The parties to this Agreement
(ÒAgreementÓ) are you (ÒYouÓ, sometimes referred to as a ÒuserÓ of the Website),
and BBG Web Media, Inc., a California Corporation, the owner and operator of
Cougars In Heatª (the ÒCompanyÓ). As used in this Agreement, the terms ÒweÓ
and ÒusÓ are used interchangeably to refer to the Company and the operators of
the Website (sometimes referred to as Cougars In Heat.comª). By further
accessing the Website or materials available at or in association with the
Website, and for other good and valuable consideration, the sufficiency of
which is acknowledged by You and the Company, You hereby agree to be bound by
all the terms and conditions set forth in this Agreement.
2. Acknowledgement Of Sexual Content. You hereby acknowledge that the Content made available at, in, though and in association with Cougars In Heat.comª by the Company and/or other parties that may provide Content available at, in, through or in association with the Website (ÒAffiliated Content ProvidersÓ) and other materials available at, in, through or in association with the Website, include explicit visual, audio, and/or textual depictions of nudity and sexual activities, that You are not offended by such materials, and that by agreeing to these terms and conditions You are warranting to the Company and to the Affiliated Content Providers that You are intentionally and knowingly seeking access to such explicit sexual materials for Your own personal viewing.
3. Age-Restricted Materials And Age Restricted Access. No persons under the age of
18 years (21 years in places where eighteen 18 years is not the age of majority) may directly or indirectly view, possess or otherwise use any of the contents of the Website, access Company computers to obtain copies of the Content provided by the Company or Affiliated Content Providers or place any orders for any goods or services advertised in, at, through or in linked association with, the Website.
4. Agreement Not To Access Content Or The Website From Prohibited Areas. As a material condition to the granting of the license to You to use the Website set forth in Paragraph 7 below, You agree and warrant that You shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use the Website or access Content provided by the Company or Affiliated Content Providers through the use the Website, directly or indirectly in geographic locations that are identified by the Company as ÒPROHIBITED AREASÓ from which the Company expressly prohibits such access, viewing, downloading, receipt or other use of the Content and Website. All of the following areas constitute such ÒPROHIBITED AREASÓ from which the none of the age-restricted parts of Website, or any Content provided by Company or any Affiliated Content Providers, may be accessed, viewed, downloaded or otherwise received by You:
4.1 Prohibited Access Areas In The United States. All parts of the United States of America corresponding to the entire areas corresponding to United States Postal Service zip codes commencing with any of the following three digits:
PROHIBITED AREAS IN THE UNITED STATES
(Please click on the hyperlink above to access a list of zip codes identified by their first three digits listing the prohibited areas in the United States from which You are not authorized to access or use Website or web site materials.)
4.2 Other Prohibited Access Areas.
4.2.1 All parts of the following countries: Afghanistan, Algeria, Chad, Germany, Kuwait, Indonesia, Iran, Iraq, Jordan, Lebanon, Libya, Micronesia, Morocco, North Korea, Pakistan, The Sudan, The Republic of China, Singapore, Saudi Arabia, Somalia, Syria, The United Arab Emirates, Yemen, all areas subject to Sharia law Islamic law based on the Koran) Islamic law; and
4.2.2 All locations within the territories of every political entity in which accessing, viewing, downloading, dissemination of, or other use of the sexual materials depicted on or available through the Website, such as Content provided by the Company or by Company-Affiliated Content Providers, is prohibited by law or would otherwise constitute a violation of any regulation, rule or custom.
5. Affirmation That You Are An Adult And You Are Not In A Prohibited Area. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF 18 YEARS (21 YEARS IN PLACES WHERE 18 YEARS IS NOT THE AGE OF MAJORITY), YOU ARE NOT LOCATED IN A PROHIBITED AREA AND YOU WILL NOT ACCESS THE WEBSITE OR CONTENT MADE AVAILABLE THROUGH THE WEBSITE BY ANY AFFILIATED Content Providers FROM ANY PROHIBITED AREA.
6. Consequences Of Fraudulent Age Or Location Representation. You hereby acknowledge that You understand, and that You hereby agree, that any access to the age-restricted parts of the Website or Content made available by the Company or Affiliated Content Providers, by a minor or by any person located in a PROHIBITED AREA constitutes the unauthorized accessing of the CompanyÕs computers and databases in excess of the authorization expressly granted by the Company in this Agreement, and that such unauthorized access violates state, federal and foreign laws, including, without limitation, The Electronic Communications Privacy Act, 18 U.S.C. ¤¤ 2701-2710, The Computer Fraud and Abuse Act, 18 U.S.C. ¤ 1030 and The California Comprehensive Computer Data Access and Fraud Act, Cal. Penal Code ¤502 and constitutes trespass to chattels, and intentional copyright infringement(s) of the CompanyÕs copyrights in the Website and in Content owned by the Company, and/or other parties, that is displayed in, at or through the Website all of which are protected under the laws of the United States and other countries. You further acknowledge that You understand that any such unauthorized access of the Website and/or Company Content or Affiliated Content ProvidersÕ Content on the CompanyÕs computers could subject You to potential criminal prosecution and substantial civil liability. For example, intentional infringement of the CompanyÕs copyright in a single work could subject You to statutory damages of up to $150,000 per work infringed,
7. Grant Of Limited License. You acknowledge and agree that all the materials available at or through the Website are proprietary and constitute valuable copyright, trademark and other intellectual property owned by or licensed to the Company. In consideration of Your representations, warranties and acknowledgments in this Agreement, and conditioned upon the truth of Your affirmation that You are an adult not located in a PROHIBITED AREA, the Company hereby grants You a single user license to access its computer servers to use the Website for Your private and non-commercial entertainment and educational use and enjoyment only.
8.
Termination of Your License To Use Website. You acknowledge and agree that We may, in our sole
discretion, terminate or suspend Your access to all or part of the Website at
any time, with or without notice, for any reason, including, without limitation,
breach of this Agreement. Without limiting the generality of the foregoing, any
fraudulent, abusive, or otherwise illegal activity may be grounds for
termination of Your access to all or part of the Website at Our sole
discretion, and You may be referred to appropriate law enforcement agencies.
9. Important Access And Use Restrictions. You acknowledge and agree that You may only access, view, download, receive materials available at, in or through the Website, including Content provided by Cougars In Heat.comª Content Providers, only in accordance with these terms and conditions and other restrictions set forth in this Agreement and otherwise posted on the Website, including specific terms and condition associated with the acquisition of Cougars In Heat.comª Content ProvidersÕ Content, and posted revisions of this Agreement. You may access and use the Website only on one computer at a time and You may make only a single copy of the parts of the Website You access for Your own personal noncommercial educational and entertainment use and enjoyment. You may not use content for any commercial purpose whatsoever. You may not re-publish or provide any parts of the Website or any Cougars In Heat.comª Content ProvidersÕ Content to any other person without express prior written authorization by the Company. Such prohibited uses include, without limitation, emailing, phone messaging or any other publication of the Website or Cougars In Heat.comª Content SellerÕs Content, in whole or in part, on any web page, including on any personal web page You may own or be affiliated with, including any MySpace¨ page, regardless of whether any of the aforementioned uses are commercial or non-commercial. Any and all such unauthorized use will constitute intentional copyright infringement that could subject You to serious potential liability.
10. Service Marks. ÒCOUGARS IN HEATÓ and ÒCOUGARS IN HEAT.COMÓ are Service marks of BBG Web Media Inc. . No use of these marks by You or any other user shall be permitted except through the prior written authorization and permission of Company. All rights reserved.
11. Indemnification For Unauthorized Use Of Content, Website Or Other Proprietary Materials. You agree to be personally liable for any breach of this Agreement by You. You also agree to fully indemnify the Company and the CompanyÕs directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any breach of this Agreement by You, including, without limitation, any damages resulting from any attempted or actual unauthorized, accessing, downloading, viewing, copying or distribution of the Website or any Cougars In Heat.comª, in whole or in part, by You, alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from such unauthorized activities, including, without limitation, attorneyÕs fees and all litigation and criminal defense costs.
12. You May Not Transfer Or Assign Your Access Rights Or Other Privileges; Passwords. You shall not, under any circumstances, have the right to transfer or assign Your license to use the Website or any license(s) to use any Cougars In Heat.comª You might obtain in, at, through or in association with, the Website, and You acknowledge that any attempted transfer or assignment of any such rights shall be void from the beginning. Any passwords that are issued for use at or in association with the Website or any Content provided by a Cougars In Heat.comª affiliate are for Your individual use only. You will be responsible for the security of Your password(s). You must keep password(s) issued by the Company and/or Cougars In Heat.comª affiliates strictly confidential, and You hereby agree to do so. If You use a password that the Company considers to be insecure, the Company shall be entitled to require the password to be changed and/or terminate Your authorized access to password protected areas. Any sharing of passwords or any other methods of unauthorized access to the Website with any other person is strictly forbidden. You agree that if You become involved in any violation of system security or if the Company or any Cougars In Heat.comª affiliates reasonably so believes, the Company and all Cougars In Heat.comª affiliates shall independently have the right to release details regarding such incidents and Your personal information to governmental agencies and system administrators at other sites in order to assist them in resolving security incidents, and to do so without any incurring any liability to You whatsoever.
13.1 You will not use the Website to engage in any form
of illegal conduct, harassment or offensive behavior, including but not limited
to the posting or uploading of communications or any graphic, video or audio
content to the Website which contain libelous, slanderous, abusive or
defamatory statements, or racist, obscene or offensive language.
13.2 You will not use the
Website to infringe the privacy rights, property rights, including intellectual
property rights, or any other rights of any person or entity, including,
without limitation, the CompanyÕs rights, any Cougars In Heat.comª affiliateÕs
rights or any other Website userÕs rights.
13.3 You will not download or
access any content available at or in association with the Website that does
not comply with the community standards of the community to which You desire to
have such content delivered or transmitted.
14. Authorization And Permission To Communicate With You. Please read our
PRIVACY POLICY. You hereby authorize, permit and request notices, advertisements, e-mail and other communications to be sent to You from the Company and from Cougars In Heat.comª Content Providers and/or their authorized agents, assigns, representatives, successors, affiliates and contractors. You acknowledge and agree that such communications may include any type of matter, including, without limitation, communications containing explicit nudity, explicit sexual depictions, sexual language and explicit sexual situations, including those involving heterosexuality, homosexuality and transsexuality. You agree that the Company shall not be under any obligation or restriction regarding the sale of Your email information to any third parties for any purpose. Moreover, You agree that Your request, authorization and permission to the Company send You such materials and communications herein shall continue to be in effect unless and until You notify the Company that You wish to be deleted from the CompanyÕs email list, in which case, You acknowledge and agree that the Company shall be obligated only to delete You from its email list and not the email list(s) of any third parties regardless of how such parties obtained Your email information through the Company. You acknowledge and agree that You will need to contact such third parties to be deleted from their email list(s). If You do not wish to receive advertising email from Company CLICK HERE.
14.1 Opt-out and Cancellation Provisions. At any time, You may opt out
of future e-mailings and cancel Your receipt of e-mails from the Company by clicking the unsubscribe link at the bottom of the e-mail advertisement sent to You by the Company or by sending an e-mail cancellation request to support@bbgwebmedia.com
14.2 Acknowledgment of Privacy Policy. You hereby acknowledge the
CompanyÕs Privacy Policy and waive any claims against the Company that arise out of in relation to any matter relating thereto.
14.3 No Actions Resulting From Registration In ÒNo ContactÓ Registries. You hereby agree that You will not bring any action against Company, any Cougars In Heat.comª Content Providers, or any of the CompanyÕs affiliates or any of any of the aforementioned partiesÕ principals, employees or agents as a direct or indirect consequence of Your registration of an email address, mailing address, telephone number or other contact point with any governmental Òdo not emailÓ registry with respect to any such contact point You have provided to the Company and/or one or more Cougars In Heat.comª Content Providers after indicating that You have given the Company and/or such Cougars In Heat.comª Content Providers permission to send You email, e.g., as You have done so in this Agreement above. You agree to indemnify the Company and Cougars In Heat.comª Content Providers, the CompanyÕs affiliates and all their agents for any and all expenses and damages that result from any and all breaches of this subparagraph 14.3 and for any actions against Company and/or any Cougars In Heat.comª Content Providers that result from the Company and/or one or more Cougars In Heat.comª Content Providers or affiliates sending You email that You have requested or authorized the Company, its affiliates and/or one or more Cougars In Heat.comª Content Providers to send You.
15. Use Of The Website To Communicate With Other Users, Affiliates Or Cougars In Heat.comª Content Providers. The Company does not endorse, encourage, recommend or arrange personal or social communications or meetings among users of the Website or between a user and any individual Company affiliate or a user and any Cougars In Heat.comª Content Provider. You are expected to use common sense and take appropriate measures and precautions to insure Your own personal safety and privacy in the event that You choose to communicate with, or meet with any person with whom You have communicated through the use of any public areas or chat areas of the Website, if any, or through materials provided by the Company, a Company affiliate or any Cougars In Heat.comª Content Provider. You acknowledge and agree that Company shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone or any other means, resulting from advertisements placed or responded to, or messages or communications sent or received by other Website users, Company affiliate, any Cougars In Heat.comª Content Provider, or through any use, directly or indirectly, of the Website. You further acknowledge and agree that the Company does not screen any communications between Cougars In Heat.comª affiliates or Content Providers and Website users and the Company has no control over such communications and makes no representations or warranties with respect to the character, veracity, age, health or any other attribute of any Cougars In Heat.comª Content Providers, any affiliate or any other users of the Website, including any person who places any advertisements, profiles or notices on or in association with the Website.
15.1 The Company may in its discretion provide a service that enables authorized users to communicate with or otherwise share information with other Users or persons who offer to provide a service to users, such as Cougars In Heat.comª Content Providers or to post information at, in or on the Website. If the Company provides such service and if You make use of the service, You agree that You will not post, submit, publish, display, disseminate, or otherwise communicate any defamatory, libelous, inaccurate, abusive, threatening, offensive, fraudulent, obscene, lewd, excessively violent, harassing or otherwise objectionable or illegal material or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person. You acknowledge that transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited by the Company and You further agree that any transmission of such material by You shall constitute a material breach of this Agreement entitling Company, without notice and without any liability for damages or reimbursement to You, to immediately terminate Your rights to access to the Website.
15.2 You acknowledge and agree
that You, and not the Company, shall be solely responsible and liable for all
damages, liability or other consequences, foreseen or unforeseen, of all
information which You submit, publish, display, disseminate or otherwise
communicate through the Website even if a claim for damages or liability should
arise after termination of service.
15.3 If
the Company provides any such service described herein, You agree that all
messages and other communications by You shall be deemed to be readily
accessible to all other users of the Website who are authorized to access the
Website and agree that all such messages and other communications shall not be
deemed to be private or secure. Regardless of whether the Company provides any
type of service described herein, You agree that You have hereby been informed
and noticed that any and all messages and other communications which You submit
to Company directly or through the Website can be read by the operators and/or
other agents of Company whether or not they are the intended recipient(s).
15.4 Although
we do not assume the duty or obligation to monitor any messages or other
materials posted or uploaded to the Website by third parties, including You, we
reserve the right but not the obligation, in our sole and absolute discretion,
to monitor any and all materials posted or uploaded to the Website by third
parties, including You, at any time without prior notice to ensure that they
conform to any content guidelines or policies of the Website which may be
applicable from time to time.
15.5 Although
we do not assume the duty or obligation to monitor any messages, advertisements
or other materials posted or uploaded to the Website by third parties,
including You, and are not responsible for any content of these materials, we
reserve the right, in our sole and absolute discretion, but are not obligated,
to delete, move, or edit messages or materials, including without limitation
advertisements and public postings, without notice, that we, in our sole
discretion, deem to violate the Code of Conduct of the Website or any
applicable content guidelines adopted from time to time by the Website, or to
be otherwise unacceptable.
15.6 You acknowledge and agree
that You shall remain solely responsible for the content of messages and other
materials You may upload to the Website, to Cougars In Heat.comª Content
Providers or to other users of the Website. You further acknowledge and agree
that You shall remain solely responsible for any information You send, display,
or receive through the Website even if a claim should arise relating thereto
after termination of service.
15.7 Communications In Chat Room Or Public Areas Not Private. You further acknowledge and agree that all messages or content posted by You or others in any Chat rooms or public areas which may be provided on the Website shall be deemed to be readily accessible to the general public and consequently should not be considered private, confidential or proprietary. Consequently, You should not use the Website for any communication which You intend only You and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Website can and may be read by the operators of the Website, whether or not they are the intended recipient(s).
16. Disclaimer And Limitation Of Liability Regarding Cougars In Heat.comª Content Providers, Company Affiliates, Other Website Users And Other Third Parties.
16.1 You acknowledge and agree that Company shall not be held responsible or liable for the quality, legality, or any other matter regarding Content that is made available to You on or in association with the Website by Cougars In Heat.comª Content Providers, the CompanyÕs affiliates, any Website users or any other third parties.
16.2
You further
acknowledge that You understand that we do not guarantee or vouch for the
accuracy or truthfulness of any messages, communication, information or content
of any kind which has been posted, uploaded or provided by other users of the
Website, including without limitation any and all advertisers, and that
consequently You release the Company from any and all liability and
responsibility in connection verifying, the accuracy of any such messages,
communication, information or content of any kind provided by other users of the
Website.
16.3 You acknowledge and understand that we do not screen, endorse, monitor, control, investigate, supervise or verify any advertisements or communications submitted to the Website by Cougars In Heat.comª Content Providers, affiliates or other third-party licensees, advertisers, or users of the website for electronic dissemination through the Website. You are therefore cautioned and advised to use Your own judgment to evaluate all advertisements and other communications available at or through the use of the Website prior to purchasing goods and/or services described at the Website or otherwise responding to any communication at the Website.
16.4 Some of the materials that You might access via hyperlinks at the Website will connect You to third-parties, or to third-party Websites that may provide content to the Website via hyperlinks. We have no editorial control or supervision over selection or display of such content provided by those third parties or those third-party Websites and those parties are solely responsible and liable for all such content.
16.5 You acknowledge that You understand that we cannot ensure nor do we make any representations or warranties regarding the security or privacy of information that You voluntarily provide to the Company, Cougars In Heat.comª Content Providers, the CompanyÕs affiliates or any other website users and that You release the Company and its directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns from any and all liability and responsibility in connection with the use of such information.
16.6
You hereby
release Company and its directors, officers, employees, independent
contractors, advertisers, affiliates, suppliers, agents and attorneys, and
their successors and assigns from any and all liability and responsibility in
connection with the Content and all other information, messages, communication
or other materials You may receive from the Company, its affiliates or Cougars
In Heat.comª Content Providers.
17 No Representation, Guarantee Or Warranty That Website Or Content Associated Therewith Is Free Of Harmful Or Malicious Code. You understand that neither Company, its affiliates nor any Cougars In Heat.comª Content Providers represent, guarantee or warrant that either the Website or any Content or any other files You may access at, in or through, or download from the Website any Website linked to Cougars In Heat.comª or any affiliated website will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties (ÒHarmful CodeÓ). You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, protection of Your computer(s) and for maintaining a means of reconstructing data that You might lose because of Harmful Code. Neither the Company, its affiliates nor any Cougars In Heat.comª Content Providers assume any responsibility or risk associated with the possibility of damage to Your computer(s) or any other devices through Your use of the Website or any Content or other materials You may obtain in association therewith.
18 Disclaimers; No Warranties; Your Use Of This Site Is At Your Own Risk. You hereby agree that the use of the all materials, features, functions and all other goods and services provided to You by the Company, and the use of any and all Content provided by Cougars In Heat.comª Content Providers are provided to You on an Òas isÓ basis, without warranties of any kind, including, without limitation, warranties regarding the availability, accuracy, or content of materials, information, product or services, or warranties of merchantability, fitness for a particular purpose, title or non-infringement, and Company and Cougars In Heat.comª Content Providers expressly disclaim all such warranties. Neither the Company, its affiliates nor any Cougars In Heat.comª Content Providers warrant that the functions of the Website or Content provided by any of the aforementioned parties nor does the Company warrant that any other materials available in, at, through or in association with, the Website will be uninterrupted or error-free, or that any discovered defects will be corrected. Under no circumstances and under no cause of action or legal theory, shall Company, its affiliates, Cougars In Heat.comª Content Providers or any of the CompanyÕs suppliers, licensees, resellers, affiliates or their suppliers, licensees or resellers be liable to You or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any viruses, worms, Trojan Horses or other destructive software or materials, or communications by You or other users of the Website, or from any use of Content or any use of the Website whatsoever. This disclaimer of warranty constitutes anessential part of this Agreement. Some states do not allow exclusions of an implied warranty, so if for any reasons the choice of law provisions of this Agreement are deemed not to apply to this Paragraph, this disclaimer may not apply to You and You may have other legal rights that vary from state to state or by jurisdiction.
12.19
Limit Of CompanyÕs And Cougars
In Heat.comª Content ProvidersÕ Liability. Notwithstanding
the limitations of liability above, You also agree that as a material condition
to Your obtaining the license to use the Website set forth herein, and to
access Content made available to You by Cougars In Heat.comª Content Providers,
You agree that any and all liability that might be attributable to the Company
and/or any or all of Cougars In Heat.comª Content Providers, or to any of their
directors, officers, employees, independent contractors, advertisers,
affiliates, suppliers, agents and attorneys, and their successors and assigns
that directly or indirectly results from Your use of the Website and/or Cougars
In Heat.comª Content ProvidersÕ Content, including, without limitation, any
failure of performance, error, omission, interruption, deletion, defect, delay
in operation or transmission, communications line failure, theft or destruction
or unauthorized access to, alteration of, or use of records, whether for breach
of contract, negligence or under any other cause or action, shall be strictly
limited to the lesser amount of (1) the license fee paid by You for access to
the Website or for the Content You accessed at the Website or (2) fifty dollars
($50.00). Some states do not allow the limitation or exclusion of liability
for incidental or consequential damages. Regardless of whether such limitation
or other limitation of the scope of this limitation of liability or other
limitation of liability set forth in this Agreement should apply to You, You
acknowledge and agree that it is the express intent of the parties hereto that
the limitations of liability set forth in this paragraph and elsewhere in this
Agreement shall be construed to be as broad as is permissible under applicable
law.
20 Waiver of Section 1542. With respect to the releases of liability set forth in this Agreement, You hereby acknowledge that You have been advised by Your independent counsel or You otherwise understand the consequences of entering into the general release and discharge of all known and unknown Claims as set forth in this Agreement, and that You are familiar with the provisions of Section 1542 of the California Code, which currently provides that:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
You hereby expressly waive any and all rights under Section 1542 and under any other federal or state statutes or laws of similar effect. Notwithstanding the foregoing, however, nothing herein shall be construed or operate to limit any obligation, duty, warranty or other responsibility set forth in this Agreement, in any way.
21 Cooperation With Law Enforcement. The Company, its affiliates and all Cougars In Heat.comª Content Providers independently reserve the right to fully cooperate with any and all law enforcement authorities and court orders requesting or directing Company and/or Cougars In Heat.comª Content Providers to disclose the identity or other information regarding any person who is using or has used the Website or has obtained any Content available through or in association with Cougars In Heat.comª. By accepting this Agreement and using the Website, You waive and hold harmless Seller and the operators of Cougars In Heat.comª from any and all claims resulting from any and all actions taken by the Company and/or Cougars In Heat.comª Content Providers during, or as a result of any law enforcement authorityÕs investigations.
22 Notices To Company Or User Notices from the Website to authorized users may be given by means of electronic messages or by general posting on the Website. Communications from You to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Agreement. All questions, complaints, and notices to Company by means of electronic mail must be sent to Customer Service at support@bbgwebmedia.com.
23 Entire Agreement. This Agreement in association with any and all agreement(s) You may have or enter into in future with Cougars In Heat.comª Content Providers regarding Content provided to You at, in or through the Website, or in association with services provided by the Company, contains the entire agreement between You and the Company regarding Your access to, and use of, the Website, Content, and all other materials and services available in, at, through or in association with, the Website, and all features and functionality directly and indirectly related to the Website. This Agreement supersedes all prior written and oral understandings, writings and representations, including those, if any, made by any third party or other person. This Agreement may be amended at any time by the Company by updating the online version of this Agreement at Cougars In Heat.comª.
24 Dispute Resolutions; Choice Of Law; Arbitration; Venue And Jurisdiction. You agree that this Agreement and all disputes or controversies of any kind arising under, or related to the materials, services, features or functions available in, at, through or in association with, or in any way relating to, the Website, any Content or services provided by any Cougars In Heat.comª Content Providers and/or this Agreement, shall all be governed by and construed under the laws of the State of California and the United States, as applied to agreements between California state residents entered into and to be performed within the State of California, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
24.1 Choice of Law. You further agree that notwithstanding any judicially or statutorily
created choice of law rule that would otherwise require the application of the law of some other
jurisdiction, all provisions of this Agreement and all matters or controversies of any kind arising
out of, or related to this Agreement or the rights or liabilities of the parties hereto shall be
governed solely by the substantive statutory and common law of the state of California.
24. 2 Arbitration. Any and all disputes or controversies of any kind, including
but not limited to any performance, duty, obligation or liability arising under or related to this Agreement which are not first resolved informally, shall be determined by binding arbitration in Los Angeles, California, in accordance with the rules of the American Arbitration Association. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of California and the United States. Notwithstanding the foregoing, any and all disputes, which the parties cannot informally resolve, regarding the scope of issues or matter within the jurisdiction of the arbitrator, shall be resolved by a separate dispute resolution process whereby the Company in the CompanyÕs sole discretion shall elect the dispute to be resolved by either (1) a municipal or superior court of competent jurisdiction in Los Angeles, California or (2) a panel of three (3) new arbitrators.
24.3 Venue. You and the Company hereby agree that the venue for all legal disputes, controversies, actions of any kind arising under or related to this Agreement shall be Los Angeles, California.
24.4 Jurisdiction. You and Company agree that in case of any litigation regarding
this Agreement, the venue for such litigation shall be, depending on the subject matter of the dispute, either the Municipal Court of Los Angeles, California, the Superior Court of the County of Los Angeles or the United States District Court for the Central District of California, Western Division. You hereby consent and stipulate to the jurisdiction of the Courts of the State of California and the United States District Court, Central District of California, Western Division.
25. Unenforceability Of Provisions. You and Company agree that if any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and all other portions of this Agreement shall remain in full force and effect (i.e., if any part of this Agreement is unlawful, void or otherwise unenforceable, only that part will be deemed severable and, such severance will not affect the validity and enforceability of any and all the remaining provisions).
26. Non-Waiver. You acknowledge and agree that the failure of the Company or any the Cougars In Heat.comª Content Providers, or any of eitherÕs assignees or successors, to enforce any of the specific provisions of this Agreement shall not comprise a waiver of, or preclude or prevent any later, further or other enforcement of such provision(s), or any other provision(s), or waive, preclude, prevent or diminish the exercise of any other right hereunder.
27. Affirmation Of Agreement; Acknowledge You Have Read This Entire Agreement. By clicking on a link intended to signify your agreement to this Agreement, for example, by clicking the acceptance button, by continuing to access the Website and/or any service or other functionality available in, on, at or through the Website available at, in or through the Website, or by obtaining Content from any Cougars In Heat.comª Content Providers, You agree that You are acknowledging and affirming that You have read this entire Agreement and that You agree to all its terms, conditions, warranties and other provisions. You further agree that Your acknowledgment and agreement to the entirety of this Agreement is reaffirmed by authorizing the use of Your credit card for payment of charges for Content and each time You access any restricted part of the Website.
28 No Authorization To Acquire Content Or Use Adults Only Parts Of The Website Without Full Agreement. You acknowledge and agree that unless You expressly agree with all the terms of this Agreement, You will not be authorized to access the CompanyÕs or the CompanyÕs agentÕs computers or servers to download or otherwise use the Website, to acquire access to the Òadults onlyÓ portions of Cougars In Heat.comª, to use any services offered or otherwise provided by or through the Website or to acquire any kind of Content from the Company, any of its affiliates or any Cougars In Heat.comª Content Providers