) designed to monitor, observe, track, gather, aggregate, copy, alter, modify, disrupt, or transmit any of the content or user information contained on our site, whether provided by us, our third parties, or our users, without our prior express written permission. You further agree that you shall not use, implement, or employ, or directly or indirectly aid, encourage, or solicit anyone else to use, implement, or employ any automated or manual device, process, or program that interferes or attempts to interfere with the operation of our site in any manner.

9. Linking and Framing. While we do not prohibit you from linking to our site for your own personal use, you agree not to bypass or circumvent the home page of our site and "deep-link" to any other outside websites or to frame or utilize our content within another outside website or other electronic media, without our prior express written permission.

Our site or other users may also provide various links to other outside websites. These links are not intended to and do not imply our sponsorship, affiliation, connection, or endorsement, even if we work collaboratively or cooperatively with an organization or entity to which our site links. We do not exercise any control over the content on, or the operation of, these other sites. We are not in any way responsible or liable, either directly or indirectly, for the availability or accessibility of these other sites and links, any transmissions or communications initiated by or between you and the other site, any of the content posted on or received from the other site regardless of its nature or your reliance, actions, or omissions upon such content or links.

10. Posting content. Some areas of our site allow you to post certain content ("posts") that may be seen by users or third parties, subject to our acceptable use policy in Section Eleven (11) and Good Samaritan policy in Section Nineteen (19). We may or may not review your posts after you submit them and prior to them being posted on the site (assuming they are not posted instantaneously), but we are not obligated by this Agreement or otherwise to do so. We reserve the right to refuse to publish any posts, or to take down or modify any posts after they have been published, as the case may be, that in our sole discretion violate Sections 11 and/or 19 of this Agreement.

11. Unacceptable Uses. You are solely responsible for any and all acts and omissions that occur while you use this site, and you agree not to engage in any unacceptable use of the site, which includes, but is not limited to, use of the site to:

(a) post, disseminate, store, or transmit unsolicited messages, chain letters, pyramid schemes, or unsolicited commercial e-mail (also known as "spam");
(b) post, disseminate, or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, discriminatory, grossly offensive, vulgar, threatening, or malicious;
(c) post, disseminate, store, or transmit files, graphics, software, code, material, or other content that violates or allegedly violates the legal rights of others, such as actually or potentially infringing the copyright, trademark, patent, trade secret, intellectual property rights, or rights of privacy or publicity of any person, or instructs any person how to do so;
(d) post, disseminate, or transmit any false, fraudulent, untrue, or deceptive information to us, whether in an electronic grant application or in any other submission or communication;
(e) create a false or misleading identity or to otherwise attempt to mislead any person as to the identity or origin of any content, communication, or post;
(f) impersonate any person or entity, including, but not limited to, a MCC or Commonwealth of Massachusetts employee or agent;
(g) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions;
(h) interfere, disrupt, or attempt to gain unauthorized access to other passwords, user authentications, accounts, or personal information on the site or to any other computer network;
(i) restrict, impair, or inhibit any other user in its use of the site, its features, or services;
(j) establish or execute any form of network monitoring that will intercept, monitor, or gather data;
(k) probe, scan, or test the vulnerability of the site or network, or breach security or authentication measures without prior express written authorization from us;
(l) post, disseminate, store or transmit viruses, trojan horses, worms, or any other malicious code or program;
(m) harm or attempt to harm minors in any way;
(n) solicit personal information from anyone under eighteen (18) years of age;
(o) solicit, post disseminate, or transmit any confidential or allegedly confidential information or trade secrets;
(p) interfere with, cause congestion or generate traffic on, or disrupt the site or the servers or network connected to provide service to the site;
(q) provide or post instructional information about illegal or unlawful activities;
(r) "stalk," bully, intimidate, or otherwise harass another person;
(s) intentionally or unintentionally violate any applicable local, state, national or international law;
(t) engage in commercial activities involving the site or its content without our prior express written permission; and/or
(u) engage in or attempt to engage in any other activity deemed by us, in our sole discretion, to be unacceptable when using this site or in conflict with the spirit or intent of this Agreement.

No failure or delay by us in enforcing this policy by us will constitute a waiver of the policy or of any other right or remedy available to us. If any provision, or any part thereof, of this policy is deemed to be invalid, illegal, or unenforceable, it shall be disregarded and the balance of the policy or provision shall be enforceable to the fullest extent permitted by law.

12. Privacy. Your information is collected and used pursuant to our PRIVACY POLICY, incorporated by reference herein. We do not knowingly promote this site to, or collect any information from, children under the age of thirteen (13) years. This site is intended for use by adults only.

As stated in our Privacy Policy, unless you provide us with personally identifiable information, such as if you register to use the site and thereafter log-in whenever you use it, we will not routinely attempt to match it to your usage of the site or to other information in our possession. However, in instances where we in our sole discretion suspect or determine that the site is being used for any unacceptable, inappropriate, or illegal purposes, personally identifiable information relating to your use of this site may, when possible, be ascertained and disclosed to other parties as we deem appropriate. Such information may also be disclosed pursuant to any authorized law enforcement, governmental, or national security investigation or action, regardless of whether it was initiated by us or by another party.

13. Electronic Communications Privacy Act Notice. We make no guarantee of confidentiality or privacy of any information transmitted through or stored upon our system or those of our third parties, and make no guarantee that any other entity or user(s) will be included or excluded from our network and site. We and our authorized third parties may periodically monitor transmissions over our network and site for maintenance, quality assurance, or any other purpose permitted by the Electronic Communications Privacy Act, P.L. No. 99-508, as amended.

14. Representations and Warranties. You represent and warrant the following: (a) You are over eighteen (18) years of age; (b) You have the right, power, and authority to enter into and perform your obligations under this Agreement; (c) You will not use our service or site for any unacceptable uses, as partially listed in Section Eleven (11); (iv) You will not use our site or service to violate any federal, state, and/or local law; and (v) You will only use our site or service to transmit and disseminate information or content reasonably related to MCC or LCC business.

15. Disclaimer of Warranties. THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT YOUR SOLE RISK. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) THAT THE SITE, OR THE SERVICE PROVIDED BY US, WILL MEET YOUR REQUIREMENTS; (C) THAT THE SITE AND ANY TRANSMISSIONS SENT OR RECEIVED BY YOU TO OR FROM IT OF ANY NATURE WILL BE TRANSMITTED SECURELY, UNINTERRUPTED, ACCESSIBLE, OR ERROR-FREE; (D) THAT THE SITE AND/OR ITS FUNCTIONS WILL ALWAYS BE OPERATIONAL WHEN YOU USE IT OR ATTEMPT TO USE IT; AND/OR (E) THAT ANY INFORMATION, DATA, OR CONTENT OBTAINED FROM OR POSTED ON THE SITE, WHETHER BY US, A USER, OR OTHER THIRD PARTY WILL BE ACCURATE, RELIABLE, COMPLETE, FREE FROM VIRUSES OR OTHER MALICIOUS CODE, OR FREE FROM ANY CLAIMS OF INFRINGEMENT OF ANOTHER PARTY'S INTELLECTUAL PROPERTY RIGHTS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US, WHETHER IN ORAL, WRITTEN, OR ELECTRONIC FORM, RELATING TO THIS AGREEMENT OR YOUR USE OF THIS SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

16. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THIS SITE OR SERVICE, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) YOUR USE OR INABILITY TO USE THE SITE; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY TRANSMISSION OR DATA; (D) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED (OR NOT); (E) ANY CONTENT OR DATA FROM A USER OR THIRD PARTY INCLUDED, DISPLAYED, OR ACCESSED ON OR THROUGH THE SITE; AND (F) ANY ACTIONS OR OMISSIONS BY YOU IN RELIANCE UPON SUCH CONTENT OR DATA; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO TERMINATE YOUR USE OF THIS SITE AND SERVICE. REGARDLESS OF THE PRECEDING LANGUAGE, IF WE ARE FOUND TO BE LIABLE FOR ANY REASON, OUR TOTAL LIABILITY TO YOU IS EXPRESSLY AND SOLELY LIMITED TO ONE DOLLAR ($1.00) ONLY.

17. Reliance on Limitations. WE HAVE UNDERTAKEN OUR OBLIGATIONS AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMER OF WARRANTIES AS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE THAT THE LIMITATION OF LIABILITY AND DISCLAIMERS CONTAINED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

18. Indemnification. You agree to indemnify, hold harmless, and defend us, our directors, employees, and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to: (a) this Agreement and/or any breach or alleged breach by you thereof; (b) Your use of the site, including any data, content, or material transmitted, posted, obtained, relied upon, or received by you; (c) any unacceptable or objectionable use of the site, as we determine in our sole discretion; (d) any negligent, willful, or intentional misconduct by you; and (e) as otherwise provided in this Agreement.

19. Good Samaritan Content and Complaint Procedures Policy.

a. Policy. We have provided certain opportunities for you to contribute content to our site in some instances. It is our policy, however, not to allow any content which may constitute intellectual property infringement; violations of federal, state, or local law; obscene or defamatory material, or may otherwise be unacceptable or inappropriate as we deem in our sole discretion. Upon learning of such content, we will attempt, and you hereby give us the right, to delete, edit, remove, disable, change, modify, or restrict access to or the availability of the content, which is otherwise unacceptable or objectionable. We may or may not notify you about what action we take with respect to the disputed content. The provisions of this section are intended to implement this discretionary policy but are not in any way intended to impose a contractual or other obligation upon us to undertake, or refrain from undertaking, any particular course of conduct.

b. Complaint Procedures. If you believe that another user or other third party has posted content which violates this policy or the Acceptable Use policy in Section Eleven (11), You may notify us as follows: (i) Via e-mail at dawn.heinen@art.state.ma.us; or (ii) via first class mail (or other nationally-recognized courier) at: Mass Cultural Council, Attn: Dawn Heinen, 10 St. James Avenue, 3rd Floor, Boston, MA 02116. In either instance, you must provide a physical or electronic signature on your correspondence indicating that you are authorized to contact us to allege the violation. You must also provide your current contact information, including a physical address, telephone number, and e-mail address(es), as well as any other contact information that we may need to contact you.

Before you allege that another party has infringed your content, you should consult current and relevant copyright materials and/or a qualified attorney to confirm that the use is, in fact, infringing. The United States Copyright Office provides basic information that may help you determine whether an exception or defense to infringement, such as fair use, may apply to another party’s use of a copyrighted work. In this instance, the other party’s use would not be infringement and you would not be entitled to any remedy.

In order to allow us to respond effectively, please provide us with as much information as possible in your e-mail or correspondence, including: (1) the nature of the right infringed or violated, or the unacceptable or inappropriate content; (2) all facts which reasonably lead you in good faith to believe that a right has been violated or infringed; (3) the precise location(s) on our site where the offending content is located; (4) any grounds to reasonably believe in good faith that the party or user which posted the content was not authorized to do so by you (i.e., the copyright owner or authorized agent), or did not have a valid legal defense (including fair use), if applicable; (5) if known, the identity of the party or user who posted the infringing, offending, or inappropriate content and any contact information for said user or poster; and (6) in the case of alleged copyright infringement claims, information sufficient to identify the work and your claims to ownership, including any applicable registration numbers of the federally-registered intellectual property.

c. Indemnification/Waiver of Certain Rights. By contacting us and complaining of an alleged violation, you agree that the information contained in your complaint constitutes a representation made under the pains and penalties of perjury. In addition, you agree, at your own expense, to defend and fully indemnify us and hold us harmless against all claims which may be asserted against us due to any action we may or may not undertake pertaining to the alleged violation asserted by you, and all losses we incur, as a result of your complaint and our response to it.

d. Waiver of Claims and Remedies. We expect all users of our site to take responsibility for their own actions and cannot and do not assume liability for any acts of users or other third parties which may take place at our site. By utilizing the Good Samaritan procedures set forth herein, YOU WAIVE ANY AND ALL CLAIMS OR REMEDIES WHICH YOU MIGHT OTHERWISE BE ABLE TO ASSERT AGAINST US UNDER ANY THEORY OF LAW (INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY LAWS) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE CONTENT AT THIS SITE OR OUR RESPONSE, OR FAILURE TO RESPOND, TO A COMPLAINT. Section Sixteen (16) contains additional information pertaining to limitations of our liability.

e. Investigation/Liability Limitation. You agree that we have the right, but not the obligation (whether contractual or otherwise), to investigate any complaint received. By reserving this right, we do not undertake any responsibility in fact to investigate complaints or to remove, edit, disable, or restrict access to or the availability of content. We will not act on complaints that we believe, in our sole discretion, to be deficient, incomplete, or otherwise questionable. If you believe that content remains on this site which violates your rights, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE AGAINST THE USER OR OTHER PARTY RESPONSIBLE FOR SAID CONTENT, NOT AGAINST US. AS STATED IN SECTION SIXTEEN (16), YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US SHALL BE TO TERMINATE YOUR USE OF THIS SITE AND SERVICE.

f. Digital Millennium Copyright Act Compliance. As set forth in Subsection (b), you must contact our agent if you believe that a work protected by a U.S. Copyright which you own and/or are authorized to enforce has been posted on our site without authorization or that our site, in some material way, contributes to its infringement. It is our policy in appropriate circumstances, if feasible, to terminate the access rights of repeat infringers and other users who use this site in an inappropriate or objectionable manner.

20. Integration. This Agreement and the Privacy Policy constitute the complete and exclusive statement and agreement between you and us with respect to your use of this site and supersedes any and all prior or contemporaneous communications, representations, statements, agreements, and understandings, whether in oral, written, or electronic form, between you and us concerning your use of the site.

21. Conflicting Terms. The terms of this Agreement and the terms of the Privacy Policy shall be construed as being consistent with each other whenever possible, but if such construction is unreasonable due to conflicting terms, the terms of this Agreement shall control. To the extent that our site contains any content drafted and posted by us, including but not limited to answers that we may post to "frequently asked questions" ("FAQs") or other similar areas of the site, which may conflict with the terms of: (a) this Agreement, this Agreement shall control; and/or (2) the Privacy Policy, the Privacy Policy shall control.

22. Modification and Amendment. We have the right at any time and in our sole discretion to modify or amend the terms of this Agreement. If you are a user who registers and signs-in to use the site, then you will be informed of the amendments or modifications upon signing-in or at other designated times, as we deem appropriate. If you agree, your use of the site after the date such amended terms are added shall be deemed to constitute acceptance. If you do not agree, you will be unable to use the site. If you are a user who does not log-in to use the site but only uses it for informational or other purposes, your use of the site after the amended terms are posted shall be deemed to constitute acceptance.

No attempted modification made by you shall be binding upon us unless it is made in writing, expressly stated by us to be an amendment or modification of this Agreement, and is signed by an authorized representative of us. The receipt of any information from us regarding a query or comment made by you about this Agreement, its terms and conditions, or the site does not in any way modify or amend the Agreement.

23. Force Majeure. If the performance of any part of this Agreement by either party is prevented, hindered, delayed, or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes or unrest, acts of God, civil commotion, acts of civil or military authorities or public enemies, or any other causes beyond the control of either party, that party shall be excused to the extent that it is prevented, hindered, or delayed by such causes.

24. Severability. If any one or more of the provisions contained in this Agreement, or part of any provision, shall for any reason be found to be invalid, illegal, or unenforceable in any respect, said finding shall not affect the remaining provisions or parts thereof in this Agreement, which shall be enforceable to the fullest extent permitted by law.

25. Waiver. Any failure or delay by us to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement, or the partial exercise thereof, or any course of dealing or actions with respect thereto, shall not be deemed a waiver. Nor shall any waiver or relinquishment of any right or power hereunder by us at any one or more times be deemed such at any other time(s). No waiver by us shall be binding unless expressly executed in writing by our authorized representative. Nothing contained in this Agreement shall in any way be construed as: (a) a waiver by us or by the Commonwealth of Massachusetts to any claim or defense of immunity from suit, including, but not limited to, sovereign immunity; (b) consent by us or by the Commonwealth of Massachusetts to any suit or action in any court or legal forum where said consent is determined to be necessary and/or proper for said suit or action to be initiated or maintained; and/or (c) a waiver of any rights or defenses that we have under applicable law. Any and all such rights are expressly reserved by us.

26. Governing Law and Forum. This Agreement is governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts-of-law provisions. All actions, claims, or disputes arising under or relating to this Agreement or your use of the site shall be brought solely and exclusively in the state courts of Boston, Massachusetts. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the state courts in Massachusetts. You also irrevocably waive any and all objections which you may now or hereafter have to the exercise of said jurisdictions by the state courts in Massachusetts and to the venue of any such suit, action, or proceeding, even if this results in a waiver or relinquishment by you of certain remedies, claims, or causes-of-action which you could have obtained, initiated, or asserted in other courts or venues.

27. Remedies. In order to avoid irreparable injury to us, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to an injunction and/or other equitable relief restraining such breach without us posting a bond or other security or collateral. Nothing in this Agreement shall be construed as prohibiting us from pursuing any other available remedies from you for such breach or threatened breach, including the recovery of monetary damages.

28. Notice. As we do not routinely collect your e-mail address or other personally identifiable information unless you voluntarily provide it to us, we will likely not provide you with notices about this site or any alleged or actual violations of this Agreement. However, in situations where you voluntarily provide us with your e-mail address or other personally identifiable information in order to use certain functions and features of the site, we reserve the right to provide you with notice as we deem necessary relating to your use of this site, any content you post on it, your submissions to us, this Agreement, any breach or alleged breach thereof, and other matters. In this instance, notice will be deemed to be delivered when sent to your listed e-mail address, if possible. We also reserve the right to provide notice to you via mail, courier, or through social media or other electronic means, where we in our sole discretion deem appropriate.

When you use our site and send e-mails and other electronic communications to us, you consent to receive communications from us electronically, such as e-mails, notices, and messages on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless expressly prohibited by statute.

29. Survivability. The respective rights and obligations of the parties under Sections Fifteen (15) through Eighteen (18) inclusive, and Sections Twenty-Four (24) through Twenty-Seven (27) inclusive, and as otherwise provided or reasonably construed in this Agreement, shall survive any termination or expiration of this Agreement.

30. Headings and Order. The headings and sequential order of the sections contained in this Agreement are for convenience and reference only and shall have no substantive or procedural effects in construing the provisions of this Agreement.

31. Third Party Beneficiaries. No provision of this Agreement is intended to create, and does not create, any rights in or benefits to any third party.

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