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Terms and Conditions of Use

Last Updated: 3 January 2014

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY

Read the following General Website Terms of Use (this “Terms and Conditions of Use”) carefully before opening a Weight Loss Village (WLV) membership account (“Account”), using Weight Loss Village.com (the “Site”) or the various services we provide, including, but not limited to our weight and fitness management program, periodic contests and other tools and benefits that can help you lose weight and keep it off.(collectively, the “Services”), so that you are aware of your legal rights and obligations with respect to Jubilee Enterprises, LLC and its affiliates and subsidiaries (individually and collectively, “we,” “us,” or “Jubilee Enterprises” or “Weight Loss Village”).

Also review our Privacy Policy which also governs your visit to our site(s) to understand our practices.

Team Weight Loss Village is glad that you are on your way to becoming the best you can be and dropping your unwanted pounds and inches by considering the Weight Loss Village program. Many people have been successfully achieved their personal goals when following this program and you can be too. WeightLossVillage is the unrivaled leading provider of online Registered Dietician Meal Plans. The award-winning software provides an innovative, reliable weight management solution with 46 online meal plans for men, women and teens and more in development. The program is available in US and Metric accessible online via computer or cell phone with internet access … and now on iPhone and soon Android.

Membership Subscription Pricing

FOR YOU CONVENIENCE VIP MEMBERSHIP IS AN AUTOMATIC RENEWAL SUBSCRIPTION SERVICE. UNLESS YOU STOP YOUR MEMBERSHIP THE FEE AGREED AT SIGN UP IS CHARGED EVERY TERM FROM THE DATE OF YOUR ENROLLMENT TO THE METHOD OF PAYMENT (“PAYMENT METHOD”) YOU SELECTED AT THE TIME OF REGISTRATION.

AS A VIP MEMBER YOU CAN LOG INTO YOUR ACCOUNT 24/7 USING YOUR USERNAME AND PASSWORD YOU PROVIDED AT SIGN UP. THIS GIVES YOU ACCESS TO THE E-TOOLS AND SERVICES PROVIDED IN THE WEIGHT-LOSS PROGRAM ONLINE AND WITH OUR APPS, WEEKLY WORKSHOPS
(* SERVICES) WITHOUT ADDITIONAL COST OR CHARGES.

STANDARD: Weight Loss Village Membership Terms
Registration: $24.95 (waived until further notice)
VIP 13 Week Standard Membership: $199 billed at sign up and each subsequent 13 week term(*) until you cancel.
For your convenience and uninterrupted membership accounts are enrolled in Automatic Recurring Billing. Membership will automatically renew at the end of the initial and subsequent 13 week* terms payable $199 on renewal.
(*) and every 13 week/90 day term thereafter until you stop your membership. If you do not cancel your membership it will automatically renew after each term. There is no contract. You may cancel your membership at any time. If you cancel membership billing stops immediately and no new charges will be billed to you but you will continue to have access to your account for the remainder of your then current term. Members are not eligible for a prorated refund on any portion of the membership fee paid for the then-current period. See cancellation policy for full details on cancellation. No exceptions will apply.
(*) and every 13 week/90 day term thereafter until you stop your membership.

Special Offers
Periodically Weight Loss Village offers exciting promotions. Terms and conditions of each promotion are posted in this Terms of Use and on the Sign Up page.

Offers Will Vary: Sign up as a member today.

Current Offer – effective 31 December 2013 3

Your membership will continue uninterrupted and you will be enrolled under our VIP membership agreement for just $3.95 a week billed quarterly (every 13 weeks/90days). Your selected method of payment will be charged at the 13 week rate when you subscribe and at the beginning of each following quarter until you cancel. Charges are applied to the same account you provide at sign up. You authorize us to charge your selected method of payment at registration at the beginning of each service period until you cancel. There is no contract. You may stop your membership at any time. If you cancel future billing stops immediately; no new amounts will be charged to you. For your convenience you can continue to enjoy all member features and benefits for the remainder of your then current term.

effective 30 September 2013 through 30 December 2013

**Membership will continue uninterrupted and you will be enrolled in the membership plan you selected during registration above at the rate per week shown billed quarterly (every 13 weeks/90days). You method of payment will be charged at the 13 week rate when you subscribe and at the beginning of each following quarter. Charges are applied to the same account you provide at sign up. There is no contract. You may stop your membership at any time. If you cancel future billing stops immediately; no new amounts will be charged to you. For your convenience you can continue to enjoy all member features and benefits for the remainder of your then current term. Our best wishes for your success. See cancellation policy for full details on cancellation. No exceptions will apply.
(*) and every 13 week/90 day term thereafter until you stop your membership.

Promotions are only available to new members unless otherwise specified and cannot be combined with other promotions or offer.

You may stop your membership and/or subscription at any time, for any reason. Simply follow the instructions on the Stop My Membership page in the FAQ/Questions section of the website OR you may contact Team WLV. If you stop your membership, you current membership will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination).

Weight Loss Village may terminate your membership by sending you notice at the email address you provide in your registration or such other email address as you may later provide to Weight Loss Village.com. If Weight Loss Village.com terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Weight Loss Village.com. Weight Loss Village.com is not required to provide you notice prior to terminating your membership and/or subscription. Weight Loss Village.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. After your membership or subscription is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

Payment and Refund Information

Member satisfaction is of prime importance at WLV. If for any reason you are not completely satisfied you can stop your membership by visiting ‘Stop My Membership” on our website. We do not provide general refunds or pro-rate your membership fee. If you cancel we ask that you cancel 5 days before your next billing date. Although your account is canceled you may continue to login and access the program for the balance of your then current enrollment term, however, you will not be charged for the subsequent term at which time access to the program and other member benefits will be denied. More information can be found by selecting Cancellation Policy in the Questions section.

Money Back Guarantee
WeightLossVillage.com offers a full money-back guarantee of the paid value of your membership. You have a period of 10 days from the date your membership ends to let us know of your dissatisfaction. At that time you are required to provide proof that the program was inefficient or at fault.

The Money-Back Guarantee shall apply only under the following conditions without exception:
1. The member has followed the program on the WeightLossVillage.com website for the full term of membership.
2. The member has used the site program each day for at least 45 consecutive days to accurately enter their food, weight and activities on a daily basis.
3. The member has followed the suggested personalized menus for at least 3 days per week over the term of the membership. (as documented in their personal account)
4. The member has utilized the WeightLossVillage email support to report any difficulty in following the program and has submitted at least one question on a regular weekly basis during the term of the program.
5. The member has submitted their request for a refund by mail to:
Jubilee Enterprises LLC
109 W. 17th Street, Cheyenne, WY 82001
USA

Member is required to include the name, username and password they used when opening their account with WeightLossVillage in order for customer support to review refund eligibility according to the aforementioned criteria.

If you have followed these steps and did not lose weight, WeightLossVillage.com will refund your money. We will credit the account or card you used to pay for your WeightLossVillage.com membership.

It’s that easy to get guaranteed, healthy results.

NOTIFICATION OF CHANGES
When, as and if WeightLossVillage decides to change the criteria for a money-back guarantee those changes will be posted in the site Terms and Conditions.

BY USING THIS SITE, OPENING AN ACCOUNT, OR USING OUR SERVICES, (i) SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THIS GENERAL TERMS & CONDITIONS; AND (II) REPRESENT THAT YOU ARE 16 YEARS OF AGE OR OLDER AND OF LEGAL AGE TO AGREE TO THESE TERMS OF SERVICE. IF YOU ARE YOUNGER THAN 16 YEARS OLD, YOU ARE NOT ALLOWED TO CREATE AN ACCOUNT. THOSE UNDER AGE 16 MAY USE THE SITE AND ITS SERVICES ONLY WITH CONSENT OF A PARENT OR LEGAL GUARDIAN. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF USE, DO NOT USE THIS SITE OR ITS SERVICES.

Weight Loss Challenges: From time to time Weight Loss Village may run Weight Loss Challenges. Each Challenge has its own terms and conditions. By participating in a Challenges, you agree to the specific terms and conditions of that contest in addition to the terms and conditions of this Terms of Use and the Weight Loss Village Privacy Policy. Please carefully read the specific terms and conditions of the contest you are entering as well as the rest of this Terms of Use and the Weight Loss Village Privacy Policy before participating in the contest.

Our business may change and our Privacy Policy and Terms of Service can change. We may e-mail, text or in other ways provide periodic reminders of changes to our policies but you should check our Website frequently to see recent changes. Weight Loss Village has the right to revise this Terms of Service at any time without providing notice to its users/members. Your continued use of this Site, the Services and/or your Account shall be deemed irrevocable acceptance of those revisions.

Weight Loss Village reserves the right to change, modify, suspend or discontinue any portion of this Site or any Contest or Challenge at any time. Weight Loss Village may also impose limits on certain features or restrict your access to parts or the entire Site in its sole discretion and without notice or liability.

1. Description of Services

(*) When you become a Member Weight Loss Village provides the specified term subscription term you select. Members can log in and access all the e-tools and services including our Think Thin Weekly Workshops and other features associated with your Membership without additional cost or charges. An additional fee or charge may be applicable if a member wishes to participate in our periodic Weight Loss Challenges, Life Coaching Sessions or other promotions if in fact a fee or charge applies.

Time period in the Terms of Use refers to any 13 week Weight Loss Village membership period unless otherwise specified.

Alternatively you can be a guest of Weight Loss Village at no cost. As a guest you have access to our public website and will receive special offers and news updates by standard email ‘Village Mail’ and/or our electronic newsletter ‘Village News’ when you subscribe to receive them. In order to access the full program you are required to become a VIP Member. VIP Membership is an automatic renewal subscription service. The subscription fee is charged automatically to your payment method selected when you registered and every 13 weeks (90 days) or specified term thereafter on the anniversary of your enrollment unless or until you cancel. Subscription fees are charged whether or not you actually log in to the program or otherwise use the site during the membership term. You may cancel the VIP Membership at any time. ‘STOP MY MEMBERSHIP’ on Weight Loss Village.com website. Membership fees are not refundable and will not be pro-rated in the event of a cancellation request is received after the fee for that term has been billed.

2. Privacy

Your privacy is very important to Jubilee Enterprises LLC. Personal information that we collect from you will be governed by Weight Loss Village.com Privacy Policy which is incorporated by reference into these Terms of Service and available at: www.WeightLossVillage.com/privacy-policy

3. Limited License

Weight Loss Village grants you a limited license to (i) access and use the Site and the Services, and (ii) use Downloads solely for your own personal use whether on a computer or mobile device. This license does not allow you to make any commercial use or any derivative use of the Site, the Services, or the Downloads (including any individual elements or content).

4. Use of Materials

All materials transmitted or published by Weight Loss Village on the Site or made available through the Services, (including, but not limited to the Downloads, text, images, forms, logos, graphics, images, audio clips, video clips, photographs, illustrations, audiovisual clips, etc.) (collectively, the “Materials”) are owned or controlled by Jubilee Enterprises , its subsidiaries or affiliated companies or a third-party provider, and are protected by United States and international copyright laws.

Any copying, uploading, reproduction, transmittal or redistribution of the Materials which is not in accordance with this Terms and Conditions of Use is strictly prohibited. Making modifications to the Materials or creating derivative works based on the Materials is prohibited, as is the unauthorized use of the Materials on any networked computer environment or other website.

5. Accounts and Security

To use certain aspects of the Site or the Services, you must register with Weight Loss Village.com to open an Account. As part of the registration process, each user will select a username and password. You shall provide Weight Loss Village with accurate, complete, and ongoing updated Account information. Failure to do so shall constitute a breach of this Terms of Service, which may result in immediate termination of your Account. You promise you will not (i) selector use a user name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; (iii) use a user name that Weight Loss Village, in its sole discretion, deems inappropriate or offensive; (v) breach any representation, warranty or promise made by you in this Terms and Conditions of Use regarding your Account.

You agree to notify Weight Loss Village of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. It is your sole responsibility to protect your user name and password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by any people using the Site or Services under your user name and password.

Weight Loss Village may immediately terminate your Account, or suspend your access to your Account, in its sole discretion and, without notice, for conduct that Weight Loss Village believes is: (i) illegal, fraudulent, harassing or abusive; (ii) a violation of this Terms of Service or any other policies or guidelines posted by Weight Loss Village (including, but not limited to violation of any terms and conditions of any Contest); or (iii) harmful to other users, third parties, or the business interests of Jubilee Enterprises LLC. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. You shall be liable for any activities on or uses of your Account even if such activities or uses were not committed by you. If you file a claim against Jubilee Enterprises LLC, or a claim which in any way involves Jubilee Enterprises LLC, then Weight Loss Village may terminate your Account. Upon termination of your Account by Weight Loss Village for any of the above-mentioned reasons, (i) you may not establish a new Account for a period of one year from the date of termination, (ii) Weight Loss Village will have no obligation to notify any third parties regarding such termination, and (iii) you will be responsible for any damages that may result or arise out of termination of your Account.

6. Your Promises

You promise that you will not:

remove any proprietary notices from this Site, the Downloads or any copy thereof;
cause, permit or authorize the modification, copying, creation of derivative works, or translation of this Site or the Downloads without express permission of Jubilee Enterprises LLC.
export or re-export the Downloads in violation of United States export laws;
use this Site or the Downloads for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein;
access, create or modify source code of the Downloads in any way;
use the Site or the Downloads to, or in any way that would, violate any applicable law, regulation or ordinance;
sell, lend, lease, trade, rent, barter, sub license, assign, transfer, or grant rights in any manner to your Account, password, or Downloads, including, without limitation, on or through the use of any third party website or service;
use the Services or this Site for fraudulent purposes;
attempt to recompile, reverse engineer, disassemble or hack this Site, the Services or Downloads, or to defeat or overcome any encryption and/or digital rights management technology implemented by Weight Loss Village with respect to this Site, the Services, the Downloads and/or data transmitted, processed or stored by Jubilee Enterprises LLC , this Site or the Services;
take any steps to interfere with or in any manner compromise any of Jubilee Enterprises LLC security measures or gain access to Jubilee Enterprises LLC systems or accounts;
harvest or collect any information about or regarding other Account holders, including, but not limited to any personal data or information;
use this Site or the Downloads to develop, generate, upload, post, display, transmit or store information that: (A) infringes any third party’s intellectual property or other proprietary rights; (B) is defamatory, libelous, harassing, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive or harmful; (C) constitutes unsolicited promotions, advertising or solicitations for funds, good or services, including junk mail and spam, (D) otherwise violates this Terms of Service in any way, or (E) obstructs or otherwise interferes with the normal performance of another person’s use of the Site or the Downloads.
not share your username and password with any third party.
not share or distribute workshop information to include but not be limited to workshops numbers, links, times and/or dates to non-members.

Should you breach any of the foregoing promises, (i) in addition to any other rights it may have at law or in equity, Weight Loss Village may immediately terminate your Account causing you to loose all access to your account, membership fees paid for the then current term and services provided by Weight Loss Village, (ii) you immediately forfeit all prizes you may have won participating in a Contest, and (iii) you may be subject to civil and/or criminal prosecution.

7. Shipping Payments and Giveaways

You acknowledge that, with the exception of the free Downloads and VIP Membership features discussed herein you must pay for any shipping charges, and other charges you acquire through this Site through a credit card or any other acceptable method of payment you provide to Weight Loss Village. When you purchase a product, or receive a free product you authorize Weight Loss Village to charge the fee for the shipping and any applicable taxes Weight Loss Village is required to collect to the credit card number or other acceptable payment method you provide to Jubilee Enterprises LLC . If Weight Loss Village is unable to process the fee to the payment method you provided, Weight Loss Village may immediately terminate your Account. Weight Loss Village reserves the right to change the fees charged for shipping and payment methods at any time. All shipping fees are stated in U.S. dollars. You may terminate your Account at any time however, you will not be refunded any shipping fees already paid to Weight Loss Village upon such termination.

Weight Loss Village may offer free products or free trials of products through this Site from time to time, including, without limitation, as a premium for participating in a Contest. Weight Loss Village reserves the right to terminate such free product promotions at any time, in its sole discretion, for any reason or no reason at all, with or without prior notice to you.

You are responsible for and agree to pay all charges incurred, including applicable taxes, by you or anyone you allow to use your Account.

8. Disclaimer

THIS SITE AND THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY Weight Loss Village OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THIS SITE AND THE SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, Weight Loss Village DOES NOT WARRANT THAT THIS SITE, THE SERVICES AND THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE, THE DOWNLOADS AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTING, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SITE AND/OR THE DOWNLOADS REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

ADDITIONALLY Content on Weight Loss Village is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional. You should not use this information as self-diagnosis or for treating a health problem or disease. Contact your health-care provider immediately if you suspect that you have a medical problem.

Weight Loss Village.com assumes no liability for inaccuracies or misstatements about any information provided on the site or about the products and services offered through the Weight Loss Village membership program.

Site visitors and program members who use the program or offered products assume all risk. Weight Loss Village and its owners or any related parties assume no liability of any kind. Visitors, Guest and/or Premier Members agree to indemnify, defend and hold Jubilee Enterprises LLC, Weight Loss Village and its affiliates, licensees and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a Members violation of the site Terms of Use or use of the Site.

9. Limitation of Liability

IN NO EVENT SHALL Weight Loss Village BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY MOTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR THE SOFTWARE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF Weight Loss Village HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE OR THE SOFTWARE IS TO TERMINATE YOUR ACCOUNT, DISCONTINUE ANY USE OF THIS SITE AND CEASE USE OF THE SOFTWARE.

Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.

10. Links to Third Party Sites

Some links provided throughout this Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Weight Loss Village in any manner whatsoever. Therefore, Weight Loss Village is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Weight Loss Village is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Weight Loss Village of any linked site and/or any of its content therein.

11. Term of Use

The license for use of this Site or the Downloads is effective until terminated. This license will terminate as set forth within this Terms of Use or if you fail to comply with any term or condition of this Terms of Use. In such event, no notice shall be required by Weight Loss Village to effect such termination. Sections 4, 6, and-8 through 18 of this Terms of Service shall survive any termination or expiration of the license for the use of this Site or the Downloads.

12. Your Representations and Warranties

You represent and warrant that:

you possess the legal right and ability to enter into this Terms of Service and to comply with its terms;
you will use this Site and the Downloads for lawful purposes only and in accordance with this Terms of Service and all applicable laws, regulations and policies;
you will only use this Site and the Downloads on a computer, iPhone, iPad and other permitted electronic devices on which such use is authorized by the computer’s, iPhone, iPad or other electronic device owner.
You are 16 years of age or older. Those under the age of 16 agree they use this site with parent or guardian approval.

13. Indemnity

You agree to indemnify, defend and hold harmless Jubilee Enterprises LLC , and its subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) Violation or breach of any term of this Terms of Service or any policy or guidelines referenced herein, or (ii) use or misuse of this Site, the Services, the Contests or the Downloads.

14. Notification of Copyright Infringement

Weight Loss Village may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize Weight Loss Village to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you. Weight Loss Village will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site or the Services, please notify Weight Loss Village Agent identified below.

A notification of claimed infringement must be a written communication addressed to the Weight Loss Village Copyright Agent set forth below (the “Notice”), and must include the following:

a signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
a description of the copyrighted work or works that you claim have been infringed;
a description of the exact name of the infringing work and where the infringing work is located on the Site;
information sufficient to permit Weight Loss Village to contact you, such as your physical address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.

15. Dispute Resolution/Choice Of Law:

Any controversy, claim, demand or disputes arising out of or in relation to any portion of this Agreement or the breach thereof, shall be submitted to final and binding arbitration before the American Arbitration Association in accordance with its Commercial Rules applicable to proceedings determined by one (1) arbitrator. Any arbitration shall be conducted via a telephone hearing or facilities maintained by the American Arbitration Association for that purpose in Wyoming. Judgment upon any award it may grant may be confirmed and entered in any court of competent jurisdiction. This provision shall be deemed self executing and an award may be entered against a party who fails to appear at any duly noticed hearing. This provision shall survive the expiration or termination of this Agreement.

Except where prohibited participants, (and participants parent/legal guardian if participant is a minor) agree that: (a) any and all disputes. claims and causes of action arising out of or connected with this Program shall be resolved individually, without resort to any form of class action, and exclusively by an action in state or federal court located in the State of Wyoming and (b) any and all claims judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program but in no event attorneys’ fees: and (c) under no circumstances will participant be permitted to obtain awards for and participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use, or the rights and obligations of participant and/or Releases in connection with this Promotion, shall be governed by and construed in accordance with the laws of the State of Wyoming without regard for conflicts of law doctrine of any jurisdiction.