In connection with your participation in Hiring Course, a service powered by TAB Ventures, LLC, a North Carolina limited liability company, or one of its affiliates (collectively, “TAB Ventures”), please read through these Terms of Use carefully as they create an agreement between you and TAB Ventures. By registering for and participating in any programming, or an event hosted or presented by TAB Ventures; and/or accessing or using any of TAB Ventures’ public, private and/or restricted-use web site https://www.hiringcourse.com or any other site operated by TAB Ventures (collectively, the “Site“), or by otherwise accessing any content or services found or available through the Site (the “Site Services“), you are deemed to (i) have entered into an agreement with TAB Ventures; (ii) have represented that you are an adult in your country of residence and are at least 18 years old; (iii) have represented that you have the legal authority to accept these Terms of Use; and (iv) have agreed to be bound by the terms set out below. TAB Ventures and you shall be known collectively as “Parties” and each individually as a “Party”. IF YOU DO NOT AGREE WITH THE TERMS OF USE, YOU ARE NOT AUTHORIZED TO, AND MAY NOT, USE OR ACCESS THE SITE OR ANY SITE SERVICES, OR PARTICIPATE IN ANY ACTIVITIES HOSTED AND/OR PRESENTED BY TAB VENTURES.
The Site is owned and operated by TAB Ventures. TAB Ventures reserves the right to modify the Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Terms of Use periodically and to be aware of any modifications. Your continued use of the Site and/or Site Services, after such modifications will constitute your acknowledgement of the modified Terms of Use, and your agreement to abide and be bound by the modified Terms of Use. Your sole remedy for dissatisfaction with the Site or any products, services, content, or other information available on or through the Site, is to discontinue using the Site.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Parties agree as follows:
Rights and Obligations.
Programming Fees. With limited exceptions (e.g. a Site visitor), you will, in most instances, be required to pay a fee to TAB Ventures (“Programming Fees”) which are determined in accordance with our current fee schedule. Programming Fees are non-refundable.
Standards of Conduct. You agree that you shall be subject to the following code of conduct (“Code of Conduct”), and a violation of any portion of the Code of Conduct may, in the sole discretion of TAB Ventures, result in revocation of your access to any programming or other services provided by TAB Ventures. More specifically, In connection with our Code of Conduct, you agree:
to cooperate with and respect the opinions of fellow TAB Ventures members.
to represent the organization in a positive and supportive manner at all times and in all places.
to show respect and courteous conduct in TAB Ventures meetings.
to refrain from intruding on administrative issues that are the responsibility of management.
to not market any products, services, classes, training, coaching or mentoring to other members or guests of TAB Ventures without TAB Ventures’ prior written approval.
and understand that TAB Ventures strives to maintain a network of member that is free from illegal discrimination and harassment. While all forms of harassment are prohibited, it is the organization’s policy to emphasize that sexual harassment is specifically prohibited. The membership of any member who engages in discriminatory or harassing conduct towards another member or sponsor shall be terminated immediately.
and acknowledge that you shall have access to the email addresses and contact information of other TAB Ventures members (“Contact Information”) and shall not utilize the Contact Information in any way to harass other members of TAB Ventures.
User Submissions. You are solely responsible for the content of your User Submissions. You agree you will not:
Post, link to, publish or otherwise submit any User Submissions or materials that do not conform to these Terms of Use, including without limitation, those that:
are unlawful, obscene, hateful, defamatory, libelous, threatening, fraudulent, abusive, pornographic, sexually explicit, harassing or racially, ethnically or otherwise offensive;
encourage conduct that would be considered a criminal offense, or do or could give rise to civil liability or violate any law, rule or regulation, or are otherwise objectionable;
are intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation;
comprise non-public or insider information about companies, or are otherwise confidential or private;
contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant to TAB Ventures all of the license rights granted herein;
comprise an advertisement, solicitation, pyramid scheme, firm offer to invest or other unsolicited commercial communication (except as otherwise expressly permitted by TAB Ventures in writing); or
include recommendations to buy or refrain from buying a particular security or which otherwise have the purpose of affecting the price or value of any security;
Disguise or attempt to disguise the true origin of any User Submissions;
Impersonate any person or entity (including, without limitation, TAB Ventures staff or other members of the TAB Ventures community) or misrepresent any affiliation with any person or entity;
Knowingly post or transmit any User Submissions that contain software viruses, files, code or other harmful components designed to interrupt, destroy or limit the functionality of the Sites, the Content or any TAB Ventures computer software, systems or equipment;
Collect or store other users’ personal data;
Restrict or inhibit any other user from using the Sites, Site Services, Content or Online Communities;
Upload, post, email, or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity;
Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” chain letters, or any other potentially objectionable form of unsolicited communication, including without limitation, via initiation or perpetuation of “SPAM,” or to newsgroups, bulletin boards, or users that have requested that messages not be sent to them;
Upload, post, email, or otherwise transmit any material that you do not intend to disclose to all recipients of your transmission, including users who have access to the areas of the Sites in which your User Submission is posted;
Use the Sites for any purpose or in any manner that violates any local, state, or federal law or regulation, or any applicable laws or regulations of any foreign government; or
Upload, post, email or otherwise transmit without authorization any material that would reasonably be considered to contain confidential or private information concerning any third party person or entity, including without limitation, personal (i.e., non-business) phone number(s) or addresses, account numbers, social security numbers, passwords or other similar information.
TAB Ventures reserves the right to review, edit and remove your User Submissions in order to ensure compliance with these Terms of Use and our Privacy Policy. It is not possible or practicable for TAB Ventures to effectively monitor User Submissions, including with respect to infringement of third party rights. If you believe that a User Submission infringes your legal rights, you should notify TAB Ventures immediately. If notified by a user of a User Submission that allegedly does not conform to these Terms of Use, TAB Ventures may investigate the allegation and determine in good faith and in its sole discretion whether to remove or modify the User Submission.
TAB Ventures neither endorses nor is responsible for any User Submissions, or for any opinion, advice, recommendation, information or other utterance made or displayed therein or otherwise posted on the Sites or Online Communities by third parties, whether such third parties are visitors to the Sites, members of the TAB Ventures community or others. TAB Ventures expressly disclaims any and all liability in connection with any User Submissions. The opinions expressed in any User Submission reflect solely the opinions of the user submitting such User Submission and do not reflect the opinions or views of TAB Ventures. You should not rely on User Submissions in making (or refraining from making) any specific investment, business or other decisions.
TAB Ventures cannot ensure that User Submissions are in compliance with the Terms of Use. You understand that when using the Sites you will be exposed to User Submissions from a variety of sources, and that TAB Ventures cannot guarantee, and is not responsible for, the accuracy, integrity, quality, usefulness, safety, or intellectual property rights or protections of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, objectionable, obscene, threatening, harassing or that otherwise violate these Terms of Use, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TAB Ventures with respect thereto.
Limited License. Subject to the Terms of Use and to the payment of any fees specified by TAB Ventures, if applicable, TAB Ventures grants you a limited, revocable, personal, nontransferable, non-sublicensable, nonexclusive license to use the Content. You may retrieve and display the Content on a computer screen, print the Content on paper, distribute copies of the Content within your company or to other active members of the TAB Ventures community and store the Content in electronic form on your computer for your personal use. As a condition of your use of any of the Sites or Site Services, you warrant to TAB Ventures that you will not use the Site for any purpose that is unlawful or prohibited by the Terms of Use. Except as expressly set out above, you may not: (a) reproduce, modify, distribute or in any way commercially exploit any of the Content, (b) reproduce or store in or transmit to any other web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network, or regularly or systematically store in electronic or print form, all or any part of the Content, (c) modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Content (including use as part of any library, archive or similar service) without the prior written consent of TAB Ventures, (d) remove the copyright or trade mark notice from any versions or reproductions of the Content made under these Terms of Use, (e) collect account information for the benefit of another party, (f) use any meta tags or any other ‘hidden text’ utilizing any TAB Ventures trademarks or Content without the express written consent of TAB Ventures, (g) use TAB Ventures’ name in any way in any domain name or URL, or (h) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our networks or infrastructure. Any other use of the Content or Sites not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to 3200 Glen Royal Rd Suite 104, Raleigh, NC 27617, Attention: Legal.
Recorded Content. TAB Ventures may record the audiovisual content of workshops, conferences, events, TAB Ventures group meetings or use within the TAB Ventures community, or may receive such content from its speakers, vendors, and members for sharing within the TAB Ventures community (“Recorded Content”). TAB Ventures may, except as otherwise restricted by law, use any Recorded Content for any commercial purpose including, without limitation, the right to use, distribute, publish, create derivative works from, or commercialize any information derived from the recorded content in order to develop statistical or educational materials for the benefit of TAB Ventures, and any member, vendor, or speaker and/or anyone accessing or using the Site. Please see our Privacy Policy for more information on information collection and disclosure.
Publicity Release. You agree that TAB Ventures, its officers, directors, employees, agent and representatives acting on their behalf have the absolute right and permission to publish and use, at any time in the future, your likeness and/or name in any photograph, image, video, motion picture, performance or sound recording taken by TAB Ventures at TAB Ventures meetings or events in which you may be included in whole or part (“Images”) (with or without your name) for any purpose related to TAB Ventures’ business affairs, including but not limited to advertising, publicizing or marketing its products and/or services and programs without compensation to you. You understand that any Images are the sole property of TAB Ventures.
User Responsibility for Account Information. In order to access certain restricted portions of the Site we will require you to establish a username, password, and/or other security-related access information (collectively, “Account Information“). You are solely responsible for maintaining the confidentiality of, and ensuring that proper security precautions are taken with respect to your Account Information. You are also responsible for all unauthorized access, use or misuse of the Sites, Site Services and/or Content due to your direction or lack of direction, control, lack of care in protecting Account Information, or failure to comply with the Terms of Use. Each registration is for a single user only; TAB Ventures does not permit access through a single username and password being made available to multiple users on a network. You may not transfer or share your Account Information with anyone or permit others to use your Account Information to access or use the Site. You agree to (a) immediately notify TAB Ventures of any loss, theft or unauthorized use of any Account Information or any other breach of security pertaining to the Sites, and (b) ensure that your complete registration information, including your email address and personal contact information, is up to date. TAB Ventures cannot and will not be liable for any loss or damage arising from your or any third party’s failure to comply with this section. TAB Ventures reserves the right to monitor and record activity on the Site, including access to the Content for the purposes of confirming your compliance with the Terms of Use, and to ensure proper site operation and performance. We also reserve the right to terminate or suspend your access to the Sites without notice or further obligation to you if, in our sole discretion, we believe you are in violation of this section or other provisions of the Terms of Use.
Indemnification. You agree you will indemnify and hold TAB Ventures, its affiliates, licensees, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties“) harmless for any losses, claims, judgments, expenses, damages, or costs, including reasonable legal fees, resulting from any breach of the Terms of Use by you, including (a) any use of Content other than as expressly authorized in the Terms of Use, or (b) any use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our systems. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of Site, Site Services or Content.
NO WARRANTIES. TAB VENTURES AND YOU EACH ACKNOWLEDGE THAT, TAB VENTURES MAKES NO WARRANTY, EXPRESS OR IMPLIED, RELATING TO THE CONTENT, THE SITES, THE SITE SERVICES, THE SOFTWARE OR ANY PRODUCTS AVAILABLE THROUGH THE SITES, WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOUR USE OF THE SITE IS AT YOUR OWN RISK, AND YOU, AND NOT TAB VENTURES, ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ANY CONTENT. TAB VENTURES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. TAB VENTURES DOES NOT GUARANTEE THE ACCURACY, RELIABILITY OR TIMELINESS OF THE CONTENT OR SITE SERVICES, THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR RELATED SYSTEMS ARE FREE FROM VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES. TAB VENTURES MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY TAB VENTURES OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE OR EXPAND ANY WARRANTY. TAB VENTURES DOES NOT RENDER LEGAL, TAX, ECONOMIC OR INVESTMENT ADVICE AND YOU AGRES THAT YOU WILL NOT RELY ON ANY INFORMATION PROVIDED BY TAB VENTURES AND WILL CONSULT WITH YOUR OWN PROFESSIONAL ADVISERS AS TO RISKS AND LEGAL, TAX, ECONOMIC OR INVESTMENT IMPLICATION IN MATTERS CONCERNING REAL ESTATE AND OTHER INVESTMENTS.
Assumption of Risk. In addition, you agree that the successful implementation of any program discussed or presented at TAB Ventures meetings or events is not evidence of the likelihood of successful implementation of the same or a similar plan by any other person or entity. Anyone who attempts to implement the programs, strategies or plans presented by TAB Ventures, including but not limited to you, and TAB Ventures’ other members, vendors, guests or speakers shall assume all risks associated with such activities. TAB Ventures members and guests are encouraged to do their own research and due diligence regarding ideas and concepts obtained at TAB Ventures meetings or events or through any email or online discussion board activity. TAB Ventures recommends consultation with appropriate professional advisers prior to the implementation of any ideas or concepts obtained at its meetings.
Limitation of Liability & Disclaimer of Liability. YOU ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN ONLINE COMMUNICATIONS AND ASSOCIATED TECHNOLOGY. YOU AGREE THAT TAB VENTURES WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (b) DATA NONDELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (c) LOSS OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE SITE; (d) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION THAT MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITE; (e) DECISIONS MADE OR ACTIONS TAKEN BY THE USER OR A THIRD PARTY IN RELIANCE ON THE SITE OR CONTENT; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL.
YOU AGREE THAT IF YOU SUFFER ANY INJURY ARISING OUT OF ANY USER SUBMISSION, YOU WILL SEEK RELIEF DIRECTLY FROM THE INJURING USER AND THAT TAB VENTURES’ RESPONSIBILITY SHALL BE LIMITED TO REMOVING THE INJURIOUS POSTING OR PORTION THEREOF FROM THE SITE(S) UPON NOTICE FROM THE INJURED PARTY.
IN NO EVENT WILL ANY LIABILITY OF TAB VENTURES, ITS AFFILIATES, AGENTS AND LICENSEES TO YOU (AND/OR ANY THIRD PARTY) ARISING OUT OF ANY LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SITES, CONTENT, SITE SERVICES OR BREACH OF THESE TERMS OF USE EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO TAB VENTURES, DURING THE SIX-MONTH PERIOD PRECEDING THE CLAIM, IN RESPECT OF THE PARTICULAR SITE SERVICE TO WHICH THE CLAIM RELATES OR BY WAY OF PROGRAMMING FEES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TAB VENTURES, ITS AFFILIATES, LICENSEES, REPRESENTATIVES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF (OR FAILURE TO USE) OR RELIANCE ON THE SITE OR SITE SERVICES, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF TAB VENTURES HAS BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY ARISE. THE LIMITATION OF LIABILITY SET FORTH ABOVE IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN TAB VENTURES AND YOU. NEITHER THE SITES NOR THE CONTENT WOULD BE PROVIDED ABSENT SUCH LIMITATIONS.
Term.
With respect to you, These Terms of Use shall begin on the Effective Date and, except as provided below, shall continue indefinitely subject to the rights of termination set forth in Section 10(b).
Termination. You may terminate its membership of your own accord, or be removed at any time by TAB Ventures in its sole discretion..
Upon termination of your membership, whether by you or by TAB Ventures, any rights you have been afforded pursuant to these Terms of Use shall terminate.
Force Majeure. TAB Ventures, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Content or Site Services resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, fire, flood or other natural disasters, strikes or other labor problems, wars, civil unrest, acts of terrorism or governmental restrictions.
Changes to these Terms of Use. TAB Ventures may, in its discretion, modify or update these Terms of Use (including in relation to your use of the Sites, Site Services and/or the Content) or change the fees or charges for use of the Sites. Any changes to the Terms of Use will be effective upon the publication of revised Terms of Use to the applicable Site(s). If you use the Sites after TAB Ventures has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Sites any further after they are published. Access to certain areas of Content may be subject to additional terms and conditions.
Advertising, Third Party Content and other Web sites. Parts of the Site may contain third party content or have links to other websites which may or may not be operated by TAB Ventures. TAB Ventures has not reviewed all of the web sites that are linked to the Sites, and TAB Ventures has no control over such sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that TAB Ventures shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites. Content providers are responsible for ensuring that material submitted for inclusion on the Sites complies with international and national law. TAB Ventures is not responsible for any third party content. The Sites may contain links to other Web sites. TAB Ventures is not responsible for the availability of these Web sites or their contents.
Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices. Notices to TAB Ventures must be given in writing and sent to TAB Ventures at the following address: TAB Ventures, LLC, 3200 Glen Royal Rd Suite 104, Raleigh, NC 27617, Attention: Legal. Notices to you may be sent to the email address supplied for your account or we may broadcast notices or messages through the Sites to inform you of changes to the Sites or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with verification of receipt; (c) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed email.
Violations. Please report any violations of these Terms of Use to TAB Ventures, LLC, 3200 Glen Royal Rd Suite 104, Raleigh, NC 27617, Attention: Legal.
Severability; Survival; Statute of Limitations. If any provision of these Terms of Use is invalid or unenforceable, such will not render all the Terms of Use unenforceable or invalid but rather the Terms of Use will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in San Diego, California, USA, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.
Entire Agreement. Your written contract(s) with TAB Ventures, if any, and any amendments, addendums, exhibits, and schedules (as applicable) thereto, and these Terms of Use, as the latter may be amended from time-to-time in TAB Ventures’ sole discretion, constitute the entire agreement between TAB Ventures and you, and supersede all prior or contemporaneous agreements, representations, warranties and understandings, whether electronic, verbal, or written, between you and TAB Ventures, with respect to the Sites, Content and Site Services.
Headings. Headings in these Terms of Use are for convenience only and have no legal meaning or effect.
Relationship Between the Parties. There is no agency, partnership, joint venture, or employee-employer relationship between you and TAB Ventures arising solely through the access or use of the Sites or Site Services.
Export Controls. You shall comply with all export laws and restrictions and regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or other United States or foreign agency or authority, and not export or re-export Visage Content in violation of any such restrictions, laws, or regulations. By downloading or using the Content, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country or on any such list.
International Use. Although the Site may be accessible worldwide, we make no representation that the Sites or their Content are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from international locations do so at their own initiative and are responsible for compliance with applicable local laws. Any offer of any product, service, and/or information made in connection with the Site is void where prohibited.
Governing Law and Jurisdiction. These Terms of Use and all disputes related to these Terms of Use or arising hereunder shall be governed by, construed and enforced exclusively in accordance with the laws of the State of North Carolina pertaining to contracts to be entered into and wholly to be performed therein, without regard to its or any other states’ conflicts of law rules or public policy. The Parties further agree to submit to the jurisdiction of North Carolina courts and that they agree to accept and will not object to any process served on them by, through or in connection with any action, proceeding or lawsuit by a Party hereto relating to these Terms of Use commenced in North Carolina courts. The Parties waive any objection to venue in the event either Party commences an action, proceeding or lawsuit relating to these Terms of Use in the North Carolina Courts. Notwithstanding any of the foregoing, the Parties may mutually agree in writing to commence any action, proceeding or lawsuit relating to these Terms of Use in any federal or state court of competent jurisdiction. The Parties hereto specifically waive any right to a jury trial with respect to any matter arising under these Terms of Use. If any action or proceeding is brought to enforce or interpret these Terms of Use, the prevailing party shall be entitled to reasonable attorneys’ fees in the same or separate action and any other appropriate relief. Any cause of action by you arising in connection with the Site, Content or Site Services must be instituted within one (1) year after the cause of action arose or be forever waived and barred.