BAR UNIVERSITY TERMS OF USE
Last updated: March 31, 2009
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING ANY BARUNIVERSITY.COM, LLC WEBSITE YOU AGREE TO ABIDE BY THE TERMS OF USE ("AGREEMENT") BETWEEN YOU AND BARUNIVERSITY.COM, LLC. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE BARUNIVERSITY.COM, LLC WEBSITE.
You hereby acknowledge and agree as follows:
BarUniversity.com and its licensors reserve the right to make changes or modifications to the BarUniversity.com Website and this Agreement. Display of notice of changes online at the BarUniversity.com Website where you access the BarUniversity.com Website shall constitute effective notice under this Agreement on the day BarUniversity.com places the changes on line on its website, and your continued use of the BarUniversity.com Website thereafter shall constitute your acceptance of such changes or modifications.
I. License Grant.
BarUniversity.com, LLC ("BarUniversity.com") grants you a limited, non-exclusive, personal, non-assignable and non-transferable license to access and use the BarUniversity.com Website, provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this Agreement.
The BarUniversity.com Website includes, as applicable and without limitation:
A. BarUniversity.com on-line computer system including all electronic databases and services accessed by or through BarUniversity.com on-line computer system, including the Community as defined below, and individual items within those databases or services which may constitute independent works of authorship;
B. all documentation, including user manuals, operations manuals and the like provided to you by or for BarUniversity.com,for use in connection with the on-line computer system; and
C. any courses, video presentations, audio presentations, slideshows, software, products, services, data or information provided by BarUniversity.com or obtained through BarUniversity.com on-line computer system (collectively referred to herein as "Information").
II. Ownership, Use and Intellectual Property Rights.
The BarUniversity.com Website is the valuable, exclusive property of BarUniversity.com or its licensors, and nothing in this Agreement shall be construed as transferring or assigning any ownership rights in such property to you or any other person or entity. You have a license to use the BarUniversity.com Website as long as you comply with the terms of this Agreement or until BarUniversity.com terminates this Agreement or your access rights. The BarUniversity.com Website, and all documentation, information, text, images, marks, data, code, software, music, files, logos and all other content contained in theBarUniversity.com Website, and the selection and arrangement thereof, are the proprietary property of BarUniversity.com or its licensors and are protected by U.S. and international copyright laws. The BarUniversity.com Website and all content is © 2009 BarUnviersity.com, LLC, All Rights Reserved. The BarUniversity.com Website is protected by contract law and intellectual property law, including domestic and international copyright law, and all intellectual property rights in the BarUniversity.com Website belong to BarUniversity.com or its licensors.
If BarUniversity.com provides you with an access identification, you may not allow concurrent use of the BarUniversity.com Website by multiple users utilizing identical user identification numbers, or allow another person or entity to use your user identification number to access the BarUniversity.com Website. You may not remove, alter or obscure any copyright, legal or proprietary notice in or on any portion of the BarUniversity.com Website. You may store in the memory of your computer and may manipulate, analyze, reformat, print and/or display for your use only and not for further distribution or display, the information received or accessed through the BarUniversity.com Website pursuant to this Agreement. You may not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database. Unless separately and specifically authorized in writing by an officer of BarUniversity.com, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the BarUniversity.com Website, any part thereof, or any of the information received or accessed therefrom, to or through any other person or entity. All rights not granted to you herein are expressly reserved by BarUniversity.com or its licensors. BarUniversity.com and its licensors reserve all rights to enforce their copyright and intellectual property rights.
III. Termination.
A. This Agreement and the limited license rights granted hereunder shall remain in full force and effect unless terminated or canceled for any of the following reasons:
1. By BarUniversity.com for any unauthorized access or use by you, including, without limitation: concurrent access of the BarUniversity.com Website by multiple users utilizing identical user identification numbers; permitting another person or entity to use your user identification number to access the BarUniversity.com Website; or any other access or use of the BarUniversity.com Website except as expressly provided in this Agreement;
2. by BarUniversity.com if you assign or transfer (or attempt to assign or transfer) any rights granted to you under this Agreement;
3. by BarUniversity.com if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the software and/or data files contained in or accessed through, the BarUniversity.com Website;
4. by BarUniversity.com if you transmit or receive using the BarUniversity.com Website (or cause the transmission or receipt of) any pornographic, obscene, disparaging, defamatory, or libelous information of any nature or form whatsoever, with respect to any other user, company, or any other person or business entity (BarUniversity.com, in its sole discretion, shall determine whether any information transmitted or received violates this provision);
5. upon discontinuance of the BarUniversity.com Website by BarUniversity.com; or
6. by BarUniversity.com if you violate any of the other terms and conditions of this Agreement.
B. Termination or cancellation of this Agreement shall not affect any other right or relief to which BarUniversity.com may be entitled, whether at law or in equity. Regardless of the reason for cancellation or termination of this Agreement:
1. all rights granted to you will terminate and revert to BarUniversity.com;
2. as requested by BarUniversity.com, you agree to erase and destroy any copies of the BarUniversity.com Website and/or materials from the BarUniversity.com Website you have made; and
3. you agree to certify to BarUniversity.com your compliance with these requirements in writing upon BarUniversity.com request.
IN NO EVENT SHALL BARUNIVERSITY.COM, LLC OR ITS AFFILIATES BE LIABLE FOR ANY LOSS OR LIABILITY, INCLUDING ANY FUTURE MONETARY JOB LOSSES DUE TO YOUR USE OF THE BARUNIVERSITY.COM WEBSITE OR THE COMMUNITY WEBSITE. THE PROVISIONS CONTAINED IN THE LIMITATION OF LIABILITY CLAUSES OF THIS AGREEMENT SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
IV. Monitoring.
You acknowledge that BarUniversity.com reserves the right to, and that BarUniversity.com may from time to time choose to, monitor any and all information transmitted or received through the BarUniversity.com Website. BarUniversity.com, in its sole discretion and without further notice to you, may review, censor or prohibit the transmission or receipt of any information which BarUniversity.com deems inappropriate (such as that specified in subparagraph (4) of the Termination paragraph above,) or that BarUniversity.com determines violates any term or condition of this Agreement.
V. BarUniversity.com Community.
The BarUniversity.com Community (the "Community") helps you get insight, exchange ideas and connect online with other beginning and advanced bartenders, managers, promoters, and DJ’s who use the BarUniversity.com Online education. We believe the Community is a valuable place for BarUniversity.com students to exchange information and learn from one another. We want the Community to be a friendly, informative and safe place for all of our users.
By participating in this Community, you are agreeing to adhere to these Terms of Use. Any failure to adhere to these standards may lead to disciplinary action, which may include the termination of your rights to participate in our Course Discussion Boards and other features of the Community. In addition, we reserve the right to remove any post to a Discussion Board that we believe is inconsistent with the requirements or the spirit of these Terms of Use.
The Community is for users that are at least 18 years of age. The Community is an English language online community geared towards users of BarUniversity.com products that were purchased in the United States for use in the United States. The Community is governed by United States law. Although persons in other countries are welcome to participate in the Community, the advice and discussion are intended for use by persons in the United States.
A. Registration. You are required to register to access the Community site and read the message boards. Registration (by providing a valid email address, screen name and password) is required if you want to post material on the Community site. We may refuse to grant to you, and you may not use, a screen name or email address that is already being used by someone else, impersonates another person, belongs to another person (without that person's prior consent), violates the intellectual property or other rights of any person, is offensive for any reason, or that we reject for any other reason at our sole discretion. You may have only one screen name. You are responsible for maintaining the confidentiality of your password, and you will be held liable for all activities that occur under your screen name. If you become aware of any unauthorized use of your password or of your account, you agree to notify BarUniversity.com immediately at BarUniversity.com
You agree that all information provided in your profile completed at registration to the Community is accurate, true and complete and that you will update the information as necessary to keep it accurate, true and complete. We may terminate your registration and access if any of the information you provide is found to be inaccurate, false or incomplete.
B. Group Leaders
The Community includes a variety of groups. Every group that participates in the Community must have a Group Leader. Group Leaders are volunteers and are not representatives or employees of BarUniversity.com or its affiliates. Although BarUniversity.com monitors the Community to make sure participants are observing the Code of Conduct.
1. Content is for Informational Purposes
The information shared by Community members is for informational purposes ONLY. Such information is not meant to be financial advice. The results described in Community member testimonials are not indicative of the results individual industry may generally expect to achieve. Users should not expect to experience similar results. NEITHER BARUNIVERSITY.COM NOR ANY THIRD PARTY HAS VERIFIED THE TRUTH OR ACCURACY OF THE RESULTS OR EXPERIENCES DESCRIBED IN THESE TESTIMONIALS.
2. Links to Third Party Sites.
Users may post links on this Site to other websites which are not under the control of BarUniversity.com BarUniversity.com is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. Any such link on the Site does not imply BarUniversity.com endorsement of the site, the organization operating such site, nor any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk.
3. Content is not Investment Advice
Each Community member or student is responsible for conducting his/her own analysis on particular drink recipes and/or Bar-Tube Video making his/her own decisions. Under no circumstances can any member of this Community or BarUniversity.com or any affiliate of BarUniversity.com be held responsible for a recipes or Bar-Tube Video decision made by another person.
4. Restrictions on Content
All Community members shall be responsible for conducting their Community related activities in compliance with all applicable laws, rules and regulations. In addition, Community members are expected to act with a professional demeanor. Do not make postings that:
(a) Contain profanity;
(b) Contain racist, sexist or homophobic comments;
(c) Harass or stalk any person;
(d) Contain defamatory statements or personal attacks on others;
(e) Disrupt other user's enjoyment of the Community;
(f) Are made under another person's name or impersonate anyone;
(g) Contain personal details or private information about any other person, including BarUniversity.com employees (or otherwise violates our Privacy Policy);
(h) Breach any intellectual property rights law or discuss how to commit illegal acts;
(i) Contain commercial advertising or promotions or junk mail of any kind;
(j) May be considered null or contain chain letters or any other form of unauthorized solicitation, including the solicitation of lawsuits;
(k) Contain viruses, Trojan horses, worms, time bombs, cancel-bots or any other computer code or files that are designed to disrupt, damage or limit the functioning of any software of hardware;
(l) Interfere with the operation of the Community, such as broadcast attacks, attempt to overload the system;
(m) Attack BarUniversity.com or other users or Group Leaders of the Community;
(n) Violate U.S. export laws; or
(o) Encourage illegal activity of any kind.
We also ask that you not post when you do not know the answer. This will help avoid postings containing incorrect or misleading answers. We also encourage you to avoid postings that others may find insulting.
5. Communicating with BarUniversity.com
This Community is not an appropriate environment to express concerns about BarUniversity.com Online, its partners or services. Constructive feedback regarding BarUniversity.com services can be submitted to BarUniversity.com. Feedback regarding the website, its use or application can be submitted to BarUniversity.com (Contact Us). Postings on the Community message board do not constitute notice to BarUniversity.com for any purpose. No one in the Community is authorized to provide official responses to questions on behalf of BarUniversity.com.
6. Uses not Permitted
The Community may not be used to discuss competitive offerings, or to allow competitors of BarUniversity.com or its affiliates to solicit for their businesses. The focus of the Community is to allow members of the Community to share insights, exchange ideas and connect online with other beginning and advanced industry leaders who use the BarUniversity.com Method.
Members may not use the Community to collect personal information of other members or to solicit other members for business.
Members may not use the Community to promote their business ventures or to promote the businesses of any third party.
7. Intellectual Property Rights
Members may not post copyrighted material or trademarks belonging to other parties to the Community without their written permission.
If you own intellectual property and believe it is being infringed through a posting, please let us know immediately by filing a complaint as set forth in paragraph 8 below.
The copyright in your postings is yours (most generally). We at BarUniversity.com sometimes use postings in our publications, including without limitation, advertising, websites, newsletters and the like. By posting on the Community site, you are giving BarUniversity.com a non-exclusive, perpetual, irrevocable, royalty-free worldwide license to reproduce, communicate, re-publish, edit, adapt or otherwise use your postings as we see fit, including the right to sublicense or transfer to others in our discretion. You also give us a license to deal with the postings as necessary to perform technical and administrative functions in running the Community.
You also may have moral rights, therefore, you waive all moral rights in and to postings to the Community. You consent to your postings being altered, edited or adapted so we can use them under our license in any way we deem appropriate. You consent to us not attributing authorship to you at all, or only attributing it to your registered name. We generally attribute authorship, but that is not always possible or feasible and we decide this on a case by case basis. If we do use your material we may attribute such material to your registered name, or contact you to request that your real name be used. We will not publish your real name without your permission. If you do not want to give us a license to use your postings and do not want your postings used in this way, do not post on the Community site. Once you have made a posting, you cannot withdraw or retract the license and consents. Check the guidelines for each Community area to see whether you can withdraw your posting for that area.
You may not use BarUniversity.com or its affiliates' intellectual property in any way or for any purpose at anytime without our permission.
If you think a posting is violating these terms or infringing anyone's legal rights, please notify BarUniversity.com immediately. BarUniversity.com will investigate your complaint and take action, if BarUniversity.com believes that action is necessary and appropriate. Such action may include removing the posting or banning the relevant user.
8. Complaints: To make a formal complaint regarding the Community, send a signed written letter of complaint to:
BarUniversity.com Online Community Complaints - Product Development
BarUniversity.com, LLC.
Your letter of complaint must:
(a) (i) identify the posting in issue and include a copy of the posting and the location of the posting or if not about a posting; and (ii) describe with reasonable detail the offending behavior;
(b) identify the intellectual property right or other law, rule or regulation which is being infringed or violated; and
(c) provide information sufficient to permit BarUniversity.com to contact you (e.g., email address, postal address and fax number).
To the extent your complaint involves intellectual property rights, please note that BarUniversity.com honors the intellectual property rights of others and asks the same of users of the community. BarUniversity.com may, in its sole discretion, terminate the account or access right of users whose actions infringe or otherwise violate the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (17 U.S.C. §512), any notification of claimed copyright infringement must be sent to the BarUniversity.com, LLC Designated Agent. If you believe that your work has been infringed, please provide the BarUniversity.com Designated Agent with the following information:
(a) A physical copy or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed or if multiple copyright works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or could be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BarUniversity.com to identify the material;
(d) A statement that the complaining party has a good faith belief that the use of the material in the manner of complained of is not authorized by the copyright owner, its agent, or the law; and
(e) A statement that the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(f) Information reasonably sufficient to permit BarUniversity.com to contact you, such as an address, telephone number, and electronic mail address.
9. Your Personal Information.
By registering, using the services (including submitting postings), or emailing us, you will be supplying us with "personal information." We collect this to administer and help you use the services, send you a password, contact you about postings, and keep in touch with you. Your screen name will be visible to other users, and when you register for the Community, you can chose whether your user profile and email address will be also be visible to other users. You can access and update your personal information in the Profile section of the Community site.
Any information that you post is public. If you do not want information to be public, do not post it. Any personal information you post can be obtained and used by others. Your use of the Website is also subject to the BarUniversity.com Privacy Policy.
BarUniversity.com may release information concerning your use of the Community or disclosure of your personal information when BarUniversity.com believes such action is necessary or appropriate to comply with the law (such as a subpoena, warrant or court order), to enforce these Terms of Use, to protect BarUniversity.com rights or property, or to protect other users of the Community from fraudulent, abusive, or unlawful use of the Community or if BarUniversity.com believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records immediately.
10. Enforcement.
BarUniversity.com does not pre-screen, verify or edit the content posted by users in the Community. However, BarUniversity.com and its agents reserve the right to investigate any violation of the terms of this Agreement and to take such remedial action as it deems appropriate. BarUniversity.com has the sole discretion to enforce the terms of the this Agreement, including, but not limited to warning users of violations, disabling or suspending privileges and access, deleting, screening or editing any content or prohibiting any behavior that does not comply with this Agreement. If BarUniversity.com decides it is necessary to remove any content, BarUniversity.com may remove the entire thread and any accompanying material.
VI. Delays in Services; Force Majeure.
Any delays in or failure of performance by BarUniversity.com or any of its licensors, service providers or service sponsors (including its and their officers, directors, employees, affiliates, agents, representatives and subcontractors) shall not give rise to any claims for damages, or any loss or liability, if and to the extent caused by interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, or occurrences beyond BarUniversity.com control, including but not limited to acts of governmental authority, weather, fire, floods, explosions, acts of God, strikes or other concerted acts of workers, riots, armed conflicts, acts of war, or sabotage. BarUniversity.com shall have no responsibility to provide you access to the BarUniversity.com Website while interruption of the BarUniversity.com Website due to any such or similar cause shall continue.
VII. Equipment and Operation.
You shall provide and maintain all telephone and other equipment necessary to access the BarUniversity.com Website, and the costs of any such equipment and/or telephone connections or use, including any applicable taxes, shall be borne solely by you. You shall pay BarUniversity.com for your use of the BarUniversity.com Website, and be billed in accordance with your access to the BarUniversity.com Website. You are responsible for operating your own equipment and for familiarity with the information (e.g., Drink recipes and Liquor laws) used with or available through the BarUniversity.com Website. BarUniversity.com reserves the right to refuse assistance or to charge additional fees if you seek assistance from BarUniversity.com with respect to such basic background information or any other matters not directly relating to the operation of the BarUniversity.com Website. Neither BarUniversity.com nor its licensors shall have any responsibility to provide you with alternate access to the BarUniversity.com Website if your access is interrupted due to a breakdown or failure of your equipment.
VIII. Warranty Disclaimer.
You acknowledge that some of the information provided through the BarUniversity.com Website is compiled from sources, which are beyond the control of BarUniversity.com. Though such information is recognized by the parties to be generally reliable during the term of this Agreement, you acknowledge that inaccuracies may occur and BarUniversity.com and its licensors do not warrant the accuracy or suitability of the information at and on the BarUniversity.com Website for any particular purpose. The information is provided by BarUniversity.com and its licensors for your personal information only. Neither BarUniversity.com nor its licensors shall be liable for any errors, inaccuracies or delays in content, or for any actions taken by you in reliance thereon. BarUniversity.com makes reasonable efforts to obtain reliable content from third parties, but BarUniversity.com does not guarantee the accuracy of or endorse the views or opinions given by any third parties. The BarUniversity.com Website may point to other Internet sites that may be of interest to you, however, BarUniversity.com does not endorse or take responsibility for the content on such other sites. THE BARUNIVERSITY.COM WEBSITE IS PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. BARUNIVERSITY.COM AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM, COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FURTHER, BARUNIVERSITY.COM AND ITS LICENSORS DO NOT REPRESENT OR WARRANT:
A. THAT THE BARUNIVERSITY.COM WEBSITE WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS;
B. THAT THE ACCESS OR USE OF THE BARUNIVERSITY.COM WEBSITE WILL BE ERROR-FREE; OR
C. THE ACCURACY OF ANY DATA OR INFORMATION IN OR PROCESSED WITH THE BARUNIVERSITY.COM WEBSITE OR THE RESULTS OF ANY SUCH PROCESSING.
YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS MADE BY YOU IN CONNECTION WITH SUCH DATA, INFORMATION AND RESULTS, AND FOR VERIFYING THE ACCURACY OF SUCH DATA, INFORMATION AND RESULTS FROM INDEPENDENT SOURCES.
IX. Limitation of Liability; Disclaimer of Consequential Damages.
NONE OF BARUNIVERSITY.COM NOR ANY OF ITS AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF OR PARTICIPATION IN THE BARUNIVERSITY.COM WEBSITE OR ITS CONTENT.
YOU ALSO AGREE THAT BARUNIVERSITY.COM AND ITS AFFILIATES (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUBCONTRACTORS) SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE BARUNIVERSITY.COM WEBSITE FOR ANY PURPOSE WHATSOEVER, EVEN IF BARUNIVERSITY.COM OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE SHALL AT ANY TIME BE OR ARISE ANY LIABILITY ON THE PART OF BARUNIVERSITY.COM OR ITS AFFILIATES BY VIRTUE OF THIS AGREEMENT OR BECAUSE OF THE RELATIONSHIP THEREBY ESTABLISHED, WHETHER DUE TO THE NEGLIGENCE OF BARUNIVERSITY.COM OR ITS AFFILIATES OR OTHERWISE, SUCH LIABILITY IS AND SHALL BE LIMITED TO $100.00, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT BARUNIVERSITY.COM WILL USE REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH THE BARUNIVERSITY.COM WEBSITE OR THE ACCESS SOFTWARE. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND HEREBY HOLD BARUNIVERSITY.COM HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON YOUR COMPUTER EQUIPMENT, BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS.
THE PROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
X. Indemnification.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BARUNIVERSITY.COM, ITS AFFILIATES AND ITS LICENSORS (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FOR AND AGAINST ANY AND ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO THIS AGREEMENT ARISING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE BARUNIVERSITY.COM WEBSITE, INCLUDING THE INFORMATION OBTAINED THROUGH THE BARUNIVERSITY.COM WEBSITE.
XI. Export Control.
This Agreement is expressly made subject to any laws, regulations, orders, or other restrictions on the export from the United States of America of the BarUniversity.com Website and access software or information about the BarUniversity.com Website and access software that may be imposed from time to time by the government of the United States of America. You agree that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding import or export of the BarUniversity.com Website and access software.
XII. No Conflicting Terms.
If there is any conflict between this Agreement, any purchase order, any help text, manuals or other documents relating to the BarUniversity.com Website, this Agreement shall govern, whether such order or other documents is prior to or subsequent to this Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of BarUniversity.com.
XIII. Attorney's Fees.
If BarUniversity.com takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of any amounts due hereunder, in addition to all sums to which it is entitled or any other relief, at law or in equity, BarUniversity.com shall be entitled to recover from you and you agree to pay, reasonable and necessary attorney's fees and all costs of any litigation.
XIV. Governing Law; Limitations; Venue.
This Agreement shall be governed by the laws of the State of Arizona, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the BarUniversity.com Website contemplated by this Agreement must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may only be brought in the state or federal courts located in Phoenix, Arizona, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Arizona as your agent for service of process. You waive any objections to venue or forum non-null.
XV. Severability.
If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this Agreement.
XVI. Entire Agreement.
This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof, and no other agreement as to such subject matter, written or oral, exists.
