PersonalQuest™ - Terms of Use Agreement
PersonalQuest™, the ultimate FREE online introduction service, is operated by Commix Corp. All use of PersonalQuest™, including www.PersonalQuest.com (collectively referred to as the "Service" OR "Site" OR "Website") is bound by these Terms of Use (this "Agreement"), whether or not you register as a member of PersonalQuest™ ("Member"). You must be an adult (over 18 years of age), accept and agree to be bound by these terms as a condition of use. If you do not agree, do not continue.
Note: This is not the usual disclaimer to be disregarded. You must read it and all other site disclaimers carefully, and PersonalQuest™ expects you to do so. If you object to anything in this Agreement or the PersonalQuest Privacy Policy, DO NOT USE THE WEBSITE OR THE SERVICE. The Terms of Use are subject to change by PersonalQuest™ at any time, effective upon posting on the PersonalQuest™ website, and your use of the Service after such posting will constitute acceptance by you of such changes.
1) Acceptance of Terms of Use Agreement.
a) Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. This Agreement may be modified by PersonalQuest™ from time to time, such modifications to be effective upon posting by PersonalQuest™ on the Website. This Agreement includes PersonalQuest™'s Acceptable Use Policy for Content Posted on the Website, PersonalQuest Privacy Policy, PersonalQuest™’s subscription policies and any notices regarding the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
b) Electronic Form. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.
c) Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an email to Comments or a letter and self-addressed stamped envelope to: PersonalQuest™, c/o Commix Corp., 10740 Parkridge Blvd, Suite 110, Reston, VA 20191.
2) Withdrawal of Your Consent. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.
a) Effect. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current username and password. This means that you will not have the right to use the Service unless, and until, we issue you a new username and password. We only will issue you a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request.
b) Notices. To withdraw your consent and/or request a non-electronic copy of this Agreement, please send an email to Comments or a letter and self-addressed stamped envelope to: PersonalQuest™, c/o Commix Corp.; 10740 Parkridge Blvd, Suite 110, Reston, VA 20191.
c) Prospective Nature. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.
3) Access and Retention.
In order to read and get a copy of this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. If there are any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement, we will notify you through the Website.
4) Eligibility.
You must be at least eighteen (18) years of age to register as a member of PersonalQuest™ or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are not eligible, please leave the Website immediately.
5) Membership and Subscription.
You may become a Member of the Service without paying a fee. As a Member, you will have the ability to participate in all of the features and services available within the Service designated as without charge. At this time, PersonalQuest™ does not charge a membership fee for its basic services. PersonalQuest™’s free membership is subject to change, and we reserve the right, upon notification, to charge a membership fee in the future.
6) Term.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership and/or subscription at any time, for any reason, by following the instructions on the Resign pages in Account Settings, or by sending PersonalQuest™ written notice of termination to PersonalQuest™, C/O Commix Corp.; 10740 Parkridge Blvd, Suite 110, Reston, VA 20191 (effective when received) or email notice of termination to Comments. If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination). PersonalQuest™ may terminate your membership and/or subscription by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to PersonalQuest™. If PersonalQuest™ terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of PersonalQuest™. PersonalQuest™ is not required to provide you notice prior to terminating your membership and/or subscription. PersonalQuest™ is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
7) Non-commercial Use by Members.
The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of PersonalQuest™, which may be revoked at any time, for any reason, in PersonalQuest™'s sole discretion.
In order to protect our Members from improper advertising or solicitation, and to maintain usage integrity on the Site, we reserve the right to restrict access by all Members to all or certain elements of the Service on a per-action basis (including messaging, or otherwise), such levels to be determined in our sole discretion from time to time.
8) Security.
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify PersonalQuest™ of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PersonalQuest™ will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.
9) Interactions with Members.
You are solely responsible for your interactions with other Members. You understand that PersonalQuest™ does not in any way screen its Members, nor does PersonalQuest™ inquire into the backgrounds of its Members or attempt to verify the statements of its Members. PersonalQuest™ makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. In no event shall PersonalQuest™ be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service. You agree to take reasonable precautions in all interactions with other Members of the Service, particularly if you decide to meet offline or in person. You understand that PersonalQuest™ makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information) to other Members.
10) Content.
PersonalQuest™ consists of a public section and a private section. You may not post nudity or sexual explicit content in the Public section of the Service.
Please note you may be involuntarily exposed to material deemed offensive or obscene on the Service that may have been posted by Members, hackers or unauthorized users from time to time. Please note that it is possible for others to obtain your personal information and use it to engage in an action that may be harmful to you or injure you. PersonalQuest™ is not responsible for the use of any personal information that you choose to display, publish or distribute to other Members.
Acknowledgement Of Sexual Content in PersonalQuest™’s Private Section. You hereby acknowledge that the Content made available at, in, through and in association with Website by the Company and/or other parties that may provide Content available at, in, through or in association with the Website (“Affiliated Content Providers”) and other materials available at, in, through or in association with the Website, include explicit visual, audio, and/or textual depictions of nudity and sexual activities, that You are not offended by such materials, and that by agreeing to these terms and conditions You are warranting to the Company and to the Affiliated Content Providers that You are intentionally and knowingly seeking access to such explicit sexual materials for Your own personal viewing.
11) Content Posted on PersonalQuest™.
a) Proprietary Rights. PersonalQuest™ owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of PersonalQuest™, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. PersonalQuest™ reserves copyright control over all material posted to its site regardless of origin, subject only to prior copyright.
b) Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by PersonalQuest™, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. PersonalQuest™ does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will PersonalQuest™ or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.
12) Content Posted by You on PersonalQuest™.
a) PersonalQuest™ claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and members and nothing in this Agreement is intended to waive, remove, or usurp such immunity. You understand and agree that PersonalQuest™ may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment PersonalQuest™ violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of PersonalQuest™ and/or its members.
b) You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially or ethnically offensive, illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to PersonalQuest™ or to any other Member. If information provided to PersonalQuest™, or another Member, subsequently becomes inaccurate, misleading or false, you will immediately notify PersonalQuest™ of such change.
c) You understand and agree that PersonalQuest™ may review and delete any content, messages, double-blind emails, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment and discretion of PersonalQuest™ violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
d) By posting Content to any public area of PersonalQuest™, you automatically grant, and you represent and warrant that you have the right to grant, to PersonalQuest™, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by PersonalQuest™ will not infringe or violate the rights of any third party.
e) Prohibited list. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. PersonalQuest™ reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:
i)is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii)harasses or advocates harassment of another person; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
iii)promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
iv)promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
v)contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
vi)provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
vii)provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
viii)and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, Ponzi and pyramid schemes.
f) Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
g) You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses, either licensed or used by you, or others. Violation of this section may result in your disbarment from PersonalQuest
h) You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although PersonalQuest™ cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of emails that a Member may send to other Members to a number which we deem appropriate in our sole discretion.
i) All information you include in your Member profile must be accurate, current and complete.
13) Prohibited Activities.
Your use of the service is strictly at your own risk and you are solely responsible for your contact, whether it be written, verbal or in person, with any other Member of the Service. PersonalQuest™ and its officers, directors, employees, agents, affiliates and third parties assume no responsibility whatsoever for harm that may come to you as a result of your contact (of any form) with any other Member of the Service (including but not limited to emotional, verbal and physical abuse or assault). PersonalQuest™ reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
a)You will not use the Website or the services for any activity that adversely affects the ability of other people or systems to use the Site's services or the Internet. This includes "denial of service" ("DOS") attacks. Interference with or disruption of other networks, network services, administration services or network equipment is strictly prohibited. Any unauthorized use of PersonalQuest™ computer systems is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code, and any and all other such state or local regulations. Such violations may subject you to civil and criminal penalties.
b)You will not impersonate any person or entity.
c)You will not "stalk" or otherwise harass any person.
d)You will not express or imply that any statements you make are endorsed by PersonalQuest™ without our specific prior written consent.
e)You will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;
f)You will not post or transmit in any manner any contact information including, but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information.
g)You will not forward chain letters through the Service;
h)You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
i)You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
j)You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
k)You will not communicate, publish or display to any other Member any form of defamatory, slanderous, offensive, inaccurate, abusive, profane, obscene, sexually offensive, threatening, harassing, racial, or illegal material, including but not limited to nude photos of yourself or others, pornographic photos or images and any other type of unlawful or unacceptable material, as decided by PersonalQuest™.
l)You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
m)You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
n)You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
o)You will not "frame" or "mirror" any part of the Service or the Website, without PersonalQuest™'s prior written authorization. You also shall not use "meta tags" or code or other devices containing any reference to PersonalQuest™ or the Service or the site in order to direct any person to any other web site for any purpose.
p)You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
q)You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
14) If you believe that there is a violation of the policies contained herein this Website, please direct the information to our Abuse Department, at: Comments. If available, please provide the following information:
a) The IP address used to commit the alleged violation;
b) The date and time of the alleged violation, including the time zone or offset from GMT; and
c) Evidence of the alleged violation
PersonalQuest makes no explicit promise regarding its use or followthrough on material submitted pursuant to this section.
15) Customer Service.
PersonalQuest™ provides assistance and guidance through its customer service representatives. When communicating with our customer service representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially or ethnically offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our customer service representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
16) Changes and Modifications to the Website or the Services.
PersonalQuest™ reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PersonalQuest™ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that PersonalQuest™ reserves the right change any of the terms, rights, obligations, privileges or institute new charges for access to or continued use of Services at any time, with or without providing such notice as the Site may determine appropriate. All changes will be posted online or may be emailed to you at PersonalQuest™'s discretion, and you are responsible for reviewing the information and terms of usage as may be posted regularly to obtain timely notice of such changes. Continued use of the Services or non-termination of your membership after changes are posted or emailed constitutes your acceptance or deemed acceptance of the terms as modified, regardless of whether the notice or email was successfully received, read, or lost during transmission. You agree to review this Agreement periodically to be aware of any such revisions.
17) IP Address Blocking.
In order to protect the integrity of the Website, PersonalQuest™ reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.
18) Copyright Policy.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. PersonalQuest™'s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Business Affairs, PersonalQuest™, c/o Commix Corp.; 10740 Parkridge Blvd, Suite 110, Reston, VA 20191.
19) Service Marks (Trademarks).
PersonalQuest™, PQ™, PQ.com and PersonalQuest.com are Service marks licensed by the Company. No use of this mark by You or any other User shall be permitted except through the prior written authorization and permission of Company. All rights reserved.
20) Disputes Between Members On The Site.
You are solely responsible for your interactions with other PersonalQuest™ Members. PersonalQuest™ reserves the right, but has no obligation, to monitor disputes between you and other Members. You agree to use prudence and caution as you get to know others introduced by our service.
20) Privacy.
Use of the Website and/or the Service is also governed by our Privacy Policy.
21) Disclaimers.
PersonalQuest™ is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized with regards to the Website. PersonalQuest™ is not responsible for the conduct, whether online or offline, of any user of the Website. PersonalQuest™ assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. PersonalQuest™ is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Website. Under no circumstances will PersonalQuest™ or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the site's services, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website is provided "AS-IS" and PersonalQuest™ expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PersonalQuest™ cannot guarantee and does not promise any specific results from use of the Website.
In addition to the preceding paragraph, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice.
PersonalQuest™ makes no representations or warranties and EXPRESSLY disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
22) World Wide Web.
The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because PersonalQuest™ has no control over such sites and resources, you acknowledge and agree that PersonalQuest™ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that PersonalQuest™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
23) Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will PersonalQuest™ be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or its services, even if PersonalQuest™ has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, PersonalQuest™'s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to PersonalQuest™ for the Website services during the term of membership. PersonalQuest™ does not guarantee the accuracy, completeness, or usefulness of any information on the Website, and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made. The Website and the services within are provided on an "as is" basis without any warranties or conditions of any kind, express, implied, statutory, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. PersonalQuest™, does not warrant that your use of the Website will be secure, uninterrupted, always available, or error-free, or meet your requirements, or that any defects in the Website will be corrected.
24) U.S. Export Controls.
Software from this Web site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Web site or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
25) Jurisdiction and Choice of Law.
If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Virginia, U.S.A. without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive in personal jurisdiction and venue of the state and federal courts of the State of Virginia, in Reston or Fairfax County, for the resolution of any such dispute.
26) Indemnity and Waiver.
Notwithstanding any other provision contained herein, you agree to indemnify and hold PersonalQuest™, its shareholders, parent companies, subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by you or any third party due to or arising out of your use of the Website, both in the normal course of activity, or in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. This indemnity and waiver is granted in consideration of the benefits you obtain through use of PersonalQuest™, whose benefits to you are hereby acknowledged.
27) Cooperation With Law Enforcement.
The Company, Website affiliates and all Website Content Providers independently reserve the right to fully cooperate with any and all law enforcement authorities and court orders requesting or directing Company, Website Affiliates and/or Website Content Providers to disclose the identity or other information regarding any person who is using or has used the Website or has obtained any Content available through or in association with Website. By accepting this Agreement and using the Website, You waive and hold harmless Company, Website affiliates, Website Content Providers and the operators of Website from any and all claims resulting from any and all actions taken by any of the foregoing during, or as a result of any law enforcement authority’s investigations.
28) No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
29) Entire Agreement.
This Agreement contains the entire agreement between you and PersonalQuest™ regarding the use of the Website and/or the services it provides or links to. Should any provision of this agreement be void or unenforceable, such provision shall be deemed modified to meet the minimum requirements of the law, and if not it shall be severed and this Agreement with such provision severed shall remain in full force and effect to the extent permitted by law.
Please contact us with any questions regarding this agreement.
PersonalQuest™ is a trademark of Commix Corp.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.