RIPPLE100

This Terms of Service Agreement (the “Agreement”) establishes the terms and conditions applicable to your use of the Service (as defined below) offered by Ripple100, LLC (“Ripple100” or “we”). By clicking the "accept" button displayed as part of the registration or by using the Service or any portion of the Service, you accept and agree to be bound by the terms and conditions of this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must select the "decline" button and may not use the Service.

BETA TEST WARNING. Ripple’s website and Service are currently in their beta version and are still undergoing beta testing. You understand and agree that the Service may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Service at this stage signifies your understanding of and agreement to participate in the Service's beta testing.

1. Definitions. As used in this Agreement, the following terms have the following meanings.

“Content” includes any work authored, owned by or licensed to a User, including, but not limited to, text, graphics, sounds, videos, objects, script, code, software, applications or other media.

“Guest” means a user of the Service who is not registered as a Publisher.

“Indemnified Party” means Ripple100 and our subsidiaries, affiliates, officers, directors, managers, members, agents, co-branders or other partners, and employees.

“IP Rights” of any person include intellectual property rights, whether pursuant to patents, patents pending or patent applications; trademarks or trade names, whether or not registered, or applications for either; copyrights, whether or not registered; trade secrets; rights of privacy or pursuant to obligations of confidentiality (regarding information learned or disclosed as part of employment relationships, under nondisclosure agreements or otherwise); or any other similar proprietary right in and to any property whatsoever.

“Publisher” means a user of the Service who is registered. Publishers are permitted to Upload such Content as their particular registration and subscription to Services permit.

“Ripple” means a marketing campaign that is created, published, and disseminated using the Ripple100 platform.

“Ripple Publishers” are registered Publishers who Upload Ripples.

“Service” or “Services” means the Services described in Section 2, including the Ripple100 web site and all related functionality and Services.

“Upload” means to upload, post, publish, transmit or otherwise make available to, through, on to or over the Service, whether in a Ripple, a comment or otherwise in any manner whatsoever.

“User” means you and any other user of the Service, whether a Publisher, a Guest or both.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

2. Description of Service.

Ripple100’s product is a software and media application for participative marketing campaigns. Ripple100’s product, the software and code that run that product, the services the product provides, the website on which the product resides and operates and all amendments, upgrades, additional features, modifications are referred to as the “Service” or the “Services.”

Some of the Services (e.g., those generally available to Ripple Publishers) are only available upon payment of a fee. We reserve the right to change from time to time those Services we offer free and those for which we charge, and those available generally to Ripple Publishers, those available to all Publishers and those available to all Users.

3. Registration. You can read, search, filter, follow, share and perform many functions in Ripple100 as a Guest without registering. Guests remain subject, however, to the terms of this Agreement by virtue of their use of the Services. However, in order to use certain Services, including publishing any Ripple, using any other any publishing service or otherwise Uploading any Content, you must register with us. In order to register as a Publisher, you must provide the basic information requested by us, including but not limited to a valid email address and password. If you are a Ripple Publisher or otherwise subscribed to Services available only by payment of a fee, you must also provide information concerning your means of payment. By providing us with the requested information, you agree that the information you provide is true, accurate, current and complete agree to update your registration data to keep it true, accurate, current and complete.

4. Password. During registration, you shall choose a password for your account, and may change your password from time to time. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account. You agree to notify us promptly in writing of any unauthorized use of your password or account or any other breach of security and to properly exit from your account at the end of each session.

5. Fees. A Guest may use those Services available to Guests free of charge, but may not Upload Ripples or any other Content and may not use Services available only to Publishers.

Some of features on the Service require payment of fees. If you elect to subscribe to these services, you agree to pay all applicable fees, as described on the Service. We reserve the right to change our prices and at any time, but agree to maintain our pricing for the specified period if specified in connection with a particular Service or special offer. You authorize us directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information. You also authorize us to charge your credit card, debit card, bank account, PayPal account or other account information that you disclose to us for purposes of making payment for any initial or recurring charges.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you under this Agreement.

6. Advertisements. Generally, Ripples will not be accompanied by or associated with advertising unless the Ripple Publisher subscribes to a Service on which advertising is expressly permitted. We may include any advertisement for any product or Service in any space in which the Publisher by agreement accepts advertising.

Moreover, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

7. Ownership of Your Content. By Uploading any Content to the Service, you represent and warrant to us that either you own the Content and the right to use the Content or that the use of the Content for the purposes set forth in this Agreement has been validly licensed to you. You further represent and warrant your granting the license to us to use the Content as provided in this Agreement will not interfere with or infringe in any manner upon the ownership, license or other IP Rights or other rights of any other person or entity. We do not claim ownership of any Content you place on the Service.

8. License to Us of Your Content. By submitting Content to us for inclusion on our Service, you grant Ripple100 a world-wide, royalty-free, non-exclusive, sub-licensable, transferable and irrevocable license to use, publish, reproduce, modify, adapt and distribute and make derivative works from the Content, but only for the purpose of the Service.

You agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to claims that any Content violates the rights of third parties or protect the rights, property, or personal safety of the Service, our Users and the public.

Additionally, you understand and agree that your Content that is displayed on the Service may continue to appear on the Service even after you have terminated your registration or service, ceased to be a User, or terminated this Agreement. Moreover, portions of your Content may have been incorporated into comments, RSS feeds or other features of the Service.

In addition to the rights, licenses and privileges referred to above, you agree that we, in our discretion, may use and refer to your trademarks, service marks, trade names, logos, domain names and other distinctive brand features or identification in marketing materials, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the Services.

9. Content of Other Users. You understand that all Content on the Service is the sole responsibility of the person from which such Content originated. We do not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Moreover, the inclusion on the Service of Content relating to any good or service sold or provided by any User does not constitute an endorsement of such good or service by us. Your correspondence or business dealings with, or participation in promotions of, other Users found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other User. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of the Content on the Service.

You understand that by using the Service, you may be exposed to Content that you may find offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not screen Content, You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You agree that you may not rely on any Content submitted to us.

If you believe that Content of other Users is offensive, objectionable, indecent, illegal, infringes upon the rights of others or otherwise violates this Agreement, you may contact us in writing to complain. In any event, we may (but are not required to) in our sole discretion, move or delete any Content that is available via the Service or otherwise exercise our rights against the supplier or owner of such Content.

Under no circumstances will we be liable for the acts or omissions of a User or other third party.

10. Our Proprietary Rights; License to You. During and subject to the terms and conditions of this Agreement, Ripple100 hereby grants you a limited, non-exclusive, non-sublicensable, freely revocable license to access and use the Services for their intended purposes. If you are a Guest, your license is only available for the Services available to Guests. If you are a Publisher, your license extends to all Services available to Guests and to any other Services covered by your registration and (if applicable) the payment of our fee. Aside from the foregoing limited license, you acknowledge that you shall acquire no rights in the any software or code used by the website or in providing the Services or in any Ripple100 IP Rights. You agree that, as between you and us, all the IP Rights in the Services other than Content, are owned by us or by our licensors.

11. License Restrictions. Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:

(a) run, rent, lease, loan, or sell access to the Services or any of our IP Rights;

(b) decompile, reverse engineer or attempt to access the source code of the software underlying the Services;

(c) copy, archive, store, reproduce, rearrange, modify, adapt, download, Upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any technology, information, code or other matter in which we have IP Rights (except your own Content);

(d) access the Services or our website or technology to build a product using similar ideas, features, functions, interface or graphics of the Services;

(e) access (or attempt to access) any Service by any means other than as permitted in this Agreement and the terms of the particular Services for which you have paid or registered;

(f) circumvent, disable or otherwise interfere with security related features protecting the Services, interfere with the proper working of the Services or prevent others from using the Services; or

(g) delete any copyright, trade mark, service mark or other other proprietary rights notices on the Services or our website.

12. Ripple100 Trademarks and Trade Dress. Our trademarks, logos, images, service marks, trade names and other distinctive branding features and IP Rights used on the Services are our trademarks, and may not be used without permission. We do not grant you any license in any IP Right to these trademarks. Other trademarks, logos, and trade names that may appear on the Services are the property of their respective owners.

13. Links. The Service may provide, or other Users or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources and we do not endorse and are not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that we 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.

14. Children. Children under the age of 13 years may not use the Service. Children under the age of 18 years may not be Publishers. If we become aware that a user under the age of 13 years of age has registered on this site, we will take appropriate steps to assure that all personal information related to that child is deleted from the Service. If you are the parent of a child under the age of 13 who has registered on the Service, please contact us to have your child’s registration terminated and personal information deleted.

15. Your Interactions with Other Users. Your interactions with other Users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User. Like with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any User or other third party, we are under no obligation to become involved. You release Ripple100, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect

16. Service Interruptions and Changes. You understand that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service (whether as a result of our actions or actions of third parties).

17. Digital Millennium Copyright Act. We respect the IP Rights of others. We do not independently confirm that all Content made available through the Service is provided by a valid rights holder. If you believe that your work has been copied or published in a way that constitutes copyright infringement, please provide us the following information:

(a) a description of the copyrighted work or other IP Rights that you claim has or have been infringed;

(b) a description of where the material that you claim is infringing is located or found on our website;

(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf; and

(f) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other IP Rights;

If we receive such a notice of infringement above concerning Content that you have made available through the Service or otherwise become aware that you are not a valid rights holder of Content that you have published on or otherwise made available through the Service, we may contact you and direct you to take-down the Content. In the event you fail to respond promptly to our take-down notice or when we otherwise determines that such action is advisable, we may also remove, delete or disable access to or publication of such Content without further notice to you.

If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use your Content, you may send a counter-notice containing the following information to us:

(a) identification of the Content that has been removed or to which access has been disabled and the location on our website at which the Content appeared before it was removed or disabled;

(b) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the Content;

(d) a statement that you acknowledge your agreement under Section 27 and that such agreement applies to the dispute over your Content; and

(e) your physical or electronic signature

If we receive your counter-notice, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, at our sole discretion.

18. U.S. Export Controls. You agree to comply with all applicable export and reexport control laws and regulations maintained by the United States Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control and the International Traffic in Arms Regulations maintained by the Department of State. Specifically, you agree that you shall not -- directly or indirectly -- sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such software or technology) received from us under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. You also agree not to use the Services to market, advertise, or in any other manner facilitate any transaction that would violate any of the foregoing United States laws. It is our policy to cooperate fully with all United States authorities enforcing these laws.

19. Privacy Policy. Ripple100 adheres to our stated privacy policies in dealing with our Users. Click here to review our privacy policies.

20. Rules Regarding Use of the Service. In your use of the Service, including, but not limited to, Uploading of any Content to the Service, you agree that you will not:

(a) make, in connection with any product or Service that is the subject of any Ripple, any fraudulent statement or any other knowing or reckless misstatement of fact, or fail to state a fact necessary to make other facts that you have stated not misleading;

(b) Upload any Content that is unlawful, harmful, threatening, abusive, harassing, fraudulent, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, harmful to minors or discriminatory or harassing based upon race, gender, ethnicity, religion, marital status, disability, sexual orientation or age or otherwise objectionable; that you do not have an undisputed right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information); or that infringes any IP Right of any party;

(c) Upload unsolicited commercial email or “spam;” send mass emails to recipients who haven't requested email from you or with a false or inaccurate return address; or promoting another website (other than the Service and the website attributable to a Publisher of the relevant Ripple) by posting multiple submissions in public forums that are identical;

(d) Upload 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;

(e) violate any applicable local, state, national or international law or any regulations (of any government or any self-regulatory organization) having the force of law; or offer for sale or sell any item, good or Service that (i) violates any applicable federal, state, or local law or regulation; (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations; or (iii) that we determine, in our sole discretion, is inappropriate for sale through the Service;

(f) stalk or otherwise harass another;

(g) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual;

(h) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content;

(j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; use the Service as a forwarding Service to another website;

(k) solicit passwords or personal identifying information for commercial or unlawful purposes from other users;

(l) exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other Users’ comments or Content; or

(m) make any automated use of the system.

21. Additional Policies. We may establish other policies and limits concerning use of the Services, including, but not limited to, the retention of Content, the maximum number of and size of Content files and objects, maximum disk space allotted to you, the maximum number of times and duration for which you may access the Services in a given period of time, the maximum bandwidth used by your Content, and the maximum CPU power used by your Content. Our policies constitute limitations on the license granted to your to use the Service, and violation of our policies may result in the remedies described in Section 22.

22. Remedies for Breach of This Agreement. If you violate the terms of this Agreement in any way, in addition to any remedies we may have at law or in equity, we may, but are not required to, do any of the following, with or without prior notice:

(a) terminate your registration with us and inactivate your User name and password(s)

(b) deny you any further access to the Service;

(d) disclose and reproduce your Content in any manner without restriction, including in response to any subpoena or other judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of us, other Users or the general public.

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

23. Termination. You may terminate your registration at any time by written notice to us. You agree that we, in our sole discretion, may terminate your registration, inactivate your User name and password(s) deny you further access to the Service and delete or discard all or any portion of your Content from the Service at any time and for any reason, including lack of use, with or without notice. You agree that we shall not be liable to you or any third party for any action by us.

If we or you terminate your registration, you shall be liable for any unpaid amounts you have not yet paid under any payment plan you have with us, but, except as you have otherwise agreed, you shall not be liable for any regular periodic service charges relating to periods after the end of the last day of the month in which you terminated your registration. Your other acknowledgements, representations, warranties and covenants under this Agreement, our disclaimers under this Agreement and, in particular, the provisions of Section 24 will survive any termination of your Service. You agree that your Content that is displayed on the Service may continue to appear on the Service even after you have terminated your registration. However, we reserve the right to delete or discard all or any portion of your Content from the Service with or without notice and you agree that we shall have no liability for doing so.

We may discontinue providing the Service at any time and for any reason, with or without notice, without further liability to you.

24. Indemnity. You agree to indemnify and hold harmless each Indemnified Party from and against any losses, damages, liabilities, obligations, costs, penalties, fines, taxes, impositions and expenses of any kind or nature whatsoever (including, without limitation, reasonable attorneys' fees, costs and expenses), any claims, proceedings, suits or investigations (whether or not such claims are valid) incurred by or asserted against any Indemnified Party, at any time, whether direct, indirect or consequential, as a result of or arising from or in any way relating to

(a) your Content;

(b) your use of any third party applications;

(d) your violation or breach or alleged violation or breach of this Agreement;

(e) your violation of any rights (including IP Rights) of a third party;

(f) your use or misuse of any User data; and

(g) your breach or alleged breach of any agreement or policy between you and other Users;

in each case, whether you are a registered User or not. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify any Indemnified Party and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

25. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) 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; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (d) ANY OTHER MATTER RELATING TO THE SERVICE.

26. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIMS 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) WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, SOFTWARE DEFECTS, UNDOCMENTTED FEATURES, OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR CONTENT. WE DO NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC 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 OR AS A RESULT OF CONTENT ON 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 DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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 THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

(e) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.

27. GOVERNING LAW; CONSENT TO JURISDICTION.

(a) THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF CONNECTICUT, WTHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW ATHAT WOULD REQUIRE THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.

(b) THE USER WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR TRANSACTIONS CONTEMPLATED HEREBY.

(c) ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR TRANSACTIONS CONTEMPLATED HEREBY MAY BE BROUGHT BY ANY PARTY IN ANY STATE OR FEDERAL COURT LOCATED IN NEW HAVEN, CONNECTICUT AS HAS SUBKJECT MATTER JURISDICTION AND AS SUCH PARTY MAY IN ITS SOLE DISCRETION ELECT. YOU IRREVOCABLY AND UNCONDITIONALLY SUBMIT TO THE JURISDICTION OF EACH SUCH COURT, AND AGREE NOT TO ASSERT IN ANY PROCEEDING ANY CLAIM THAT YOU ARE NOT SUBJECT TO THE JURISDICTION OF ANY SUCH COURT. YOU IRREVOCABLY WAIVE ANY OBJECTION THAT YOU MAY HAVE TO THE LAYING OF VENUE IN ANY SUCH SUIT, ACTION OR PROCEEDING AND ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

28. Miscellaneous.

(a) Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Service, this Agreement or other matters by displaying notices or links to notices to you generally on the Service.

(b) This Agreement, together with the terms of any payment plan between us, constitutes the entire agreement between you and us and governing your use of the Service, superseding any prior agreements between you and us (including, but not limited to, any prior versions of this Agreement).

(c) If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.