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SEXLESS MARRIAGE SUPPORT

TERMS OF USE

 

By accessing, browsing, or using the Sexless Marriage Support Website, available at https://sexlessmarriage.support/ (the “Website”) or Services (as defined below), you are a “user” of the Website or Services, and acknowledge that you have read, understood, and agreed to be bound by these terms and end-user license (collectively the “Terms of Use”). Please read these Terms of Use before using the Website or the Services, or submitting content in any form or medium. By continuing to use the Website or Services, or by submitting content for publication or otherwise on the Website, you agree to abide and be bound, by these Terms of Use.

 

IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MUST IMMEDIATELY DISCONTINUE ANY USE OF THE WEBSITE OR THE SERVICES. We reserve the right to change these Terms of Use at any time, and by continuing to use the Website you agree to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance the Website shall be subject to these Terms of Use. The most current version of these Terms of Use can be viewed at any time at: https://sexlessmarriage.support/terms.

 

  1. Services.

 

THIS WEBSITE, OR PAGES IT LINKS TO, CONTAINS INFORMATION ABOUT AND GRAPHICALLY DESCRIBES SEXUAL BEHAVIORS OR ACTIVITY WHICH MAY BE TRIGGERING.

 

You must be over 18 years old to enter this Website. If you are under 18 or do not wish to view adult content, you must exit now.

 

ACB Services, LLC d/b/a Sexless.Marriage Support (“SMS”, “we”, “us” or “our”) operates a Website that provides information and content related to sexual and other activities within relationships or marriages, and related information, and operates web-based forums (the “Forums”) that provide opportunities to read what other SMS members are discussing with respect to sexual behaviors, sexual activity in their relationships, and other non-related topics, to share your opinions and ask questions, and obtain information on sexual behavior and sexual activity within relationships from SMS and other users who have registered an account (an “Account”) with SMS (all collectively referred to herein as the “Services”). Content in the Forums may include adult, erotic, or sexually explicit content, descriptions, or stories (collectively “Explicit Content”).  By using the Services and the Website, you consent to view such Explicit Content, and expressly warrant and agree you will only do so in compliance with these Terms and Conditions.

 

Our Services continue to grow and change. Please refer to our Website for further information about the Services we provide.

 

  1. Disclaimer of Medical Liability.

 

THE CONTENTS OF THE WEBSITE AND THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY.  SMS IS NOT A MEDICAL PROVIDER OR THERAPIST, AND THE SERVICES SHALL NOT CONSTIUTE THERAPY OR ANY OTHER MEDICAL TREATMENT. 

 

IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL

9-1-1 OR THE APPLICABLE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES.

 

REGARDLESS OF ANY CLAIMS BY ANY USER OR INDIVIDUAL TO THE CONTRARY, SMS OR ANY FORUM USER SHALL NOT BE CONSTRUED AS A THERAPIST OR OTHER MEDICAL PROVIDER.  THE SERVICES AND WEBSITE ARE NOT INTENDED FOR MEDICAL DIAGNOSIS OR DRUG PRESCRIPTION OR ADVICE CONCERNING WHICH DRUGS, THERAPY, OR TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED VIA THE SERVICES OR WEBSITE.

 

SMS recognizes that users of the Forums will be communicating about private, sensitive topics; however, SMS does not and cannot guarantee that the Forums or Website will be safe or secure. You are advised to exercise a high level of care and caution in the use of the Services, and in provision of information to the Website. You agree, confirm, and acknowledge that you are aware that use of the Services or Website is not a substitute for sessions with a licensed therapist or other medical provider. You should never rely on or make health or well-being decisions exclusively based on your use of the Services or information contained in the Website. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare provider or therapist as a result of any information or advice you received through the Services or the Website.

 

Furthermore, in addition to the indemnification provision hereof, SMS assumes no responsibility for any act, omission or wrongdoing of any individual or entity communicating via the Website or Services. SMS makes no representation or warranty whatsoever as to whether you will find the Services relevant, useful, correct, satisfactory or suitable to your needs.

 

  1. User Responsibilities and Forum Moderation.

 

Account registration to access the Forums and Services requires you to submit to certain personal information. You agree to maintain accurate, complete, and up-to-date information in your Account. You also agree to submit answers to questions once your Account is created, if applicable. You are responsible for all activity that occurs under your Account, whether or not you actually authorized that activity. You agree to maintain the security and secrecy of your Account username and password at all times, and you understand that you may only possess one Account. You shall never use another user’s Account, or set up an unauthorized Account for a third party. You will not tag users in social media or otherwise contact users of the Services without their consent.

 

You will immediately notify SMS in writing of any unauthorized use of your Account, or other Account-related security breach known to you. In the event of any such unauthorized use of your Account, you will take all steps necessary to terminate such unauthorized use. Additionally, you will provide us with such cooperation and assistance related to any such unauthorized use as we may reasonably request.

 

We reserve the right to refuse, or cancel access to the Forums, the Website or other Services in our sole discretion. You agree we may moderate your Account, and access to and use of the Forums in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate.

 

You agree that any material, user comments, feedback, and ideas that you transmit to the Forums or otherwise provide (“Transmissions”) shall be and remain SMS’ property. Additionally, we shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purposes whatsoever including, but not limited to, developing, manufacturing, or marketing services incorporating such information. You further agree that we may use information about your demographics and use of the Forums and Services in any manner that does not reveal your identity.

 

In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from the Forums or Website any unlawful, threatening, libelous, defamatory, inflammatory, pornographic or sexually explicit images or videos, or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.

 

  1. Intellectual Property.

 

The material provided on the Website is protected by law, including, but not limited to, United States copyright law, trademark law, and international treaties. All intellectual property on the Website is owned by SMS, and nothing herein or included in the Website’s material shall be construed as a grant from SMS of a license to any copyrights, trademarks, patents or any other intellectual property rights.

 

Except as otherwise authorized by the Terms of Use, none of the Website content may be copied, reproduced, distributed, republished, downloaded, displayed, modified, exploited, entered into a database, reverse engineered, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of SMS. Permission is granted for you to display, copy, distribute and download the materials from the Website ONLY for personal, non-commercial use, provided that you do not modify the materials, you retain all copyright and other proprietary notices contained in the materials, and you agree to abide by all additional copyright notices or restrictions contained in any material accessed through the Website. You hereby acknowledge that you are prohibited from transmitting, showing, displaying, or presenting the content, ideas, trademarks, or language contained on or within the Website in any way to any other individual, entity, or third party. The permission to use the Website for personal, non-commercial use terminates automatically if you breach any of the Terms of Use or the Privacy Policy as set forth herein. At termination of the permission of use by SMS for any reason, you agree to destroy any and all copies of the Website you possess in any format, including in electronic format. You also may not, without SMS’s permission, “mirror” any material contained on the Website on any other server. Any unauthorized use of any material contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

 

Unless otherwise indicated, these Terms of Use, the Website and all content provided by SMS in connection therewith are copyright 2017 ACB Services, LLC.  All rights reserved. SMS, and the Website is either a trademark or registered trademark of ACB Services, LLC.  The names of any actual companies and products mentioned on the Website may be the trademarks of their respective owners.

 

  1. Unauthorized Access or Activities.

 

To maintain the integrity and functionality of the Website for users, access to the Website or activities related to the Website that are harmful to, inconsistent with or disruptive of the Website or users’ beneficial use and enjoyment of the Website are expressly unauthorized and prohibited. For example, without limitation, such prohibited activities include:

 

  1. Using the Website in any manner or for any purpose other than as expressly permitted by these Terms of Use or the Privacy Policy;
  2. Using the Website in violation of any federal, state, local, or international laws or regulations or would otherwise give rise to civil liability;
  3. Using the Website or the Services for storing, transmitting, or posting infringing, libelous, offensive, defamatory, abusive, pornographic or sexually explicit images or videos, hateful, obscene or otherwise objectionable, unlawful or tortious material, or using the Website or Services to harass, defame, or embarrass other users or individuals;
  4. Interfering with other users use or enjoyment of the Website;
  5. Using the Website for commercial purposes other than those consented to by SMS, including to advertise to others without permission;
  6. Collecting Website users’ personal information (including but not limited to email addresses, IP addresses and telephone numbers) for any purpose, or otherwise bullying, intimidating, or harassing any other user of the Website;
  7. Copying, aggregation, display, distribution, performance or derivative use of the Website or any content posted on the Website, whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds);
  8. Accessing or using the Website to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with the Website. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer or any electronic, wireless or mobile device, technology or product that exists now or in the future;
  9. Attempting to decompile, disassemble or reverse engineer all or any part of the Website in order to identify, acquire, copy or emulate any source code or object code;
  10. Introducing or attempting to introduce any malicious software, viruses, worms, Trojan horses, malware, spiders and/or harmful code to the Website;
  11. Infringing on any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; and
  12. Attempting to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities.

 

If you access the Website or copy, display, distribute, perform or create derivative works from the Website or our intellectual property in violation of Section 3 of the Terms of Use or for purposes inconsistent with the Terms of Use, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on the Website or any provision of the Terms of Use that restricts content, conduct, or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of our Website on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101.

 

  1. Circumvention.

 

You acknowledge and agree that you shall not circumvent or attempt to circumvent any of these Terms of Use, the Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively referred to herein as a “Circumvention Act”). If SMS determines, in its sole discretion, that you have engaged, or attempted to engage, in any Circumvention Act, use automated technology or otherwise commit fraud with regard to the Website, then, in such an event, SMS reserves the right to institute civil or criminal proceedings against you and report you to the relevant regulatory authorities.

 

  1. Termination.

 

This Agreement is effective and you will continue to have access to the Forums until the earlier to occur of the following: (a) we terminate your Account, at our sole discretion; or (b) you properly cancel your account in accordance with this Agreement.

 

You are solely responsible for properly canceling your Account. You may cancel your Account at any time by signing in to your Account, selecting “Profile,” and scroll to “WP Symposium Pro.”  Select “Close Account,” and click “Update Profile.”  All cancellations will be processed within forty-eight (48) hours of receipt of the request for cancellation.

 

We may terminate this Agreement and your rights to access and use the Forums, Website and Services for any or no reason, without liability, at our sole discretion at any time, including but not limited to if we suspect that you have violated this Agreement. We may notify you of any such termination but are under no obligation to do so. In addition, without limiting the foregoing termination rights, we reserve the right, at any time and in our sole and absolute discretion, to temporarily suspend access to the Website (in whole or in part) for: (a) scheduled or unscheduled maintenance; (b) purposes of maintaining the security or integrity of SMS’s network, hardware, or associated systems or those of its third party providers; or (c) the actual or suspected violation of this Agreement by you.

 

Even after your right to use the Website is terminated or suspended, these Terms of Use will remain enforceable against you. Upon termination of this Agreement or cessation of your right to access the Website or Services, all rights granted to you hereunder will immediately terminate.

 

  1. Privacy and Protection of Personal Information.

 

SMS values your privacy and we will always attempt to keep your private information private. Please review our Privacy Policy at www.sexlessmarriage.support/privacy-policy more information on how SMS collects, uses and processes your personal data. You acknowledge that such Privacy Policy is incorporated in these Terms of Use by reference. If you do not agree with all parts of the SMS Privacy Policy, you should not use the Services or provide SMS with any personal data.

  1. Indemnification.

 

YOU, ON BEHALF OF YOURSELF, YOUR SPOUSE, YOUR HEIRS, YOUR NEXT OF KIN, AND ANYONE ELSE WHO MAY LEGALLY ACT ON YOUR BEHALF, SHALL INDEMNIFY AND HOLD SMS AND THE SMS REPRESENTATIVES HARMLESS FROM AND AGAINST ALL SUITS, PROCEEDINGS AT LAW OR IN EQUITY, CLAIMS, LIABILITIES, COSTS, DAMAGES, PAYMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ OR ACCOUNTANTS’ FEES) ASSERTED AGAINST SMS OR THE SMS REPRESENTATIVES OR INCURRED BY SMS OR THE SMS REPRESENTATIVES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF, MISUSE OF, OR RELIANCE ON THE WEBSITE; (B) YOUR VIOLATION OR BREACH OF THESE Terms of Use; (C) your violation of any rights of a third party or service provider; (D) your connection to SMS’S WEBSITE; or (E) ANY CLAIM FOR DAMAGES TO PROPERTY OR INJURIES TO PERSONS, CAUSED BY OR RESULTING FROM YOUR ACTS OR OMISSIONS. SMS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of these claims.

 

  1. Disclaimer.

 

YOU ASSUME ANY AND ALL RISKS ASSOCIATED WITH USE OF THE WEBSITE AND HEREBY INDEMNIFY SMS AND THE SMS REPRESENTATIVES AGAINST ANY AND ALL LIABILITY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR INJURY OR DEATH.

 

INFORMATION ON THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE WEBSITE IS PROVIDED “AS IS”, “WHERE IS”, “WITH ALL FAULTS”, “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS. SMS DOES NOT MAKE ANY REPRESENTATIONS, NOR DOES IT ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR CONTENT DISPLAYED, UPLOADED OR DISTRIBUTED ON THE WEBSITE OR AVAILABLE THROUGH LINKS ON THE WEBSITE.

 

SMS AND THE SMS REPRESENTATIVES ASSUME NO LIABILITY OR RESPONSIBILITY FOR: ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OR MERCHANTS OF THE WEBSITE, EITHER ONLINE OR OFFLINE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WEBSITE CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.

 

SMS AND THE SMS REPRESENTATIVES CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

 

The WEBSITE may permit you to link to other websites, applications, or resources on the Internet, and other websites, applications, or resources may contain links to the WEBSITE. SMS AND THE SMS REPRESENTATIVES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY. SMS AND THE SMS REPRESENTATIVES DO NOT ENDORSE, HAVE NO CONTROL OVER, AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR THE FUNCTIONALITY, AVAILABILITY, OR SECURITY OF ANY THIRD PARTY. THE USER ACKNOWLEDGES THAT SMS AND THE SMS REPRESENTATIVES HAVE NO CONTROL OVER SUCH SERVICES AND AGREES TO HOLD SMS AND THE SMS REPRESENTATIVES BLAMELESS FOR ANY LAPSE IN FUNCTIONALITY, BREACH OF SECURITY, OR UNAVAILABILITY OF ANY THIRD PARTY’S WEBSITE CONTENTS, SERVICES, OR INTERRUPTION OF ACCESS TO WEBSITE AS A RESULT OF ANY THIRD PARTY’S WEBSITE MALFUNCTION OR INOPERABILITY. THE USER FURTHER ACKNOWLEDGES AND AGREES THAT SMS AND THE SMS REPRESENTATIVES SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES. THE USER’S USE OF THIRD-PARTY WEBSITES AND MERCHANTS IS AT THE USER’S OWN RISK AND SUBJECT TO THE TERMS OF USE OF USE FOR SUCH WEBSITES.

 

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

 

CLASS ACTION WAIVER

 

Where permitted under applicable law, YOU AND SMS agree that each may bring claims against the other only in A corporate or individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both EXPRESSLY AGREED TO BY SMS, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

 

  1. No Liability.

 

YOU, ON BEHALF OF YOURSELF, YOUR SPOUSE, YOUR HEIRS, YOUR NEXT OF KIN, AND ANYONE ELSE WHO MAY LEGALLY ACT ON YOUR BEHALF, ACKNOWLEDGE AND AGREE THAT SMS AND THE SMS REPRESENTATIVES ARE ONLY WILLING TO PROVIDE THE WEBSITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU, ON BEHALF OF YOURSELF, YOUR SPOUSE, YOUR HEIRS, YOUR NEXT OF KIN, AND ANYONE ELSE WHO MAY LEGALLY ACT ON YOUR BEHALF, AGREE NOT TO HOLD SMS OR THE SMS REPRESENTATIVES LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER OR MERCHANT (INCLUDING WITHOUT LIMITATION INJURY, DEATH, OR DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER OR MERCHANT, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY SMS OR THE SMS REPRESENTATIVES OR ANY DESTRUCTION OF YOUR INFORMATION, ON ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE.

 

UNDER NO CIRCUMSTANCES WILL SMS OR THE SMS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.

 

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SMS AND THE SMS REPRESENTATIVES DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE WEBSITE. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT SMS OR THE SMS REPRESENTATIVES ARE LIABLE FOR DAMAGES IN EXCESS THESE TERMS, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100.00).

 

  1. Miscellaneous.

 

  1. United States Access. SMS is based in the state of Virginia, in the United States of America. SMS makes no claims that the content of the Website is appropriate or lawful outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The Terms of Use shall remain in effect indefinitely and shall service any breach by any party.
  2. Remedies. You agree that a threatened, impending or existing violation of any provision of these Terms of Use would cause SMS irreparable harm for which monetary damages may not be a sufficient remedy, and that SMS shall be entitled to seek immediate injunctive relief prohibiting such violation without being required to post any sort of bond or related security, in addition to any other rights and remedies available to it. You shall be liable to SMS for all court costs, reasonable attorney’s fees and other expenses incurred by SMS in enforcing its rights under these Terms of Use.
  3. No Agency. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Use.
  4. Age Restrictions. You must be at least eighteen (18) years old to use the Website, and would be judged as a competent adult. SMS has no intention of collecting personal information from individuals under the age of eighteen (18).
  5. Electronic Communications. When you use the Website, the Services, or send e-mails to SMS, you are communicating with SMS electronically and you consent to receive communications from SMS electronically. SMS will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that SMS provides to you electronically satisfy any legal requirement that such communications be in writing.
  6. If any one or more of the provisions (or portions thereof) of the Terms of Use shall for any reason be held by a final determination of a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions (or portions of the provisions) of the Terms of Use, and the invalid, illegal, or unenforceable provision shall be deemed replaced by a provision that is valid, legal, and enforceable and that comes closest to expressing the intention of the parties.
  7. The failure of SMS to seek redress for violation of or to insist upon the strict performance of any covenant or condition of the Terms of Use shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.
  8. Governing Law; Jurisdiction. The Terms of Use shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of laws provisions. You hereby expressly submit and consent to the personal and exclusive jurisdiction of the federal and state courts located in the state of Virginia, and waive any objection to such courts’ jurisdiction and venue. EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THE TERMS OF USE OR ANY OTHER MATTERS INVOLVING THE PARTIES HERETO. The prevailing party in any lawsuit or other proceeding regarding the Terms of Use or the Website shall be entitled, in addition to other costs and damages, to reasonable attorneys’ fees and litigation expenses.
  9. Time Limit for Claims. You agree that any claim or cause of action against SMS arising out of or related to the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action first arose, or such claim or cause of action shall be barred forever; provided, however, that in the event any statute or law prohibits the revision of the limitations period applicable to such claim or cause of action to such one (1) year, such period shall be revised to the shortest period of time allowable by such statute or law.
  10. Force Majeure. SMS shall not be responsible for any damages, delay in performance or failure to perform by SMS if caused by any act or occurrence beyond its reasonable control such as embargoes, changes in government regulations or requirements (executive, legislative, judicial, military or otherwise), acts of war or terrorism, power failure, electrical surges or current fluctuations, lightning, earthquake, flood, the elements or other forces of nature, delays or failures of transportation, or acts or omissions of telecommunications common carriers.
  11. Assignment.The Terms of Use, and any rights you may have under them, may not be assigned or transferred by you. SMS may freely assign the Terms of Use to any third party.
  12. Agreement Binding on Successors. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns.
  13. All headings used in the Terms of Use are intended for convenience of reference only and shall not affect the construction or interpretation of the Terms of Use. Words of any gender used in the Terms of Use shall be held to include any other gender, and words in the singular shall be held to include the plural when the sense requires.
  14. Survival. All provisions of these Terms of Use relating to ownership, warranties, indemnification, limitations of liability, and any other subject that would, by its nature, be deemed to survive termination of these Terms of Use will survive termination of these Terms of Use, whether or not so expressly stated.
  15. SMS may post changes to the Terms of Use at any time, and any such changes will be applicable to all subsequent access to or use of the Website. If you do not accept and agree to all provisions of the Terms of Use, now or in the future, your sole recourse is to reject the Terms of Use by immediately terminating all access and use of the Website, in which case any continuing access or use of the Website is unauthorized. By using the Website you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms of use to which you are bound.
  16. Entire Agreement. These Terms of Use constitute the entire agreement between the parties and supersede all previous agreements on this matter. There are no other written or oral agreements, representations, or understandings with respect to the subject matter of the Terms of Use.

 

YOU acknowledge that YOU HAVE read and fully understand THESE Terms of Use and that, BY USING THE WEBSITE, YOU agree with and accept all the Terms of Use contained herein.