COMMON SENSE NETWORKS TERMS OF USE

1. INTRODUCTION

Welcome to Sensical, a free, kid-focused streaming service offering thousands of entertaining, age-appropriate, short-form videos and podcasts for ages 2-10 that support kids' social, emotional, and cognitive development (the “Service”). The Service has been developed and is controlled and maintained by Common Sense Networks (“CSN”). These terms apply to the use of the Service and any other related websites operated by CSN, including but not limited to www.commonsensenetworks.com, www.sensicaltv.com, and www.sensical.tv (collectively referred to as the Service). Please note that while this Service is owned and operated by CSN, the services provided on this Service may be performed by entities affiliated with or under contract to CSN. CSN and any and all such affiliated or contracted entities are collectively referred to herein as “we,” “us” or “our”.

PLEASE READ THESE GENERAL TERMS OF USE (“Terms of Use”) CAREFULLY BEFORE USING THIS SERVICE. These Terms of Use apply to you if (a) you are user of the Service over the age of 18 or (b) you are a parent or guardian entering into these Terms of Use on behalf of a child under the age of 13 who will be a user of the Service. By using this Service or by clicking a box that states that you accept or agree to these terms, you (i) signify your agreement to these Terms of Use, and (ii) affirm that you fall into either category (a) or (b), above. If you do not agree to these Terms of Use or do not fall into category (a) or (b), above, please exit the Service immediately, as you are not authorized to use the Service.

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 17 BELOW, REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS OF ANY KIND.

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. From time to time, these Terms of Use may be changed, expanded or amended, and may include the introduction of additional terms for certain Service features. Any changes to these Terms of Use may be made without notice and will be effective immediately upon posting on the Service, so please be sure to review them on a regular basis. The effective date appearing at the top of this page indicates when the latest changes were made to these Terms of Use.

To assist you with your review of these Terms of Use, we provide at the end of most sections a short, very high-level summary of the applicable section. These summaries are included for reference purposes only, do not constitute contractual terms and are not a substitute for reading the actual contractual terms; the summaries will not affect the meaning or interpretation of these Terms of Use, and, in all cases, the substantive terms of these Terms of Use (and not any summary) will govern and take priority over any summary.

Summary:
Welcome to our Service! We are Common Sense Networks. We know that Terms of Use can be very long, so we have tried to summarize the key concepts for you in summary boxes throughout these Terms of Use in non-legalese. Although these summaries are helpful, please be sure to read all terms carefully, because the language in each Section (aside from these summaries) is the legally binding language. These terms apply to you if you are over the age of 18 or are a parent or guardian entering into these terms on behalf of a child under the age of 13. If you fall into one of these categories, and if you use the Service, you are indicating that you agree with these terms. We may change these terms at any time and may do so simply by posting a revised version here. You can always check if we have changed the terms by looking to the date at the top of the page. If they have been modified, you will want to take time to review what has changed. You will also want to take a close look at Section 17, which requires that legal disagreements between you and us be resolved through binding arbitration, rather than in a court room before a judge and jury.

2. MATERIALS ON THE SERVICE AND RELATED RIGHTS AND RESTRICTIONS

The information and materials provided through the Service, including any data, text, photographs, graphics, images, music, audio and video clips, logos, icons, software and links (collectively, the “Materials”) are intended to entertain and educate you. The Service is owned and operated by CSN in conjunction with others pursuant to contractual arrangements, and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of CSN and its licensors and suppliers. The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. The Materials may be used solely to the extent necessary for your authorized use of the Service, as provided in these Terms of Use or as expressly authorized in writing by CSN or, if so indicated in writing by CSN, its licensors or suppliers. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. We may change the Service or delete Materials or features at any time, in any way, for any or no reason. You acknowledge that you do not acquire any ownership rights by using the Service or the Materials.

The trademarks, logos and service marks displayed on the Service (collectively the “Trademarks”) are the registered and unregistered trademarks of CSN, CSN’s licensors and suppliers, and others. Our Trademarks include Common Sense, Common Sense Media, Common Sense Education, and Common Sense Kids Action, and any associated logos. The Trademarks owned by CSN, whether registered or unregistered, may not be used in connection with any product or service that is not CSN’s, in any manner that is likely to cause confusion with CSN or in any manner that disparages CSN. Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of CSN, CSN’s licensors or suppliers, or the third party owner of any such Trademark. Any use of the Trademarks, and all goodwill associated with such Trademarks, shall inure solely to the benefit of CSN, CSN’s licensors or suppliers, or the third party owner of such Trademarks. Misuse of any Trademarks is prohibited, and CSN will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

Summary:
As between you and us, we own the rights to all of the images and other materials on the Service. You may use these images and other materials in accordance with these terms, but may not make any changes to them. We try to keep the Service up-to-date, but it is possible the Service may not be fully accurate or complete or that content within a Member Service will always be available.

The trademarks and logos on the Service belong to either us or their owners. Such trademarks and logos may not be used by you unless you receive permission to do so from the owners of such trademarks and logos.

3. USE OF MATERIALS

Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by CSN to use the Service, CSN grants to you a limited license to access and make personal use of the Service (or any portion of the Service) to which we provide you access under these Terms of Use, on any single device. No portion of the Service may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose. Use or downloading of any of the Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Materials, including agreements of third parties. By acquiring or using the Materials, you agree to such terms and conditions.

Summary:
We grant to you permission to use our Service, and materials, and link to our homepage, but just for your personal use. Please note that your use of our Service is subject to all of the other terms throughout these Terms of Use (including the Code of Conduct, below) and may also be subject to certain third-party terms. Unfortunately, if you can’t comply with these terms, you can’t use our Service, or materials, or link to our homepage (or any other part of our Service).

5. CONTENT ACCESSIBLE THROUGH LINKS FROM THE SERVICE

Certain Service functionality may make available access to Third Party Materials, or allow for routing or transmission of such Third Party Materials to you via links to other World Wide Web sites and resources. Because CSN has no control over such sites, resources or Third Party Materials, you acknowledge and agree that CSN is not responsible for the availability of such external sites, resources or Third Party Materials, 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, including Third Party Materials. You further acknowledge and agree that CSN 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 content, goods, services or Third Party Materials available on or through any such site or resource. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.

Summary:
Our Service may provide you with access to content, goods, services and other materials, including through links to other third party web sites or resources. We are not responsible for these third-party websites or resources (or the content, goods, services and other materials provided by them), and we note that they may not necessarily be safe or secure.

6. YOUR ACCOUNT

When and if you register with the Service, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address and any additional information required if you purchase Member Services) and (b) maintain and update your information (including your email address and any additional information required if you purchase Member Services) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of all or any portion of the Service.

As part of the registration process, you may be asked to select a username and password. We may refuse to grant you, or require that you change, any username or password that you select in registering, including anything you select that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use or misuse of your username and password and agree not to transfer or resell your use of or access to the Service to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly notify us and change your username or password. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

Summary:
You may need to have an account with us in order to use our Service or any portion of our Service, including to purchase Member Services. If you choose to create an account with us, you agree to provide us with your real e-mail address (and real billing information if purchasing Member Services) and to keep your information up-to-date. You can choose your own username and password, but we may ask you to change it or refuse to approve you for an account. Please keep your username and password confidential, and let us know if you learn that someone is misusing your account. You will be responsible for anything that happens on the Service through your account.

7. CODE OF CONDUCT

While using the Service and/or Materials, you agree to comply with all applicable laws, rules and regulations, and that you will not:

Use the Service or Materials for any unlawful or improper purpose;
Use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of any content;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or otherwise fails to respect the rights and dignity of others, (b) any material, non-public information about companies without the authorization to do so; (c) any material protected by trade secret, copyright, trademark, right of publicity or privacy or any other proprietary right of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial purpose or communication;
Use any CSN Trademark or any CSN graphics, logos, page headers, button icons, scripts or services names;
Remove any copyright, trademark or other proprietary rights notices contained in the Service or any Materials;
“Frame” or “mirror” any part of the Service, or otherwise incorporate any part of the Service into any product or service, without our prior written authorization;
Collect, harvest or store personal data or other information about other users;
Harass other users;
Restrict or inhibit any other visitor or member from using the Service, including, without limitation, by means of interfering or disrupting the operation of the Service or the servers or networks used to make the Service available, such as by “hacking” or defacing any portion of the Service;
Engage in spamming or flooding;
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Service except as expressly authorized herein, without CSN’s prior written consent;
Reverse engineer, decompile or disassemble any portion of the Service, except where such restriction is expressly prohibited by applicable law;
Transmit any software or other materials that contain any viruses, worms, trojan horses, Easter eggs, defects, date bombs, time bombs, spyware, or other items of a destructive nature; or
Use any robot, spider, Service search/retrieval application or other manual or automatic device or process to retrieve, index, “scrape,” “data mine” or in any way gather Service content, or reproduce or circumvent the navigational structure or presentation of the Service or its contents.

If you find any Materials on the Service which you believe violate or are inconsistent with this Code of Conduct, please contact the Service administrator at info@commonsensenetworks.com

Summary:
This Section describes some ground rules to protect our Service community and seeks to ensure that all users can make the most of our Service. In addition to the other rules listed above, this Code of Conduct requires that you not harass or spam other users, post inappropriate content, transmit any viruses or engage in any disruptive or illegal conduct. While we don’t want to be in a situation where we have to cut off your access to our Service, we can do so if you violate our Code of Conduct or these terms, or otherwise behave badly in using our Service. Please be considerate of the other users on our Service and let us know if you suspect someone is acting inappropriately!

9. CLAIMS OF COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any of the materials hosted on the Service infringe your copyright, you (or your agent) may send us a notice by mail or e-mail, requesting that the material be removed or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send CSN a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Service must be sent in writing to our Chief Services Officer as follows: by mail to Copyrights c/o Chief Services Officer, Common Sense Networks, 699 8th Street, Suite C150, San Francisco, 94103; or by e-mail to info@commonsensenetworks.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. Please note that CSN may terminate any user who it reasonably believes to be a repeat copyright infringer.

Summary:
If you see something on our Service that you believe is your copyrighted work, but which you have not authorized to be on our Service, this Section explains how you can contact us regarding such unauthorized use of your work. We will review your request, and, based on the result of our review process, may take down the work from our Service.

10. OUR PROPRIETARY RIGHTS

We and our respective licensors and suppliers own the Service and the information and materials made available through the Service, which are protected by copyright, trademark, patent, and/or other proprietary rights and laws.
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Summary:
Our Service, as well as the information, content and other materials on our Service, is owned by us (and our licensors and suppliers).

11. DISCLAIMERS

THE SERVICE, THE MATERIALS AND THIRD PARTY MATERIALS ON THE SERVICE AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, THROUGH MEMBER SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NEITHER CSN NOR ANY OF ITS AFFILIATES, LICENSORS, MEMBER ORGANIZATIONS, SUPPLIERS, ADVERTISERS, SPONSORS, NOR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES MAKES ANY WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICE, INCLUDING, WITHOUT LIMITATION ANY OF THE MATERIALS OR THIRD PARTY MATERIALS, NOR DO THEY WARRANT THAT YOUR USE OF THE SERVICE OR ANY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, THE SERVER(S) ON WHICH THE SERVICE IS HOSTED OR SERVICE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL OR THIRD PARTY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR THIRD PARTY MATERIAL. YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MEMBER SERVICES, MATERIALS, AND THIRD PARTY MATERIALS PROVIDED THROUGH THE SERVICE IS ENTIRELY AT YOUR OWN RISK.

Summary:
Our Service, and everything provided through our Service is provided to you “as is,” and we can’t guarantee that our services will always be accurate, available or error free.

12. LIMITATION OF LIABILITY

NEITHER CSN NOR ANY OF OUR AFFILIATES, LICENSORS, MEMBER ORGANIZATIONS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, MEMBER SERVICES), MATERIALS AND/OR THIRD PARTY MATERIALS CONTAINED ON THE SERVICE OR ANY LINKED SERVICE AND/OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, THROUGH MEMBER SERVICES, EVEN IF CSN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE, MATERIALS, THIRD PARTY MATERIALS, ANY LINKED SERVICE, PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, MEMBER SERVICES, IS TO STOP USING THE SERVICE, MATERIALS, THIRD PARTY MATERIALS, LINKED SERVICE, MEMBER SERVICE, PRODUCTS OR SERVICES, AS APPLICABLE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE EXCEED THE GREATER OF (A) $100 OR (B) THE TOTAL AMOUNT PAID BY YOU TO CSN DURING THE 12-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES, LICENSORS, MEMBER ORGANIZATIONS, SUPPLIERS, ADVERTISERS OR SPONSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

Summary:
In addition to the Section above, please note that if something bad happens to you while using our Service (including any information, content or other materials on our Service and Member Services), our liability to you is limited to the amount you have paid to use our Service or $100, whichever is more. If you don’t like something about our Service, please stop using the Service.

13. TERMINATION; CHANGES OR DISCONTINUATION OF SERVICES

We reserve the right to terminate or suspend your access to and use of the Service at any time and for any reason, with or without cause CSN shall have no liability for any such suspension or termination, following which your right to use the Service shall immediately cease, and you shall destroy all Materials obtained from the Service and all copies thereof, whether made under these Terms of Use or otherwise. In addition, we reserve the right to change the availability of Member Services and modify or discontinue any Member Service with or without notice to you and we will not be liable to you or any third party for any such changes.

Summary:
We may suspend or terminate your access to use our Service (or a portion of our Service) at any time and for any reason. If we choose to do so, you may not have further access to your user account or any materials associated with your account. If our Service allowed for you to download any materials, you will need to delete or destroy those materials, if we terminate your access to our Service. We reserve the right to make changes to Member Services.

14. INDEMNIFICATION

You agree to indemnify, defend and hold CSN, our affiliates, licensors, member organizations, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including without limitation attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Use, (b) your use of and activities in connection with the Service and/or (c) your account(s) (including presenting any false, inaccurate or misleading information in an effort to misrepresent your location or place of residence). You shall cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Summary:
This Section is important because it may require you to defend us in certain situations, including if a lawsuit arises as a result of your use of our Service or if you violate these terms. This may include an obligation to pay for the defense and any related costs.

15. ACCESS BY MINORS

Please see our Privacy Policy for more information on this subject. In addition, pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that such websiteis not controlled, operated or endorsed by CSN and that CSN is not responsible for such site or any of the products or services listed on such site.

Summary:
Although this Section may not be relevant to you, federal law requires us to tell you that parental controls are available to limit access by minors to harmful material. The link above provides more information.

16. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California Service users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Summary:
If you are a resident of California and have a concern about our Service, you can contact California Department of Consumer Affairs using the contact information in this Section.

17. APPLICABLE LAW AND JURISDICTIONAL ISSUES; ARBITRATION

The Service is controlled and operated by CSN from its office in San Francisco, California and is not intended to subject CSN to the laws or jurisdiction of any state, country or territory other than California and the United States of America. The Service is solely directed to individuals residing in the United States. Those who choose to access the Service from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we so choose. These Terms of Use are governed by and construed in accordance with the laws of the United States of America (including federal arbitration law) and the State of California, United States of America, without regard to its principles of conflicts of law or your location, and the parties hereby expressly exclude application of the United Nations Convention on the International Sale of Goods.

Except for disputes that qualify for small claims court, any dispute or claim arising out of or relating to these Terms of Use or any aspect of the relationship between you and CSN, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that CSN and you are each waiving the right to trial by a jury. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online here. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

Summary:
Our Service is controlled and operated from San Francisco, California, and is only directed to people who live in the United States. If you access our Service from outside of the United States, it is your responsibility to comply with all local laws. Member Services are only available in the United States, and you may not purchase Member Services if you are located outside the United States. If there is a legal disagreement between us, arbitration will be used to resolve our disagreement, rather than a courtroom with a judge and jury. The arbitration will be subject to the laws of the United States and the State of California.

18. Export Control

The supply of good and services through the Service is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Service, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Service if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, Syria or any other country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting country,” (2) you are on the U.S. Treasury Department's Specially Designated Nationals List, the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or any of the other U.S. government lists of restricted end users, or (3) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or any other country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting country,” or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List or any of the other U.S. government lists of restricted end users.

Summary:
Our Service is subject to U.S. export controls and you are responsible for complying with these controls.

19. Miscellaneous

If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, including any terms and conditions incorporated herein, constitute the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms of Use are not assignable, transferable or sublicensable by you except with CSN’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

Summary:
This Section provides for a number of miscellaneous legal terms. Among other things, it specifies that these terms, including any terms and conditions incorporated into these terms, are the only agreement between us regarding our Service and how these terms are interpreted.