Bolton Management, LLC

Terms of Use

Welcome, and thanks for using Hair Transplant Society. When you use our website and services, you are agreeing to our terms and conditions, so please take a few minutes to read over the Terms of Use below.

Note: You are entering into a legally binding agreement

Last Modified on June 21, 2013

1. About Us and These Terms of Use

Bolton Management, LLC (the "Company") provides its users a platform to provide reviews and rate a variety of service providers (the "Service Providers") and provides them the opportunity to read about the experiences other users have had with various Service Providers on our website ("Website").

The following terms and conditions, together with any documents they expressly incorporate by reference (the "Terms of Use"), govern your access to and use of our Website, including any content, functionality and services offered on or through the Website. In order to use the Services (as defined below) and our Website, you must read and accept these Terms of Use, which may be revised and updated by the Company from time to time at our sole discretion.

By clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy found on our Website Privacy Policy, which is incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

2. Registering on our Website

To access our Website or use our Service, you may be asked to provide certain registration details or other information. As a condition of your use of the Service, you agree to (a) provide the Company with true, accurate, current and complete information as prompted by the Company’s registration forms, when registering for or using the Service and (b) update and maintain the truthfulness, accuracy and completeness of such information. You agree that all information you provide to register with our Website or otherwise, including but not limited through the use of any interactive features of the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

3. Your Eligibility to Enter into our Website

Our Website is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using our Website, you represent 2 and warrant that you meet both of the foregoing eligibility requirements. If you do not meet both of these requirements, you must not access or use the Website.

The owner of this Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

4. You Will Keep Your Password a Secret

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You are solely responsible for all activities that occur under your user name, password and other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password and any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms of Use.

5. Your Right to Access the Website

By agreeing to the Terms of Use, the Company grants you a limited license to access and use the reviews and ratings offered by the Service. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose the reviews and ratings and any content, without the express written consent of the Company.

6. Your Content Will Be Truthful and Will be Based on Actual Experiences

In order for you to submit your own reviews and ratings on the Website you acknowledge and agree that (i) all of your reviews and ratings will either be based upon your actual first-hand experiences with the Service Providers you are reviewing; (ii) all of your reviews and ratings of the Service Providers that you are rating will be accurate, truthful and complete in all respects; and (iii) you are not affiliated with any of the Service Providers (or any of its competitors) for which you submit reviews and ratings.

7. Your Granting Us A License To The Content

Although the Company does not claim ownership of any of the reviews, ratings, communications, information, data, text or other materials you give us (collectively, the "Content"), by providing Content for the Website you automatically grant, and you represent and warrant that you understand that any Content you post to the website will be considered nonconfidential and non-proprietary and that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website by any other party.

8. We Do Not Guarantee the Accuracy of the Content

The Company does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. Furthermore, we do not undertake to review all material before it is posted to this Website, and cannot ensure prompt removal of objectionable material after it has been posted. You acknowledge that the Company simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content ("Service Provider Content"). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Website, are the sole responsibility of the person from whom such content originated. You understand that the Company does not control, and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content and Service Provider Content.

You further acknowledge that the Company has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other Company member or any Service Provider. However, the Company reserves the right to review and delete any Content that, in its sole judgment, violates the Terms of Use. Furthermore, the Company has the right to take any action with respect to any Content or Service Provider Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content or Service Provider Content violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company. By using the Service, you agree that it is solely your responsibility to evaluate your risks associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will the Company be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or 4 otherwise conveyed via the Service. You waive the right to bring or assert any claim against the Company relating to Content or Service Provider Content, and release the Company from any and all liability for or relating to any Content or Service Provider Content.

9. We Are Not Responsible for Third-Party Content and You Should Be Careful of Your Reliance on Such Content

The Company does not endorse and is not responsible or liable for any Content, Service Provider Content, data, advertising, products, goods or services available or unavailable from, or through, any Service Providers. You agree that if you use or rely on such content, Service Provider Content, data, advertisement, products, goods or services, available or unavailable from, or through any Service Provider, the Company is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider, conditions, representations or warranties associated with such dealings, are between you and such Service Provider exclusively and do not involve the Company. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers.

You agree that the Company is not responsible for the accessibility or unavailability of any Service Provider or for your interactions and dealings with them, waive the right to bring or assert any claim against the Company relating to any interactions or dealings with any Service Provider, and release the Company from any and all liability for or relating to any interactions or dealings with Service Providers.

The contents of the Website, such as text, graphics, images, information obtained from the Company, and other material contained on the Company Website ("Website Content") are for informational purposes only. The Website 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 the Website. If you think you may have a medical emergency, call your doctor or 911 immediately. The Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. The Company is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by the Company, the Company’s employees, others appearing on the Website at the invitation of the Company, or other visitors to the Website is solely at your own risk. The Content may contain health-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Website.

You should be aware that if you post any health-related information about yourself or anyone else on this Website, you do so at your own risk. If you post Content about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual and related to the Website Content from that individual’s health care providers and that you have the legal authority to further disclose such health 5 information. If you post health-related information, you will be placing it into the public domain and it will not be protected by any federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Service Provider Content that contain your private or confidential health information in response to Content you submit. The Company is not liable for any such Service Provider Content. Please see Section 8 above for more information about the Company’s responsibilities related to Service Provider Content. Except as otherwise provided in these Terms of Use, neither the Company, nor any of its users, has any legal obligation to keep your health information confidential if you post it to this Website and it may be used for purposes that are unintended by you or the Company.

10. What You Should Do and Not Do!

As a condition to access the Website and Service, you agree to observe the following:

Do undertake the following:

• Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
• Provide accurate information to us and update it as necessary;
• Review and comply with our Privacy Policy;
• Review and comply with notices sent by the Company concerning the Website and Service;
• Use the Website and Service in a professional manner; and
• Provide honest ratings and reviews based on firsthand experience with Service Providers.

B. Don’t undertake the following:

• Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable Content;
• Publish inaccurate information;
• Harass, abuse or harm another person, including sending unwelcomed communications to others using the Website;
• Use or attempt to use another users account or create a false identity on the Website;
• Post, transmit or otherwise make available or initiate any Content that:
  • Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting yourself;
  • Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
  • Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships;
  • Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights; or
  • Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of our or any user of ours.
• Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Website (excluding Content posted by you) except as permitted herein or as expressly authorized by the Company,
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Service, or any part thereof;
• Remove any copyright, trademark or other proprietary rights notices contained in or on the Website, including those of both the Company and any of its licensors;
• Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Website;
• Attempt to or actually override any security component included in or underlying the Website;
• Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including, but not limited to, sending unsolicited communications to other users, attempting to gain unauthorized access to the Website, or transmitting or activating computer viruses through or on the Website; and/or
• Interfere or disrupt the Website.

The reviews and ratings that you provide do not reflect the views of the Company, its officers, managers, owners, employees, agents, designees or other users. In addition, the Company retains the right, in its sole discretion, to determine whether or not your use of the Service is consistent with the terms and conditions of these Terms of Use. The Company may suspend, restrict or terminate your use of the Service and refuse any future use of all or portions of the Service if your use breaches or fails to comply with any of the terms and conditions of these Terms of Use. Additionally, the Company may seek any and all other remedies available to it, including (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of these Terms of Use; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of these Terms of Use.

11. You are Subject to the Privacy Policy

All information we collect on the Website is subject to our Privacy Policy. By using this Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

12. Your Service May Be Terminated

If the Company deems it necessary, in its sole discretion, the Company may immediately terminate these Terms of Use, your account and your access to the Service and Website. Termination of your account will include removal of your access to all offerings of the Service and Website, deletion of your password, deletion of all related information and files, may include the deletion of the Content associated with your account (or any part thereof), and barring your further use of the Service and Website. You may terminate the Service at any time.

13. Our Website May Be Changed or Discontinued

The Company will have the right to revise and update the terms and conditions of these Terms of Use in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted to the Website. The Company will make note of the date of the last update on the first page of these Terms of Use. You are responsible for reviewing these Terms of Use frequently so that you are aware of any changes, as they are binding on you. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. If you are dissatisfied as a result of such modification(s), your only recourse is to immediately discontinue use of the Website.

The Company reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of the Service. You agree that the Company will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. You agree that the Company may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Service in a given period of time. You agree that the Company has no responsibility or liability for the deletion or failure to store any reviews, ratings and other communications maintained or transmitted by or through the Service. You agree that the Company has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. The Company is not responsible for any delays, failures or other damage resulting from such problems. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

14. You May Link to the Website Under Certain Circumstances

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Website may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on this Website; send emails or other communications with certain content, or links to certain content, on this Website; or cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Subject to the foregoing, you shall not establish a link to any website that is not owned by you; cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; link to any part of the Website other than the homepage; or otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or in which you make certain content accessible, must comply in all respects with the Content or Service Provider Content standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

15. Certain Copyright Rights

Aside from user-submitted Content and Service Provider Content, all other materials and other information on the Website, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software are the exclusive property of the Company and/or its licensors and are protected by all United States and international copyright laws.

If you believe that any Content or Service Provider Content violate your copyright, please email the Company immediately at info@hairtransplantsociety.com. It is the policy of the Company to terminate the user accounts of repeat infringers.

16. We Disclaim Legal Liability for Certain Aspects of the Website and Service

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGHT HE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. THE COMPANY AND ANY PERSON ASSOCIATED WITH THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR NEEDS OR EXPECTATIONS, (B) THE SERVICE 9 WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR THE COMPANY COLLECTS WILL NOT BE DISCLOSED, (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED OR (F) THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK.

YOU FURTHER UNDERSTAND AND AGREE THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Our Liability To You Is Limited

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIERCTORS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATTED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (COLLECTIVELY, "DAMAGES"), RESULTING FROM OR IN CONNECTION WITH: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS 10 OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY THE COMPANY OR THE FAILURE OF THE COMPANY TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. You Will Pay Us For Any Losses That You Cause Us

You agree to indemnify, defend and hold harmless the Company, its affiliates, employees, agents, officers, licensors and service providers, and its and their respective officers, directors, managers, owners, employees, agents, contractors, designees, users, successors, assigns, licensors and suppliers from and against all losses, liabilities, expenses, damages, claims, demands, judgments, awards and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you or your use of the Website, including, but not limited to, your Content; (b) the inaccurate or untruthful Content or other information provided by you to the Company or that you submit, transmit or otherwise make available through the Service; (c) any intentional or willful violation of any rights of another or harm you may have caused to another; (d) any use of the Website’s content, services or products other than as expressly authorized in these Terms of Use; or (e) your use of any information obtained from the Website. The Company will have sole control of the defense of any such damage or claim.

19. How Do We Provide Notice?

You agree that the Company may communicate any notices to you under these Terms of Use, through electronic mail, regular mail or posting the notices on the Website. Unless specifically noted otherwise hereunder, all notices to the Company will be provided by either sending: (i) an email to info@hairtransplantsociety.com; or (ii) a letter, first class certified mail, to the Company at 8115 Isabella Lane, Suite 6, Brentwood, TN 37027. Such notices will be deemed delivered upon the earlier of the verification of delivery or two business days after being sent. Any notice that you provide not in compliance with this section shall have no legal effect.

20. Entire Agreement

These Terms of Use and our Privacy Policy and governs your use of the Service and constitutes the entire agreement between you and the Company. It supersedes any prior or contemporaneous understandings, negotiations, discussions, representations, warranties or agreements, whether written or oral, between you and the Company regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to the Company under these Terms of Use.

21. What Law Governs this Agreement?

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). You agree and consent to the exclusive jurisdiction of the state or federal courts located in Broward County, Florida, for any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website and waive any and all objections and defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that the Company may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or these Terms of Use shall be filed within one year after such claim or cause of action arose or will forever be barred.

22. Provisions Remaining in Effect

In the event your membership with the Company is terminated or lapses or you are no longer a user of the Website, certain provisions of these Terms of Use will continue to remain in effect, including, but not limited to, Sections 7, 11 and 16 through 22.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THESE TERMS OF USE AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF THESE TERMS OF USE.