Terms and Conditions

Terms and Conditions of Use

This is an interactive website provided by Will2Love, LLC. Use of our website at www.Will2Love.com; of the online self-help programs: Sexuality and Fatherhood after Cancer, or Sexuality and Motherhood after Cancer; or use of telehealth coaching by a patient advocate or telehealth services by a psychologist licensed in the state in which you are located, and use of our training for health professionals (pro.Will2Love.com) (collectively, the “Services”) are all governed by the terms and conditions of this Agreement. Although accessible by others, the Services (which include content) are intended for access and use only by U.S. customers age eighteen and older. Please read these terms and conditions of use (the “Agreement”) carefully before accessing or using the Services. Throughout this Agreement, Will2Love, LLC is referred to as “we” or “us.”

General Terms and Conditions

By accessing or using the Services, you agree to bound by this Agreement as posted and accessible through our website at the time of your access or use and to use the Services in accordance with the terms and conditions of this Agreement, our Privacy Policy and any additional terms and conditions that are referenced herein or that otherwise may apply to specific features of the Services, or to products or services that we make available to you through the Services (all of which are deemed part of this Agreement). If you do not agree to the terms and conditions of use for the Services as set forth in this Agreement, you may not use the Services.

If we need to change the terms of this Agreement in the future, we shall post the revised Terms and Conditions of Use on our website and update the “Last Revised” date, below, to reflect the date of the changes. You agree to review these Terms and Conditions of Use each time you use the Services so that you are aware of any modifications made to this Agreement. By continuing to access or use the Services after we post such changes, you agree to the terms of this Agreement, as modified.

What Service does Will2Love, LLC Provide?

Will2Love maintains and hosts website content (including blogs, moderated forums, webinars, and links to external resources), and online self-help programs for men or women. These services provide education and help for individuals age eighteen or older who have concerns about cancer-related problems with sexuality or fertility. Forums also provide a social network for individuals age eighteen and older to exchange peer experiences or for health professionals to exchange opinions. These educational programs are intended for informational purposes only, and are not intended to replace, or substitute for, professional advice, counseling, diagnosis, or treatment. Always seek the advice of a qualified health provider with any questions you may have regarding a condition. Never disregard professional advice or delay in seeking it because of something you have read in this educational program.

Will2Love also offers a means to enable you to obtain certain health coaching or mental health care for cancer-related sexual or fertility concerns, via remote means. Will2Love facilitates the connection between you and a patient advocate (health coach) or in some cases a licensed mental health professional in the state where you are located, by phone or videoconferencing linked from the Will2Love.com website.

None of the Will2Love.com free or self-help program content, coaching from a patient advocate, or professional training materials should be considered mental health advice or an endorsement, representation or warranty that any particular treatment is safe, appropriate, or effective for an individual or couple.

How to Use Will2Love.com?

To comment on blogs, access the forums, register for live webinars, subscribe to one of our self-help programs (Sexuality and Fatherhood after Cancer, or Sexuality and Motherhood after Cancer), subscribe to our professional training, or schedule telehealth appointments, you first need to sign up to be a member of our online community. When signing up, you may be obligated to provide us with certain information, such as your name, email address, gender, status as a cancer survivor/partner or health care professional, and for subscriptions or telehealth sessions, credit card information. Upon successful completion of the sign up process, we will provide you with a personal account, accessible for you with a password of your choice.

You must be 18 years of age or older and reside in a jurisdiction in which we offer our Services to use the website, self-help programs, professional training, and telehealth services. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Services. You represent that you are of legal age to enter into a binding contract.

WILL2LOVE.COM’S WEBSITE CONTENT, SELF-HELP PROGRAMS, COACHING BY A PATIENT ADVOCATE, OR PROFESSIONAL TRAINING DO NOT CONSTITUTE THE PRACTICE OF THERAPY OR ANY OTHER LICENSED PROFESSION, AND DO NOT INCLUDE MENTAL HEALTH SERVICES.

The website identifies to you patient advocates or mental health care professionals who have contracted with us to provide telehealth coaching or mental health counseling for cancer-related sexuality or fertility concerns. They have also engaged us to provide administrative, scheduling, and other operational services. You may be able to select a patient advocate to provide health coaching, or a licensed, mental health care professional, to provide mental health counseling, if we have a professional in your state. Mental health care professionals engaged by you through the Application do not accept Medicare, Medicaid, or private insurance for services they provide under their agreement with Will2Love. In the event a mental health care professional agrees to provide you with services, Will2Love.com links to a company that has contracted with us to provide secure and private hosting of counseling services. These include videoconferencing sessions, scheduling of sessions, and billing on behalf of the mental health care professional. We make no representation or warranty to you that any advocate or mental health care professional will be available to perform mental health care services.

By scheduling an online appointment with a patient advocate or mental health professional on their calendar, you are signalling your desire to connect with that provider. will2love cannot guarantee that an appointment will not be cancelled or rescheduled. NOTE THAT the services are not intended to be used as a crisis hotline. if you believe you are having an emergency, please dial 911, go to the nearest emergency room, or contact the appropriate health care personnel.

WILL2LOVE, LLC DOES NOT INTERFERE WITH SERVICES PROVIDED BY ANY OTHER LICENSED PROFESSION. ANY MENTAL HEALTH CARE PROFESSIONAL IS RESPONSIBLE FOR HIS OR HER SERVICES AND COMPLIANCE WITH THE REQUIREMENTS APPLICABLE TO HIS OR HER PROFESSION AND LICENSE. THE MENTAL HEALTH CARE PROFESSIONAL WITH WHICH YOU ESTABLISH A TREATMENT RELATIONSHIP IS SOLELY RESPONSIBLE FOR PROVIDING YOU WITH SERVICES.

Your Use of the Services

You represent and warrant that the information you provide to us is accurate and complete. You acknowledge and agree that we are entitled at all times to verify the information provided and to deny your use of the Services at any time for any reason or no reason.

You may only access the Services using authorized means. Will2Love’s website content, our male and female self-help programs, and our professional training content can be viewed across most browsers and devices. However, we are not liable if you do not have a compatible device or if you schedule a video-based coaching or counseling session but do not have adequate bandwidth or security from your Internet provider.

By accessing or using any content or services from Will2Love, LLC, you further agree that:

You will only use the Services for your sole, personal use and you will not resell them to a third party;
You will not copy or distribute the Services or other Services content;
If you are a health professional, you will not give patients your login to your personal subscription to the self-help programs. If you believe a patient would benefit from using the programs you can advise the patient to set up his or her own subscription account;
You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party;
You will not use the Services for any purpose in violation of local, state, federal or international laws;
You will not use the Services as a means to distribute advertising or other unsolicited material to any third party;
You will not impersonate another person;
You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion;
You will comply with all applicable third party terms of agreement when using the Services (e.g., your wireless data service agreement);
You will ensure that no unauthorized person will have access to your username, passwords or accounts;
You will promptly notify us in the event your username, passwords or accounts have been compromised;
You will not assign or otherwise transfer your account to any other person or entity;
You will not try to harm the Services or impair the proper operation of the network in any way whatsoever; and
You will provide us with whatever proof of identity we may request.

We reserve the right to immediately terminate your use of the Services should you fail to comply with any of the foregoing rules.

Our Right to Use User-Provided Content

We may, in our sole discretion, permit you to post or submit content and other materials on the Will2Love.com website (collectively, “User-Provided Content”). You grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such User-Provided Content, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. Also, you grant us, and anyone authorized by us, the right to identify you as the author of any User-Provided Content submitted by you. You will not receive any compensation of any kind for the use of any User-Provided Content submitted by you.

You acknowledge that Will2Love, LLC only acts as a passive conduit for the distribution of the User-Provided Content and is not responsible or liable to you or to any third party for the content or accuracy of the User-Provided Content. You understand that we have no obligation to monitor any areas of the Services through which users can post User-Provided Content. However, we reserve the right at all times, in our sole discretion, to screen User-Provided Content and to edit, move, delete, and/or refuse to accept any User-Provided Content that in our judgment violates this Agreement or is otherwise unacceptable or inappropriate, whether for legal or other reasons.

Any use by you of the User-Provided Content is entirely at your own risk. You represent and warrant that any User-Provided Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or publicity rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the right to grant the license described above.

Payment

There is no charge to register with us or to use our online blogs, forums, webinars, or resources. You are charged only when you actually subscribe to one of our self-help programs or to the professional training, or if you schedule a consultation with a patient advocate or mental health care professional. Each patient advocate or mental health care professional charges certain fees for his or her time and services, but your payment to them includes a portion that is retained by us to provide administrative services. We reserve the right to introduce a fee in the future for website content that is currently free of charge to use. If we decide to introduce such a fee, we will inform you accordingly and allow you to either continue or terminate your account.

The rates that apply for subscriptions to our self-help programs, for coaching by patient advocates, or for mental health or consultation services provided by the licensed mental health care professionals can be found on our website. These may be modified or updated from time to time. It is your own responsibility to remain informed about the current rates for the services made available through Will2Love.com.

Will2Love, LLC or its affiliates shall, on behalf of a patient advocate or mental health care professional, charge you for the coaching or mental health services provided to you. You agree that you will pay for all services you receive from the patient advocate or mental health care professional, and that Will2Love.com may charge your credit card account, as provided by you when subscribing to our self-help programs, registering for health coaching, or for the mental health care services; including any taxes and late fees, as applicable, that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing Will2Love.com with a valid credit card account for payment of all fees at all times.

You understand and agree that for health coaching or mental health care provided on an appointment basis, you will be responsible for a missed appointment fee equal to the fees you would have paid for the scheduled services if you do not cancel a scheduled appointment at least 24 hours in advance.

We use a third-party payment processor (the “Payment Processor”) to link us to your credit card account. The processing of payments or credits, as applicable, in connection with your use of the self-help programs, coaching, or mental health counseling, will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. We are not responsible for any errors by the Payment Processor or your credit card issuer. In connection with your use of the Services, Will2Love, LLC will obtain certain transaction details, which we will use solely in accordance with our Privacy Policy.

At present we do not process any insurance claims, nor will the mental health care professionals process claims on your behalf. Although the consultations/treatments you receive from mental health care professionals through Will2Love, LLC or its affiliates may or may not be covered by your insurance, it is solely up to you to contact your health plan, determine whether coverage applies and submit a claim. You are responsible for the full fee (and for paying the fee in advance) regardless of whether you later are able to receive reimbursement from your health plan for part or all of the cost.

Intellectual Property Ownership

Will2Love, LLC alone (and its licensors, where applicable) shall own all right, title and interest, including all intellectual property rights, in and to the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the Services shall be owned solely and exclusively by Will2Love, LLC, and/or, as applicable, Will2Love, LLC’s third-party vendors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto, and you hereby assign to Will2Love, LLC any and all of your rights, title or interests in the Services or any modification to or derivative work of the Services. You shall not remove or authorize or permit any third party to remove any proprietary rights legend from the Services.

This Agreement does not constitute a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by Will2Love, LLC. Will2Love, LLC’s name, logo and the product names and logos associated with the Services are trademarks of Will2Love, LLC, its affiliated companies or third parties, and no right of license is granted to use them.

The materials on the website and in the self-help programs are copyrighted by us and/or other applicable rights holders. You may download and reprint a single copy of the materials for your own personal, noncommercial use only, provided that you keep intact all credits and copyright and other proprietary notices. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).

Application License

Subject to your compliance with the terms and conditions of this Agreement, Will2Love, LLC grants you a limited, non-exclusive, non-transferable license to use our website content, or the self-help programs (during periods of paid subscription) on a computer, tablet, or mobile device that you own or control; and to run such copy of the website or self-help program solely for your own personal use.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the website, self-help programs, or professional training materials in any way; (ii) modify or make derivative works based upon the website, self-help programs, or training materials; (iii) reverse engineer or access the website, self-help programs, or training materials in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the website or self-help programs, or (c) copy any ideas, features, functions or graphics of the website or self-help programs; or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services.

Disclaimer

THE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. ANY ACCESS TO OR USE OF THE SERVICES IS VOLUNTARY. WE WILL REGARD ALL ACCESS OR USE AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.

NOTHING CONTAINED IN THE FREE WEBSITE CONTENT OR SELF-HELP PROGRAMS, OR COACHING BY A PATIENT ADVOCATE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL OR MENTAL HEALTH ADVICE, DIAGNOSIS OR TREATMENT. The information provided in the website, self-help programs, or patient advocate coaching is intended to, among other things, help you connect to mental health care providers. Any information contained in the website, self-help programs, or patient advocate coaching should not be relied upon as the basis of any health care decision. The website, self-help programs, or patient advocate coaching do not constitute the practice of therapy, medicine, nursing or should be considered professional health care advice, diagnosis or treatment.

NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ THROUGH OUR WEBSITE OR SELF-HELP PROGRAMS, OR INFORMATION OBTAINED DURING COACHING BY A PATIENT ADVOCATE. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, YOU SHOULD CONTACT A NEARBY QUALIFIED HEALTH CARE PROFESSIONAL. HOWEVER, IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, PLEASE CALL 911 FOR EMERGENCY MEDICAL HELP.

We do not control, supply, endorse, warrant or guarantee any information, products, services or merchandise supplied by any of the providers identified in our Resource sections, or by a patient advocate or mental health care professional that you may connect with via the Services.

We also do not warrant or guarantee that files that may be available for downloading through the Services will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.

We, and our technology service providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. You use the website and self-help programs, or download any files at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Services. Users of the Services are responsible for maintaining a means external to the Services for the reconstruction of any lost data.

WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICES (INCLUDING ANY CONSULTATIONS OR OTHER SERVICES YOU MAY OBTAIN FROM PATIENT ADVOCATES OR MENTAL HEALTH CARE PROVIDERS THAT YOU CONNECT WITH VIA WILL2LOVE, LLC OR ITS AFFILIATES OR VIA PROFESSIONAL TRAINING MATERIALS). WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WILL2LOVE, LLC OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT, OR THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICES OR ANY SERVICES PERFORMED BY ANY PATIENT ADVOCATES OR MENTAL HEALTH CARE PROVIDER THAT YOU CONNECT WITH VIA THE SERVICES (INCLUDING CLAIMS OF MALPRACTICE AGAINST THOSE PATIENT ADVOCATES OR MENTAL HEALTH CARE PROVIDERS). TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND MALPRACTICE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

Right to Modify

We may at our sole discretion change, add, or delete portions of this Agreement at any time on a going-forward basis. Continued use of the Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Service, inclusive of such changes.

Indemnification

You agree to indemnify and hold harmless Will2Love, LLC, Will2Love, LLC’s affiliates, and each of its and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Services, violation of this Agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control the defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.

Modifications to, or Discontinuation of, the Services

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Services or any portion thereof.

Force Majeure

Will2Love will not be deemed to be in breach of these terms or liable for any breach of these terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.

Privacy

Your use of the Services is subject to Will2Love, LLC’s Privacy Policy. Please review this policy so you understand what information we collect through the Services, how we use it, how we secure it, and when we may share it.

We will comply with the applicable federal health care privacy and security laws and standards to maintain safeguards to protect the security of your health information. Contractors who perform services on behalf of Will2Love have signed agreements to adhere to the same federal and state privacy and security laws and standards, where applicable.

Will2Love strives to protect the confidential information of our users. Credit card numbers and payment information for self-help program or professional subscriptions is stored by PayLeap, a company providing secure accounts for businesses. When you make a credit card payment, any receipt from PayLeap or your credit card statement will list this service as W2L. People with access to your email account or credit card statements may view those receipts, including family members or people at your workplace.

Will2Love may use a program to track your web site usage. We are interested in the way that groups of users explore our web sites rather than in any individual’s pattern. We will not sell usage data to any third party.

You may save personal information during a subscription to a Will2Love self-help program when completing questionnaires or exercises. To protect your privacy, do not share your username or password with anyone, do not store them in the browser of a computer or tablet accessed by others in your household, and always log out of the website when you are finished with a session. Devices owned by your workplace may not be private, since companies have the right to monitor employees’ computer or phone usage. Will2Love’s phone and FAX lines, and our email, are encrypted for security. However, certain people may be able to view your online activity or access your email, including:

People in your home or other environments who can access your phone, computer, or other devices that you use to read and write messages
Your employer, if you use your work email to communicate with Will2Love
Third parties on the Internet such as server administrators and others who monitor Internet traffic

Notice of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (“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 materials appearing on this Web site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, Will2Love, LLC has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Will2Love, LLC, 1333 Old Spanish Trail, Suite G, #134, Houston, TX 77054 or by email to info@Will2Love.com.

Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters can be found elsewhere on our website or through the Application.

Company Structure

Will2Love, LLC is a corporation that administers services exclusively for Will2Love Psychologists, P.A. Will2Love, LLC is not licensed to practice psychology and must contract with one or more professional associations and/or licensed psychologists or patient advocates (health coaches) to provide telephone and online video visits to members.

Will2Love Psychologists, P.A. is a professional association owned by U.S. licensed psychologists that employs or otherwise contracts with one or more psychologists licensed in the practice of psychology. Will2Love Psychologists, P.A. purchases administrative services from Will2Love, LLC to assist with the operational and administrative functions related to providing telephone and video visit to members.

Miscellaneous

This Agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this Agreement and supersede all previous and contemporaneous agreements, proposals and communications, written or oral, related to that subject matter. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are available through Will2Love. In the event of any conflict between any such third-party terms and conditions and this Agreement, this Agreement will govern. This Agreement will be governed by and construed in accordance with the laws of the State of Texas, without regard to any conflicts of law provisions contained therein.

Any dispute arising under or relating in any way to this Agreement will be resolved exclusively by final and binding arbitration in Texas under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Texas for any action related to this Agreement.

This Agreement is personal to you and you may not assign it to anyone. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. This Agreement is not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, this Agreement may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Services or this Agreement must be filed by you within one year after such claim or cause of action arose or be forever barred. Any and all provisions of this Agreement that would reasonably be expected to be performed after the termination or expiration of this Agreement shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.

Last Revised: November 2016