SweetSlap

Terms & Conditions of Use

SweetSlap
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

1. Electronic Agreement. These Terms and Conditions of Use (this “Agreement”) is an electronic contract that sets out the legally binding terms of your use of the SweetSlap.com website (“SweetSlap.com” or the “Site”) and your membership in the Service. This Agreement may be modified by SweetSlap, Inc. (“SweetSlap”) from time to time, such modifications to be effective upon posting by SweetSlap on the Site. This Agreement includes SweetSlap’s Privacy Policy, the terms of which are incorporated herein by reference and any notices regarding the Site. By accessing the Site or by becoming a member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein. If you do not agree to all of these Terms and Conditions of Use, do not use this site.

2. Description of Service. SweetSlap provides users/members with access to a collection of resources regarding romance and relationships which may be accessed through any various media or device now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for SweetSlap to provide the Service. You also understand and agree that the Service may include certain communications from SweetSlap, such as service announcements, administrative messages and the SweetSlap Newsletter. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Agreement. You understand and agree that the Service is provided "AS-IS" and that SweetSlap assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. SweetSlap Does Not Provide Medical Advice. The contents of the Site, such as text, graphics, images, information obtained from SweetSlap’s licensors, and other material contained on the Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on SweetSlap.com. If you think you may have a medical emergency, call your doctor or 911 immediately. SweetSlap does not recommend or endorse any specific tests, actions, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by SweetSlap, SweetSlap employees, others appearing on the Site at the invitation of SweetSlap, or other visitors to the Site is solely at your own risk. The Site may contain materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

a. General, Educational Content. You understand that the resources contained on the Site, including the advice generated based on responses to profile questions and other information provided by you, are for informational purposes only. The content is generalized, non-individualized information designed for self-help purposes. You understand that this is not a personality test, which can only be administered on an individual basis under the supervision of a professional licensed to administer and interpret such tests. The responses you provide in various questionnaires are not reviewed by anyone, and the Content that is provided is not specific to you. The information is not provided as health care or therapeutic advice and it is not intended to diagnose, evaluate or treat any individual’s mental health or emotional condition, or to substitute for consultation with a mental health care professional. Never disregard medical or psychological advice or delay in seeking it because of something you have read on SweetSlap.com.

b. Self-Reporting. You understand that the usefulness of SweetSlap.com will depend in part on the insight and candidness of each participant. You understand that SweetSlap.com is an informational site for entertainment and general relationship enhancement based on self-reported perceptions which may not be accurate because of poor insight or purposeful manipulation.

c. Member’s Self-Selected Choices. You understand that no one is recommending to you any person or action with regard to any person. Your interactions with other people are based on your personal decisions for which you alone are responsible. You understand that you are responsible for protecting yourself and your personal and financial information, that you are not entrusting that responsibility to anyone else, and that you understand that nothing on SweetSlap.com is designed to or should be expected to do any of that for you.

4. Eligibility. You must be at least eighteen (18) years of age to register as a member of SweetSlap.com or use the SweetSlap.com website. Membership is void where prohibited. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

5. Use of Content. SweetSlap authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright (c) 2007, SweetSlap, Inc. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference. The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with SweetSlap or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of SweetSlap. All rights not expressly granted herein are reserved to SweetSlap and its licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

6. Liability of SweetSlap and its Licensors.
The use of the Site and the Content is at your own risk. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE AND THE SITE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SWEETSLAP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. SWEETSLAP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SWEETSLAP OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT

e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

7. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SWEETSLAP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SWEETSLAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

8. User Submissions. The personal information you submit to SweetSlap is governed by the SweetSlap Privacy Policy. To the extent there is an inconsistency between this Agreement and the SweetSlap Privacy Policy, this Agreement shall govern.

a. You agree that you will not upload or transmit any communications or content of any type to any public area that infringe or violate any rights of any party. By submitting communications or content to the public areas, you agree that such submission is non-confidential for all purposes.

b. If you make any such submission, you agree that you will not send or transmit to SweetSlap by email, (including through the email addresses listed on the “Contact Us” link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to SweetSlap by email, you agree such submission is non-confidential for all purposes.

c. If you make any submission to a public area or if you submit any business information, idea, concept or invention to SweetSlap by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted- SweetSlap a royalty-free, perpetual, irrevocable, fully sublicensable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. SweetSlap may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the public areas or to SweetSlap by email.

9. Passwords. SweetSlap has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your SweetSlap passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your SweetSlap account and password; (3) promptly inform SweetSlap of any need to deactivate a password. You grant SweetSlap and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. SweetSlap cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using SweetSlap tools and services.

10. Public Areas. If you use a public area, including but not limited to bulletin boards or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the public areas. SweetSlap and its licensors are not responsible for the consequences of any communications in the public areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. In consideration of being allowed to use the public areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

a. Using a public area for any purpose in violation of local, state, national, or international laws;
b. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
c. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by SweetSlap in its sole discretion;
d. Posting advertisements or solicitations of business;
e. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
f. Posting chain letters or pyramid schemes;
g. Impersonating another person;
h. Distributing viruses or other harmful computer code;
i. Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
j. Allowing any other person or entity to use your identification for posting or viewing comments
k. Posting the same note more than once or “spamming”; or
l. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the public area or the Site, or which, in the judgment of SweetSlap, exposes SweetSlap or any of its customers or suppliers to any potential liability or detriment of any type.

SweetSlap reserves the right (but is not obligated) to do any or all of the following:

a. Record the dialogue in public chat rooms.
b. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
c. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
d. Terminate a user’s access to any or all public areas and/or the SweetSlap Site upon any breach of these Terms and Conditions.
e. Monitor, edit, or disclose any communication in the public areas.
f. Edit or delete any communication(s) posted on the SweetSlap Site, regardless of whether such communication(s) violate these standards.

SweetSlap or its licensors have no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.

11. Subscriptions; Charges on Your Billing Account. a. General. SweetSlap bills you through an online account (your “Billing Account”) for use of the Service. You agree to pay SweetSlap and/or its agent all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize SweetSlap and/or its agents to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. SweetSlap reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

b. Recurring Billing. Most subscription plans to the Service consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. SWEETSLAP OR ITS AGENTS MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE TO CCBILL.COM THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE SWEETSLAP REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, CONTACT CCBILL AT 1-888-596-9279 OR ON THEIR WEBSITE AT WWW.CCBILL.COM.

c. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY SWEETSLAP OR CCBILL IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE SWEETSLAP ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT SWEETSLAP MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY SWEETSLAP).

d. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”). If SweetSlap does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.

e. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and SweetSlap shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that SweetSlap may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

f. Auto-renewal. Your SweetSlap subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, you must contact our CCBill at 1-888-596-9279 or on their website at CCBill.com. If you resign, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

g. Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that SweetSlap and/or its agent is authorized to charge your Payment Method. SweetSlap and/or its agent may submit those charges for payment and you will be responsible for such charges. This does not waive SweetSlap’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.

h. Free Trials and Other Promotions. Any free trial or other promotion that provides access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact SweetSlap to have the charges reversed.

12. Modifications to Service. SweetSlap reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SweetSlap shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. Blocking of IP Addresses. In order to protect the integrity of the Service, SweetSlap reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Site.

14. Links. SweetSlap may provide links to third-party web sites. SweetSlap also may select certain sites as priority responses to search terms you enter and SweetSlap may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. SweetSlap does not recommend and does not endorse the content on any third-party websites. SweetSlap is not responsible for the content of linked third-party sites, sites framed within the SweetSlap Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Because SweetSlap has no control over such sites and resources, you acknowledge and agree that SweetSlap is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that SweetSlap shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.

15. Indemnity. You agree to defend, indemnify, and hold SweetSlap, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

16. Term. This Agreement will remain in full force and effect while you use the Site and/or are a member. You may terminate your membership and/or subscription at any time, for any reason, by notifying CCBill.com as noted above. If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination). If SweetSlap terminates your membership because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of SweetSlap. SweetSlap is not required to provide you notice prior to terminating your membership and/or subscription. SweetSlap is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination, including but not limited to, Liability of SweetSlap and its Licensors; User Submissions; Indemnity; Exclusive Jurisdiction and Venue; and Complete Agreement.

17. Non-commercial Use by Members. SweetSlap.com is for the personal use of individual members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members and should not use the Service or the Site for any purpose. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Site is with the permission of SweetSlap, which may be revoked at any time, for any reason, in SweetSlap’s sole discretion.

18. Territorial Access. SweetSlap is based in the State of Florida, in the United States of America. SweetSlap makes no claims that SweetSlap, the Site and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the SweetSlap Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

19. Notifications. Any notice, demand, consent, election, offer, approval, request, or other communication (collectively a “Notice”) required or permitted under this Agreement must be in writing. SweetSlap may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the Site.

20. Complete Agreement. This Agreement constitutes the complete and exclusive statement of the agreement of the parties hereto with respect to the subject matter thereof. It supersedes all prior written and oral statements, including any prior representation, statement, condition, or warranty. Except as expressly provided otherwise herein, this Agreement may not be amended without the written consent of all parties hereto.

21. Applicable Law. All questions concerning the construction, validity, and interpretation of this Agreement and the performance of the obligations imposed by this Agreement shall be governed by the law of the State of Florida.

22. Section and Section Titles. The headings herein are inserted as a matter of convenience only and do not define, limit, or describe the scope of this Agreement or the intent of the provisions hereof.

23. Binding Provisions. This Agreement is binding upon, and inures to the benefit of, the parties hereto and their respective heirs, executors, administrators, personal and legal representatives, successors, and permitted assigns.

24. Exclusive Jurisdiction and Venue. Any suit involving any dispute or matter arising under this Agreement or relating to the organization or operation of the Company may only be brought in the 11th Judicial Circuit Court or County Court of Miami-Dade County, State of Florida having jurisdiction over the subject matter of the dispute or matter. You and SweetSlap hereby consent to the exercise of personal jurisdiction by any such court with respect to any such proceeding and waive any objection to venue or inconvenient forum. YOU AND SWEETSLAP HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES, THIS AGREEMENT, ANY OTHER AGREEMENT OR INSTRUMENT DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

25. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

26. No Third Party Benefit. The provisions and covenants set forth in this Agreement are made solely for the benefit of the parties to this Agreement and are not for the benefit of any other person, and no other person shall have any right to enforce these provisions and covenants against any party to this Agreement.

27. Terms. Common nouns and pronouns shall be deemed to refer to the masculine, feminine, neuter, singular, and plural, as the identity of the Person may in the context require.

28. Separability of Provisions. Each provision of this Agreement shall be considered separable; and if, for any reason, any provision or provisions herein are determined to be invalid and contrary to any existing or future law, such invalidity shall not impair the operation of or affect those portions of this Agreement, which are valid.