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AS THESE TERMS GOVERN YOUR RELATIONSHIP WITH POWER MINDS, INC (NFP).
CONTENT ON THE ENTITIES
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USER GENERATED CONTENT
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NATURE OF THE ENTITIES
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CONFIDENTIALITY AND NON-COMPETE
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PM is not responsible or liable for any User Generated Content or other Content posted on the Entities or for any offensive, inaccurate, unlawful or objectionable content you may encounter on or through the Entities. The Entities, User Generated Content, Content, and the materials and products on this Entities are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, PM disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. PM cannot guarantee and does not promise any specific results from use of the Entities. PM does not represent or warrant that the Entities will be uninterrupted or error-free, that any defects will be corrected, or that this Entities or the server that makes the Entities available are free of viruses or anything else harmful. To the fullest extent permitted by law, PM does not make any warranties or representations regarding the use of the materials or Content in the Entities in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Entities, loss of data or other harm of any kind that may result. PM reserves the right to change any and all Content and other items used or contained in the Entities at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
PM AND/OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS ENTITIES OR THE CONTENT OF THE ENTITIES OR THE CONDUCT OF OTHER ENTITIES USERS (WHETHER ONLINE OR OFFLINE) OR ANY USER GENERATED CONTENT, EVEN IF PM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE ENTITIES. YOUR ONLY REMEDY AGAINST PM FOR USE OF THE ENTITIES OR ANY CONTENT IS TO STOP USING THE ENTITIES. THAT SAID, IF PM IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS ENTITIES OR ANY CONTENT, PM’S LIABILITY SHALL NOT EXCEED US $100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
To begin an arbitration proceeding, you must comply with the limitations provision set forth in Section here and submit the Dispute by utilizing the forms available at http://www.adr.org, and simultaneously sending a copy of the completed form to PM at the address above. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, you agree that any such Dispute may only be instituted in a state or federal court in DuPage County, Illinois; (ii) you and PM irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) you and PM agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of Illinois, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes; and (iv) you and PM agree to waive any right to a trial by jury.
Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates any section of the Terms of Service.
Time Limitations. If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.
TRUE ORIGIN OF DIGITAL GOODS
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