Terms of Use

Welcome to the OVPEvents forums, a branch off of the virtual world of Onverse, and a creation off the of the free forum creator, ProBoards! You are expected to follow BOTH Terms of Service(s)/Terms of Use. If terms of use/services are violated(taken directly off of the Onverse website and the ProBoards' terms of use, disciplinary action will be taken!

Onverse Terms of Use
1.3. Terms of Use
Acceptance of Terms

WELCOME TO ONVERSE.COM, A SERVICE OF ONVERSE, LLC, AN ARIZONA LIMITED LIABILITY COMPANY ("ONVERSE"). ANY REFERENCE TO ONVERSE WILL INCLUDE ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS. ONVERSE PROVIDES ITS WEBSITE, ONLINE GAMING WORLD AND RELATED SERVICES ("SITE") TO YOU SUBJECT TO THE FOLLOWING USER AGREEMENT ("AGREEMENT"). IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, INCLUDING THE PRIVACY POLICY, DO NOT ACCESS OR OTHERWISE USE THE SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. ONVERSE CAN CHANGE THIS AGREEMENT AT ANY TIME BY POSTING AN UPDATED USER AGREEMENT ON THE SITE. ONVERSE MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATIONS ARE UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THE SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.

Registration Information

In consideration of your use of the Site, you agree to provide true, accurate, and complete information about yourself as prompted by the Site registration, provided that in connection with registration, you do not need to use your full or true name for your username. In addition, you agree to update that information in order to maintain its truth, accuracy, and completeness. Onverse may deny you access to the Site in the event that your required information is untrue, inaccurate, or incomplete.

User Account, Password, and Security

You will receive a password and user account upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to (a) immediately notify Onverse of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Onverse cannot and will not be liable for any loss or damage arising from your failure to comply with this Section, including but not limited to deletion of the account or obtained items, communications under the account and any purchases made. If Onverse researches and finds that losses or disruptions from your account occurred due to a voluntary transmittal of your password or account information, we reserve the right to suspend, ban, or delete your account.

No Ownership Rights in Account

You acknowledge and agree that you shall have no ownership or other property interest in the account, or the personal spaces you create or in any way enhance through your time, purchases or resources, and further acknowledge and agree that all rights in and to the account or the personal spaces you create or in any way enhance through your time, purchases or resources, are and shall forever be owned by Onverse.

Code of Conduct

While in Onverse, you must respect the rights of others and their rights to enjoy the world. To this end you may not defraud, harass, threaten, impersonate, give unwanted attention or cause distress to other users. Onverse reserves the absolute right to define the foregoing terms, and determine whether such prohibitions have been violated.
You may not transmit or post any content, imagery or language which, in the sole and absolute discretion of Onverse, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, racially, ethnically or otherwise objectionable, nor may you use a misspelling, or an alternative spelling to circumvent intent of this section, the content and language restrictions listed above.
While in Onverse, you may not spam or flood the chat system, profile comments, user emails, or forums with repetitive text, images or obscene language.
You may not use the chat system, profile comments, user emails, or forums to advertise or promote external websites or companies.
You may not use information gathered on Onverse to spam other Onverse users with offers of goods or services.
You may not impersonate any employee or representative of Onverse.
You may not violate any local, state, national, or international laws or regulations.
You must follow the instructions of any Onverse employee or representative while in Onverse.
You may not misrepresent your age in any way.
You may not attempt to interfere with, hack into, or decipher any transmissions to or from the servers running the Site.
You may not attempt to exploit or reproduce any bug in the Site and you will not communicate the existence of any such exploitable bug to other users, instead immediately reporting any bug to Onverse.
You may not release any real-life information about any other users or any Onverse employees or representatives. Any release of your own user information is done so at your own risk.
You may not create duplicate threads about the same topic on the forums. This includes threads about other threads that were closed by a forum administrator.
You may not create posts or threads concerning disciplinary action taken against any user of the community, including chat logs, personal messages, or emails between that user and the Onverse employee.
You may not falsely report users for things they have not done. We do consider this a form of harassment.
You may not post private conversations between yourself and any other Onverse user, employee, or Onverse representative. These include in world "tells", profile communications or any other forms of communication within Onverse. You may not post these on the Forums, on your profile page or upload them as media.
You may not access the Site for purposes of conducting research or competitive analysis, such as, but not limited to estimating the size of the Site or its populations, or conducting demographic research, social experiments, benchmarking, feature performance and/or comparisons without the prior written consent of Onverse;
If you meet others in the Site and end up doing business with them, those interactions are between you and them; Onverse is in no way responsible for such interactions or the terms or conditions related to such transactions. You agree that Onverse shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between users of the Site, or between users and any third party, you agree that Onverse, its partners, providers, subsidiaries, affiliates, officers, directors, employees, contractors, agents, and/or successors thereof (collectively Onverse Parties) are under no obligation to become involved. If you have a dispute with one or more other users or third parties, you hereby release Onverse Parties from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Site.
Users agree that they shall have attained their 13th birthday prior to using the Site.
You may not ask other users for personal or account information. Trying to scam people or phish for passwords will result in an automatic banning of your account.
Transfer or Trading of Accounts or Virtual Goods

Onverse does not recognize the transfer of accounts between users, or prospective users. You may not purchase, sell, gift or trade your account, or offer to purchase, sell, gift or trade your account. If you try to trade or assign accounts, Onverse will not recognize your account and may terminate it. To the extent you try to sell, transfer, or gift virtual goods outside of the Site, Onverse will not recognize such transfers. You cannot sell any virtual goods or services from the Site in the real world.

Personal Spaces

Onverse may allow you to create your own Personal Space within the Onverse virtual world which you may decorate with virtual furniture and use to entertain your friends. While you can create your own Personal Space, please understand that if you create and hang out in a Personal Space that you still have to follow the rules in the Terms of Use. This means that if you break the rules of Onverse, even in your Personal Space, Onverse can still take any and all actions against you, including suspending or terminating your account.

Expectations and Monitoring

Content.
To allow for the free flow exchange of ideas, data, conversations, documents, text, audio, video, audio-video works, materials or information (collectively content) are not routinely reviewed before being posted on or within the Site. As a result, Onverse has no control over any content posted on or within the Site and makes no representations or claims regarding the quality, reliability or accuracy of such content. Onverse takes no responsibility or liability for any content posted on or within the Site.

While in the Site, you understand that you may come across or be exposed to content that is prohibited or that you may find offensive. If you become exposed to any prohibited or offensive content, you waive your right to any damages from Onverse, and further agree to hold Onverse harmless, acknowledge that Onverse will have no liability related to content, whether or not arising under the laws of intellectual property, defamation, privacy, obscenity, indecency or otherwise.

Onverse Employee Etiquette (Asking for Passwords or Personal Information).
In the Site, Onverse employees or agents will NEVER ask you for personal information, including passwords for your Onverse accounts. If someone purporting to be a representative of Onverse asks you for personal information or your passwords, whether that be in e-mail or in the Site, you should immediately report such behavior to Onverse.

Limits.
You acknowledge and agree that Onverse may establish limits concerning use of the Site, including, but not limited to, the maximum number of days that content will be retained by Onverse, the maximum number and size of postings, the maximum number of days an account will be saved that is inactive, email messages, or other content that may be transmitted or stored by Onverse, and where, how, and how often you may access Onverse. You agree that Onverse has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by Onverse. You acknowledge that Onverse reserves the right at any time to modify or discontinue the Site (or any part thereof) with or without notice, and that Onverse Parties shall not be liable to you or to any third party for any modification, suspension or discontinuance of its any of its products and services.
Investigations, Suspension and/or Revocation of Privileges and Removal of Content

In order to ensure that Onverse is able to provide a Site that is responsive to customer needs, Onverse employees may need to access your account and records on a case by case basis to investigate complaints or other allegations or abuse. Onverse shall not disclose the existence or occurrence of such an investigation unless required by law.

You understand that your participation in the Site is a privilege, not a right. You understand that Onverse, may immediately and without notice, in its sole discretion, suspend, delete or deactivate your account (temporarily or permanently), block your e-mail address or IP address or terminate access to all or part of the Site. Onverse may further remove any content from the Site for any reason.

Onverse may take any action as Onverse in its sole discretion deems necessary if Onverse believes it may create liability for Onverse Parties including, but not limited to, removing any content and/or terminating a user's account if a user's conduct fails to conform with these Terms of Use.

Users who violate the Terms of Use may additionally incur criminal and/or civil liability. Onverse may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with its investigations of any suspected civil or criminal violations. Onverse also reserves the right to terminate your account if we learn or have reason to believe that you have provided us with false or misleading registration information, interfered with other users or the Site, or violated these Terms of Use.

You agree that Onverse shall not be liable to you or any third-party for any termination of your access to the Site. Onverse will not reimburse or compensate you if it takes any actions. If you wish to terminate your account or your child's account, you must provide written notice to Onverse by sending an email with the username and email address to: terminate@onverse.com. You must send the email from the email address on file for the Onverse account you wish to terminate.

You may contact Onverse through US Postal Mail at:
Onverse, LLC
2121 S Priest Dr Ste 110
Tempe, AZ 85282

Privacy Policy

By registering and/or accessing the Site, you agree to abide by the Onverse Privacy Policy. You can find the Privacy Policy at the bottom of the site.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK, THAT ANY CONTENT SUBMITTED, SUPPLIED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA, PROFITS, OR BUSINESS THAT MAY RESULT.

THE SITE IS PROVIDED BY ONVERSE PARTIES ON AN "AS IS" BASIS. ONVERSE PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USE AND OPERATION OF THE SITE, THE ACCURACY AND/OR RELIABILITY OF CONTENT IN THE SITE, ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE, ANY INTERACTIONS IN THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. ONVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ONVERSE PARTIES DO NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU AGREE THAT IN NO EVENT WILL ONVERSE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE OR ANY WEB SITES LINKED TO THE SITE, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR THE CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF SUCH DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Other Legal Terms

The Terms of Use will be governed by and construed in accordance with the laws of the State of Arizona as it is applied to contracts entered into by residents of the state of Arizona. You hereby consent to the exclusive jurisdiction of a State or Federal court empowered to enforce this Agreement in the State of Arizona, County of Maricopa, and agree to waive any objection thereto on the basis of personal jurisdiction or venue. If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Onverse's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Onverse in writing. The section titles of the Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance.

The Terms of Use constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Onverse. You may not assign this agreement to any other party (by operation of law or otherwise) without the prior written consent of Onverse.

This Terms of Use shall bind and inure to the benefit of the successors and permitted assigns of the parties. In the event of a breach of this Terms of Use, the breaching party shall pay to the other party any reasonable attorneys' fees and other costs and expenses incurred by the non-breaching party in connection with the enforcement of any provisions of this Terms of Use.

ProBoards Terms of Service
1. AGREEMENT

This Terms of Service (the "Agreement") constitute a legally binding agreement by and between ProBoards, Inc. (hereinafter, "ProBoards") and you or your company (in either case, "You" or "Your") concerning Your use of ProBoards' website (the "Website") and the services available through the Website (the "Services"). By using the Website and Services, You represent and warrant that You have read and understood, and agree to be bound by, this Agreement and ProBoards' Privacy Policy (the "Privacy Policy"), which is incorporated herein by reference and made part of this Agreement. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.

2. PRIVACY POLICY

By using the Website, You consent to the collection and use of certain information about You, as specified in the Privacy Policy. ProBoards encourages users of the Website to frequently check ProBoards' Privacy Policy for changes.

3. CHANGES TO AGREEMENT AND PRIVACY POLICY

Internet technology and the applicable laws, rules, and regulations change frequently. ACCORDINGLY, PROBOARDS RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES. Unless ProBoards obtains Your express consent, any revised Privacy Policy will apply only to information collected by ProBoards after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies.

4. ELIGIBILITY

BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 13 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.

5. LICENSE

Subject to Your compliance with the terms and conditions of this Agreement, ProBoards grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, or otherwise exploited for any commercial purpose without the express written consent of ProBoards. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of ProBoards or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.

6. RELIANCE ON THIRD-PARTY CONTENT

Opinions, advice, statements, or other information made available by means of the Website and Services by third-parties, are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. PROBOARDS DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY INFORMATION ON THE WEBSITE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY BY MEANS OF THE WEBSITE AND SERVICES. UNDER NO CIRCUMSTANCES WILL PROBOARDS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO OR BY ANY THIRD-PARTY.

7. ASSUMPTION OF RISK; RELEASE

YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE AND SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY PROBOARDS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "PROBOARDS PARTIES") FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE WEBSITE AND SERVICES.

8. USER INFORMATION; PASSWORD PROTECTION

In connection with Your use of the Services, You may be required to complete a registration form. You represent and warrant that all user information You provide on the registration form or otherwise in connection with Your use of the Website and Services will be current, complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile. For additional information, see the section concerning "User Ability to Access, Update, and Correct Personal Information" in ProBoards' Privacy Policy.

You may also be asked to provide a user name and password in connection with Your use of certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of any other member at any time. You agree to notify ProBoards immediately of any unauthorized use of Your account, user name, or password. ProBoards shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by ProBoards, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of Your account or password.

9. YOUR INTERACTIONS WITH OTHER MEMBERS

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER PROBOARDS MEMBERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT PROBOARDS HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS MEMBERS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS MEMBERS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER MEMBER IN PERSON. PROBOARDS DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS MEMBERS. IN NO EVENT SHALL PROBOARDS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY MEMBER'S CONDUCT IN CONNECTION WITH SUCH MEMBER'S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN MEMBERS.

10. FORUM CONTROL; MEMBER DISPUTES

ProBoards does not control the forums made available by means of the Website and Services. Forum administrators and moderators reserve the right, in their sole discretion, to delete or modify forum posts, revoke membership to the forum, block access to the forum, modify Your account profile, or modify any User Content (as defined in Section 15 below) on the forum. You should contact the forum administrator directly with any complaint, grievance or problem. ProBoards reserves the right, but disclaims any perceived, implied or actual duty, to monitor disputes between Website members. You agree to hold ProBoards harmless in connection with any dispute or claim You make against any other member.

11. CONSENT TO RECEIVE EMAIL FROM PROBOARDS

By registering with the Website, you thereby consent to receive periodic email communications regarding the Services, new product offers, promotions and other matters.

12. CONSENT TO RECEIVE EMAIL COMMUNICATIONS FROM MEMBERS

By registering with the Website, your thereby consent to receive electronic communications, including email and personal messages from other Website members.

13. FEES

(a) RESERVED RIGHTS

You acknowledge and agree that ProBoards reserves the right to charge for access to the Website and use of the Services and to change its fees from time to time in ProBoards' sole discretion. ALL PURCHASES ARE FINAL. ALL FEES ARE NONREFUNDABLE. By opting for membership or paid services, You authorize ProBoards, or its payment processor, to charge subscription fees to the credit card, debit card, or other payment method you provide, in addition to applicable sales taxes and other applicable taxes. Use of PayPal to pay ProBoards constitutes Your binding agreement to all applicable terms in the PayPal Terms of Services and Legal Agreements. In the event of a discrepancy pertaining to fee collection, You have ten business days from the date of the completed charge to send notification to ProBoards about the discrepancy, after which all charges are no longer subject to change. ProBoards' decision not to exercise any specific right or require performance of any specific obligation under this Agreement, including without limitation the collection of monthly or annual fees from You, shall not affect ProBoards' subsequent ability to exercise such right or require such performance at any time thereafter. Nor shall ProBoards' waiver of Your breach constitute ProBoards' waiver of any subsequent breach.

(b) PAID GOODS AND SERVICES

ProBoards may charge a fee for in exchange for Your use of certain member services, including without limitation digital goods, badges, and the removal of advertisements (collectively, "Paid Goods and Services"). Paid Goods and Services also includes, without limitation, control over a forum's banner advertisements. Unless You pay for the right to display content on a specific forum's banner advertisements, or otherwise pay for a banner-free forum, ProBoards reserves the exclusive right to exercise full control over the content of any forum's banner advertisements and display advertising content at ProBoards' sole discretion.

All fees for Paid Goods and Services are payable in U.S. dollars. For those Paid Goods and Services with a recurring monthly fee, ProBoards shall charge a base rate in U.S. dollars per month, which will be due and collected in full at the beginning of each billing cycle that users opt for the services. In all cases, fees for Paid Goods and Services are due in full before the goods are delivered or the services are rendered.

14. THIRD-PARTY WEBSITES

The Website is linked with the websites of third parties ("Third-Party Websites"), some of whom may have established relationships with ProBoards and some of whom may not. ProBoards does not have control over the content and performance of Third-Party Websites. PROBOARDS HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, PROBOARDS DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. PROBOARDS DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.

15. USER CONTENT

"User Content" is any content, materials or information, not including Personal Information (as defined in ProBoards' Privacy Policy), that You upload or post to, or transmit, display, perform or distribute by means of, the Website, whether in connection with Your use of Services or otherwise. To clarify, You maintain full ownership of all your User Content posted to ProBoards. Because You own Your User Content, under the law, ProBoards requires a license from You before it can allow the User Content to be posted on the Website. For these reasons, the following provision is a necessary part of this Agreement:

YOU HEREBY GRANT THE PROBOARDS PARTIES A PERPETUAL, FULLY PAID-UP, WORLDWIDE, SUBLICENSABLE, IRREVOCABLE, ASSIGNABLE LICENSE TO COPY, DISTRIBUTE, TRANSMIT, PUBLICLY DISPLAY OR PERFORM, EDIT, TRANSLATE, REFORMAT AND OTHERWISE USE USER CONTENT IN CONNECTION WITH THE OPERATION OF THE WEBSITE, SERVICES OR ANY OTHER SIMILAR OR RELATED BUSINESS, IN ANY MEDIUM NOW EXISTING OR LATER DEVISED, INCLUDING WITHOUT LIMITATION IN ADVERTISING AND PUBLICITY. YOU FURTHER AGREE THAT THE PROBOARDS PARTIES MAY PUBLISH OR OTHERWISE DISCLOSE YOUR PERSONAL INFORMATION IN CONNECTION WITH THEIR EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION. YOU AGREE TO WAIVE, AND HEREBY WAIVE, ANY CLAIMS ARISING FROM OR RELATING TO THE EXERCISE BY THE PROBOARDS PARTIES OF THE RIGHTS GRANTED UNDER THIS SECTION, INCLUDING WITHOUT LIMITATION ANY CLAIMS RELATING TO YOUR RIGHTS OF PERSONAL PRIVACY AND PUBLICITY. YOU WILL NOT BE COMPENSATED FOR ANY EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION.

You hereby represent and warrant that You own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided the ProBoards Parties under this section. You further represent and warrant that all User Content fully complies with ProBoards' Community Guidelines.

Further, You agree that all information sent to, or retrieved from, the ProBoards servers will comply with ProBoards' Developer Guidelines which is hereby incorporated by reference and made part of this Agreement.

16. PUBLIC FORUMS

"Public Forum" is any area, site or feature offered as part of the Website (including without limitation discussion forums, message boards, blogs, chat rooms, emails or personal messaging features) that enables You (a) to upload, submit, post, display, perform, distribute and/or view User Content, and/or (b) to communicate, share, or exchange User Content with other Website members or other Website visitors. You acknowledge that Public Forums, and features contained therein, are for public and not private communications. You further acknowledge that anything You upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum may be viewed on the Internet by the general public, and therefore, You have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Content you upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum and for the consequences of submitting or posting same. PROBOARDS DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.

17. YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS

You agree and understand that you may be held legally responsible for damages suffered by other Website members or third-parties as the result of Your remarks, information, feedback or other content posted or made available on the Website that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, ProBoards is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Website.

18. OBJECTIONABLE CONTENT

You represent and warrant that you shall not use the Website or Services to upload, post, transmit, display, perform or distribute any content, information or materials that: (a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; (b) constitute child pornography; (c) solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18; (d) incite, encourage or threaten physical harm against another; (e) promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people; (f) glamorize the use of hard core illegal substances and drugs; (g) violate any provision of this Agreement or any other ProBoards agreement or policy, including without limitation ProBoards' Community Guidelines; or (h) is generally offensive or in bad taste, as determined by ProBoards (collectively, "Objectionable Content"). PROBOARDS DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE CONTENTS OF THE WEBSITE AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED HEREON. Without limiting any of its other remedies, ProBoards reserves the right to terminate Your use of the Website and Services or Your uploading, posting, transmission, display, performance or distribution of Objectionable Content. ProBoards, in its sole discretion, may delete any Objectionable Content from its servers. ProBoards intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

19. PROHIBITED USES

ProBoards imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that you will not: (a) "stalk" or otherwise harass any person, or contact any person who has requested not to be contacted; (b) provide false, misleading or inaccurate information to ProBoards or any other member; (c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (d) while, using the Website and Services, use "ad blocking" software or similar built-in web browser options designed to hide, block or prevent the proper display of online advertising; (e) modify or change the placement and location of any advertisement appearing on the Website; (f) harvest or otherwise collect information about ProBoards users, including email addresses and phone numbers; (g) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; (h) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (i) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (j) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding" "spamming," "mail bombing," or "crashing"; (k) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (l) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (m) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the ProBoards Parties in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.

20. INTELLECTUAL PROPERTY

(a) Compliance with Law

You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third-party's copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND SERVICES. YOUR BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS. PROBOARDS TERMINATES ACCOUNTS OF USERS DETERMINED TO BE REPEAT INFRINGERS.

(b) Trademarks

PROBOARDS, PROBOARDS.COM and the "ProBoards logo" (collectively, the "ProBoards Marks") are trademarks or registered trademarks of ProBoards, Inc. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third-parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the ProBoards Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the ProBoards Marks generated as a result of Your use of the Website and Services will inure to the benefit of ProBoards, Inc, and You agree to assign, and hereby do assign, all such goodwill to ProBoards, Inc. You shall not at any time, nor shall You assist others to, challenge ProBoards, Inc.'s right, title, or interest in or to, or the validity of, the ProBoards Marks.

(c) Copyrighted Materials; Copyright Notice

All content and other materials available through the Website and Services, including without limitation the ProBoards logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by ProBoards, Inc or are the property of ProBoards' licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to any such materials. Copyright © 2000 to the present, ProBoards, Inc. ALL RIGHTS RESERVED.

(d) DMCA Policy

As ProBoards asks others to respect ProBoards' intellectual property rights, ProBoards respects the intellectual property rights of others. If you believe content located on or linked to by the Website violates Your copyright, you are encouraged to notify ProBoards in accordance with ProBoards' Digital Millennium Copyright Act Policy. ProBoards will respond to all such notices, including as required or appropriate by removing the offending material or disabling all links to the offending material.

21. DISCLAIMERS; LIMITATION OF LIABILITY

(a) NO WARRANTIES.

PROBOARDS, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROBOARDS, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER PROBOARDS NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR HARMFUL COMPONENTS. NEITHER PROBOARDS NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR SERVICES.

(b) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE; BACKUP OF DATA

YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD PROBOARDS OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC DISK FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.

(c) LIMITATION OF LIABILITY

THE LIABILITY OF PROBOARDS AND ITS LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROBOARDS OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO PROBOARDS OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF PROBOARDS AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES SHALL BE $50.00. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN PROBOARDS AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

(d) APPLICATION

THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND PROBOARDS OR BETWEEN YOU AND ANY OF PROBOARDS' LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. PROBOARDS' LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.

22. YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other ProBoards policies, and with any applicable laws or regulations.

23. INDEMNITY BY YOU

Without limiting any indemnification provision of this Agreement, You agree to defend, indemnify and hold harmless ProBoards and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns, and Industry Professionals (collectively, the "Indemnified Parties") from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, "Claims"), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website or Services; (iii) Your provision to ProBoards or any of the Indemnified Parties of information or other data; or (iv) Your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; (v) Your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights; or (vi) any goods or services you advertise or solicit through the Website and/or Services.

The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.

24. GOVERNING LAW; JURISDICTION AND VENUE

The Website, Services, and this Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in Lake Forest, California and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.

(a) Binding Arbitration.

You agree that any dispute, of any nature whatsoever, between You and ProBoards arising out of or relating to the Website, Services, or this Agreement, shall be decided by neutral, binding arbitration before a representative of JAMS in Orange, California unless You and ProBoards mutually agree to a different arbitrator, who shall render an award in accordance with the substantive laws of California and JAMS' Streamlined Arbitration Rules & Procedures. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, the JAMS fee and reasonable attorneys' fees) to the prevailing party.

(b) Restrictions Against Joinder of Claims

You and ProBoards agree that any arbitration shall be limited to each Claim individually. To the full extent under the law, (1) no arbitration shall be joined with any other arbitration; (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures; and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.

(c) Remedies in Aid of Arbitration; Equitable Relief.

This agreement to arbitrate will not preclude You or ProBoards from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or ProBoards from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING "EQUITABLE RELIEF" WILL BE THE FEDERAL AND STATE COURTS LOCATED IN ORANGE COUNTY, CALIFORNIA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.

25. TERMINATION

(a) By ProBoards

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, PROBOARDS RESERVES THE RIGHT TO, IN PROBOARDS' SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.

(b) Automatic Termination Upon Breach By You

This Agreement shall automatically terminate in the event that You breach any of this Agreement's representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by ProBoards.

(c) By You

You may terminate this Agreement and Your rights hereunder at any time, for any or no reason at all, by providing to ProBoards notice of Your intention to do so, in the manner required by this Agreement.

(d) Effect of Termination

Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Upon termination, ProBoards may, but has no obligation to, in ProBoards' sole discretion, rescind any services and/or delete from ProBoards' systems all Your Personal Information and any other files or information that You made available to ProBoards or that otherwise relate to Your use of the Website or Services. Subsequent to termination, ProBoards reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP mapping and direct contact with Your Internet Service Provider. YOU ACKNOWLEDGE AND AGREE THAT TERMINATION OF THIS AGREEMENT WILL TERMINATE ALL OF YOUR RIGHTS IN THE PAID GOODS AND SERVICES YOU PURCHASED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION DIGITAL GOODS SUCH AS BADGES. YOU HEREBY AGREE THAT THERE ARE NO REFUNDS FOR PAID GOODS AND SERVICES UPON TERMINATION.

(e) Legal Action

If ProBoards, in ProBoards' discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, ProBoards will be entitled to recover from You as part of such legal action, and You agree to pay, ProBoards' reasonable costs and attorneys' fees incurred as a result of such legal action. The ProBoards Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.

(f) Survival

Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1, 2, 4-8, 9-10, 14-27 will survive any termination of this Agreement. For clarification, termination of this Agreement will not relieve You of Your obligation to pay any fees owed ProBoards.

26. NOTICES

All notices required or permitted to be given under this Agreement must be in writing. ProBoards shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to ProBoards. You agree that any notice received from ProBoards electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH PROBOARDS IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY PROBOARDS OF AN EMAIL TO THAT ADDRESS. You shall give any notice to ProBoards by means of: (1) fax at: 949-916-3152; or mail, postage prepaid, to 20381 Lake Forest Drive, B2, Lake Forest, CA 92630.

27. GENERAL

This Agreement constitutes the entire agreement between ProBoards and You concerning Your use of the Website and Services. This Agreement may only be modified by a written amendment signed by an authorized executive of ProBoards or by the unilateral amendment of this Agreement by ProBoards and by the posting by ProBoards of such amended version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of ProBoards. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and ProBoards are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Except for the ProBoards Parties and the Indemnified Parties as and to the extent set forth in Sections 15, 19, 23 and 25(e), and ProBoards' licensors and suppliers as and to the extent expressly set forth in Section 21, there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by You would cause irreparable injury to ProBoards and ProBoards' licensors and suppliers, and would therefore entitle ProBoards or ProBoards' licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.