Last Updated: 11.17.05

These Terms and Conditions ("Terms" or "Agreement") manage your ("user" or "you") use, access and/or membership in this website, www.clubkatoy.com ("SITE" or "we/our/us").

By accessing, using, viewing, reading, printing, installing or downloading any and all material from this SITE, or becoming a member of this SITE, you agree to be bound by these Terms. This Agreement is governed by the Electronic Signatures in Global and National Commerce Act ("E-Sign Act"). You manifest your agreement to these Terms by clicking the button containing the words "I agree" or by accessing this SITE, whether you have read these Terms or not.

Revisions to the Terms and Conditions: This SITE reserves the right to revise, amend, add to or modify these Terms at any time and in any manner. You are responsible for periodically checking this webpage for any modifications regarding these Terms. You should note the date of the last revision to these Terms, which appears as the date the Terms were "Last Modified." A changed "Last Modified" date indicates that this document has been updated or edited and the updated or edited version supercedes any prior versions immediately upon the posting of the updated or edited version.

If you do not agree to be bound by these Terms, you may NOT enter this SITE, you must exit this SITE immediately. You may only use and access this SITE in accordance with these Terms. You affirm that you have read and understand the Terms, and consent to the Terms. Your sole and exclusive remedy if you do not agree to be bound by these TERMS is to not use this SITE.

You are solely responsible for obtaining access to this SITE and that access may involve third party fees (some examples, an Internet service provider or airtime charges). In addition, you are responsible for all the equipment necessary to access this SITE.

1. IMAGES AND CONTENTS

A. This SITE contains images and contents, including but not limited to text, software, pictures, graphics, data, messages, or any and all other information controlled by SITE (collectively, "Materials").

B. The Materials featured on this SITE are protected by the First Amendment rights to Free Speech, Free Expression, Freedom of the Press, and parallel provisions of other constitutional provisions and state constitutions. You recognize that this SITE may offer online content that could be deemed "adult" or "erotic" in nature. You are on notice that some of the Materials presented on this SITE may contain graphic visual depictions, graphic audio, and descriptions of sexually oriented, or explicit activities. You acknowledge that you are aware of the nature of the Materials on this SITE, you are not offended by such Materials, and that you access this SITE freely, voluntarily, willingly and on your own accord.

C. You are aware of the community standards of your community, and you will not access this SITE if you believe, upon diligent inquiry, that the contents of this SITE offend the community standards prevalent in your community ("Territory").

D. You agree not to use or access this SITE if doing so would violate the laws of your state, providence or country.

2. AGE OF MAJORITY AND MEMBERSHIP

A. Age of Majority. You represent and warrant that you are at least eighteen (18) or twenty-one (21) years old of age, depending on the age of majority in your jurisdiction, and that you have the legal capacity to enter into this Agreement. If you are not at least eighteen (18) or twenty-one (21) years of age, depending on the age of majority in your jurisdiction, you must exit this SITE immediately. You represent and warrant that you are of the age of majority in the Territory in which you are accessing this SITE. This SITE does not assume responsibility or liability for any misrepresentation regarding a user's age.

B. Membership. Membership with the site, which is discussed in greater detail below, and payment of may not be assigned, transferred, lent out, shared or sold to a third party. This SITE and its affiliates disclaim any and all liability arising from fraudulent entry and use of this SITE. In addition to all other causes of action and remedies available to this SITE, this SITE may immediately terminate your access to this SITE if we discover that your use of this SITE is in violation of this provision.

3. NO CHILD PORNOGRAPHY

Our SITE contains no child pornography. All of the models which appear on this SITE are, and were at the time of all recorded images, at least 18 years of age. If you identify any images, real or simulated, depicting minors engaging in sexual activity within this website, you are obligated to report the image to this SITE. All reports will be immediately investigated and appropriate actions will be taken. If you suspect any website that you view may be engaging in unlawful activities involving minors, we encourage you to report those websites to www.asacp.org. We recommend that users of this SITE use parental control protections, such as computer hardware, software or filtering devices which may help users limit minors' access to harmful Materials.

4. ACCESS TO AND INTERFERENCE WITH SITE

A. Access. It is a condition of your use of this SITE that you provide all information that is required for registration with this SITE. The information that you supply for the registration must be true, accurate, current and complete. If this SITE discovers that any of the information that you provide is not true, accurate, current and complete, without limitation, we reserve the right to immediately terminate or suspend your access to this SITE and any of its resources.

B. Limited License. Subject to these Terms and your payment of the membership fees, this SITE grants you a limited, nonexclusive, nontransferable personal license to access and use this SITE. The material provided on this SITE is for personal, non-commercial use only. Users of this SITE are granted a single limited license for use on a single computer. This SITE reserves the right to limit the amount of the Materials made available for viewing. You agree to actively prevent any and all unauthorized copying of this SITE and any and all of the Materials contained herein. You represent and warrant that you will not allow or authorize any minor to access this SITE and that you will not copy and/or redistribute any of the contents that appear on this SITE. We reserve the right to terminate this license at any time if you breach or violate any of the provisions in this Agreement. If your license is terminated, you have the obligation and duty to immediately destroy any and all information or Materials that you have downloaded printed or otherwise copied from this SITE. Anyone that violates the terms of the limited license can be prosecuted to the fullest extent under applicable law.

C. Interference. You may not translate, reverse-engineer, decompile, disassemble or make derivative works from this SITE's Materials. You hereby represents and warrants that you have not used any device, software, computer code or anything else, in an attempt to interfere with or damage this SITE.

5. RESTRICTIONS ON USE OF SITE
You are given permission to use this SITE only for purposes expressly permitted by the Terms and Conditions contained herein. You have no right or authority to use this SITE for any other purposes, including but not limited to any and all commercial purpose, without this SITE's express prior written consent. You also may not, without the express prior written authorization of this SITE: (a) duplicate this SITE or any of the Materials contained herein except as specifically authorized in these Terms; (b) create derivative works based on this SITE or any of the Materials contained herein; (c) use this SITE or any of the Materials contained herein for any public display, public performance, sale or rental; (d) re-distribute this SITE or any of the Materials contained herein; (e) remove, alter or amend any copyright or other proprietary notices from this SITE or any of the Materials contained herein; (f) frame or utilize any framing techniques in connection with this SITE or any of the Materials contained herein; (g) circumvent any encryption or other security tools used anywhere on this SITE (including but not limited to the theft of user names and passwords or using another person's user name and password in order to gain access to any area of this SITE); (h) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access and use the Materials as granted in this Agreement. You agree to fully cooperate with this SITE in stop any and all unauthorized use of this SITE. You are solely responsible for submitting any and all materials which violate United States or International laws, even if a claim arises after your service is terminated. If you submit any materials which violate United States or International law, your actions shall constitute a material breach of this Agreement and this SITE shall terminate all your rights under this Agreement, and may otherwise move to recover its damages.
6. MEMBERSHIP
A. Registration. You are responsible for providing all the equipment necessary to access this SITE. You have access to the non-public portion of this SITE only if you are a member in good standing. This SITE reserves the right to modify Materials and this SITE's design at anytime, with or without prior notice to you. You may become a member of this SITE by completing the online registration form, which then must be accepted by SITE, and you must pay the subscription fee. In connection with completing the online registration form, you agree to provide true, accurate, current and complete information about yourself (such information known as the "Registration Data"). If you do not provide information that is true, accurate, current and complete, this SITE has the right to suspend or terminate your account and refuse any and all current or future use of this SITE, as well as subjecting you to criminal and civil liability. Subscription fees are non-refundable, and you are responsible for any credit card charge backs and any related fees that we incur with respect to your account.
B. Member Account, Password, and Security. As part of the registration process, you will be given a unique user name and password which you must provide so that you may gain access to the non-public portion of this SITE. In choosing a username and password, you certify that you will not choose a name which may mislead others to believe that you are someone else or a name which may otherwise be in violation of the rights of a third party. We reserve the right to prohibit or terminate the membership because of the use by you of usernames that we, in our sole discretion, deem inappropriate. Your membership, the ID and password are nontransferable and non-assignable. You represent and warrant that you will not disclose to anyone else your unique user name and password and that you will not allow access to this SITE to anyone who is below the age of majority in your state, province or country. You are solely responsible for maintaining the secrecy of your user name and password and are fully liable for all activities that occur under your user name and password. You agree to (a) at once notify this SITE of any unauthorized use of your user name and password or any other violation of security, and (b) make sure that you exit from your account at the end of each and every session. Any and all unauthorized access to this SITE is illegal and a breach of this Agreement. You indemnify this SITE against all activities conducted through your account.
C. Membership Fees. Membership fees to this SITE are prominently displayed prior to your subscription thereto. Currently the membership fees are twenty-four dollars and ninety-nine cents ($24.99) for thirty (30) days of unlimited access to the Materials available on this SITE. You agree to pay all membership fees when due according to these billing terms. Membership and subscription fees are nonrefundable, if you cannot access this SITE due to a reason that is solely our fault, we will extend your service for a period of time equal the amount of time that you were unable to access this SITE. At the time of registration, you must select a payment method. This SITE reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your account will be deemed past due if it is not paid in full by the payment due date. If your account becomes past due more than thirty (30) days after the invoice date, you agree to pay interest on the past due amount at a monthly rate of 1.5% (one and a half percent), or the highest amount allowed by law, whichever is less, compounded daily, plus any additional collection costs, credits, charge backs and actual attorney's fees and costs. The attorney's fees and costs will be reimbursable for any legal services provided in connections with any amounts due and owing, whether or not those efforts are in connection with litigation, alternative dispute resolution or informal attempts to collect debts. You agree to pay all amounts due to us promptly upon cancellation or termination of your account. We reserve the right to make changes to our fees and billing methods, including the addition of supplemental charges for any content or services provided by this SITE, with or without prior notice to you, at any time. This agreement will automatically renew and you will be responsible for your monthly payment unless we receive written notice at least thirty (30) days before the date when you wish to end use of this SITE. THIS SITE USES AN AUTOMATIC REBILL CYCLE ACCORDING TO THE USER'S SELECTED PAYMENT OPTION.
D. Billing Errors. If you believe that you have been mistakenly billed, you have the duty and obligation to notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed satisfactory by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of when you are billed.
7. Termination
A. You may cancel your membership after giving thirty (30) days of notice, by following the links to Customer Support and providing a notice of your intent to cancel the membership along with your username, the e-mail address on record or your full credit card number.
B. You hereby agree to be individually accountable for any and all charges incurred by you until termination of membership for goods or services through your use of this SITE. If your account is canceled by you, no refund will be given. The Terms shall survive termination of this Agreement, unless otherwise stated. Upon our processing of your request to cancel your membership, you will have access to this SITE until the end of the purchased pay period.
C. Without limiting other remedies, this SITE may at once issue a warning, temporarily suspend, for an indefinite period suspend, or terminate your access and use of this SITE and decline to provide our services to you at any time, with or without advance notice, if:
i. This SITE believes that you have breached any term of these Terms and Conditions or the documents it incorporates by reference;
ii. You fail to pay any amount due by the payment due date;
iii. We are unable to verify or authenticate any information you provide to us;
iv. We believe that your actions may cause legal liability for you, our users or us; or
v. This SITE decides to cease operations or to discontinue any portions of this SITE.
D. In addition, you agree that neither this SITE nor any third party acting on our behalf shall be legally responsible to you for any termination of your membership or access to this SITE. You agree that if your account is terminated by this SITE, you will not try to re-register as a member without prior written consent from this SITE.
8. Disclaimer of Warranty
You explicitly agree that use of this SITE or any of the Materials contained herein is at your own and sole risk. This SITE and all Materials contained herein are provided "as is" without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. This SITE makes no representations or warranties that this SITE or any Materials contained herein will be uninterrupted, timely, secure or error free; nor does this SITE make any representations or warranties as to the quality, fitness, truth, accuracy or wholeness of this SITE or any of the Materials contained herein. You also understand and agree that any material and/or data downloaded or otherwise obtained through the use of this SITE or any of the Materials contained herein is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. You understand that this SITE cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. This SITE makes no warranty regarding any goods or services purchased or obtained through this SITE or any transaction entered into through this SITE and is not responsible for any use of confidential or private information that you may provide. This SITE's owner may change any of the information found at this SITE at any time without notice including the terms of service. This SITE's owner makes no commitment to update the information found on this SITE. This SITE makes no commitment to update the Materials. The warranties and representations set forth in this agreement are the only warranties and representations with respect to this agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the elimination of certain warranties, so some of the above exclusions may not apply to you.
9. Disclaimer
The provision of any services which is in violation of any laws is strictly forbidden. If we decide, in our sole discretion, that you or any user has provided or intends to purchase or provide any services in violation of any law, your ability to use this SITE will be terminated immediately. We do hereby disclaim any and all liability for damages that may arise from any user providing any services for any purpose that violates any law. You do hereby agree to defend, indemnify and hold us harmless from any liability that may arise should you violate any law. You do also hereby agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any claims including, without limitation, any criminal action brought by any party not affiliated with this SITE. If you are seeking services that are in violation of any applicable laws whatsoever, you may not use this SITE and must exit it immediately.
10. Limitation of Liability
In no event shall this SITE (or its licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to you, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue, or goodwill, which may arise from any person's use, misuse, or inability to use this SITE or any of the Materials contained herein, even if SITE has been advised of the likelihood of such damages. This is for any matter arising out of or relating to this agreement, whether such liability is asserted on the basis of contract, tort or otherwise. In no event shall this SITE's maximum total aggregate liability hereunder for direct damages exceed the total fees actually paid by you for use of this SITE for a period of no more than one (1) month from the accrual of the applicable cause or causes of action. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you, but in such event, those damages will be limited to the greatest extent allowed in that jurisdiction.
11. Indemnity
You agree to defend, indemnify and hold harmless this SITE, its officers, directors, shareholders, employees, independent contractors, telecommunication providers and agents, from and against any and all claims, actions, loss, liabilities, expenses or costs, including without limitation legal and accounting fees, for all damages directly, indirectly and/or consequentially resulting or allegedly resulting from your, or you under another person's authority including without limitation to governmental agencies, use, misuse or inability to use this SITE or any of the Materials contained herein, or your breach of any of these Terms, or the violation of any law or regulation in the respective jurisdiction, applicable that member's use. This SITE shall promptly notify you by electronic mail or regular mail of any such claim or suit and cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim at our own expense, and choose our own legal counsel, but we are not obligated to do so.
12. Links and Linking
Some websites which are linked to this SITE are owned and operated by third parties. Because this SITE has no control over such websites and resources, you acknowledge and agree that this SITE is not responsible or liable for the accessibility of such external websites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products or other Materials on or available from such websites or resources. You further acknowledge and agree that this SITE 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 use of or reliance on any such third-party content, goods or services available on or through any such website or resource. If you decide to access any such third party website, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein. User further recognizes that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by this SITE's Terms, or Privacy Policy, which are hereby incorporated by reference. This SITE expressly disclaims any liability for any damages whatsoever incurred by any user in connection with the use of any website, the access to which was found through this SITE. All Users do hereby agree to hold this SITE harmless from any and all damages and liability that may result from the use of links that may appear on this SITE. This SITE reserves the right to terminate any link or linking program at anytime.
13. Trademark Information
This SITE and the aforementioned names of this SITE are service marks and/or trademarks of this SITE. Other manufacturers' product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks. This SITE's marks, logos, domains, and trademarks may not be used publicly except with express written permission from this SITE, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits this SITE.
14. Copyright Information
The Materials accessible from this SITE, and any other World Wide Web Site owned, operated, licensed or controlled by this SITE, is the proprietary information and valuable intellectual property of this SITE or the party that provided the Materials to this SITE, and this SITE or the party that provided the Materials to this SITE retains all right, title, and interest in the Materials. Accordingly, the Materials may not be copied, distributed, republished, modified, uploaded, posted or transmitted in any way without the prior written consent of this SITE, except that you may print out a copy of the Materials solely for your personal use. In doing so, you may not remove or alter or cause to be removed or altered, any copyright, trademark, trade name, service mark or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Content except as expressly provided in these Terms and Conditions violates this SITE's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this SITE. All Materials included on this SITE, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable Materials, data compilations and software is the property of this SITE or its content suppliers and is protected by United States and international copyright laws. The collection of all Materials on this SITE is the exclusive property of this SITE or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations.
15. Export Control
You understand and recognize that the software elements of the Materials on this SITE may be subject to regulation by agencies of the United States Government, including but not limited to the United States Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. Diversion of such Materials in violation to United States' or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled supplies under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials are being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
16. No Agency Relationship
Nothing in this Agreement shall be deemed to constitute, construct, imply, give effect to, or otherwise create a partnership, employment, joint venture or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
17. Notice
A. Notice. Any notice necessary to be given under this Agreement may be provided by email to the email address provided by the User, by a general posting on this SITE, or personal delivery by commercial carrier such as Federal Express or Airborne. The email address that the member has utilized at any time to access this SITE shall be presumed to be the correct email address for providing notice, unless amended in writing, in the manners set forth herein, for providing notice. Notices by users to this SITE shall be given by electronic messages unless otherwise specified in the Agreement.
B. Change of Address. Both parties may change the address to which notice is to be sent by written notice to the other party.
C. When Notice is Effective. Upon delivery, notice shall be deemed effective. Notices delivered by overnight carrier (e.g., Federal Express or Airborne) shall be deemed delivered on the business day after the notice is mailed. Notices mailed through the United States Postal Service, postage prepaid, shall be deemed delivered five (5) days after the notice is mailed. Notices sent by any other method shall be deemed delivered upon receipt.
D. Refused, Unclaimed or Undeliverable Notice. Any notice that has been properly addressed but which is refused, unclaimed or undeliverable, due to an act or omission of the party that the notice is sent to, shall be deemed effective as of the first date that said notice was refused or deemed undeliverable.
18. Force Majeure
This SITE shall not be held liable for any delay or default in performing its obligations if such delay or default is caused by an event beyond its reasonable control, including without limitation, acts of nature, war or insurrection, civil commotion, destruction of production facilities or materials by earthquake, fire, storm or flood, labor disturbances, epidemic or other similar event(s).
19. General Provisions
A. Governing Law. These Terms and all matters arising from or otherwise relating to these Terms shall be governed by the laws of the State of Nevada, excluding its conflict of law provisions. The parties hereby submit to the personal jurisdiction of the state, federal courts and the arbitrators of the State of Nevada. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located in Clark County, Nevada.
B. Rights to Injunctive Relief. The parties acknowledge that it may be difficult to measure the damages that may result from any breach of this Agreement, and that even if damages were measurable, a temporary and/or permanent injunction or other equitable remedy would be an effective and appropriate remedy. The parties further acknowledge that the restrictions herein are reasonably necessary for each other's protection and each other's business and goodwill and, by virtue of the circumstances of each other's business, a violation by either party of any such covenant may cause irreparable damage to the other parties. Therefore, the parties hereby agree that any breach or threatened breach by them of any provision of this Agreement shall entitle a party, in addition to any legal remedies available to him, to apply to any court of competent jurisdiction or arbitrator as set forth below, for a temporary and/or permanent injunction or any other appropriate equitable relief, including specific performance (without any bond or security required) in order to enjoin such breach or threatened breach.

C. Dispute Resolution. A party to this Agreement may not institute a suit at law or equity regarding any dispute, whether directly or indirectly related or collateral to this Agreement, except to obtain injunctive relief, or other relief of a court of law or for any of the following reasons: (a) to preserve the status quo pending the resolution of alternative dispute resolution; (b) to direct the parties to proceed with arbitration and to otherwise enforce the alternative dispute resolution of this agreement; and/or (c) to enter the disposition of the arbitrator as a judgment. All such claims or disputes, whether between or among the parties, shall be submitted to arbitration administered by a mutually acceptable arbitrator affiliated with the American Arbitration Association and its rules and guidelines shall apply, or its International Centre for Dispute Resolution, if the dispute is international. Should the parties be unable to agree upon an arbitrator, the arbitrator shall be chosen by a determination of a court of competent jurisdiction. The arbitration proceedings shall be in English. The arbitrator shall have the authority to award any remedy or relief that a court of the State of Nevada could order or grant. Each party will perform all acts, including the execution and delivery of further documents, as the arbitrator deems necessary or desirable to confirm and carry out the terms of the award rendered. Judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction thereof. The award rendered by the arbitrator in any arbitration shall be final and binding on the parties. The arbitration award may be appealed to a court of competent jurisdiction solely on the basis that the award was arbitrary or capricious.

D. STATUTE OF LIMITATIONS, PUNITIVE DAMAGES AND NO-JURY TRIAL. THE STATUTE OF LIMITATIONS WITH REGARD TO ANY PROCEEDING DIRECTLY OR INDIRECTLY RELATED TO THE BREACH OF THIS AGREEMENT OR THE UNDERLYING FACTS RELATING TO ANY WRONGFUL ACT OR OMISSION BY ONE PARTY WITH REGARD TO THE OTHER, SHALL BE LIMITED TO ONE YEAR FROM THE DATE OF OCCURRENCE OF THE BREACH, ACT OR OMISSION. THEREAFTER THE STATUTE OF LIMITATIONS SHALL BE DEEMED EXPIRED AND THERE SHALL BE NO FURTHER RIGHT BY THAT PARTY TO BRING ANY SUCH CLAIM, INCLUDING WITHOUT LIMITATION, ANY CLAIM BY WAY OF MEDIATION, ARBITRATION, COURT PROCEEDING OR OTHER PROCEEDING. THE STATUTE OF LIMITATIONS BAR OF ONE YEAR SET FORTH IN THIS AGREEMENT SHALL NOT APPLY TO A CLAIM FOR INDEMNIFICATION OR CONTRIBUTION BY THIS SITE AGAINST THE INDIVIDUAL THAT ARISES FROM A CORRESPONDING CLAIM BY A THIRD PARTY FOR DAMAGES AGAINST THIS SITE.

THE ARBITRATOR WILL HAVE NO AUTHORITY TO AWARD PUNITIVE, EXEMPLARY OR OTHER DAMAGES NOT MEASURED BY THE PREVAILING PARTY'S ACTUAL DAMAGES, EXCEPT AS MAY BE REQUIRED BY STATUTE. IT IS HEREBY STIPULATED BY THE PARTIES HERETO THAT TRIAL BY JURY IS HEREBY SPECIFICALLY WAIVED AS TO ALL CLAIMS OR DEFENSES BETWEEN THE PARTIES.
E. Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms, or any part thereof, to be unenforceable, that provision will be enforced to the greatest extent allowable and the remainder of these Terms will continue in full force and effect.
F. Attorney's Fees. In the event that this Agreement is breached by the User, it shall pay the actual attorney's fees and costs relating to any legal services of this SITE's attorneys, whether or not resulting in institution of proceedings, directly or indirectly relating to the enforcement of the terms and provisions of this Agreement, including without limitation, both actual pre-judgment and post-judgment attorney's fees and costs and attorney's fees and costs of settlement if no proceeding is instituted. Further, such reimbursement shall also include any such fees and costs incurred after the conclusion of such a proceeding in which a judgment or other disposition is rendered in post-judgment or post-disposition collection efforts. This determination shall be made by the arbitrator chosen in accordance with this Agreement. Further, interest shall accrue on any amounts due hereunder at the rate of eighteen percent (18%) per annum. In the event that a statute or other law prohibits interest in that amount, it shall accrue at such lesser amount as may be required by statute.
G. No Waiver. No waiver or forbearance by any party hereto of any rights hereunder in any particular instance shall act to preclude such party from exercising those rights in any other instance.
I. Complete Agreement. These Terms represent the entire agreement between the parties with respect to your rights, obligations and duties with this SITE and the Materials contained herein, and supersede and replace all prior agreements, written or oral, regarding such subject matter.
J. Other Jurisdictions. This SITE makes no promises that this SITE or any of the Materials contained herein are appropriate or available for use in any other locations, and that access to them from territories may be illegal or otherwise prohibited. Those who choose to access this SITE from such territories do on their own initiative and are solely accountable for compliance with all pertinent local laws. The indemnification provisions set forth above shall apply to such use.