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Terms and Conditions Agreement with VAI Global, LLC The “Website” refers to all of the Website at www.vaiglobal.com and any of its subdomains. “VAI”, “we”, or “us” refers to VAI Global, LLC, the owner and operator of the Website. I. You Are Entering Into An Agreement: II. Restrictions On Use; Conduct Requirements; Grant Of Rights: III. Links: V. Parental Permission; Minimum Age 18 Requirement: VII. Digital Millennium Copyright Act; Procedure For Making Claims Of Copyright Infringement: VIII. User Public Forum Submission/Participation Policy And Terms: IX. Your Fees; Product/Service/Subscription Purchases; Special Offers And Promotions: X. Limited Rights When You Purchase From VAI: XI. Termination Of Subscription/Service; Satisfaction Policy: XII. Disclaimers Of Liability; No Representations Or Warranties: XIII. Indemnification: XIV. Misc.; Binding Arbitration; Disputes: ************************************************************************ I. You Are Entering Into An Agreement: If you choose not to accept these Terms and Conditions, do not use the Website or purchase anything through the Website. Once you use the Website or purchase products or services through the Website, you cannot opt out of this Agreement. This Agreement incorporates the Privacy Policy and California Privacy Policy. Any attempt to alter, supplement, modify, or amend this Agreement by you will be considered an attempted material alteration of this Agreement and such attempted material alteration is therefore null and void. II. Restrictions On Use; Conduct Requirements; Grant Of Rights: The contents of the Website are protected by copyright and trademark laws and are the property of their owners. Unless we say otherwise, you may access the materials located within the Website only for your own use. This means you may download one copy of posted materials on a single computer for archival purposes only, for your own use only, so long as you neither change nor delete any author attribution, trademark, legend, or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material. You agree to comply with; i) the reasonable rules and regulations as may be promulgated by VAI from time to time and communicated to you either by email, on the Website, or in these Terms and Conditions with regard to the use of the Website, ii) the terms of these Terms and Conditions, iii) the requirement that you use the Website functionality in good-faith (which includes that your communication through the Website or with other users of the Website be made in good faith), iv) all applicable law, v) the requirement that you shall not violate the rights of any third party, and vi) the requirement that any information you submit shall be accurate and shall not in any way be deceptive or misleading. You represent and warrant that you are aware of and will comply with all applicable law at all times, including but not limited to the CAN-SPAM Act of 2003 (15 U.S.C. §7701, et seq.), the regulations of the FTC, the Consumer Legal Remedies Act (Cal. Civil Code §1750, et seq.), and Cal. Business and Professions Code §17529.5. To the extent you are the original copyright holder of any post or submission by you to the Website and such post or submission does not contain any of the information or material of VAI or other information you are required to preserve as confidential by VAI, then; i) you remain owner of such post or submission to the extent you were the owner; ii) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content or intellectual property has expressly granted VAI a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication, or content in any media or medium, or any form, format, or forum now known or hereafter developed; and iii) you agree, represent and warrant that VAI may sublicense or assign its rights through multiple tiers of sublicenses or assigns. Please also see “VIII. User Public Forum Submission/Participation Policy And Terms:” for other rights you are granting to us. VAI has the right, but not the obligation, to remove any information provided by you that it has a good faith belief is incorrect or misleading, which may subject VAI or its users to any liability, or for any other reason in its sole discretion. You agree not to do any of the following while using the Website: 1. harass, stalk, or otherwise abuse another user; 2. transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Website), vulgar, obscene, pornographic, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion); 3. transmit or otherwise make available any content that is unlawful or infringes, violates, or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright, or any other intellectual property or any other rights of any third party; 4. upload or transmit viruses, Trojan horses, or other harmful, disruptive, or destructive files or post material that interferes with any third party's uninterrupted use and enjoyment of the Website; 5. impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Website or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Website for any reason; 6.lt;/span> transmit or otherwise make available through the Website any personal advertising, junk mail, spam, chain letters, pyramid schemes, or offer for sale of any products or services, except in areas specifically designated for such purposes; 7. engage in “harvesting” or “phishing” for email addresses from any public or other sources such as, but not limited to, chat rooms and message boards, including community websites that prohibit such activity; 8. falsely or misleadingly imply you are, represent, or are a part of any entity; or 9. violate any applicable local, state, federal, or international law, rule, or regulation. These Terms and Conditions apply only to the Website, and not to the websites of any other companies or organizations, including those to which the Website may link. We are not responsible for the availability of any other website to which the Website links. We do not endorse or take responsibility for the contents, advertising, products, or other materials made available through any other Website. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods, or services available on any other Website. You should direct any concerns to that Website administrator or webmaster. Other sites may link to the Website only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Website. To seek our permission, you may send E - mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Please place "Link Request" in the Subject Header. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link the Website, at our discretion at any time. IV. VAI Is Not A Party To Your Transactions; Third Party Content And Services; Partial List Of Transaction Risks; No Personal Advice: The Website is an information exchange website. Subject to these Terms and Conditions, users may access the Website to communicate with others and to post information they wish others to search, review, find, or otherwise use. VAI does not provide this information, nor does it review such information for accuracy. VAI makes no representations or warranties regarding such information provided by third parties, such as Website users. While users of the Website may use the Website to facilitate transactions, the Website and VAI are not parties to such transactions. The Website may contain links to websites maintained by third parties ("Third Party Websites"), including service providers and sellers of products. Such links to Third Party Websites are provided for your convenience and reference only. VAI does not operate or control, in any respect, any information, content, software, products, or services available on such Third Party Websites and is not responsible for any content on such Third Party Websites, including the website of any service provider or any other third party. VAI's inclusion of links to such Third Party Websites does not imply any endorsement, warranty, guarantee, or recommendation of such Third Party Websites, or of the content, products or services, or of the sponsoring organization thereof. VAI is a data aggregator of content supplied by third parties and users and assumes no obligation to exercise editorial control over the opinions, advice, statements, services, offers, or other content provided by third parties, including by users. Nevertheless, VAI reserves the right to screen, review, edit, or remove any content if it does not comply with laws, rules, or regulations, or for any other reason VAI deems relevant in its sole discretion. Descriptions and other information appearing on the Website or on Third Party Websites have not been verified by VAI and such descriptions, data, and information are not intended to be and are not binding on VAI. You acknowledge and agree that your use of any product or service provided to you by a third party shall be subject to the terms of a separate agreement between you and the applicable third party. VAI has no liability to you in relation to any product or service provided by a third party or for any acts or omissions of any third party. For its services and referrals, VAI may receive payment from third parties. This constitutes your acknowledgment of and agreement to such compensation arrangements. Since we are not a party to your transactions with other users of the Website, we have no fiduciary, agency, or other due diligence or disclosure obligation to or for you. For avoidance of doubt, we do not sell stock, bonds, options, or other types of securities. We are not stock-brokers nor do we provide or intend to provide such services. Advertisements and third party content (such as that of other users) on our Website are not the actions, representations, statements, or activities of VAI. We do not review the qualifications of any user. For example, we do not determine if anyone is an “accredited investor”, licensed in any manner, or accurate in any representation they make. We do not review any advertising or other statement on our Website for legality. For example, we do not review whether any proposed investment or other opportunity has been approved by any necessary third party. The information contained in or made available through the Website (including but not limited to information contained on Forums, in files, in products, or from services) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, technical, tax, financial, medical, or legal matters. You should consult experts (such as financial experts, doctors, scientists, engineers, accountants, and lawyers) for advice as appropriate. We and our licensors or suppliers make no representations or warranties, (for example, we make no representations or warranties regarding determining the appropriateness of, likelihood of, or applicability of any technology, tax policy, or financial result) in regards to following the advice or information offered or provided within or through the Website (including but not limited to any product or service purchased, utilized, or otherwise obtained from the Website). Neither we nor our associates, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary, or other damages that may result, including but not limited to economic loss, injury, illness, or death. VII. Digital Millennium Copyright Act; Procedure For Making Claims Of Copyright Infringement: It is the policy of VAI to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyrighted work has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in a “DMCA Notice”: 1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; 2. a description of the copyrighted work that you claim has been infringed and a description of the infringing activity; 3. identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published; 4. identification of the URL or other specific location on the Website where the material that you claim is infringing is located (you must include enough information to allow us to locate the material); 5. your name, address, telephone number, and email address; 6. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 7. a sworn statement by you, made under penalty of perjury, that the above information in your DMCA Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf. Our agent for DMCA notice of claims of copyright infringement on the Website can be reached as follows: By email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it Please place "VAI Legal Support, DMCA" in the Subject Header. Please note that you may be liable for damages (including attorneys' fees and other costs) if you materially misrepresent a claim that content is infringing upon your copyright. Therefore, if you are not sure if material available online infringes your copyright (it may be protected under exceptions to the copyright law, like fair use), we suggest that you contact legal counsel before submitting any claim. Please note that a copy of each legal notice and claim (without your personal information) could be sent to a third-party partner for publication and annotation. You can see examples of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi. This contact information is only for reporting copyright infringement. As a service to our users, the Website may feature message boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups (including, without limitation, Usenet and other third party news groups), communities and/or other message or communication facilities and other public/semi-public/private forums (collectively, "Forums") where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. We may also offer online discussions moderated by various experts or other persons. Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, may be provided by and therefore is the responsibility of the third party creator of the Forum or the person posting in that Forum. VAI has no responsibility for such content and is merely providing access to such content as a service to you. BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE, OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING DISCUSSION FORUMS. b) Your Participation/Contribution Requires Consideration: c) Confidential Obligations: d) Grant of Rights: To the extent you are the copyright holder of any post or submission by you to a Forum, or the Website in general, and such post or submission does not contain any of the information or material of VAI or other information you are required to preserve as confidential by VAI, then; i) you remain the owner of such post or submission to the extent you were the owner; ii) you automatically grant on behalf of yourself or otherwise represent and warrant that the owner of such content or intellectual property has expressly granted VAI, a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication, or content in any media or medium, or any form, format, or forum now known or hereafter developed; and iii) you agree, represent, and warrant that VAI may sublicense or assign its rights through multiple tiers of sublicenses or assigns. e) No Obligation to Monitor: VAI does not necessarily control the information delivered to the Forums and has no obligation to monitor the Forums. However, VAI reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or legal governmental request or to edit, refuse to post, or to remove any information or materials, in whole or in part, for any reason whatsoever, in VAI's sole discretion. f) No Obligation to Remove; Right to Act: If VAI discovers communications which allegedly do not conform to any requirements/restrictions of the Website or of VAI, VAI may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. VAI will have no liability or responsibility for performance or non-performance of such activities. VAI reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever. You acknowledge that some Forums available through the Website are available only through the Website and others are available both through the Website and other sources, such as Usenet, over which VAI has absolutely no control. g) No Endorsement: VAI does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk. IX. Your Fees; Product/Service/Subscription Purchases; Special Offers and Promotions: The Website provides various opportunities to purchase products, services, and subscriptions. In purchasing such, the applicable fees and related terms are disclosed to you and you are required to accept such. These Terms and Conditions are in addition to the terms and fees you agree to when making a purchase. By make any purchase from the Website, you are agreeing to pay the fees disclosed to you related to such purchase. You are agreeing to have such amounts charged to the credit card or PayPal account you provided. If you purchased something with a reoccurring charge, you are agreeing to have such amounts charged to the credit card or PayPal account you provided, until you terminate your subscription or other purchase as set forth herein or as specified in the terms when you made your purchase. You are required to pay all charges on time, and hereby agree to submit an accompanying payment authorization in connection with these charges when requested by VAI. Credit card transactions require an acceptable and currently working/continuously valid credit card number/account. VAI may terminate or disable your purchases or subscriptions if you fail to pay fully and in a timely manner all amounts due to VAI. If your credit card expires or is otherwise declined for payment, or payment via your PayPal account is not made, your access to the Website may be modified, suspended or cancelled, in VAI's sole discretion and without notice to you. You agree that in no event shall you seek a chargeback unless VAI has authorized such. If any payment due from you is more than thirty (30) calendar days past due, interest pro-rated daily, at the lower of 18% percent per annum, or the maximum allowable by law, on such past due amounts shall accrue, and the entire amount of unpaid charges, plus this assessment, will become immediately due and payable. You shall pay all costs incurred by VAI with respect to collection of any past due amount, including legal fees. Each time you access or use the Website, you are affirming that VAI is authorized to obtain payment through the applicable payment method. All fees are quoted and payable in United States Dollars. You are also responsible for paying all applicable taxes for services or products you receive from VAI, and any other costs incurred in connection with the use of or access to the Website. You may contact the VAI Customer Support Department by e-mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Notwithstanding the foregoing, in no event may you dispute any charge or account billing hereunder later than ninety (90) days after such questionable account billing or other discrepancy should have been or could have been reasonably discovered by you. Otherwise, except as required by applicable law, any and all such complaints of yours are waived by you. VAI may, from time to time, offer promotions or special offers. VAI reserves the right to modify or terminate such promotions or special offers in its discretion. X. Limited Rights When You Purchase from VAI: The Website is and shall remain the sole and exclusive property of VAI. You shall have only the limited rights with respect to the Website as expressly granted in these Terms and Conditions or as the Website specifically provides in the terms of a purchase from the Website. All rights not expressly granted herein are reserved by VAI. You acknowledge and agree that only VAI shall have the right to alter, maintain, enhance, or otherwise modify the Website, or its products or services. You agree that you will not disassemble, decompile, manipulate, or reverse engineer the Website or aid others to do so. Under no circumstances shall you sell, license, publish, display, copy, distribute, or otherwise make available the Website (or any products or services provided herein) in any form or by any means, including without limitation the transfer to a third party, except as expressly permitted in this Agreement. You will take all reasonable steps to protect the security of the Website and to prevent unauthorized use or disclosure thereof. You are responsible for all access to and use of the Website by means of your equipment or under your user ID and password, whether or not you have knowledge of or authorized such access or use. You shall be responsible for maintaining the confidentiality of all assigned user IDs and passwords, and you shall be responsible for all charges relating to the use of such user IDs and passwords, whether or not authorized by you. VAI reserves the right to modify or to discontinue the Website and any products or services provided by VAI hereunder, with or without notice to you. VAI shall not liable to you in the event that VAI exercises its rights under this Section. XI. Termination Of Subscriptions/Services; Satisfaction Policy: a) Termination of Subscriptions/Services: VAI reserves the right to terminate the subscriptions and services you receive from the Website for any reason, effective upon written notice to you. You may terminate your subscription in your discretion, which upon expiration of the last month for which you have paid the applicable subscription fee, your ability to use subscription and the related benefits will end. Note that a “month” begins on the date within a month that you paid for and ends on the same day in the subsequent month (i.e. January 13th to February 13th). If you subscribed using your credit card, to cancel, send an email to support@vaiglobal with the subject line: “CANCEL” prior to the desired termination date and include your username in the content of the email. If you subscribed using your Paypal account, you can cancel directly from Paypal. XII. Disclaimers Of Liability; No Representations Or Warranties: VAI attempts to ensure that information that VAI provides and its content (which is separate and distinct from the content of third parties, including but not limited to advertisers, users and other third parties) is accurate and reliable, however, errors sometimes occur. VAI does not make any representation, warranty, or guarantee regarding the accuracy of the material posted or transmitted via the Website or the products and services provided by VAI and advises you independently to verify the accuracy of the information provided. VAI does not buy or sell or represent any buyer or seller on the Website, receives no compensation whatsoever in the form of commissions from third parties offering items for sale via Website, and disclaims any and all responsibility and liability for all sales or attempted sales on and through the Website. VAI makes no guarantee, whether express or implied, that you will find opportunities, products, or services that meet your specifications. In addition, VAI may make changes and improvements to the Website at any time. VAI makes no representation or warranty as to the quality or qualification of any third party referred to you, and is not responsible or liable for any acts or omissions created or performed by such third parties. THE WEBSITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OF VAI ARE PROVIDED "AS IS" AND "AS AVAILABLE". VAI DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OF VAI, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WE MAKE NO GUARANTEE THAT THE CONTENT OF THE WEBSITE IS UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON OR ASSUME ITS ACCURACY FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE WEBSITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES OF VAI WILL BE FREE OF INTERRUPTION, OR THAT THE WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. VAI MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ANY LIABILITY WITH RESPECT TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY OTHER USERS OF THE WEBSITE. BY YOUR USE OF THE WEBSITE, ITS CONTENT, OR THE PRODUCTS OR SERVICES OF VAI, YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF SUCH IS AT YOUR OWN RISK. NEITHER VAI NOR ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, OR OTHER AFFILIATES ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE, ITS CONTENT, OR THE USE OF THE PRODUCTS OR SERVICES OF VAI OR ANY THIRD PARTY, OR WITH DELAY OR INABILITY TO USE THE WEBSITE, WHETHER ARISING FROM CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY AND REGARDLESS OF WHETHER OR NOT THE MEMBER KNOWS, SUSPECTS, OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. You waive benefit of i) California Civil Code § 1542, which provides, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if not known to him or her must have materially affected his or her settlement with the debtor" and ii) each other similar provision of applicable federal or state law, if any, pertaining to general releases. TO THE EXTENT THAT ANY LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS UNENFORCEABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL VAI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS, BE LIABLE FOR: (A) THE GREATER OF LOSSES OR DAMAGES IN EXCESS OF THE AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY YOU WITHIN THE TWELVE MONTHS PRIOR TO THE CLAIM OR THE MINIMUM AMOUNT REQUIRED UNDER APPLICABLE LAW; OR (B) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES. YOU AGREE THAT YOU WILL INDEMNIFY, DEFEND, AND HOLD VAI AND VAI’S PARENTS, AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS, AND CUSTOMERS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES (COLLECTIVELY, “LOSSES”), INCURRED BY VAI AND THE INDEMNIFIED PARTIES AS A RESULT OF OR ARISING FROM (A) ANY ACTUAL OR ALLEGED INFRINGEMENT OR VIOLATION OF ANY THIRD PARTY INTELLECTUAL PROPERTY, INTELLECTUAL PROPERTY RIGHTS, OR OTHER RIGHTS BY YOU; (B) THE FAILURE OR ALLEGED FAILURE OF ANY PRODUCTS (INCLUDING BUT NOT LIMITED TO PROPERTY) OR SERVICES PROVIDED OR OFFERED BY YOU (INCLUDING BUT NOT LIMITED TO FAILURE TO COMPLY WITH SPECIFICATIONS OR WITH ANY EXPRESS OR IMPLIED WARRANTIES); (C) THE VIOLATION OR ALLEGED VIOLATION OF ANY LAW, STATUTE, OR GOVERNMENTAL ORDINANCE DUE OR RELATED TO YOU; (D) ANY ACTUAL OR ALLEGED UNFAIR BUSINESS PRACTICES, FALSE ADVERTISING, MISREPRESENTATION, OR FRAUD RESULTING FROM YOU; (E) ANY ACTUAL OR ALLEGED PERSONAL INJURY OR ACTUAL OR ALLEGED PROPERTY DAMAGE ARISING FROM OR IN RELATION TO YOU; (G) ANY ACTUAL OR ALLEGED BREACH BY YOU OF ANY AGREEMENT OR OBLIGATION YOU HAVE WITH ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY OTHER USER OF THE WEBSITE, AND (H) ANY BREACH OR ALLEGED BREACH OF YOUR REPRESENTATIONS OR WARRANTIES OR ANY PROVISION OF THESE TERMS AND CONDITIONS BY YOU. THIS SECTION WILL NOT BE CONSTRUED TO LIMIT OR EXCLUDE ANY OTHER CLAIMS OR REMEDIES THAT VAI OR ITS RESPECTIVE AFFILIATES, SUCCESSORS, AND ASSIGNS (AND ITS AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AND AGENTS) MAY ASSERT. You agree that any claim or controversy arising out of or relating to the use of the Website, its content, or the products or services of VAI, or to any acts or omissions for which you may contend VAI or its employees, agents, affiliates, officers, or directors are liable, including but not limited to any claim or controversy ("Dispute"), shall be finally and exclusively settled by arbitration in Los Angeles, California. Such arbitration shall be held before one arbitrator using expedited procedures under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrator may be entered only in a state or federal court located in Los Angeles, California, and you agree to submit to the jurisdiction of such court for that purpose. You and VAI agree that the arbitrator shall have limited authority to award damages such that the arbitrator shall not have the power to award damages in excess of those permitted under these Terms and Conditions and in no event more than actual compensatory damages. This Agreement to arbitrate shall not be construed as an agreement or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND VAI WILL BE RESOLVED BY BINDING ARBITRATION IN LOS ANGELES, CALIFORNIA; THUS, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS AND TO SERVE AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY IN CONNECTION WITH A DISPUTE. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU AND VAI RETAIN THE RIGHT TO PURSUE INJUNCTIVE RELIEF IN COURT AND AGREE TO SUBMIT EXCLUSIVELY TO THE JURISDICTION OF THE STATE OR FEDERAL COURTS LOCATED IN LOS ANGELS, CALIFORNIA, FOR THAT PURPOSE. You also acknowledge and understand that, with respect to any Dispute, in the event VAI incurs attorney fees or expenses in connection with the collection of sums owed to us by you under this Agreement, we shall be entitled to recovery of those fees and expenses from you. d) Entire Agreement: |
