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Terms and Conditions | US Healthcare Efficiency Index
Last Updated September 27, 2011
- changing the Terms at any time;
- changing the Websites, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content, functionality, promotion, data on or feature of the Websites or the hours that the Websites are available; or
- changing any fees or charges in connection with the use of the Websites.
2. Materials. The information and materials provided on or through the Websites and/or Services, including without limitation, any other data, text, pictures, graphics, audio, video, icons, software, and upgrades for use on or through the Websites and/or the Services, links, and other content, features and services available on or through the Websites and/or the Services (collectively, the "Materials"), excluding User Ideas (defined below) and any data, articles, information or statements submitted by you to Company, are intended to educate and inform you about us and our business and provide you with access to the Services.
3. Limited License and Right to Use the Materials. The Websites and Services are provided for your enjoyment, and unless otherwise specified on or in the Websites or Services, solely for your own personal and/or internal business use only. Company hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Websites and Services for your own internal business purposes, subject to your complete compliance with the Terms and any and all other terms and policies set forth on or in the Websites or Services. Company reserves the right to revoke your right to use the Website or the Services at any time as further set forth in Section 17 herein. You acknowledge that the time that you spend on or using the Websites and/or Services, is solely for your internal purposes, and that no monetary value can be attributed to such time and that, but for the license granted herein, you are not entitled under the law to use or have access to the Websites or Services and/or the Materials.
Except as expressly provided in the Terms, Company does not grant you any other express or implied rights or license in or to the Materials, Services and/or the Websites, and all right, title and interest that Company has in the Materials, Services and/or the Websites rights not explicitly granted to you by Company or its licensors are retained by Company or its licensors, respectively.
Except as expressly set forth in the Terms, you may not modify (including without limitation making derivative works), copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, Materials without Company's or its licensors' express prior written permission. To the extent you are granted express permission or allowed to do so under applicable law, you must retain all trademark, copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of these Terms.
4. Intellectual Property. You acknowledge that the Materials, Services and Websites are protected by and/or embody copyrights, trademarks, patents, trade secrets and/or other proprietary rights ("Intellectual Property") owned by Company, and/or its licensors, including without limitation the selection, coordination, arrangement, compilation, assembly and any enhancements thereto. The Websites, Services and Materials (and any Intellectual Property and other rights relating thereto) are and will remain the property of Company. The trademarks, trade names, trade dress, logos, and service marks displayed on the Websites, including the Company marks, logos and trade dress are the registered and/or unregistered trademarks of Company, Company's licensors and vendors and/or other third parties. You acknowledge that the Intellectual Property is valid and protected in all media existing now or later developed and under United States and foreign laws You acknowledge that you do not acquire any ownership rights in or to the Intellectual Property.
The Intellectually Property may not be used by you for any purpose without Company's prior express written permission, unless permissible by law. Notwithstanding the foregoing, the Intellectual Property may not be used in connection with any product or service that is not Company's, in any manner that is likely to cause confusion among consumers, or in any manner that discloses confidential information or disparages Company. Nothing contained on the Websites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property. Except as expressly provided in a separate license agreement, Company and its licensors of the Materials do not grant any express or implied rights to you under any patents, copyrights, trademarks, or trade secret information.
5. Your Account. In order to access certain areas of or participate in certain activities contained on the Websites and/or the Services, we may require you to create an account ("Account"). You acknowledge and agree that you have no ownership or other proprietary interest in the Account. To create an Account, we may ask or require you to provide us with certain personal information (e.g., your name, e-mail address, mailing address). Providing us with your personal information is your choice. Each time you decide to provide us with your personal information, you agree to: (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your current e-mail address), and (b) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your access to and use of the Websites and/or the Services (or any portion thereof) or your participation in any activity contained on or available through the Websites.
In order to access certain areas of, or participate in certain activities contained on the Websites and/or the Services, we may require you to select a username and/or password. Your username is subject to certain terms and Standards, as set forth in Sections 6 and 7 below. You agree that Company has the right in its sole discretion to suspend or terminate your Account and/or refuse any and all current or future use of the Websites and/or Services (or any portion thereof).
6. Username and Passwords. Company may refuse to grant you a username, in its sole discretion for any reason, including if it impersonates someone else or misleadingly implies an association with the persona of another person or entity, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by us in our sole discretion. Your selection and use of a specific username does not convey any ownership or rights in that username and Company reserves the right to revoke and/or reassign any username in its sole discretion. You understand and agree that Company reserves the right to change, remove, alter or delete any username, with or without prior notice to you, at any time and for any reason in Company's sole discretion. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING USE OF THE SERVICES ON OR AVAILABLE THROUGH THE WEBSITES) THAT ARE CONDUCTED THROUGH THE USE OF YOUR USERNAME AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU.
You agree not to transfer or resell or otherwise convey your Account or the right to use your Account or any rights therein to anyone. If you have reason to believe that your Account is no longer secure, you must: (i) promptly change your password, and (ii) immediately notify us of the problem by e-mailing us at email@example.com (with the subject line: "USHEI Username Password Security Issues").
You may not use anyone else's Account at any time and you may not allow anyone else to use your Account at any time. You agree that Company will not be liable for any loss you may incur as a result of someone else using your Account, either with or without your knowledge, and you further agree that you will be liable for losses incurred by Company or another party due to someone else using your Account. Because of this, Company strongly recommends that you exit from your Account at the end of each session.
7. Code of Conduct. While using any of the Website and/or Materials, including on or in any User Ideas (as defined below), you agree to follow our community standards set forth below (the "Standards"), and you agree not to:
- Create a false identity or impersonate any person, including without limitation, identities falsely indicating that you are an Company official or representative, another user or or that you are a celebrity or public figure;
- Create any correspondence, username, or subject lines containing profanity, sexually graphic or offensive language, including any uses of characters such as \@#$% to replace letters;
- Send, post, transmit or make available any content or message that is false, inaccurate, misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, inciteful, racist or otherwise objectionable, including any topics that may be harmful to or threaten the security of a child or minor;
- Engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive, inciteful, or otherwise objectionable behavior; all such behavior may be reported to the authorities;
- Suggest, illicit or encourage any illegal activity;
- Submit content, materials or User Ideas that are subject to intellectual property protection, including without limitation, copyright, trademark, trade secret or patent rights, or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from the owner to do so and to grant Company all of the license rights necessary to transmit or maintain such content, material, or User Ideas;
- Send, post, transmit or make available any: any material, non-public information about any person or company without the express authorization to do so;
- Send, post, transmit or otherwise make available any advertisements, solicitations, chain letters, pyramid schemes, junk mail, SPAM, investment opportunities or other unsolicited or unauthorized commercial or promotional content, materials, SPAM or communication;
- Institute an attack upon any server used in connection with the Websites and/or the Services or any portion thereof or otherwise attempt to disrupt such servers, including any Services available on or through the Websites;
- Send, post, transmit or otherwise make available any material regarding hacking, cracking, exploiting, or otherwise making use of the Websites or the Services;
- Attempt to or actually restrict or inhibit any other user from using and enjoying the Websites and/or the Services;
- Use any robot (bot), spider, scraper or other unauthorized or automated means to modify, use or access the Websites or the Services, or any portion thereof;
- Send, post or transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Websites or Materials, including the Services;
- "Frame" or "mirror" any part of the Websites and/or the Services without Company's prior written authorization;
- Attempt to obtain passwords, other Account information, or any other private information from any other user of the Website or the Services, including without limitation, the collection personal information about others, such as email addresses or geo-locations;
- Harvest or collect information about users of the Websites or the Services;
- Buy, sell or trade any user Account;
- Access another user's Account without permission;
- Share your password for your Account with anyone;
- Use the Websites or Services in any manner that violates any applicable laws or regulations or is prohibited by these Terms; and/or
- Assist or permit any persons in engaging in any of the activities described in this listing.
While using the Website or Materials, you agree to comply with these and all Standards, as well as all applicable laws, rules and regulations. Company has the sole discretion to delete, suspend, terminate or close your Account, with or without prior notification to you, for any violation of the Terms, including any of the Standards.
8. Third Party Sites/Services. The Websites may include links to other websites or services (including advertisements and payment providers) solely as a convenience to you ("Linked Sites"). The inclusion of any Linked Site does not imply endorsement by Company of any third party, third party websites or any association with the operators of such Linked Sites. You are responsible for viewing and abiding by the privacy statements and terms of service/use posted at any third party or Linked Sites. The information, products, materials and services on Linked Sites is not under the control of Company and Company does not provide or endorse any such Linked Sites or the information, products, materials or services contained on or available or accessible on or through any Linked Sites. Company is not responsible if any Linked Site is not functioning properly. Company makes no express or implied warranties with regard to the information, products, materials or services that are contained on or accessible through any Linked Sites. Access and use of any Linked Sites, including the information, products, materials and services on any Linked Sites or available through any Linked Sites, is solely at your own risk, and you acknowledge and agree that Company is not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any or dealings with any Linked Site or as the result of the presence of any advertisers on the Websites. Your correspondence or business dealings with, or participation in promotions of any advertisers found on or through the Websites, including in or through the Services, are solely between you and such advertiser. Any dealings with third parties, such as advertisers, included within the Websites, involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Company is neither responsible nor liable for any part of such dealings with any third parties.
9. User Ideas/Communications/Data Contribution. Company does not accept or consider unsolicited ideas, including ideas for new promotions, products, applications, technologies, processes or other ideas or inventions (collectively, "User Ideas"). You must not transmit any User Ideas to or through the Websites, Services, or email, to Company that you consider to be confidential or proprietary. You agree that any and all User Ideas are non-confidential and non-proprietary and will and need not be treated as such. You are responsible and liable for any User Ideas. You agree that by submitting User Ideas to Company, including any concepts, know-how or ideas, you hereby grant Company a perpetual, worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such User Idea in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the User Idea. Company is not obligated to review, evaluate, publish, or use any User Idea.
You acknowledge and agree that your communications with Company are public and not private communications, and that you have no expectation of privacy concerning your communications with Company. Company is not responsible for information that you choose to communicate to us.
You acknowledge that a large volume of information is available on the Websites and that people participate in our Websites by submitting data, articles or information, or making statements, and could submit data, articles, information or statements that, whether intentionally or unintentionally, are inaccurate, misleading, illegal or deceptive. We neither endorse nor are responsible for such data submissions, articles, information or statements, or for any opinion, advice, information or other utterance made or displayed on the Websites or Services by third persons or parties. The opinions expressed in the articles and statements reflect solely the opinion(s) of the authors or submitter(s) and do not necessarily reflect the opinion(s) of Company. Company is not responsible for any errors or omissions in articles or statements, for hyperlinks embedded in any articles or statements or for any results obtained from the use of any such statements or information. Under no circumstances will Company or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on any such data, articles, information, statements or any other materials or information not owned by Company, or on any information or materials obtained through the Websites or Services. Company has no obligation to monitor the Websites, Services, or any data or article submissions or other information or materials that you or other third persons or parties transmit to Company. You acknowledge and agree that Company has the right (but not the obligation) to do any or all of the following, at its sole discretion: (i) alter, remove, or refuse to post any data, article, information or statement and/or (ii) disclose any data, articles, information or statement or any communication, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Websites or any Services available thereon to (a) protect Company and its sponsors, employees, officers, directors, shareholders, agents, representatives and affiliates, and Company's users and visitors; (b) to comply with legal obligations or governmental requests; and (c) to enforce these Terms; or for any other reason or purpose.
Notwithstanding anything contrary stated in these Terms, by submitting any data, article, information or statement you represent and warrant that (a) you own or otherwise control all of the rights including without limitation, all copyrights, to such data, article(s), information or statement(s) or are otherwise legally entitled to submit such data, article(s), information or statement(s); (b) the content is accurate; (b) use of the content you supply does not violate the Terms and will not cause injury to any person or entity; and (d) you will indemnify Company and/or its subsidiaries and affiliates for all claims resulting from any content, including without limitation, all data, article(s), information or statement(s) you supply, provide or transmit to Company or the Websites. Company takes no responsibility and assumes no liability for any data, article(s), information or statement(s) submitted by you or any third party. COMPANY RESERVES THE RIGHT TO REMOVE ANY DATA, ARTICLE(S), INFORMATION OR STATEMENT(S) THAT IT DETERMINES IN ITS SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE WEBSITES, IN OR THROUGH USE OF THE SERVICES.
10. Right to Modify. Company reserves the right, at any time, to modify, suspend, or discontinue the Websites, the Materials, including the Services, and/or any part or parts thereof with or without notice. You agree that Company will not be liable to you or to any third party for any such modification, suspension, or discontinuation.
11. Acknowledgements. You hereby agree and acknowledge that : (a) Company has the right to obtain without notification to you certain information about your computer or software, including without limitation, your operating system, identification of your hard drives, central processing unit, MAC address, IP address, and Internet browser for purposes of identification and other lawful purposes; (b) Company has the right to obtain without notification to you non-personal information from your connection to the Websites and/or Services for demographic or any other lawful purposes; and (c) Company has the right to obtain without notification to you information from your computer, software, and parts or portions thereof, including without limitation, your computer's random access memory, video card, central processing unit, hard drive(s) and any other storage devices in order to assist our efforts in policing users who may develop and/or use "hacks." The information obtained in this Section may be used for the purpose of identifying persons or entities not in compliance or believed by Company to not be in compliance with the Terms and any and all other Company Standards, rules, policies, notices and/or agreements.
You acknowledge and agree that you (and not Company) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use any service provided by Company, including without limitation, the Websites and/or Services, and paying all charges related thereto. You also acknowledge that you are responsible for obtaining and maintaining your access to any website through which you access Company's products or Services, including the Websites.
12. Use & Access. YOU MUST BE AT LEAST 18 YEARS OF AGE TO (a) USE THE WEBSITES OR THE SERVICES, (b) USE ANYTHING ACCESSIBLE OR AVAILABLE ON OR THROUGH THE WEBSITES, (c) CREATE AN ACCOUNT, OR (d) TRANSMIT/SUBMIT/POST ANY SUBMISSION, ANY PERSONAL INFORMATION OR ANYTHING ANYWHERE ON THE WEBSITES. By accessing, using and/or submitting information to or through any of the Websites or Services, including Services available on or through Third Party Platforms, you represent that you are at least 18 years of age or older and otherwise have the legal capacity to enter into these Terms.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of protections is available from America Links Up: http://www.netparents.org/parentstips/browsers.html.
14. Jurisdictional Issues. Access to and use of the Websites and Materials, including any Services, from any jurisdiction where the content, products or services is illegal is strictly prohibited. Company makes no representation that Materials, including any Services, available on or through the Websites are appropriate or available for use in any jurisdictions outside the United States and those who choose to access or use any of the Websites or Materials, including any Services, from such other jurisdictions do so on their own initiative and at their own risk, and are responsible for compliance with local laws, rules or regulations, including, without limitation, rules about the internet, data, e-mail, or privacy.
15. Export Control. Any Materials available on or through the Websites or through the Services are subject to United States export controls. The Materials may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any such Materials, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, regardless of whether such transmission is permitted under the Terms or by applicable law.
16. Termination. Your right to access and use the Websites and Materials, including the Services, will remain effective until terminated in accordance with the Terms. Company reserves the right to revoke the limited license granted to you herein for any reason or no reason, and, if we do, Company may terminate your access to and use of the Websites and Materials, including the Services, and may, in its sole discretion maintain or delete your Account and any items associated therewith. If Company revokes your license, you agree that Company will not have any liability to you for any time spent by you accessing or using the Websites or the Services, or for any other reason whatsoever.
Company may suspend, terminate, modify, or delete your Account with or without notice to you, at any time for any reason or for no reason, including without limitation, for violation or suspected violation of the Terms. Upon termination, your right to access and use the Websites and Materials, including without limitation the Services, will immediately cease. In addition to its termination rights, Company also reserves the right to refuse service to anyone and to remove content or Materials for any reason whatsoever in its sole discretion.
You may terminate your Account by sending a letter stating your intention to 601 Pennsylvania Avenue, NW, South Building | Suite 500, Washington, DC 20004, Attn:_USHEI Site Director or firstname.lastname@example.org (with the subject line "USHEI Termination Request"). Without limiting Company's general right to terminate your Account as set forth in the preceding paragraph, Company may terminate and delete your Account, including anything associated with your Account, in our sole discretion, if your Account has been inactive for a period of at least 6 months Your Account will be considered inactive if you do not log on to any Websites or Services using your username and password.
The provisions of Sections 2, 4 through 7, 9, 10, 13,14, 15, 16 through 20, and 24 through 28 will survive any termination of the Terms.
17. Disclaimers. THE WEBSITES AND THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OBTAINED ON OR AVAILABLE THROUGH THE WEBSITES, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. COMPANY AND ITS AFFILIATES, MEMBERS, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITES OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITES, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE MATERIALS (OR ANY PART THEREOF INCLUDING THE SERVICES), THE SERVER(S) ON WHICH THE WEBSITES OR SERVICES ARE HOSTED, OR ANY PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF COMPANY OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITES, IN THE MATERIALS, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE WEBSITES AND MATERIALS, INCLUDING WITHOUT LIMITATION ANY PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITES ARE ENTIRELY AT YOUR OWN RISK.
18. Inaccuracies. A possibility exists that the Websites and Materials, including the Services, could include inaccuracies or errors, or information or materials that violate the Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Websites or Materials, including any Services. Although Company attempts to ensure the integrity of the Websites and Materials, including the Services, we make no guarantees as to any Website's or Material's completeness or correctness. In the event that a situation arises in which a Website's or Material's completeness or correctness is in question, please contact us at email@example.com (with the subject line "Inaccuracies in Websites") with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Website, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the Section 12 on "Claims of Copyright Infringement" above.
20. Indemnification. You agree to indemnify, defend and hold harmless Company, our affiliates, members, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs (including without limitation, reasonable attorneys' fees and expenses) and other expenses that arise directly or indirectly out of or from: (a) any allegation that any User Idea or other information you submit to us or transmit to the Websites infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (b) your breach or violation (including through use of your username or Account, whether or not by you) of the Terms, including the Standards, or any applicable laws or regulations; (c) your access to and use of the Websites, the Materials, including any Services; (d) any viruses, spyware, or other similar harmful or intrusive program code posted, submitted or transmitted by you to the Websites, in the Services; and/or (e) any claim that one of your User Ideas caused damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.
21. Questions. The Website is provided by The Council for Affordable Quality Healthcare. If you have any questions, comments or complaints regarding the Terms, the Websites or the Materials, please contact us at: 601 Pennsylvania Avenue, NW, Suite 500, Washington, D.C. 20004, Attn: Webmaster or firstname.lastname@example.org (with the subject line "Questions, Comments or Complaints").
22. Notice for California Users. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210. 23. System Outages. Company periodically schedules system downtime for the Websites and Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that Company has no responsibility and is not liable for: (a) the unavailability of the Websites or Materials, including the Services; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Websites or Materials, any Internet service provides, or any Internet facilities and networks.
24. Statute of Limitations. Any claim or cause of action arising out of or related to use of the Websites, the Materials, including any Services, or the Terms must be filed within one year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such one year period, such claim or cause of action are forever barred.
25. Choice of Law/Venue. The Terms are governed by and construed in accordance with the laws of the State of New York, United States of America, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction. Any disputes between you and Company relating to the Websites, the Materials, including the Services, that involve a claim of less than $10,000 must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, you and Company agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any disputes between you and Company that involve a claim of more than $10,000 are subject to the exclusive jurisdiction of the Federal and State courts located in New York County, New York.
26. Notices. All notices required or permitted to be given under this Agreement must be in writing and shall be given by personal delivery, registered or certified mail, or Federal Express or other nationally recognized courier service which regularly tracks its packages, if to Company to 601 Pennsylvania Avenue, NW, Suite 500, Washington, D.C. 20004, attn: Webmaster, and if to you, to the e-mail and/or postal address associated with your Account. Notices, if personally delivered, shall be deemed to have been received on the date of delivery; if by registered or certified mail, on the third business day after mailing; if by Federal Express or e-mail, on the second business day after deposit with the service. You may not send any notices under this Section to Company via e-mail.
27. Entire Agreement. The Terms, and all documents incorporated by reference, constitute the entire agreement between you and Company relating to the subject matter herein and supersede any and all prior or contemporaneous agreements or communications, whether electronic, written or oral, between you and Company with respect to the subject matter herein, and you represent that you have not relied on any such agreements or communications in accepting these Terms. If you are a data contributor, to the extent that any other agreement(s) between you and Company impose on you additional restrictions, obligations and duties, and in the event of a conflict between the Terms and such agreement(s), such agreement will control.