Terms & Conditions for the use of
Equestrian Websites Services
The Terms below set out the basis on which we
will provide services to you. You must read these Terms carefully and, if you
wish to proceed, confirm your acceptance of these Terms by clicking on the
button marked "Accept" below (online) or signing where appropriate
(offline). If you are unsure or are not prepared to agree with any of the
Terms please click "Decline" (online). If we agree to provide the
Service to you on this basis then we will send you an acknowledgement of
order. We will consider any reasonable request for changes to these Terms and
our address for this purpose is as set out below. Part A contains the general
terms and Part B terms relating to specific services.
Part A
1 DEFINITIONS
1.1 In
these Terms, the following words shall (unless the context otherwise
requires) have the following meanings:
- Additional Charges - any charges additional to
the Fee that may be invoiced by us to you in accordance with these Terms
(whether by virtue of a specific provision or otherwise) which will be
calculated on a time and materials basis in accordance with our then
current standard rates;
- Agreement - these Terms and the Order
Form;
- Carrier - any supplier to us from
time to time of telecommunications
services in respect of the Service;
- Fees - the amount(s) payable by
you (excluding VAT) for the Services set out in Part B;
- IPR - all patents, copyright,
moral rights, design rights, know-how, Confidential Information,
database rights, trademarks and service marks together with applications to register any of the above (where
applicable);
- Order Form - the form signed by you in
respect of the Services;
- Party - you and us;
- Services - the services listed on the
Order Form and in respect of each specific terms are set out in Part B
and the detailed specifications
are set out in the relevant Product Information Sheet displayed on our
web site;
- Start Date - the earliest of the Start
Dates set out in Part B;
- Terms - these terms and conditions
consisting of Part A and Part B;
- Us, we, our - Brian Dowding trading as Equestrian Websites,
66 Cwrt Coch Street, Aberbargoed, Bargoed, Mid-Glam, CF81 9FA, UK;
- Your, You - the organisation
or person requiring the Services whose details are set out in the Order
Form;
- Web Site - www.equestrianwebsites.com;
2 OUR OBLIGATIONS
2.1 We
agree to provide to you the Services for the Fees.
2.2 We will use all reasonable endeavours to provide the Services
without interruption and materially error free.
2.3 You acknowledge that our obligations may be carried out on our
behalf by a Carrier or other sub-contractor or agent.
3 YOUR OBLIGATIONS
3.1 You
agree to pay the Fees as shown on the order form upon request.
3.2 You are responsible for the cost of all charges for telephone or
cable services you incur while using the Services.
3.3 You agree that all information you have given to us is correct and
that you will inform us if it changes. You accept that you will be liable for
Additional Charges if you give us incorrect information that we act on.
3.4 You agree to indemnify us and any Carrier against any loss either
of us may suffer from your use of the Services.
3.5 You agree that you will:
3.5.1 comply with any reasonable instructions or directions issued by
us from time to time in respect of the Services;
3.5.2 conform to such protocols and standards as are issued from time
to time in respect of the use of the Internet or the Services;
3.5.3 fully indemnify us against any costs and claims from any third
party resulting from your acts or omissions in respect of the Services; and
3.5.4 comply with all applicable legislation (including but not
limited to matters arising under the Data Protection Act 1998 and the
Regulation of Investigatory Powers Act 2000).
3.6 You agree that you will
not (and you will ensure that your employees, agents and sub-contractors do
not):
3.6.1 use the Services for any unlawful
purpose or in contravention of any English or other law. This includes but is
not limited to:
a.
any act or omission which will or is likely to infringe the
intellectual property rights of a third party;
b.
the transmission, display, downloading or uploading of any
material or text which is or is likely to be construed as defamatory,
offensive, abusive, obscene or which will or is likely to cause unnecessary
anxiety or inconvenience to a third party;
c.
use of the Services in any way which is or is likely to violate
or infringe the rights of any individual, firm or company in the United
Kingdom or elsewhere.
3.6.2 to send or procure the sending of unsolicited advertising or
promotional material; or
3.6.3 in a way that does not comply with any instructions given by us
for reasons of health, safety or the quality of the Carrier's telecommunications services or our system.
3.6.4 use the Services in anyway that will or
is likely to make excessive use of our network (including but not limited to
spamming).
3.7 The person signing the Order Form warrants his or her authority
to bind you to this Agreement.
4 LIABILITY
4.1 SAVE
AS REQUIRED BY LAW WE DO NOT WARRANT THE SERVICES (OR ANY OF THEM) AGAINST
FAILURE OF PERFORMANCE. WE DISCLAIM AND YOU WAIVE ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR THE EQUIPMENT, ARISING BY
LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTY OF
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY OBLIGATION,
LIABILITY, RIGHT, REMEDY, CLAIM IN TORT, NOTWITHSTANDING ANY FAULT,
NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY OF US (WHETHER EXPRESS OR
IMPLIED) SO FAR AS THE LAW PERMITS.
4.2 You agree that we are not liable in contract or tort (other than
fraudulent or negligent misrepresentation) or otherwise arising out of or in
connection with these Terms for economic loss (including, without limitation,
loss of revenue, profits, contracts, business or anticipated savings), loss
of goodwill or reputation, indirect or consequential losses whether or not
such losses were within our contemplation, suffered or incurred by you or any
third party arising out or in connection with the provisions of the Services
(or any part of them).
4.3 Subject to clause 4.4 our total liability to you arising out of or
in connection with this Agreement and the performance or observation of our
obligations under them shall be limited to the greater of aggregate to the
amount paid by you to us in the twelve months prior to the date on which your
claim arose and £1,000.
4.4 Nothing in this Agreement shall exclude or limit liability for
death or personal injury resulting from our negligence or that of the
carrier, our employees or sub-contractors.
5 PROPRIETARY RIGHTS
5.1 All
title, rights and interest (including but not limited to ownership and IPR)
in the Services remain with us the Carrier and our suppliers. You acknowledge
such title, interest and rights and you shall not take any action or omit to
take any action which will or is likely to jeopardise, limit or interfere in
any manner such title, right or interest.
5.2 Title and related rights in any content accessed through the
Service are the property of the applicable content owner and are protected by
applicable laws. The right to use granted to you under clause 2.1 gives you
no rights to such content. If you wish to use such content, You must ensure
that you have the appropriate consent or licence of the content owner.
5.3 You acknowledge that you shall have no rights to any IPR in the
Services.
6 TERMINATION
6.1
Independent of any additional rights to terminate set out in Part B, we may
terminate or suspend your use of the Services (or any of them) at any time,
at our sole discretion, if you breach any term of these Terms.
6.2 Unless terminated as set out elsewhere, this agreement will continue
until you give us at least thirty (30) days' written notice. Such notice will
terminate this Agreement.
6.3 Upon termination of this agreement your right to use Service shall
immediately terminate and you shall immediately stop using the Service.
7 CONFIDENTIALITY
7.1 Each
of us shall while we are providing Services under these Terms and thereafter
keep secret and confidential all business, technical or commercial
information disclosed to one of us by the other or otherwise which belongs to
the other its sub-contractors, carriers, telecommunication
providers or clients (and shall procure that its agents and/or employees are
similarly bound) and shall not disclose the same to any person save to the
extent necessary to perform its obligations in accordance with the terms of
these Terms or save as expressly authorised in writing to be disclosed by the
other.
7.2 The obligation of confidentiality contained in clause 7.1 shall
not apply or (as the case may be) shall cease to apply to business, technical
or commercial information which:-
7.2.1 at the time of its disclosure by the disclosing Party is
already in the public domain or which subsequently enters the public domain
other than by the breach of these Terms;
7.2.2 is required to be disclosed under applicable law or order of a
court of competent jurisdiction or government department or agency or by the
London Stock Exchange, provided that prior to such disclosure the receiving
Party shall advise to the disclosing Party of the proposed form of
disclosure.
8 GENERAL
8.1 You
accept that we may, in accordance with legal requirements, have to disclose
information to governmental organisations (including the police) in respect
of your use of the Services. Subject to any legal prohibitions to the
contrary we will notify you of such disclosure as soon as reasonably
possible.
8.2 We may from time to time wish to notify you of additional services
provided by us or third parties that we believe may be of interest to you. If
you do not want to receive such information please write to us at the address
for notice.
8.3 We shall not be liable for any breach of our obligations hereunder
resulting from causes beyond our reasonable control including but not limited
to fires, strikes (of own or other employees) insurrection, or riots,
embargoes or delays in transportation, inability to obtain supplies, acts of
local or central Government or other competent authorities or acts or
omissions of third party telecommunications
service providers.
8.4 Any notice required or permitted under the Terms must be in
English and be sent to us at any of the following addresses:
Equestrian Websites, 66 Cwrt Coch Street, Aberbargoed, Bargoed,
Mid-Glam, CF81 9FA, UK or +44 (0)1443 879777 or notices@equestrianwebsites.com
Any notice to be sent to you will be sent to the address which you provide
when applying for the Services unless you notify us otherwise.
8.5 These Terms do not create a partnership, joint venture, agency
or franchise relationship.
8.6 You may not sell, lease, sub-licence, assign or otherwise
transfer, whether in whole or in part, by operation of law or otherwise, the
rights or obligations (including the Services) arising under these Terms
without our prior written consent.
8.7 Notwithstanding any provision to the contrary, nothing in these
Terms will create or confer any rights or other benefits whether in
accordance with the Contracts (Rights of Third Parties) Act 1999 or otherwise
in favour of any person other than you, us or the Carrier.
8.8 The headings to the sections of these Terms are for convenience
only and have no substantive meaning.
8.9 These Terms are governed by the laws of England
and Wales
and we both submit to the exclusive jurisdiction of the English Courts.
8.10 If and in so far as any part or provision of these Terms is or
becomes void or unenforceable it should be deemed not to be and never to have
been nor formed a part of these Terms and the remaining provisions of these
Terms shall continue in full force and effect. in
such an event, we shall meet with you to discuss the void and unenforceable
provisions and shall substitute therefore a lawful and enforceable provision
which so far as possible results in the same economic effects.
8.11 This Agreement may not be amended, varied, supplemented or
otherwise modified unless agreed by us in writing.
8.12 The failure by us to insist on the performance of any of the
provisions of these Terms shall not be construed as a waiver or a
relinquishment of that our rights to future performance of such provisions
and your obligation in respect of such future performance shall continue in
full force and effect.
8.13 This Agreement supersedes any previous agreement between us and
you in relation to the matters dealt with in it and you acknowledge and agree
that you have not entered into this Agreement in reliance upon any
representation, or statement or whether oral or written) made or alleged to
have been made by us or our agents.
9 FAULTS IN THE SERVICE
9.1 You
will immediately upon becoming aware of the same report any fault in the
Equipment or the Service to us by e-mail support@equestrianwebsites.com or by
telephone +44 (0)1443 879795.
9.2 You acknowledge that occasionally we and/or our Carrier may have
to temporarily interrupt the Service or change the specification of the Service for operational reasons or
because of an emergency. In these circumstances you shall have no claim
against us for any such interruption or change.
Part B - WEB HOSTING
BACKGROUND
- This section of Part B relates
only to Web Hosting Services.
1 DEFINITIONS
1.1 In
this Part, the following terms shall have the following meanings:
- Service - the provision of Web
Hosting;
- Start Date - the date upon which your
domain name is transferred to us or registered with us.
2 We agree to provide the Service to you from
the Start Date.
3 If you receive notification
from us or any third party that any material on your web site is defamatory,
in breach of copyright or illegal you will inform us forthwith and, if so
requested, remove the same.
Part B - E-MAIL
BACKGROUND
- This section of Part B relates
only to E-mail Services.
1 DEFINITIONS
1.1 In
this Part, the following terms shall have the following meanings:
- Service - the provision of E-mail
Services;
- Start Date - the date upon which your
e-mail domain name is transferred to us or registered by us and we
provide connection details to you.
2 We agree to provide the Service to you from
the Start Date.
Part B - DOMAIN NAME REGISTRATION
BACKGROUND
- This section of Part B relates
only to Domain Name Registration and does not take effect if no domain
name registration is requested.
1 DEFINITIONS
1.1 In
this Part, the following terms shall have the following meanings:
- Service - the registration of domain
names;
- Start Date - the date acceptable by us
of the order form.
2 We agree to register one domain name free of
charge if you order any of our other Services. This registration must be one
of the suffixes set out on the order form. All other registrations will be
charged at the rate set out on our web site.
3 In the event that the domain name you require
is not available then we will inform you of this and request alternatives.
Domain names will not be transferred unless all outstanding fees and charges
have been paid.
Domain Registration (.com, .org, .net)
1 AGREEMENT
In this Service Agreement
("Agreement") "you" and "your" refer to each
customer, "we", us" and "our" refer to Tucows.com
and "Services" refers to the services provided by us as offered
through Equestrian Websites, the Registration Service Provider
("RSP"). This Agreement explains our obligations to you, and
explains your obligations to us for various Services. By selecting our
Services you have agreed to establish an account with us for such Services.
When you use your account or permit someone else to use it to purchase or
otherwise acquire access to additional Services or to cancel your Services
(even if we were not notified of such authorization), this Agreement covers
such service or actions. By using the Services under this Agreement, you
acknowledge that you have read and agree to be bound by all terms and
conditions of this Agreement and any pertinent rules or policies that are or
may be published by us.
2 SELECTION OF A DOMAIN NAME
We cannot and do not check to see whether the
domain name you select, or the use you make of the domain name, infringes
legal rights of others. We urge you to investigate to see whether the domain
name you select or its use infringes legal rights of others, and in
particular we suggest you seek advice of competent counsel. You may wish to
consider seeking one or more trademark registrations in connection with your
domain name. You should be aware that there is the possibility we might be
ordered by a court to cancel, modify, or transfer your domain name. You
should be aware that if we are sued or threatened with lawsuit in connection
with your domain name, we may turn to you to hold us harmless and indemnify
us.
3 FEES, PAYMENT AND TERM
As consideration for the services you have selected,
you agree to pay us the applicable service(s) fees. All fees payable
hereunder are non-refundable unless we provide otherwise. As further
consideration for the Services, you agree to: (1) provide certain current,
complete and accurate information about you as required by the registration
process and (2) maintain and update this information as needed to keep it
current, complete and accurate. All such information shall be referred to as
account information ("Account Information"). You hereby grant us
the right to disclose to third parties such Account Information. The
Registrant, by completing and submitting the Domain Name Registration
Agreement ("Registration Agreement"), represents that the
statements in its application are
true and that the registration of the selected Domain Name, so far as the
Registrant is aware, does not interfere with or infringe upon the rights of
any third party. The Registrant also represents that the Domain Name is not
being registered for any unlawful purpose.
4 MODIFICATIONS TO AGREEMENT
You agree, during the period of this Agreement,
that we may: (1) revise the terms and conditions of this Agreement; and (2)
change the services provided under this Agreement. Any such revision or
change will be binding and effective immediately on posting of the revised
Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the
Notices section of this agreement, Section 20. You agree to review our web
site, including the Agreement, periodically to be aware of any such
revisions. If you do not agree with any revision to the Agreement, you may
terminate this Agreement at any time by providing us with notice by e-mail or
regular mail as per the Notices section of this agreement, Section 20. Notice
of your termination will be effective on receipt and processing by us. You
agree that, by continuing to use the Services following notice of any
revision to this Agreement or change in service(s), you abide by any such
revisions or changes. You further agree to abide by the ICANN Uniform Dispute
Resolution Policy ("Dispute Policy") as amended from timeto time. You agree that, by maintaining the
reservation or registration of your domain name after modifications to the Dispute Policy become effective,
you have agreed to these modifications.
You acknowledge that if you do not agree to any such modifications, you may request that your domain name be
deleted from the domain name database.
5 MODIFICATIONS TO YOUR ACCOUNT
In order to change any of your account
information with us, you must use your Account Identifier and Password that
you selected when you opened your account with us. Please safeguard your
Account Identifier and Password from any unauthorized use. In no event will
we be liable for the unauthorized use or misuse of your Account Identifier or
Password.
6 DOMAIN NAME DISPUTE POLICY
If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar, you
agree to be bound the Dispute Policy which is incorporated herein and made a
part of this Agreement by reference. The current version of the Dispute
Policy may be found at our web site http://www.icann.org/udrp/udrp-policy-24oct99.htm.
Please take the time to familiarize yourself with such policy.
7 DOMAIN NAME DISPUTES
You agree that, if the registration or
reservation of your domain name is challenged by a third party, you will be
subject to the provisions specified in the Dispute Policy in effect at the
time of the dispute. You agree that in the event a domain name dispute arises
with any third party, you will indemnify and hold us harmless pursuant to the
terms and conditions contained in the Dispute Policy. For any dispute, you
agree to submit to the jurisdiction of the courts of your domicile, the
courts of the geographic location
indicated by your WHOIS
information for your domain name, and the courts of the United Kingdom.
8 AGENTS
You agree that, if an agent for you (i.e., an
Internet Service Provider, employee, etc.) purchased our Services on your
behalf, you are nonetheless bound as a principal by all terms and conditions
herein, including the Dispute Policy.
9 ANNOUNCEMENTS
We reserve the right to distribute information
to you that is pertinent to the quality or operation of our services and
those of our service partners. These announcements will be predominately
informative in nature and may include notices describing changes, upgrades,
new products or other information to add security or to enhance your identity
on the Internet.
10 LIMITATION OF LIABILITY
You agree that our entire liability, and your
exclusive remedy, with respect to any Services(s) provided under this
Agreement and any breach of this Agreement is solely limited to the amount
you paid for such Service(s). We and our contractors shall not be liable for
any direct, indirect, incidental, special or consequential damages resulting
from the use or inability to use any of the Services or for the cost of
procurement of substitute services. Because some states do not allow the
exclusion or limitation of liability for consequential or incidental damages,
in such states, our liability is limited to the extent permitted by law. We
disclaim any and all loss or liability resulting from, but not limited to:
(1) loss or liability resulting from access delays or access interruptions;
(2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts
of God; (4) loss or liability resulting from the unauthorized use or misuse
of your Account Identifier or Password; (5) loss or liability resulting from
errors, omissions, or misstatements in any and all information or services(s)
provided under this Agreement; (6) loss or liability resulting from the
development or interruption of your Web site or email service. The registrant
agrees that we will not be liable for any loss of registration and use of
registrant's domain name, or for interruption of business, or any indirect,
special, incidental, or consequential damages of any kind (including lost
profits) regardless of the form of action whether in contract, tort
(including negligence), or otherwise, even if we have been advised of the possibility
of such damages. In no event shall our maximum liability exceed five hundred
($500.00) dollars.
11 INDEMNITY
You agree to release, indemnify, and hold us,
our contractors, agents, employees, officers, directors and affiliates harmless
from all liabilities, claims and expenses, including attorney's fees, of
third parties relating to or arising under this Agreement, the Services
provided hereunder or your use of the Services, including without limitation
infringement by you, or someone else using the E-mail Service with your
computer, of any intellectual property or other proprietary right of any
person or entity, or from the violation of any of our operating rules or
policy relating to the service(s) provided. You also agree to release,
indemnify and hold us harmless pursuant to the terms and conditions contained
in the Dispute Policy. When we are threatened with suit by a third party, we
may seek written assurances from you concerning your promise to indemnify us;
your failure to provide those assurances may be considered by us to be a
breach of your Agreement and may result in deactivation of your domain name.
12 BREACH
You agree that failure to abide by any provision
of this Agreement, any operating rule or policy or the Dispute Policy
provided by us, may be considered by us to be a material breach and that we
may provide a written notice, describing the breach, to you. If within thirty
(30) calendar days of the date of such notice, you fail to provide evidence,
which is reasonably satisfactory to us, that you have not breached your
obligations under the Agreement, then we may delete
the registration or reservation of your domain name or terminate your e-mail
account without further notice. Any such breach by you shall not be deemed to
be excused simply because we did not act earlier in response to that, or any
other breach by you.
13 NO GUARANTY
You agree that, by registration or reservation
of your chosen domain name, such registration or reservation does not confer
immunity from objection to either the registration,
reservation, or use of the domain name.
14 DISCLAIMER OF WARRANTIES
You agree and warrant that the information that
you provide to us to register or reserve your domain name or register for
other Services is, to the best of your knowledge and belief, accurate and
complete, and that any future changes to this information will be provided to
us in a timely manner according to the modification
procedures in place at that time. You agree that your use of our Services is
solely at your own risk. You agree that such Service(s) is provided on an
"as is," "as available" basis. we expressly disclaims all
warranties of any kind, whether express or implied, including but not limited
to the implied warranties of merchantability, fitness for a particular
purpose and non-infringement. We make no warranty that the Services will meet
your requirements, or that the Service(s) will be uninterrupted, timely,
secure, or error free; nor do we make any warranty as to the results that may
be obtained from the use of the Service(s) or as to the accuracy or
reliability of any information obtained through the our e-mail service or
that defects in the Services software will be corrected. You understand and
agree that any material and/or data downloaded or otherwise obtained through
the use of the our e-mail service is done at your own discretion and risk and
that you will be solely responsible for any damage to your computer system or
loss of data that results from the download of such material and/or data. We
make no warranty regarding any goods or services purchased or obtained
through the e-mail service or any transactions entered into through the
e-mail service. No advice or information, whether oral or written, obtained
by you from us or through the e-mail service shall create any warranty not
expressly made herein. Some jurisdictions do not allow the exclusion of
certain warranties, so some of the above exclusions may not apply to you.
15 REVOCATION
You agree that we may delete your domain name or
terminate your right to use other Services if the information that you
provided to register or reserve your domain name or register for other
Services, or subsequently to modify it, contains false or misleading
information, or conceals or omits any information we would likely consider
material to our decision to register or reserve your domain name. You agree
that we may, in our sole discretion, delete or transfer your domain name at
any time.
16 RIGHT OF REFUSAL
We, in our sole discretion, reserve the right to
refuse to register or reserve your chosen domain name or register you for
other Services, or to delete your domain name within thirty (30) calendar
days from receipt of your payment for such services. In the event we do not
register or reserve your domain name or register you for other Services, or
we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable
fee(s). You agree that we shall not be liable to you for loss or damages that
may result from our refusal to register or reserve, or delete your domain
name or register you for other Services.
17 SEVERABILITY
You agree that the terms of this Agreement are
severable. If any term or provision is declared invalid or unenforceable,
that term or provision will be construed consistent with applicable law as
nearly as possible to reflect the original intentions of the parties, and the
remaining terms and provisions will remain in full force and effect.
18 NON-AGENCY
Nothing contained in this Agreement or the
Dispute Policy shall be construed as creating any agency, partnership, or
other form of joint enterprise between the parties.
19 NON-WAIVER
Our failure to require performance by the
Registrant of any provision hereof shall not affect the full right to require
such performance at any time thereafter; nor shall the waiver by us of a
breach of any provision hereof be taken or held to be a waiver of the
provision itself.
20 NOTICES
Any notice, direction or other communication given under this Agreement shall be in
writing and given by sending it via e-mail or via regular mail. In the case
of e-mail, valid notice shall only have been deemed to have been given when
an electronic confirmation of delivery has been obtained by the sender, in
the case of notice to us or to the RSP to admin@equestrianwebsites.com
or, in the case of notice to you, at the e-mail address provided by you in
your WHOIS record or as updated from time to time. Mail shall be sent to
Equestrian Websites and to you at the mailing address provided in your
Affiliate application or as
updated from time to time. Any e-mail communication
shall be deemed to have been validly and effectively given on the date of
such communication, if such date
is a business day and such delivery was made prior to 4:00 p.m. (Greenwich
meantime) and otherwise on the next business day. Any communication sent via regular mail shall be deemed to
have been validly and effectively given 5 business days after the date of
mailing.
21 ENTIRETY
You agree that this Agreement, the rules and
policies published us and the Dispute Policy are the
complete and exclusive agreement between you and us regarding our Services.
This Agreement and the Dispute Policy supersede all prior agreements and
understandings, whether established by custom, practice, policy or precedent.
22 GOVERNING LAW
This Agreement shall be governed by and
interpreted and enforced in accordance with the LAWS OF THE UNITED KINGDOM
applicable therein without reference to rules governing choice of laws. Any
action relating to this Agreement must be brought in BLACKWOOD, WALES and you
irrevocably consent to the jurisdiction of such courts.
23 INFANCY
You attest that you are of legal age to enter
into this Agreement.
24 ACCEPTANCE OF AGREEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY
EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE NETWORK AND ARE
NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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