Terms

Last Updated March 2018

Welcome to MOSSY OAK PROPERTIES®. This web site (www.mossyoakproperties.com) is operated by Mossy Oak Properties, Inc. (hereinafter referred to as collectively, “us”, “we” or “us”, “we” or the “Company”). By accessing or using our the www.mossyoakproperties.com web site (together with all content available through the website, the “Site”) or by posting on the Site, you (the “User”) signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use”), whether or not you are a registered member of the Site.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these Terms of Use were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

Please note that the guidelines, policies and other terms and conditions of use and sale at retail outlets owned by the Company or its affiliates, other websites operated by the Company or its affiliates and/or co-branded websites may vary.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND AN ARBITRATION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

NOTHING CONTAINED IN THIS SITE SHOULD BE PERCEIVED AS AN OFFER TO PURCHASE A MOSSY OAK PROPERTIES® FRANCHISE. OFFERS ARE MADE ONLY UPON DELIVERY OF A CURRENT MOSSY OAK PROPERTIES® FRANCHISE DISCLOSURE DOCUMENT, WHICH CONTAINS ALL RELEVANT INFORMATION CONCERNING THE COSTS, EXPENSES AND COMMITMENTS INVOLVED IN PURCHASING A FRANCHISE. SUBJECT TO AVAILABILITY, WE MAY OFFER FRANCHISES TO QUALIFIED PROSPECTS IN ALABAMA, ALASKA, ARIZONA, ARKANSAS, CALIFORNIA, COLORADO, CONNECTICUT, DELAWARE, FLORIDA, GEORGIA, IDAHO, ILLINOIS, INDIANA, IOWA, KANSAS, KENTUCKY, LOUISIANA, MAINE, MARYLAND, MASSACHUSETTS, MICHIGAN, MINNESOTA, MISSISSIPPI, MISSOURI, MONTANA, NEBRASKA, NEVADA, NEW HAMPSHIRE, NEW JERSEY, NEW MEXICO, NORTH CAROLINA, NORTH DAKOTA, OHIO, OKLAHOMA, OREGON, PENNSYLVANIA, SOUTH CAROLINA, SOUTH DAKOTA, TENNESSEE, TEXAS, UTAH, VERMONT, VIRGINIA, WEST VIRGINIA, WISCONSIN, AND WYOMING. AT THIS TIME, WE DO NOT SELL FRANCHISES IN HAWAII, NEW YORK, RHODE ISLAND, AND WASHINGTON.

PRIVACY POLICY

We care about the privacy of our Users. Click here to view the Site’s Privacy Policy. By using the Site, you are consenting to have your personal data transferred to and processed in the United States.

ELECTRONIC COMMUNICATIONS

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the 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.

ELIGIBILITY

You affirm that you have either reached the legal age of “majority” where you live, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site.

INTELLECTUAL PROPERTY RIGHTS; LIMITED LICENSE

All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of the Company, its Users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Site Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

TRADEMARKS

MOSSY OAK®, MOSSY OAK PROPERTIES®, MOSSYOAKPROPERTIES.COM and other graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of the Company in the U.S. and/or other countries. The Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

USER CONDUCT

You understand that the Site is available for your personal, non-commercial use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Company. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You agree not to harvest or collect email addresses or other contact information of Users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Site or for any other purpose. You further agree that you may not use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site.

The following is a partial list of the kind of activity that is illegal or prohibited on the Site. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this User Conduct provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

Uploading, posting, transmitting, sharing, storing or otherwise making available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
Registering for a User account on behalf of an individual other than yourself or register for a User account on behalf of any group or entity.
Impersonating any person or entity, or falsely stating or otherwise misrepresenting yourself, your age or your affiliation with any person or entity.
Uploading, posting, transmitting, sharing or otherwise making available any unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Uploading, posting, transmitting, sharing, storing or otherwise making publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
Soliciting personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes.
Uploading, posting, transmitting, sharing or otherwise making available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Intimidating, harassing or advocating the intimidation or harassment of another person.
Uploading, posting, transmitting, sharing or otherwise making available any content that we deem contains excessive violence against any person, animal or property, or promotes the use of excessive violence against any person, animal or property.
Uploading, posting, transmitting, sharing, storing or otherwise making available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
Using or attempting to use another User’s account, service or system without authorization from the Company, or create a false identity on the Site.
Uploading, posting, transmitting, sharing, storing or otherwise making available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its Users to any harm or liability of any type.

YOUR ACCOUNT

In order to access some features of the Site, you will have to create an account. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may not transfer your account to any other person. You must notify us immediately of any breach of security or unauthorized use of your account. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use. If you violate the Terms of Use, the Company has the right to deactivate your account.

You are responsible for paying any governmental taxes imposed on your use of the Site and the services offered by or through the Site, including, but not limited to, sales, use or value-added taxes.
You agree that the Company, in its sole discretion, with or without prior notice, may freeze or terminate your user name, password or use of the Site (or any part thereof) for any reason, including, without limitation, if the Company believes that you have violated or acted inconsistently with the letter or spirit of this Terms of Use.
The Company may in its sole discretion and at any time modify or discontinue providing any features or services, or any part thereof, available through the Site with or without notice. Further, you agree that the Company shall not be liable to you or any third-party for any interference with or termination of your access to the Site.

USER CONTENT

You are solely responsible for the photos, profiles, messages, notes, text, information, music, video and other content that you upload, publish or display (hereinafter, “post”) on or through the Site, or transmit to or share with other Users (collectively the “User Content”). You understand and agree that the Company may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation User Content that in the sole judgment of the Company violate this Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

You acknowledge that User Content is not confidential. You affirm that you have all necessary rights, title and interest in and to, or alternatively, hold and will continue to hold, the right to license, sell, distribute, convey, transfer, and sub-license all User Content that you supply to and through the Site and its Users in such format that is contemplated when you upload, submit or deliver the User Content to the Site and its Users. You agree that you are the person or that you have obtained the proper consents from the persons or their guardians who appear or who the likeness of appears in the User Content. You are responsible for all licensing and other fees due for the use and distribution of your User Content. You agree that the User Content and the rights and licenses that you grant under this Terms of Use (1) do not and will not violate any applicable laws, statutes, ordinances or regulations, (2) do not and will not violate any copyright or other intellectual property right (including the right of publicity or privacy) of any person or entity, and (3) do not violate any other duty or obligation that you may have to any other person or entity. You understand that we may request documentation evidencing these rights, and you agree to promptly submit this documentation.

By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sub-license) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sub-licenses of the foregoing. You may delete your User Content from the Site at any time; however, access to such deleted User Content may remain available on the Site as a result of shared entries or other features offered on the Site. In no event will the Company be responsible for deleting any User Content or returning any User Content to you. In the event that your account becomes deactivated, the Company may delete all User Content associated with the deactivated account.

COPYRIGHT COMPLAINTS

If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our designated agent as set forth below:

Name: Asif Sakhawat
Address: 26420 E. Main Street, West Point, MS 39773
Phone: 662-494-8859
email: copyrightinfringement@mossyoakproperties.com

To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

REPEAT INFRINGER POLICY

In accordance with the Digital Millennium Copyright Act and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, members who are deemed to be repeat offenders. The Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

LINKS TO THIRD PARTY SITES AND CONTENT

The Site contains (or you may be sent through the Site) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

SHARED SERVICES

The Site may now or in the future offer a feature whereby Users of the Site can share with others or post to their own member profile, videos, articles, and other Third Party Content from, and/or links to, Third Party Sites. You acknowledge and agree that your use of this feature and all links, User Content or Third Party Content shared through this feature are subject to, and will fully comply with the User Conduct rules set forth above and the other terms and conditions set forth in these Terms of Use.

USER DISPUTES

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

DISCLAIMERS

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, SUBSIDIARIES AND EACH OF THE FOREGOING’S MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

The Site may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User Content or other communications or content uploaded, posted, transmitted, shared or stored on the Site. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or the Site or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Site.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, SUBSIDIARIES AND EACH OF THE FOREGOING’S MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Site is controlled and offered by the Company from its facilities in the United States of America. The Company makes no representations that the Site is appropriate or available for use in other locations. Any offer for any feature, product or service made through the Site is void where prohibited by local law, rules or regulations. Those who access or use the Site from outside the United States do so at their own volition and are solely responsible for compliance with all applicable local, regional and national laws.

INDEMNITY

You agree to defend, indemnify and hold harmless the Company, its affiliates, subsidiaries and each of the foregoing’s members, shareholders, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.

ARBITRATION

YOU AND THE COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE AND THE SITE (INCLUDING YOUR VISIT TO OR USE OF THE SITE) SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief.

Arbitration under these Terms of Use shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes ( the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

MISCELLANEOUS

You agree that: (i) the Site shall be deemed solely based in Mississippi; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than Mississippi. These Terms of Use shall be governed by the internal substantive laws of the State of Mississippi, without respect to its conflict of laws principles. These Terms of Use, together with the Privacy Policy and any other legal notices published by the Company on the Site, shall constitute the entire agreement between you and the Company concerning the Site. If any provision of these Terms of Use is deemed invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.

YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE (INCLUDING YOUR VISIT TO OR USE OF THE SITE) MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.