WEB SITE TERMS AND CONDITIONS OF USE AGREEMENT
This Internet Web Site Use Agreement (the “Agreement”) is between you and HALOGEN, a television network, with a principal place of business at 3000 WorldReach Drive, Indian Land, SC 29707, USA. Use of the HALOGEN Internet web sites (the “HALOGEN Web Site”) signifies your agreement to the terms and conditions of use set forth below in the Agreement:
You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS HALOGEN WEB SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use the HALOGEN Web Site.
3. Modification of Agreement
The HALOGEN Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the HALOGEN Web Site, including, without limitations, text, comments, messages, video, graphics, interactive features, and all other materials contained thereon, including Submissions, as defined in Section 7 (collectively, “Content”) are protected by copyright, and are owned or controlled by HALOGEN, the party credited as the provider of the Content, respective licensees or advertisers.
Except as we specifically agree in writing, no Content from the HALOGEN Web Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the HALOGN Web Site, except that where the HALOGEN Web Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands.
In the event that we offer downloads of software on the HALOGEN Web Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
5. Streaming Media
6. RSS Feeds and Podcasts
The HALOGEN Web Site may provide RSS Feeds (“RSS Feeds”) consisting of selected Content, including without limitation text, audio, video, and photographic content (“Content”) from the HALOGEN Web Site that is provided over the Internet using an XML feed. Certain RSS Feeds may be podcasts (“Podcasts”) which may include as part of the Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a user’s device or transferred to a portable listening device. Certain software and hardware is required for users to download and view and/or play Content through RSS Feeds.
By your access to and use of RSS Feeds, you understand, acknowledge and agree that the HALOGEN Web Site, HALOGEN, our parent company, our licensees, assignees, distributors, agents, representatives, affiliates and other authorized users do not warrant that its RSS Feeds will operate on all user equipment. Please see the “Disclaimer of Warranties” and “Limitations of Liability” sections below for further details.
In these terms and conditions of, we use the word “Submissions” to mean text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, “Distribute”) on or through the HALOGEN Web Site.
There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. “Solicited Submissions” means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on the HALOGEN Web Site for our review or display and possible specifically-defined consideration or compensation (collectively, “Consideration”) (such as prizes or other value in games, sweepstakes, contests and promotions); and (b) that you Distribute on or through the HALOGEN Web Site for which you do not seek Consideration (such as through HALOGEN’s Web Communities as defined below in Section 9). “Unsolicited Submissions” are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.
HALOGEN shall not accept or consider Unsolicited Submissions so you should not Distribute Unsolicited Submissions on or through the HALOGEN Web Site. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. In any event, you agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any Consideration stated and identified in writing).
Except as expressly stated in these terms and conditions of, the provisions of these terms and conditions of apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our parent company, our licensees, assignees, distributors, agents, representatives, affiliates and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.
8. Licenses and Representations
You hereby grant us, our parent company, our licensees, assignees, distributors, agents, representatives, affiliates and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on the HALOGEN Web Site, on third party web sites, on our broadcast and cable networks and stations, on our broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Submissions License”).
By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform to the Comment Policy (see Section 11) and other requirements of these terms and conditions and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit such Submission in all manners contemplated by these terms and conditions of (including the Submissions License). These terms and conditions (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions.
To the extent that any Submissions you Distribute on or through the HALOGEN Web Site contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) and sound recordings contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you grant the Submissions License with respect to each and every musical composition (including lyrics) and sound recordings contained in such Submissions.
To the extent that we solicit Submissions through features or activities on or through the HALOGEN Web Site (including games, sweepstakes, contests, promotions and Web Communities (defined below) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms and conditions of.
To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce and to waive any such rights as to us or our licensees, distributors, agents, representatives, affiliates and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
9. Web Communities
Your comments, suggestions and information are important to us. Portions of the HALOGEN Web Site may provide you and other users an opportunity to participate in forum services, message board, instant messaging, mobile services, blogs, third-party social networking sites, web communities and other message and communication facilities (collectively, “Web Communities”) and may provide you with the opportunity, through such Web Communities or otherwise, to submit, post, display, transmit and/or exchange Submissions, which include without limitation information, ideas, opinions, messages or other information. You acknowledge that the Web Communities and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to any Web Community. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you Distribute on or through any HALOGEN Web Site under your username or otherwise by you in any Web Community and for the consequences of submitting and posting same. We have no duty to monitor any Web Community.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Web Community is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Web Community and we specifically disclaim any and all liability in connection therewith.
You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Submissions in any manner that we may determine.
The amount of storage space on the HALOGEN Web Site per user is limited. Some Submissions may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Submissions or any failure to store, receive or deliver Submissions in a timely manner or any other matter relating to Submissions.
Distributing Submissions through HALOGEN’s Web Communities is for noncommercial purposes only and you may not Distribute in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
In order to engage the Web Communities and Distribute Submissions on the HALOGEN Website, you must register as a user (“User” or “Users”) with HALOGEN and be at least eighteen years old. Users younger than thirteen are not allowed to view The HALOGEN Web Site except under the supervision of a parent or guardian. Your right to register is contingent upon your providing HALOGEN with true and complete information during the registration process. Your eligibility to register is automatically void where prohibited by law. Commercial businesses may not register with the HALOGEN Web Site unless they are pre-approved by HALOGEN. Your registration will take effect upon acceptance of your registration form by HALOGEN. Other terms and conditions may apply to your registration as posted from time-to-time on the HALOGEN Web Site. You may terminate your registration at any time, for any reason by following the instructions on the Manage Your Account page of the HALOGEN Web Site. HALOGEN reserves the right to reject and to terminate your registration and use of the HALOGEN Web Site at any time, for any reason without notice to you.
11. Commenting Policy
By using the HALOGEN Web Sites, you agree that you will not Distribute any Submission that:
1. is (a) defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
3. infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
4. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
5. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the HALOGEN Web Sites or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the HALOGEN Web Sites; or
6. (a) does not generally pertain to the designated topic or theme of the relevant Web Community; (b) violates any specific restrictions applicable to a Web Community, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
We cannot and do not assure that other Users are or will be complying with the foregoing Commenting Policy or any other provisions of these terms and conditions of, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any HALOGEN Web Site that violates these terms and conditions of (including the Commenting Policy) and (b) identify any User to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms and conditions of (including the Commenting Policy) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including any HALOGEN Web Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
12. Mobile Applications
If HALOGEN offers products and services through applications available on your wireless or other mobile device (such as a mobile phone) (the “Mobile Application Services”), these Mobile Application Services are governed by any additional terms governing the applicable Mobile Application Service (“Additional Terms”). We do not charge for these Mobile Application Services unless otherwise provided in the applicable Additional Terms. However, your wireless carrier’s standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your User account information to ensure that your messages are not sent to the person that subsequently acquires your old number.
Under no circumstances will HALOGEN, our parent company, our licensees, assignees, distributors, agents, representatives, affiliates and other authorized users be responsible for any wireless email, text messaging or other charges incurred by a User (or any person that has access to a User’s wireless device, telephone number, or email address) using any Mobile Application Services.
13. Disputes Between Users
The resolution of disputes that may arise between Users is the sole responsibility of the Users, and HALOGEN has no liability or obligation with respect to any such disputes.
“HALOGEN” and the “HALOGEN” logo are trademarks and/or service marks of HALOGEN. All other trademarks, service marks and logos used on the HALOGEN Web Site are owned by HALOGEN or used with permission of their respective owners.
15. Changes to HALOGEN Web Site
HALOGEN may change, suspend or discontinue any aspect of the HALOGEN Web Site at any time, including the availability of any HALOGEN Web Site feature, database, or content. HALOGEN may also impose limits on certain features and services or restrict your access to parts or all of the HALOGEN Web Site without notice or liability.
You represent, warrant and covenant that: (a) you will not upload, post, submit or transmit to or distribute or otherwise publish through the HALOGEN Web Site any materials which (i) restrict or inhibit any other User from using and enjoying the HALOGEN Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, hateful, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other codes, files or programs that are designed to disrupt, eradicate or limit the functions or operations of any computer software or hardware, or other electronic equipment, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) you are at least eighteen (18) years old.
17. Copyright Infringement Complaints
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent.
Name of Agent Designated to Receive Notification of Claimed Infringement: Karl Sawyer, Intellectual Property Counsel for HALOGEN
Full Address of Designated Agent to Which Notification Should be Sent:
Karl S. Sawyer, Esq.
Designated Agent for Halogen
214 North Tryon Street, 47th Floor
Charlotte, North Carolina 28202
Telephone Number of Designated Agent: (704) 331-5792
Facsimile Number of Designated Agent: (704) 353-3692
E-Mail Address of Designated Agent: email@example.com
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the HALOGEN Web Site, electronic mail to a User’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which HALOGEN may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
You hereby agree to indemnify, defend and hold HALOGEN, and all its officers, directors, agents, employees, information providers, subsidiaries, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, actions, damages, liabilities and costs (including, without limitation, attorneys’ fees and court costs) incurred by the Indemnified Parties in connection with or arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any claim. HALOGEN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of HALOGEN.
19. Web Links/Advertising
The HALOGEN Web Site contains links and pointers to the other related Internet sites, resources, advertiser, and sponsors of the HALOGEN Web Site. Links to and from the HALOGEN Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by HALOGEN or any of its subsidiaries or affiliates of any third party resources, or their contents. HALOGEN disclaims any and all responsibility for content contained in any third party materials provided through links from the HALOGEN Web Site.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from our advertisers, sponsors, or promotional partners (collectively, the “Advertisers”) as a result of your use of the HALOGEN Web Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
20. Ads and Malware
We take great care and pride in creating the HALOGEN Site. We are always on the lookout for technical glitches that effect how the HALOGEN Web Site works. When we find them on our end, we will attempt to fix them in a timely manner. Unfortunately, your home computer may cause some glitches that effect how you see our Site — and that is beyond our control.
If you experience any unusual behavior, content or ads on the HALOGEN Web Site, it may be the result of Malware on your computer. Malware — short for MALicious softWARE — is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the HALOGEN Web Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.
We are not responsible for the effects of any third-party software including Malware on your computer system. You should carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us at info@Halogentv.com.
21. Disclaimer of Warranties
THE HALOGEN WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE HALOGEN WEB SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HALOGEN, OUR PARENT COMPANY, OUR LICENSEES, ASSIGNEES, DISTRIBUTORS, AGENTS, REPRESENTATIVES, AFFILIATES AND OTHER AUTHORIZED USERS MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE HALOGEN WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE HALOGEN WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE HALOGEN WEB SITE OR ANY LINKED SITE. FURTHER, HALOGEN AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HALOGEN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE HALOGEN WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE HALOGEN WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HALOGEN, OUR PARENT COMPANY, OUR LICENSEES, ASSIGNEES, DISTRIBUTORS, AGENTS, REPRESENTATIVES, AFFILIATES AND OTHER AUTHORIZED USERS SHALL NOT BE LIABLE FOR THE USE OF THE HALOGEN WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
22. Limitation of Liability
HALOGEN, OUR PARENT COMPANY, OUR LICENSEES, ASSIGNEES, DISTRIBUTORS, AGENTS, REPRESENTATIVES, AFFILIATES AND OTHER AUTHORIZED USERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE HALOGEN WEB SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE HALOGEN WEB SITE, EVEN IF HALOGEN KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE HALOGEN WEB SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE HALOGEN WEB SITE AND/OR THOSE SERVICES.
23. Choice of Law; Jurisdiction
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NORTH CAROLINA, UNITED STATES OF AMERICA, WITHOUT REGARD TO CONFLICTS OF LAWS OR CHOICE OF LAW PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN CHARLOTTE, NORTH CAROLINA.
This Agreement constitutes the entire agreement between HALOGEN and you with respect to your use of the HALOGEN Web Site. You agree that any cause of action you may have with respect to your use of the HALOGEN Web Site must be commenced within one (1) year after the claim or cause of action arises, or else is irrevocably waived. Paragraph headings are for reference only and do not in any way define or limit the scope or meaning of such paragraph. If HALOGEN fails to take action concerning any breach by you of this Agreement, you agree that any such failure to act does not waive HALOGEN’s right to take action concerning any subsequent or similar breach. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.