Terms of Use

Acceptance of the Terms of Use

These terms of use are entered into by and between the Software user ("you," or "your") and Political Comms ("Company," "we," "our," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of our website and related links, the software and related apps and updates and appendages; and all other technological and online systems provided by us and used by you, including any content, functionality, and services offered therefrom (the "Software"), whether as a guest or a registered user.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE SOFTWARE. BY USING THE SOFTWARE OR BY CLICKING TO ACCEPT OR AGREE TO THE 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, AND 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 SOFTWARE.

This Software is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Software, you represent and warrant that you and your employees, agents, volunteers, independent contractors, members, shareholders, officers, licensees, lessees, and affiliated organizations ("Affiliated Persons"), who will be using the Software, are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Software.

If you license or in any way re-lease this Software to other users (Second Level Users), you are responsible for the Second Level Users' adherence to these Terms of Use. You must require the Second Level Users to agreed to be bound by your Terms of Use Agreement. Your Terms of Use Agreement must mirror this Terms of Use Agreement, except you may add your necessary identification information.

Changes to the Terms of Use

We may revise and update this Terms of Use Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Software thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Software.

Your continued use of the Software following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Software so you are aware of any changes, as they are binding on you.

Accessing the Software and Account Security

We reserve the right to withdraw or amend this Software, and any service or material we provide on the Software, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Software is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Software, or the entire Software, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Software.
• Ensuring that all persons who access the Software through your internet connection are aware of these Terms of Use and comply with them.

To access the Software or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Software that all the information you provide on the Software is correct, current, and complete. You agree that all information you provide to register with this Software or otherwise, including, but not limited to, through the use of any interactive features on the Software, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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 Software or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or 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 user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Terms of Use Agreement, the Privacy Policy, or any Client Agreement entered into by you.

The fee for accessing and using the Software are published in the Software and in the Client Agreement (if applicable), and you agree to pay such fees immediately upon request from us and as outlined in any Client Agreement (if applicable). All fees are nonrefundable. In the event that you, for whatever reason, are late in making payments, all late payments shall bear interest at the lesser of the rate of 18% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. You shall also pay a onetime late payment penalty of 20% of all late balances, and you shall reimburse us for all costs incurred in collecting any late payments, and we may suspend the delivery of any access to the Software once a payment is late.

You authorize us to keep your credit card information on file, and to charge your credit card for any amounts owed. You are responsible for all types of taxes, and governmental fees charged on your use of the Software.

Intellectual Property Rights

The Software and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Software for your personal, non-commercial use only, unless you receive our written permission to do otherwise. You must not reproduce, distribute, modify, duplicate, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Software, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print, or download, one copy of a reasonable number of pages of the Software for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide places for you to store content in connection to the use of the Software, you may take such actions as are allowed by such features.
• If you license or re-license the use of the Software, under the permission of the Company, you may provide such intellectual property as is necessary to provide the licensee with the use of the Software.

You must not:

• Modify copies of any materials from this site, except as provided herein.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
• Duplicate or recreate the Software in any way.

You must not access or use for any commercial purposes any part of the Software or any services or materials available through the Software, except as outlined herein.

If you wish to make any use of material on the Software other than that set out in this section, please address your request to the email provided below.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Software in breach of the Terms of Use, your right to use the Software will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Software or any content on the Software is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Software not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

If any change, alteration, or improvement of the Software ("Software Improvement") are made due to your review, insight, complaints, use of the Software, or any other actions (whether created directly or indirectly by you) all such Software improvement shall be the sole property of the Company. You transfer and assign all rights you may have in any such Software Improvement to the Company, and waive all rights to the works, and agree that the use of the Software as contemplated herein constitutes just consideration.

Trademarks

The Company name, design, and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors, whether it has been filed with the USPTO or not. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Software are the trademarks of their respective owners.

Prohibited Uses

You may use the Software only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Software:

• In any illegal, improper or inappropriate way, including violating any applicable federal, state, local, or international laws, regulations, rules, treaties, and ordinances, including but not limited to the Communications Act, the Telephone Consumer Protection Act, the Fair Political Practices Commission, the Do-Not-Call Implementation Act, and the CAN-SPAM Act all as amended (or any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction), and the rules and regulations of the Federal Communications Commission, and Federal Trade Commission, including, without limitation, any laws regarding the export of data or software to and from the US or other countries ("Laws").
• To transmit, or direct the transmission of, any advertising, marketing or other messaging if Administrator has not obtained the consent, if and only to the extent consent is required by law, from the recipient.
• In any manner that violates industry standards and/or any third-party obligations for which use of the Software would cause breach.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation without the strict obedience to all Laws governing such transmission or procurement.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity, without written consent of that person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Software, or which, as determined by us, may harm the Company or users of the Software, or expose them to liability.

Additionally, you agree not to:

• Use the Software in any manner that could disable, overburden, damage, or impair the Software or interfere with any other party's use of the Software, including their ability to engage in real time activities through the Software.
• Use any robot, spider, or other automatic device, process, or means to access the Software for any purpose, including monitoring or copying any of the material on the Software.
• Use any manual process to monitor or copy any of the material on the Software, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Software.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Software, the server on which the Software is stored, or any server, computer, or database connected to the Software.
• Attack the Software via a denial-of-service attack or a distributed denial-of-service attack.
• Use the Software to harvest or otherwise collect information about others from users, including email addresses or phone numbers, without their consent to provide such information.
• Duplicate or reverse engineer the Software.
• Otherwise attempt to interfere with the proper working of the Software.
• Use Company's information or trade secrets to compete against the Company, or cause others to do so.

If you are not exempt from the United States national do-not-call registry, you must refrain from making any phone calls or sending any text messages to any residential telephone subscriber, whose phone number is listed on a national or state do-not-call registry, and you must check all state and federal do-not-call registries prior to starting any calling campaign, to remove any listed numbers from campaign, and to recheck registries at least every 30 days, and you may not call or text protected phone lines such as emergency or toll-free lines, or lines serving hospitals or similar facilities, unless made with the called party's prior express consent.

User Contributions

The Software may contain interactive or distribution features (collectively, "Interactive Services") that allow users to post, submit, send, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Software.

All User Contributions must comply with the Content Standards set out in this Terms of Use Agreement.

Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution on the Software, you grant us the right to retract, remove, use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Software.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post or transmit any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Software or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, or to any government or quasi-governmental organization as part of any investigation they may be conducting.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Software.
• Terminate or suspend your access to all or part of the Software for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Software. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER BY US OR LAW ENFORCEMENT AUTHORITIES.

However, we may not undertake to review all material before it is posted or transmitted on the Software, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable Laws. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use, our Privacy Policy, and any Client Agreement.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, invite, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement. It is normally the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Software is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Software, or by anyone who may be informed of any of its contents.

This Software may include content provided by third parties, including materials provided by other users, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Software

We may update the content on this Software from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Software may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Software

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

Online Purchases and Other Terms and Conditions

All purchases through our Software are governed by our Client Agreement, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services, or features of the Software. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Software

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.

The Software from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

Links from the Software

If the Software contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links, if any. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Software, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

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

Confidential Information

Except as directed by law, you shall not use, divulge, furnish, publish, or disseminate or make accessible to anyone any confidential intellectual property, trade secrets, third-party confidential information, confidential information, proprietary information, secret information, or other sensitive or proprietary information of ours, outside your use of the information in lawfully using the Software.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Software 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.

TO THE FULLEST EXTENT PROVIDED BY LAW, 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 SOFTWARE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SOFTWARE LINKED TO IT.

YOUR USE OF THE SOFTWARE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SOFTWARE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, OR THAT THE SOFTWARE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU ARE FULLY RESPONSIBLE FOR DETERMINING WHETHER YOUR USE OF THE SOFTWARE IS APPROPRIATE FOR YOU, AS WE DO NOT GUARANTY ANY RESULTS FROM THE USE OF THE SOFTWARE.

WE MAKE NO REPRESENTATIONS THAT THE SOFTWARE AND THE USE THEREOF COMPLY WITH ANY LAWS. YOU ARE FULLY RESPONSIBLE FOR DETERMINING WHETHER YOUR USE OF THE SOFTWARE COMPLIES WITH ALL LAWS, AND BY USING THE SERVICES YOU WARRANT THAT YOU HAVE DETERMINED THAT YOU ARE AND WILL BE IN COMPLIANCE WITH ALL LAWS.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SOFTWARE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF CAMPAIGN, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

WITHOUT LIMITING THE ABOVE PROVISION, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE USE OF THE SOFTWARE IN THE LAST 3 MONTHS BEFORE THE INCIDENT OUT OF WHICH LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns ("Indemnified Parties"), from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including attorneys' fees ("Claims"), arising out of or relating to your use of the Software, violation of this Terms of Use Agreement, violation of the Privacy Policy, and violation of any Client Agreement ("Cause of Action") whether claimed by you, the government, or any other third-party ("Claiming Party").

By way of inclusion, and not exclusion, and to remove all doubt, you agree to defend, indemnify, and hold harmless the Indemnified Parties from and against any Claims brought by any Claiming Party, which Claims arise out of your User Contributions' violating the Content Standards outlined herein, or your violation of any Laws, including but not limited to violations of any new Laws or new interpretations of any existing Laws which may arise.

Upon written notice from us, you shall pay all reasonable attorney fees, and other legal costs in advance to cover any and all representation necessary to defend us from any Claims. Upon written notice from us, you shall pay all Claims when payment is due to any Claiming Party.

Arbitration

ALL CASES AND CONTROVERSIES ARISING OUT OF OR RELATED TO THIS TERMS OF USE AGREEMENT WILL BE FINALLY RESOLVED EXCLUSIVELY BY CONFIDENTIAL BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH THE UNITED STATES ARBITRATION ACT AND CONDUCTED IN AUSTIN, TEXAS IN ACCORDANCE WITH THE AAA COMMERCIAL ARBITRATION RULES, INCLUDING, WHERE APPLICABLE, ITS RULES ON EXPEDITED PROCEDURES.

THE PARTIES MAY BRING AN ACTION TO ENFORCE ANY AWARD GRANTED UNDER THIS SECTION IN ANY COURT HAVING JURISDICTION. THE PREVAILING PARTY SHALL PAY THE OTHER PARTIES ATTORNEY FEES AND ARBITRATION COSTS.

Governing Law and Jurisdiction

All matters relating to the Software and these Terms of Use, and any dispute or claim arising therefrom or related thereto in each case, including non-contractual disputes or claims, shall be governed by and construed in accordance with the internal laws of the State of TEXAS without giving effect to any choice or conflict of law provision or rule whether of the State of TEXAS" or any other jurisdiction.

Without limiting the obligation to arbitrate claims provided hereunder, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Software shall be instituted exclusively in the courts located in Austin, Texas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

WITHOUT LIMITING THE OBLIGATION TO ARBITRATE CLAIMS PROVIDED HEREUNDER, CLIENT AGREES TO WAIVE ALL RIGHTS TO A JURY TRIAL.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. This Agreement benefits solely the Parties to this Agreement and no third-party.

Entire Agreement

The Terms of Use Agreement, our Privacy Policy, and any Client Agreement constitute the sole and entire agreement between you and us regarding the Software and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Software.

Counterparts

This Terms of Use Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Terms of Use Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy, and an electronic signature shall have the same effect as an original signature.

Contact Information

If you have questions about these Terms, please contact us: