User Agreement for S Holdings LTD.

This policy will take effect on October 13, 2006.

Updated as of October 15, 2021.

I. Preliminary Provisions

Greetings and thank you for visiting our User Agreement (“Agreement”). This document contains crucial information regarding the usage of underscoreg.com (referred to as the “Website” or “Site”). We kindly ask you to carefully read through the entire Agreement before accepting.

A. Disclaimer

1. This site includes information about online gaming: we are journalists who write about gaming, and offer others an opportunity to express their views and opinions.

This website does not promote or endorse gambling, whether legal or illegal. It is a journalistic platform that monitors the online betting industry. All sportsbook ratings are for entertainment and educational purposes only and should not be used for gambling, financial, or any other transactions. If you are looking for biased coverage of this industry, you are on the wrong website and should leave immediately.

2. Protect yourself:

If you suspect you may have a gambling addiction.

If you think you may have a gambling problem, please refrain from accessing the information on this site. If you suspect you have a gambling problem, please exit this site immediately and seek help for your addiction. For immediate assistance, please consider the following resources:

https://www.gamblersanonymous.org/ga/

National Helpline 1-800-522-4700

b. In some regions, online gaming is prohibited by law.

Before engaging in any form of online betting, it is recommended that you consult with your local authorities. The information provided on this website should not be considered as legal advice regarding gambling activities.

Gambling should be seen as a form of entertainment, not a source of income.

Statistics irrefutably demonstrate that the vast majority of gamblers will experience financial losses in the long run.

Do not access this site if you are under the age of 18.

This website is intended for adults only. You must be 18 years or older to enter.

B. Party Definitions and Introductory Terms

1. The operative parties referred to in this Agreement are as follows:

We, the Publisher, S Holdings LTD, are responsible for the Website located at . In this Policy, when we use first-person pronouns (Us, We, Our, Ours, etc.), we are referring to ourselves as the entity and publisher of the Website. We may also be referred to as “Publisher” going forward. Furthermore, when we mention “the Site” or “Site”, we are referring to the aforementioned Website.

As the user of this Site, you will be referred to as “You” or through any second-person pronouns, such as “Yours,” etc. Going forward, the user of the Site will be addressed using applicable second-person pronouns.

2. Consideration

a. We have offered You free access to Our online publication as a form of consideration for Your agreement to all the provisions in this Agreement.

b. You acknowledge that the Consideration is sufficient and is received when you view any part of Our Website.

C. What this Agreement is:

By accessing the Site, you are entering into a legal contract with the Publisher. It is important to carefully read and understand all the terms in this Agreement as they will impact your legal rights. Your use of the Site signifies your agreement to abide by all the terms outlined in this Agreement. You cannot selectively choose which terms apply to you. If you do not agree to all the terms in this Agreement, you must discontinue using the Site and any other services offered by the Publisher.

D. Electronic Signatures / Assent Required:

Access to this Site is only permitted to those who have signed this Agreement, which can be done electronically in accordance with the E-Sign Act and similar laws. By taking any action indicating your agreement, such as clicking an “I agree” button, you are legally bound to this User Agreement as if you had physically signed a contract.

Failure to sign this Agreement means you are not authorized to use the Site, regardless of any other actions you may take. The Publisher’s actions should not be seen as a waiver of the requirement for your assent to this User Agreement. By viewing or using any part of the Site or Publisher’s services, you are still bound by the terms of this Agreement. If you do not electronically sign the Agreement, you agree to pay the Publisher $250 each time you access the Site as liquidated damages for unauthorized use, as well as cover all costs and expenses, including legal fees, incurred by the Publisher in collecting this fee from you.

E. Revisions to this User Agreement:

From time to time, We may revise this Agreement. You agree that We have this unilateral right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect.

We agree that if We change anything in this Agreement, We will change the “last modified date” at the top of this Agreement. You agree to periodically re-visit this web page, and to use the “refresh” button on Your browser when doing so. You agree to note the date of the last revision to this Agreement. If the “last modified” date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the “last modified” date has changed, then You can be certain that something in the Agreement has been changed.

If You fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for such omission and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.

II. Access and limited license

All Users have access to specific public areas of the Site. This User Agreement applies to both public and non-public areas of the Site. The Publisher gives You a limited, nonexclusive, nontransferable personal license to use the Site and its Materials. Unauthorized use of the Site or its Materials will result in immediate termination of this license. You are not allowed to copy or distribute any content from the Site. The Publisher can revoke this license at any time if You violate any part of this Agreement, and You must then delete any downloaded, printed, or copied information. Violators may be prosecuted to the fullest extent of the law.

III. Special considerations regarding minors

To use the Site or any services provided by the Publisher, you must have reached the age of majority in your jurisdiction. You confirm that you are at least 18 or 21 years old, depending on the age of majority in your jurisdiction, and that you have the legal ability to agree to this Agreement. If you are not at least 18 or 21 years old, depending on the age of majority in your jurisdiction, you must leave the Site immediately and cannot use or access the Site or download any Materials.

IV. Content

The Materials refer to the text, software, images, graphics, data, messages, or any other information found on any World Wide Website owned, operated, licensed, or controlled by the Publisher.

The Materials on this Site contain links and information about online betting and gambling, which may not be legal in some areas. It is advised that you seek advice from local authorities or a personal attorney before signing up for any online betting service. By accessing this Site and agreeing to these terms and conditions, you are waiving your right to bring any claims against Us for any issues related to your use of the Site or any linked Websites.

You are solely responsible for your actions if you choose to play or sign up for online gambling links found on Our Site. The Publisher will not be held liable for any losses, damages, or negative consequences resulting from your decision to gamble, whether due to ignorance of the law or failure to comply with it. By using our services, you agree not to blame or seek compensation from the Publisher in any circumstances related to online gambling.

d. You recognize and agree that all of the Materials on Our Site are fully protected by the First Amendment of the United States Constitution.

You are prohibited from sharing sportsbook advertisements, promotions, incentives, or banners that could prompt users to sign up for any sportsbook betting service.

If you are looking for information on illegal activities, please exit this Site immediately. By accessing the content on this Site, you acknowledge that you are familiar with the community standards, restrictions, and requirements in your local area, and will only view the content if you believe it does not violate these standards.

g. You agree to refrain from using or accessing the Site if it would result in a violation of the laws of your state, province, or country.

The owners, creators, associates, or employees of this Website will not be liable for any direct, indirect, special, incidental, or consequential damages under any circumstances or legal theory to You or any other person or entity.

V. Restrictions on use of site:

You agree to only use the Site for purposes explicitly allowed and intended by this User Agreement. Without our explicit prior written consent, you are not permitted to use the Site for any other purposes.

b. You are not allowed to without our express prior written authorization:

Duplicate any part of the Site or the Materials contained therein (except as expressly provided elsewhere in this Agreement);

Create any derivative works based on the Site or any of the Materials contained therein, and You agree and stipulate that any and all derivative works are NOT “fair use”;

Use the Site or any of the Materials contained therein for any public display, public performance, sale or rental, and You hereby agree and stipulate that any and all such uses are NOT “fair use”;

Re-distribute the Site or any of the Materials contained therein, and You hereby agree and stipulate that any and all such uses are NOT “fair use”

Remove any copyright or other proprietary notices from the Site or any of the Materials contained therein;

Frame or utilize any framing techniques in connection with the Site or any of the Materials contained therein;

Use any meta-tags or any other “hidden text” using the Site’s name or marks, and You hereby stipulate that any use of the Site’s name or marks, or any other marks owned by the Publisher is an infringement upon the Publisher’s trademark rights, and You stipulate to liquidated damages of $5000 per such infringement, plus You agree to pay any and all fees incurred in the recovery of this amount, including attorney’s fees and all associated costs.

Avoid agreement to the Site’s Terms & Conditions; You may only link to the main entry page;

Circumvent any encryption or other security tools used anywhere on the Site (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Site);

Use any data mining, bots, or similar data gathering and extraction tools on the Site;

Decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law;

Sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of Your rights to access and use the Materials as granted specifically by this Agreement; or

c. By using the Site, you agree to work with the Publisher to promptly stop any unauthorized use. You also agree not to publish, distribute, or submit any defamatory or illegal material on any areas of the Site where users can share information or communicate with each other. You are responsible for ensuring that any material you submit complies with United States and International laws, even if a claim is made after your service is terminated. Violating this agreement will result in the termination of all your rights under this Agreement by the Site.

Interference: You are not allowed to translate, reverse-engineer, decompile, disassemble, or create derivative works from any materials on the Publisher’s site without permission. You agree not to use any automated or manual methods to monitor or replicate the site or materials, and not to use any software or virus to disrupt or harm the site or its communication. Failure to comply will result in liquidated damages of $5000 plus recovery fees.

Special Provisions Regarding betting odds can be found at underscoreg.com/betting-odds/. SBR Odds is a real-time data service that offers information on betting odds.

The theory of “collective wisdom” provides that the aggregation of information provided by groups of individuals results in decisions that are often better than those that can be made by any single member of the group.

It has been suggested that this theory can predict economic events, political events, and even the likelihood of acts of terrorism.

This theory, on average, has a tendency to suggest the outcome of sporting events as well.

The SBR Odds service is provided purely for entertainment purposes.

You agree that You will not hold Us responsible for Your use of the SBR Odds feature in any way.

Special regulations pertaining to the /forum/ section:

The SBRforum page allows users to interact with each other and share information. While we may occasionally post information on the forums, we do not actively monitor or control submissions made by third parties. We reserve the right to remove any content that we deem harmful, harassing, spam, irrelevant, infringing on the rights of others, pornographic, or offensive. However, we are not obligated to constantly monitor the content of communications on our forums.

You agree to prevent minors under your care from accessing harmful or inappropriate material and to take responsible measures to ensure they do not view such content. There are numerous online safety filters available to help limit minors’ access to harmful material. You can research these services by searching for “parental controls” or similar terms on the internet. It is recommended that you do your due diligence before purchasing or installing any online filter. If your computer or mobile device can be accessed by a minor, you agree to take steps to prevent them from viewing our site or content. As a parent or guardian, it is your responsibility to ensure that age-restricted content on our site is not displayed or accessed by your child(ren) or wards.

In accordance with the Communications Decency Act, 47 U.S.C. § 230(c)(1), and relevant court rulings, it is understood that we operate as an interactive computer service provider. Therefore, we are shielded from liability and cannot be held accountable for claims stemming from the content published or transmitted by users, as well as content from third parties. We do not generate such content and are not responsible for any potentially actionable remarks or communications made by third parties that may violate federal or state laws, such as defamation or privacy rights. It should be noted that we have the authority to remove or block offensive, defamatory, or obscene content without affecting our status as an interactive computer service provider. This agreement does not aim to limit the immunity granted by Section 230 of the Communications Decency Act, and it does not confer any benefits to third parties.

You agree to not hold Us responsible for the actions or inactions of other users, including any content they post on the forums, for any reason.

e. By agreeing to this, you release, absolve, and discharge Us from any claims and demands, whether known or unknown, related to content posted by another user.

VI. Disclaimer of warranty

You agree that using the Site or any of the Materials is solely at your own risk. You acknowledge that any material or data obtained through the Site or its links is done at your own discretion and you are solely responsible for any resulting losses.

You also agree to protect and compensate Us in the event that any third party is harmed by Your illegal actions or if We are required to defend against any claims, including but not limited to criminal actions brought by any party.

The Publisher does not guarantee that the Site or any materials within it will be uninterrupted, timely, secure, or error-free. Additionally, the Publisher does not make any guarantees regarding the quality, suitability, truth, usefulness, accuracy, or completeness of the Site or any materials within it.

d. Publisher cannot guarantee that files available for download from the internet will be free of viruses or other harmful code. Publisher does not accept responsibility for any risks associated with your internet usage.

e. The Publisher does not guarantee the quality of any goods or services bought or acquired through the Site, nor does it take responsibility for any transactions made through the Site. Additionally, the Publisher is not liable for any misuse of confidential or private information by sellers or third parties.

The publisher reserves the right to modify any information on this Site, including this User Agreement, without prior notice. The Site owner does not guarantee the updating of information and materials on this Site.

The warranties and representations outlined in this Agreement are the sole warranties and representations pertaining to this Agreement. They replace any other warranties, whether written or oral, express or implied, that may arise through agreement between the parties or by law, including warranties of merchantability and fitness for a specific purpose. These warranties and representations do not apply to any third party.

VII. Additional disclaimers and indemnification

Violation of any laws through the use of the Site or its services is strictly prohibited. If it is determined that you or any user has violated any law, your access to the Site will be terminated immediately. We are not liable for any damages that may result from users providing services that violate the law. By using the Site, you agree to defend, indemnify, and hold Us harmless for any liability that may arise if you violate any law.

b. You agree to defend and indemnify Us in the event that any third party is harmed by Your illegal actions or if We are required to defend against any claims, including criminal actions brought by any party.

You agree to protect, reimburse, and absolve the Publisher, along with its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from any claims, actions, losses, liabilities, expenses, costs, or demands, including legal and accounting fees, related to any damages incurred directly or indirectly as a result of Your use of the Site or Materials, or Your violation of this User Agreement. The Publisher will inform You promptly via email of any such claims and will assist in the defense, with expenses covered by You. While the Publisher reserves the right to participate in the defense and choose its own legal representation at its own cost, it is not required to do so. The Publisher may also settle claims after notifying You.

You hereby release and discharge us, Our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates from any and all claims, allegations, charges, debts, causes of action, and liabilities related to the use of the Website. This includes but is not limited to claims involving Fraud, Cheating, Discrimination, Sexual Harassment, Negligence, Gross Negligence, Reckless Conduct, Alienation of Affections, Intentional Infliction of Emotional Distress, Intentional Interference with Contract or Advantageous Business Relationship, Defamation, Privacy, Commercial Exploitation, Gambling, Intellectual Property, Trade Secrets, Misrepresentation, financial loss not attributable to the Site’s fault, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of the Site, unavailability of the Site or Services, technical failures leading to inaccessibility to the Site, or claims of Vicarious Liability for Torts committed by individuals met through the Site and Services, such as theft, assault, battery, stalking, rape, perjury, manslaughter, or murder.

VIII. Limitation of liability and exclusion of damages:

Unless caused by Our gross negligence or willful misconduct, Our total liability to You for any claims arising from these terms or Your access to the Website is limited to Your actual damages, if any. However, Our total liability will not exceed $250 USD or the total amount You paid Us in the 12 months prior to making Your claim, whichever is less. Your sole remedy for recovering damages is limited to this amount. We are not liable for any other damages arising from these terms or Your use of the Website.

b. Except in cases of gross negligence or willful and wanton misconduct by the other party, neither party shall be held liable for any special, indirect, incidental, consequential, exemplary, or punitive damages resulting from these terms or the use of the Website. This limitation applies regardless of whether the other party was aware or should have been aware of the potential damages.

The exclusion of special, indirect, incidental, consequential, exemplary, or punitive damages is separate from your sole remedy and will remain in effect even if your sole remedy fails or is deemed unenforceable by a court.

The restrictions and exemptions outlined in this section are applicable regardless of the legal basis for liability, including strict liability, breach of warranty (express or implied), breach of contract, tort, or any other legal theory.

IX. Links and linking:

a. The Publisher does not own or operate certain websites linked to the Site, as they are owned and operated by third parties. You acknowledge that the Publisher has no control over these websites and resources, and therefore, is not responsible for their availability. The Publisher does not screen or endorse these websites, and is not liable for any content, advertising, services, products, or materials available on or from these external websites or resources.

b. You acknowledge and agree that the Publisher is not responsible for any damage or loss resulting from the use of third-party content, goods, or services on any website or resource. If you choose to access a third-party website, you do so at your own risk and are subject to their terms and conditions and privacy policies.

Users understand that when they use a website controlled, owned, or operated by third parties, they are subject to the terms and conditions of use for those specific websites, rather than the User Agreement or Privacy Policy of this Site.

Links to external websites, including those framed by the Site, or the inclusion of advertisements do not imply an endorsement by the Publisher of the content, products, advertising, or other materials presented on such websites. They are provided for the convenience of the user.

e. By using the links on the Site, all users agree to release the Publisher from any damages or liability that may occur. The Publisher has the right to end any link or linking program at their discretion.

X. Trademark information

The Publisher and the Site’s name are both service marks and/or trademarks of the Site. Both the Site’s name and the Publisher’s name are recognized as trademarks owned by the Publisher. We are committed to protecting our intellectual property rights.

b. The product and service names of other manufacturers mentioned here may be trademarks and service marks owned by their respective companies. These trademarks and service marks are the exclusive property of their owners and may not be used publicly without the express written consent of the owners and/or holders of the trademarks and service marks.

c. You are not allowed to use any marks, logos, domains, or trademarks found on the Site without the express written permission from the Publisher. Additionally, you cannot use them in a way that may confuse consumers or disparage/discredit the Publisher.

XI. Copyright information

The information found on the Site, as well as any other website or mobile application owned, operated, licensed, or controlled by Publisher, is the exclusive property of Publisher and constitutes valuable intellectual property. We maintain full ownership and rights over the Materials.

The Materials cannot be replicated, shared, published, altered, uploaded, posted, or transmitted without the Publisher’s prior written permission. Any copyright, trademark, trade name, service mark, or other proprietary notice or legend on the Materials must not be removed or changed without authorization.

c. Any modification or use of the Content that is not expressly permitted in this User Agreement infringes upon the Publisher’s intellectual property rights.

Access to the Site does not transfer title or intellectual property rights to you.

e. The content featured on the Site, including text, graphics, photos, videos, music, soundtracks, icons, data, animations, images, downloads, compilations, and software, belongs to the Publisher or its suppliers and is safeguarded by US and global copyright laws. The compilation of all Site content is the exclusive property of the Publisher or its suppliers and is protected by US and international copyright laws, as well as other applicable laws. © S Holdings LTD, (2021), all rights reserved.

XII. User submissions

You can share specific content on the Website. Apart from personally identifiable information protected by Our Privacy Policy, any content submitted to this Website will be considered non-confidential and non-proprietary by Us. We are not obligated to this content and do not promise confidentiality for any submissions. We have the right to freely use and exploit this content for any purpose. You also give us permission to transfer all information You provide to the Website to any successor in interest, whether through sale, reorganization, merger, guardianship, or bankruptcy.

b. When submitting to the Website, you certify to us that:

You own or retain the necessary right to use and authorize Us to use all copyrights, trademarks, trade secrets, patents, or other proprietary rights in and to the submission to enable inclusion and use of the submission in the manner contemplated by the Website and these terms;

You will not post any content depicting any person under 18-years old;

You have inspected and are maintaining written documentation sufficient to confirm that all subjects of Your submission are in fact 18-years old or older; and

You have the written consent or release of each identifiable person in the submission to use their name or likeness to enable inclusion and use of the submission in the manner contemplated by the Website and these terms.

You own all rights to your submissions, but you give us permission to use them on our website and in our business. This includes the right to make copies of your profile and its contents, such as text, pictures, and contact information, on other affiliated or partner sites. We are not required to keep any of this information confidential unless agreed upon in writing or required by law. You are responsible for your submissions and their impact on the website.

That is copyrighted, trademarked, patented, protected by trade secret, or otherwise subject to third-party proprietary rights—including privacy and publicity rights—unless You are the owner of the rights or have permission from the rightful owner to post the content and to grant Us all of the license rights;

That publishes falsehoods or misrepresentations that could damage Us or any-third party;

That is illegal, unlawful, threatening, defamatory, obscene, seditious, offensive, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, portrays individuals in a “false light” or may cause annoyance or inconvenience;

That constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise be contrary to the law of or violate the rights of any third-party in any jurisdiction in the world;

That constitutes advertisements or solicitations of business;

That impersonates another person; or

That is technologically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data).

We are not responsible for, do not support (explicitly or implicitly), and explicitly disclaim all liability for any user-generated content posted on the Website. We prohibit copyright infringement and infringement of other intellectual property rights on the Website, and will promptly remove any content or submissions that violate these rights upon proper notification. We have the right to remove content and submissions without prior notice and to terminate a user’s access to the Website if they are found to be repeat infringers. We reserve the right to determine the appropriateness of content and submissions and to remove them or terminate a user’s access if they violate these terms, without prior notice.

You acknowledge that the content on the Website is primarily user-generated and that we do not pre-screen or monitor it. By using the Website, you may come across submissions from various sources, for which we are not responsible for accuracy, usefulness, safety, or intellectual property rights. You understand that some submissions may be inaccurate, offensive, illegal, indecent, obscene, or objectionable, and you waive any rights or remedies against us for this exposure. We reserve the right to refuse to publish, remove, or block access to any submission without notice.

We offer this Website as a source of entertainment for Our users. We do not actively monitor the Website for inappropriate or inaccurate user-generated content. If We do choose to monitor the Website, We do not take responsibility for the content, have no obligation to remove inappropriate content, and are not responsible for the actions of the user who submitted the content. We reserve the right to review and delete any submissions that violate our terms, are offensive or illegal, or pose a threat to the safety of any user or individual not affiliated with the Website. You are solely responsible for the content you submit to the Website and any other material or information you share with other users or unrelated individuals through the Website.

We will cooperate fully with law enforcement and court orders to disclose the identity or location of anyone violating our terms. If your actions result in expenses or legal fees for us, you agree to reimburse us upon request.

XIII. Notice and DMCA takedown procedures

We value the intellectual property rights of others and willingly adhere to the Digital Millennium Copyright Act (“DMCA”). Instructions for submitting a notice of infringement under the DMCA can be accessed at www.underscoreg.com/dmca. We have implemented a policy for terminating repeat copyright infringers in accordance with the DMCA. Our Repeat Infringer Policy is available to users upon request.

XIV. No agency relationship

This Agreement does not establish a partnership, employment, joint venture, or formal business entity, and the rights and obligations of the parties are only those explicitly stated in the Agreement.

XV. Notice:

A. Notice.

Notices under this Agreement may be sent via email to a valid email address, through a general posting on the Site, or via personal delivery by a commercial carrier. Customers must communicate with Publisher through electronic messages unless stated otherwise in the Agreement.

B. Change of Address.

Either party can update the address for sending notices by providing written notice to the other party in accordance with this section of the Agreement.

C. When Notice is Effective.

Notices will be considered valid upon delivery. If delivered by a commercial carrier such as UPS or Federal Express, notices will be considered delivered when physically received at the recipient’s address by the carrier. If delivered by any other means, notices will be considered given upon receipt.

D. Refused, Unclaimed, or Undeliverable Notice.

If a notice that is correctly addressed is refused, unclaimed, or undeliverable due to an act or omission of the Party to be notified, it will be considered effective as of the first date that the notice was refused or deemed undeliverable by the postal authorities, messenger, facsimile machine, email server, or overnight delivery service.

XVI. Communications not private:

The publisher does not offer any means for sending or receiving private or confidential electronic communications. Any messages sent to the publisher are considered easily accessible to the general public. Visitors are advised not to use this website to send any messages intended only for the sender and the intended recipient(s). It is acknowledged that all messages entered into this website may be read by the agents and operators of this service, regardless of their intended recipients.

XVII. Force majeure:

The Publisher will not be held responsible for any delays or failures to perform due to unforeseen circumstances or causes beyond our control, including but not limited to acts of God, natural disasters, war, terrorism, infrastructure failures, data breaches, criminal acts, or technical errors.

XVIII. Class action waiver:

Any disputes must be resolved or litigated individually in any forum. Neither You nor We will pursue a class action or any other representative proceeding. No arbitration or judicial proceeding can be combined without written consent from all parties involved.

XIX. General provisions:

A. Governing Law, Jurisdiction, Forum, and Venue.

This User Agreement and any issues related to it will be governed by Florida law, with disputes that are not subject to mandatory arbitration required to be brought to court in Orange County, Florida.

All parties to this Agreement agree that all actions or proceedings arising in connection with this Agreement or any services or business interactions between the parties that may be subject to this Agreement shall be arbitrated and/or litigated exclusively in in Orange County, Florida.

The parties agree to exclusive jurisdiction in, and only in, Orange County, Florida.

The parties agree to exclusive venue in, and only in, Orange County, Florida.

The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, this Agreement in a jurisdiction other than that specified in this paragraph.

All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under this Agreement whatsoever.

All parties stipulate that the state and federal courts located in Orange County, Florida shall have personal jurisdiction over them for the purpose of litigating any dispute, controversy, or proceeding arising out of (or related to) this Agreement and/or the relationship between the parties contemplated thereby.

Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it, as contemplated by this paragraph by registered or certified mail, Federal Express, proof of delivery or return receipt requested, to the parties address for the giving of notices as set forth in this Agreement.

Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law if such enforcement becomes necessary.

B. Rights to Injunctive Relief.

Both parties agree that legal remedies may not fully compensate an aggrieved party in the event of a breach, and that the aggrieved party may seek injunctive relief in addition to other available legal or equitable remedies.

C. Binding Arbitration.

In the event of a dispute between the Parties regarding this Agreement, they must first try to resolve it through negotiations in good faith. If negotiations fail, either Party can choose to bring the issue to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims may cover contract and tort claims, as well as those based on federal, state, or local laws, with exceptions for certain types of claims. The arbitration will take place in Orange County, Florida, with a single arbitrator experienced in Internet and e-Commerce disputes. The arbitrator cannot award punitive damages, certify a class action, add parties, or disregard the Terms and Conditions. A written opinion detailing the decision will be provided within thirty days of the arbitration. The Parties waive their right to a jury trial for Arbitral Claims.

D.The Arbitrator

The arbitrator does not have the authority to award punitive or exemplary damages, certify a class action, add parties, vary or ignore the provisions of this User Agreement, and must abide by governing and applicable law. The arbitrator must provide a written opinion with all material facts and the basis of their decision within thirty (30) days of the arbitration proceeding. The parties agree to waive their rights to a trial by jury for arbitral claims.

E. No waiver of right to arbitration

The right to arbitration cannot be waived unless the waiving party affirmatively and in writing provides such waiver to the other party. There will be no implied waiver of the right to arbitration. No actions, such as initiating litigation, will be considered a waiver or rejection of the right to arbitrate.

F. The First Amendment applies to arbitration proceedings

The arbitration tribunal will adhere to the First Amendment of the United States Constitution as applicable to both parties. Both parties agree to the protection of free speech, expression, and association under the First Amendment, and acknowledge that relevant case law will be considered binding authority by the Arbitrator.

G. Assignment.

The rights and responsibilities of the parties involved will apply to and benefit their designated assignees, successors, executors, and administrators.

H. Severability

If any provision of this User Agreement is found to be unenforceable by a court or arbitrator, it will be enforced to the fullest extent allowed by law and the rest of the User Agreement will remain valid.

I. Attorney’s Fees

If any Party initiates legal action to enforce or interpret the terms of this Agreement, including claims of breaches of representations and warranties, the successful Party in such action will be entitled to recover their reasonable attorney’s fees and costs, including those incurred on appeal.

J. Complaints-California Residents.

You can reach the Complaint Assistance Unit of the Division of Consumer Services at the Department of Consumer Affairs by visiting https://www.dca.ca.gov/about_us/contactus.shtml. By agreeing to this Agreement, you acknowledge that you are waiving any rights under California Civil Code §1542 related to releasing legal claims resulting from your use of the Site and/or services.

K. Export Control.

You acknowledge that the software elements on the Site may be subject to government regulations that prohibit their export to certain countries and third parties. It is prohibited to divert these materials in violation of United States or international law. You agree not to assist or participate in any such diversion or violation of laws and regulations. You warrant that you will not license or permit anyone not approved to receive controlled commodities under applicable laws. You also agree not to acquire, ship, transfer, or re-export any materials to prohibited countries or individuals, or use them for prohibited activities.

L. English Language.

This Agreement and our associated Website policies are written in English. By using this Agreement, you acknowledge that you understand and agree to the English language version as published. We are not responsible for any costs or expenses related to translating this Agreement for you or any third party. If you decide to translate this Agreement, you do so at your own risk, as only the English language version is considered legally binding.

M. No Waiver.

The Publisher’s failure to enforce any provision of this User Agreement does not waive their right to enforce it in the future. If any part of this Agreement is found to be invalid or unenforceable, it will not affect the validity of the rest of the Agreement, and the invalid part will be removed.

N. Headings.

The headings are provided for reference purposes only and do not alter the interpretation, structure, or impact of this User Agreement.

O. Complete Agreement.

This User Agreement is the sole agreement between the parties regarding your access and use of the Site and the materials within, as well as your membership with the Site. It overrides all previous agreements, whether written or verbal, on the same subject.

P. Other Jurisdictions.

The Publisher does not guarantee that the Site or any of its Materials are suitable or accessible in other locations, and accessing them from territories where their content may be illegal or prohibited is not recommended. Individuals who choose to access the Site from such locations do so at their own risk and are responsible for ensuring compliance with all relevant local laws.

Q. Stipulated Liquidated Damages:

In various provisions in this Agreement, We have outlined liquidated damages amounts to be applied as penalties against You if You violate these specific provisions. You specifically agree to pay these amounts. In agreeing to pay liquidated damages, You acknowledge that this amount is not a penalty, that the actual damages are uncertain and difficult to ascertain, but that this amount represents the parties’ good faith attempt to calculate an appropriate compensation based on anticipated actual damages.

For any breach of a portion of this Agreement that does not specifically state another liquidated damages amount, You hereby agree that any breach of this Agreement shall result in liquidated damages of $100 per occurrence. You specifically agree to pay this $100 in liquidated damages.

If We are required to enlist the assistance of an Attorney or other person to collect any liquidated damages or any other amount of money from You, or if We are required to seek the assistance of an Attorney to pursue injunctive relief against You, then You additionally agree that You will reimburse Us for all fees incurred in order to collect these liquidated damages or in order to seek injunctive relief from You. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the liquidated damages themselves. You agree that You will pay all of these fees and costs.

R. Privacy policy

We have adopted a separate privacy policy posted on the Website here, and We make it part of these terms by this reference. Please read it. Your agreement to these terms and Your continued access to the Website establishes Your agreement to the Privacy Policy. In addition, by accessing this Website, You acknowledge that Internet transmissions are never completely private or secure. You understand that others may read or intercept any message or information You send to the Website even if there is a special notice that a particular transmission (for example, credit card information) is encrypted or secured.