Terms of Use
If you wish to use this website, and purchase online training, participate in a forum, attend live or pre-recorded conference calls and or webinars, participate in calls, use, or interact and/or use any of the features or services offered by OREdmasters, you must agree to abide by and be legally bound by the terms and conditions described below.
WELCOME
WELCOME TO OREDMASTERS.COM (THE “SITE”), WHICH IS OWNED AND OPERATED BY MEDSITE, LLC. (“WE,” “US” OR “OUR”). PLEASE READ THESE TERMS AND CONDITIONS OF USE (THESE “TERMS OF USE”) CAREFULLY. BY ACCESSING OR USING THE SITE, BY purchasing or accessing any services, licenses, or products, OR BY UPLOADING, BROWSING OR DOWNLOADING ANY VIDEO CLIP(S) FROM THE SITE (“VIDEO(S)”), YOU (“YOU” or “YOUR”) AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT USE THE SITE OR ANY OF THE INTERACTIVE AREAS (DEFINED BELOW) AND DO NOT ACCESS ANY VIDEOS. WE SUGGEST YOU PRINT A COPY OF THESE TERMS OF USE FOR YOUR RECORDS. NOTHING IN THESE TERMS OF USE WILL BE CONSTRUED TO CONFER ANY RIGHTS OR BENEFITS TO THIRD PARTIES.
These Terms of Use apply exclusively to Your access to, and use of, the Site, Your use or purchase of Interactive Areas (including but not limited to: online training, participation in a forum, attendance of live or pre-recorded conference calls and or webinars, participation in calls, use of, and interaction with any of the features or services offered by OREdmasters). However, these Terms of Use do not alter in any way the terms or conditions of any other agreement You may have with Us, or Our subsidiaries or affiliates (“Affiliates”), for products, services or otherwise. Your use of the Site and the Interactive Areas (defined above) are subject to, and expressly conditioned upon Your agreement to, these Terms of Use. If You are using the Site or the Interactive Areas (defined above) or are accessing and using the materials on behalf of any entity, You represent and warrant that You are authorized to accept these Terms of Use on such entity’s behalf, and that such entity will be responsible for and indemnify Us for violations of these Terms of Use.
For questions or comments about the Site or its contents, please email contact@oredmasters.com.
MODIFICATIONS AND TERMINATIONS
These terms and conditions may change at any time and if changes are made, they will be effective immediately. If you disagree with the changes that have been made, you should not use our website, or any of the interactive areas, and do not access any content.
We may terminate these terms and conditions of use for any reason and at any time without notice to you. If you are concerned about these terms and conditions of use, it is your responsibility to read them whenever you use our website. Any questions or concerns should be brought to our attention by sending an e-mail to admin@oredmasters.com and provide us with information describing your concern.
MINORS
We do not provide services, license, or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.
PRIVACY POLICY IS PART OF THESE TERMS AND CONDITIONS
We believe strongly in user privacy. Please refer to the Site’s Privacy Policy (“Privacy Policy”) for information on how We collect, use, and disclose personal information from users of the Site. Your use of the Site signifies Your acknowledgment of, and agreement to, the Privacy Policy. If You are a resident of any country outside the United States, including, but not limited to, any country within the European Union, You understand and agree that We store and process Your personal information on computers located in the United States, and that by providing any information to Us, You consent to the transfer of such information to the United States.
ELECTRONIC COMMUNICATIONS
When You visit the Site or send emails to Us, You communicate with Us electronically and consent to receive communications from Us electronically. We may communicate with You by: (a) email to Your email address indicated in Your communications with Us, (b) posting general notices on the Site, or (c) posting messages that are displayed to You when You log in to or access the Site. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
LICENSEE STATUS
You will be solely responsible for the safe custody of Your log-in identification and password and to avoid its misuse by any third party. We do not guarantee the continued availability of the Site or Your account to You. We reserve the right to deny your registration request or to terminate or suspend Your account at any time, with or without any reason. In consideration of Your use of the Site, You agree to (a) maintain the security of your password and identification; (b) maintain and promptly update the Registration Data, and any other information You provide to Us, to keep it accurate, current and complete; and (c) accept all risks of unauthorized access to the Registration Data and any other information You provide to Us.
ALL SALES ARE FINAL UNLESS OTHERWISE STATED
OREdmasters is in the business of selling information in the form of live training seminars and workshops, coaching programs, and digital material such as online courses, digital documents (e.g. PDF file), and webinars. OREdmasters also offers or may offer group coaching calls and one-on-one private coaching. You have been informed that all orders are final and there will be no refunds unless otherwise specifically stated. If a money-back guarantee is not specifically stated for a product on the website, then no such guarantee is offered.
If a Money Back Guarantee is offered on the website, and you wish to request a refund, you must request the refund within the time specified in the guarantee. Once that period has elapsed, no refunds will be given.
Refunds, where offered, are for the cost of the event or product only. No compensation will be provided for travel or any other associated expenses whatsoever.
The licensing term for digital products, such as online courses and memberships will be available for one year unless otherwise stated. We may extend this time at our discretion.
Digital products, such as online courses and memberships that are sold with Lifetime Access will be available for as long as that product continues to be sold and maintained. Lifetime access grants access only to the version of the product purchased and does not include upgrades to new versions of the product.
We may offer a recurring payments option for OREdmasters subscribers. The down payment and recurring payments are specified when you purchase enrollment. Your continued enrollment in Medical Sales Academy will be based on our ability to receive the payments due each month. If any attempt to charge your credit card or bank account is unsuccessful, we will make up to two additional attempts. If we are unsuccessful in obtaining payment, we will suspend access to OREdmasters until the payment issue is resolved. There will be no refunds of any fees paid after any Money-Back Guarantee period has elapsed.
PRICING CHANGES AND PROGRAM PACKAGING CHANGES
OREdmasters may change Our pricing at any time or alter the components that are included with any of the packages at any time. If price reductions on any of the packages or programs occur, there will be no credit or refund of the difference from the amount initially paid.
COPYRIGHT AND LIMITED LICENSE
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, but not limited to, Our logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, Videos, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the “Materials”) are Our property or that of Our Affiliates, licensors or users and are protected by United States and/or international copyright laws.
We grant You a limited, non-sublicensable and non-exclusive license to access and make use of the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site for Your informational, non-commercial and personal use only, solely in accordance with, and subject to, the terms set forth in these Terms of Use and any other agreement You may enter into with Us or any of Our Affiliates. Such license does not include, except as and to the extent otherwise expressly permitted by these Terms of Use: (a) the collection, use, copying or distribution of any portion of the Site or the Materials; (b) any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Site or any of the Materials; (c) modifying or otherwise making any derivative uses of the Site or the Materials, or any portion thereof; (d) use of data mining, robots or similar data gathering or extraction methods; (e) downloading (other than page caching) of any portion of the Site, the Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Materials other than for their intended purposes.
Any use of the Site or of any Materials not owned by You, other than as specifically authorized herein, without Our prior written consent, is strictly prohibited and will terminate the license granted herein and constitute a breach of the license granted herein. Such unauthorized use may also violate applicable laws, including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless otherwise expressly stated herein, nothing in these Terms of Use will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. In the event any license (which is not expressly granted under these Terms of Use to You) is otherwise deemed to be granted to You by operation of law or otherwise, You hereby irrevocably assign to Us forever all right, title and interest therein, without any fee. In addition, such license will be revocable by Us at any time without any penalty.
REPEAT INFRINGER POLICY
In accordance with the United States Digital Millennium Copyright Act and other applicable law, We have adopted a policy of terminating, in appropriate circumstances and at Our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at Our sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any of Our intellectual property rights or those of others (including, but not limited to, Our Affiliates), whether or not there is any repeat infringement.
COPYRIGHT COMPLAINTS
We respect the intellectual property rights of others. If You believe that any material on the Site infringes upon any copyright that You own or control, or that any link on the Site directs users to another Website that contains material that infringes upon any copyright that You own or control, You may file a notification of such infringement with Our designated agent to the following email: copyright@oredmasters.com.
We may give notice of a claim of copyright infringement to Our users by means of a general notice on the Site, electronic mail to a user’s email address in Our records, or by written communication sent by first-class mail to a user’s address in our records.
TRADEMARKS
OREdmasters, the OREdmasters logo, and all other of Our products and service names, logos and slogans contained in or displayed the Site are Our (or Our supplier’s and licensor’s) trademarks or service marks and may not be copied, imitated, or otherwise used, in whole or in part, without Our prior written consent. You may not use any metatags or any other “hidden text” utilizing “OREdmasters” or any other of Our names, trademarks, service marks or products or service names, without the prior written consent of Us or the applicable trademark holder. In addition, the look and feel of the Site, including, but not limited to, all page headers, custom graphics, button icons and scripts, is Our service mark, trademark and/or trade dress and may not be copied, imitated, or otherwise used, in whole or in part, without Our prior written consent. All other trademarks, registered trademarks or service marks, product names and company names and logos mentioned in or displayed on the Site are the property of Us their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, service mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Us. You understand that any consent required of Us under these Terms of Use may be withheld by Us in Our sole discretion, without or without any reason.
THIRD PARTY SITES AND CONTENT
We may host or provide links to products, Web pages, Websites, and other content of third parties (“Third Party Sites and Content”). The inclusion of any link or the hosting of any content is provided solely as a convenience to Our users, including You, and does not imply affiliation, endorsement, approval, control, or adoption by Us of any Website or any information or content contained therein. We make no claims or representations regarding and accept no responsibility for such Third-Party Sites and Content, or for the quality, accuracy, nature, ownership, or reliability thereof. Users, including You, may use these links and the Third-Party Sites and Content contained therein at their own risk. When You leave the Site, You should be aware that Our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Website to which You navigate from the Site.
Advertisements and Promotions; Third Party Products and Services
We may run advertisements and promotions from third parties on the Site or may otherwise provide information or links to third party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of Our advertisers and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between You and such third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or promotions or as the result of the presence of such third-party advertisers or third-party information on the Site.
User Content and Interactive Services or Areas
The Site includes (or may include in future) content hosting and storage services, discussion forums, user generated content or other interactive areas or services (collectively, “Interactive Areas”), including, but not limited to, online training, participation in a forum, attendance of live or pre-recorded conference calls and or webinars, participation in calls, blogs (including, but not limited to, The OREdmasters Blog) use of, and interaction with any of the features or services offered by OREdmasters, message boards, online hosting or storage services, or other areas or services in which You or third parties create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Site (collectively, “User Content”). You are solely responsible for Your use of and access to the Interactive Areas and You will use the Interactive Areas at Your own risk. By using any Interactive Areas, You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- a. Any User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including, but not limited to, any User Content containing nudity that would be unacceptable in a public museum where minors visit;
- b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of Us or others (including, but not limited to, Our Affiliates), endanger national security, or that. would otherwise create liability or violate any local, state, national or international law;
- c. User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of Us or others (including, but not limited to, Our Affiliates). By posting any User Content, You represent and warrant that You have the lawful right to use, display, distribute, and reproduce such User Content;
- d. User Content that impersonates any person or entity or otherwise misrepresents Your affiliation with a person or entity;
- e. Unsolicited promotions, political campaigning, advertising or solicitations;
- f. Private information of Us or others (including, but not limited to, Our Affiliates), including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- g. Viruses, corrupted data or other harmful, disruptive, or destructive files; and
- h. User Content that, in Our sole judgment, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Us or Our users to any harm or liability of any nature or type.
Although We prohibit certain activities in these Terms of Use, We do not control and take no responsibility or liability for any User Content posted, stored or uploaded by You or any third party, or for any loss or damage thereto, nor are We liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity You may encounter by use of the Site, including the Interactive Areas. Your use of the Site and the Interactive Areas is at Your own risk. As a provider of interactive services, We are not liable for any statements, representations or User Content provided by Our users in any public gallery, forum, personal home page or other Interactive Area. We have no obligation to screen, edit or monitor any User Content posted in any Interactive Areas.
Judgments as to the acceptability of User Content are at Our sole discretion, and We reserve the right, and have absolute discretion, to remove, screen or edit the Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content You post or store on the Site at Your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination, or suspension of Your rights to use the Interactive Areas and/or the Site.
You understand and acknowledge that any User Content contained in public postings, including, but not limited to, any portions of the Site that may be designated as private, will be accessible to the public and could be accessed, indexed, archived, linked to and republished by others, including, but not limited to, appearing on other Websites and in search engine results. Therefore, You should be careful about the nature of the Content You post. We will not be responsible or liable for any third-party access to or use of the User Content You post. You represent and warrant that: (a) You own or otherwise control all of the rights to the User Content that You post, or You otherwise have the right to post such User Content to the Site and to grant the rights granted herein; (b) the User Content You supply is accurate and not misleading; and (c) use and posting of the User Content You supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.
If You post User Content to the Site, unless we indicate otherwise, You grant Us and Our Affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the Site. You grant Us and Our Affiliates and sublicensees the right to use the name that You submit in connection with such content if they choose.
In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Our systems and customers, or to ensure the integrity and operation of Our business and systems, We may access and disclose any information We consider necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addresses and traffic information, usage history, and posted User Content. Our right to disclose any such information shall govern over any terms of the Privacy Policy.
SUBMISSIONS
By posting any content on the Site, You grant Us a perpetual, non-exclusive, royalty-free right to use, publish, distribute, reproduce, perform, adapt and display such content on the Site, including, but not limited to, the right to use the name that is submitted in connection with such content. You further understand and agree that, in order to help ensure smooth operation of the Site, We may keep backup copies of such content indefinitely.
Notwithstanding the foregoing, as between the parties and subject to the express grants in these Terms of Use, you own all right, title and interest in and to the content you provide to Us via the Site or otherwise together with any and all intellectual property rights embodied in such content. Notwithstanding any terms to the contrary in these Terms of Use, any suggestions, comments, or other feedback provided by you to Us with respect to OREdmasters. or the services (collectively, “Feedback”) will constitute Our confidential information. Further, We will be free to use, disclose, reproduce, license and otherwise distribute and exploit the Feedback provided to Us as We see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. By making such Feedback, You acknowledge and agree that: (a) Your Feedback does not contain confidential or proprietary information; (b) We are not under any obligation of confidentiality, express or implied, with respect to the Feedback; (c) We will be entitled to use or disclose (or choose not to use or disclose) any Feedback for any purpose, in any way, in any media worldwide; (d) We may have something similar to the Feedback already under consideration or in development; (e) Your Feedback automatically become Our property without Our obligation to You; and (f) We may, but are not obligated to, review or monitor areas on the Site where users may transmit or post communications.
DISCLAIMER OF WARRANTIES
THE SITE, THE MATERIALS, THE VIDEOS, AND THE CONTENT AND OTHER INFORMATION AVAILABLE ON THE SITE (INCLUDING, BUT NOT LIMITED TO, IN THE OREDMASTERS BLOG) ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND – WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OR TRADE. WE EXPRESSLY DISCLAIM, WITHOUT LIMITATION, ANY WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
WE DO NOT REPRESENT OR WARRANT THAT THE MATERIALS, THE VIDEOS, OR THE CONTENT AND OTHER INFORMATION AVAILABLE ON THE SITE (INCLUDING, BUT NOT LIMITED TO, IN THE OREDMASTERS BLOG) IS ACCURATE, COMPLETE, RELIABLE, CURRENT, FREE OF DEFECT, STABLE OR ERROR-FREE OR THAT THE SITE, ITS WEB SERVERS OR ANY EMAIL SENT BY US OR FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WE ALSO MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS – WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USE – REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE, THE MATERIALS, THE VIDEOS OR THE CONTENT AND OTHER INFORMATION AVAILABLE ON THE SITE (INCLUDING, BUT NOT LIMITED TO, IN THE OREDMASTERS BLOG). LIMITATION OF LIABILITY REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL WE, OUR AFFILIATES, LICENSORS, OR OUR OR THEIR RESPECTIVE DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, INTERRUPTION OF BUSINESS, OR OTHER INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THESE TERMS OF USE, OR YOUR USE OR INABILITY TO USE THE SITE, THE MATERIALS, THE VIDEOS, THE CONTENT OR OTHER INFORMATION CONTAINED IN OR ACCESSED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS OF USE FOR ANY CLAIMS IS LIMITED TO THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY, FOR ACCESS TO OR USE OF THE SITE, THE MATERIALS, THE VIDEOS AND/OR THE CONTENT AT ISSUE. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
NON-DISPARAGEMENT
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
INDEMNIFICATION
You understand and agree that you will indemnify, defend, and hold us and our affiliates harmless from and against any actual or threatened suit, demand or claims, any damages, costs, liabilities, loss, claims and expenses, (including, but not limited to, damage awards, settlement amounts, and reasonable attorneys’ fees) brought against any Indemnified Parties, arising out of or relating to your use of our website or your violation of these terms and conditions.
HOURS OF OPERATION
OREdmasters is open Monday – Friday 9 a.m. – 5 p.m. eastern time. We are closed Saturdays, Sundays, and legal U.S. holidays.
HOW TO CONTACT US
Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail to admin@oredmasters.com, providing us with information relating to your concern. You may also mail your concerns to us at the following address:
Active Medical, LLC
15029 N. Thompson Peak Parkway
Suite B111-576
Scottsdale, Arizona, 85260
MISCELLANEOUS
Your use of the Site is subject to all applicable local, state, national and international laws and regulations. These Terms of Use and Your use of the Site will be governed by and construed in accordance with the laws of the State of Arizona applicable to agreements made and to be entirely performed within the State of Arizona, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use will be filed only in the state and federal courts located in Maricopa County, Arizona. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use. The application of the Uniform Computer Information Transactions Act is expressly excluded. You will not assign any of Your rights and obligations under these Terms of Use without Our prior written consent. Nothing in these Terms of Use will restrict or limit any assignment by Us of Our rights or obligations herein to third parties, including, but not limited to, Our Affiliates. If any provision of these Terms of Use is found to be void or unenforceable, then the remainder will have full force and effect, and the invalid provision will be partially enforced to the maximum extent permitted by law to effectuate the purpose of these Terms of Use.