Terms of Purchase

Last Modified: January 20, 2023

2023 TERMS OF PURCHASE

To the extent you purchase any Training Program, Membership, Websites, Workshop, or Products (digital and physical) used by or from The Moon Deck (Amoona, LLC), these Terms of Purchase will apply. The Course, Training Program, Workshop, or Membership will include the content and materials provided by us in connection with any Purchase, Scholarship, or Gift. Unless otherwise expressly defined below, the capitalized terms used herein have the meaning assigned to them in the Terms of Service. These Terms of Purchase do not limit the Terms of Service and are in addition thereto, and in the event of a conflict between the Terms of Service and these Terms of Purchase, these Terms of Purchase will control. By purchasing access to Training Program, Membership, Websites, Workshopor Products (digital and physical) you hereby agree to these Terms of Purchase and the Terms of Service.

1.1 Enrollment. To participate in any Training Program, Membership, Websites, Workshop, or Product (digital and physical) you must enroll and make full payment of the Fee and any other amounts set forth herein by any Payment Method made available to you prior to the end of the Enrollment Period. We reserve the right to modify the Enrollment Period at any time and without notice.

The fees for the current Training Program are set forth as follows: (i) USD$888, or otherwise noted, by any Payment Method.

The fees for the current Membership are set forth as follows: (ii)USD$33, USD$44, or USD$55 dependent on user's choice, by any Payment Method. 

1.2 Payment. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account by a third party. All fees are payable in U.S. Dollars, and for purposes of clarity, you will be responsible for all exchange rate fluctuations. The User hereby authorizes The Moon Deck (Amoona, LLC) to bill the User’s Payment Method upon confirmation of a purchase, and the User further agrees to pay any charges so incurred. The User shall be responsible for all taxes associated with the Service other than U.S. taxes based on The Moon Deck's (Amoona, LLC) net income. If a User disputes any charges, the User must let The Moon Deck (Amoona, LLC) know within thirty (30) days after the date that The Moon Deck (Amoona, LLC) charges the User, otherwise, such User hereby waives any and all such claims. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your User Account, we may suspend your access to the Training Program, Membership, Websites, Workshop, or Products (digital and physical) until we have successfully charged a valid Payment Method. For some Payment Methods, your issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Service Provider for details. 

1.3 Payment Service Provider Terms. Payments for Training Program, Membership, Websites, Online Platform, or Products (digital and physical) may be processed using one of our Payment Service Providers. By enrolling in or purchasing the Training Program, Membership, Websites, Workshop, or Products (digital and physical) you agree to be bound by each Payment Service Provider’s service agreement. For example, in the case of Stripe, you agree to be bound by Stripe’s Services Agreement available at https://stripe.com/us/legal. The Moon Deck (Amoona, LLC) does not view or store your full credit card information. For all purchases, our Payment Service Providers will collect your Payment Method details and charge your Payment Method.

1.4 Representations and Warranties. You represent and warrant that (i) the User Account, order, and Payment Method information you supply to us or our Payment Service Providers, as applicable, is true, correct and complete, (ii) you are duly authorized to use such Payment Method for the purchase, (iii) charges incurred by you will be honored by your Payment Method, (iv) you will pay all charges incurred by you at the posted prices, including all applicable taxes, if any, (v) you will not transfer the Training Program or password to anyone else, and (vi) you will report to us any unauthorized or prohibited access or use of the Training Program through your User Account.

1.5 Notice of Change. If any of your User Account, order, or Payment Method information changes, you agree to promptly update this information, so that we or our Payment Service Providers may complete your transactions and contact you as needed. We are not liable for any unauthorized use of your credit card, debit card, or other Payment Method by a third party in connection with your use of the Site or the Service.

1.6 Refund Policy for Training Program. No refunds will be offered until the Training Program starts. To be eligible for a refund for your enrollment and purchase of the Training Program, you must: (i) have purchased the Training Program in 2023 and (ii) submit your refund request to hello@themoondeck.com by 11:59 P.M. Pacific US Time 7 days after enrollment. All sales that do not meet this requirement are final and refunds will not be permissible. 

(iii) For us to consider your Refund Request, you must include proof of your completed course work with the understanding that you are not getting beneficial results after fully applying yourself. It will be reviewed by us within seven (7) business days of our receipt of the refund request and all information required by us in connection with the refund request.

1.7 Refund Policy for Membership. No refunds will be offered for completed months. Please discontinue your Membership before the date of original Purchase, as all charges will happen on the date of each new month based on original Purchase. 

1.8 Refund Policy for Product (digital and physical)The Moon Deck (Amoona, LLC) accepts returns, but your return cannot be used and must be in its original condition and shipped back in its original packaging within 7 days of when you receive your order. Customers are responsible for all shipping costs. We do not refund shipping costs and do not pay for return shipping costs. Once we receive your return and confirm that it is in its original condition and packaging, we will process your refund. Please note that customers who enter incorrect shipping addresses or refuse delivery due to customs or other shipping fees will receive their refund minus any "return-to-sender" fees imposed by the shipping company once the order is returned to us. If you need to make a return, please email us at hello@themoondeck.com.  Include your order number, full name, original shipping address, and reason for return in your email. Please email us with the tracking number once you ship your returned item back to us so that we know when it will arrive. Your return must have a postmark date that is within seven days of when your package was delivered to you. If you receive a damaged or incorrect product, please contact us within 7 days of delivery and we will send you a replacement. 


Refunds will be initiated in our sole discretion and if accepted will be applied to your original Payment Method. Refunds will not be applied if you fail to meet all items (i) through (iii) (inclusive) above. Refunds will be subject to a deduction for all physical products and shipping, plus, any virtual products and administrative fees.

Other than this limited right to cancellation and refund, your enrollment and purchase of the Membership and Training Program is non-cancellable and non-refundable. In the event that The Moon Deck (Amoona, LLC) suspends or terminates your User Account, your access to the Membership or Training Program or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a Membership or Training Program, any license or fees for any portion of the Membership or Training Program, any content or data associated with your User Account or enrollment in Membership or Training Program, or for anything else. Please note that refunds are not issued for class sessions or elements of the Membership or Training Program you miss or if you withdraw from the Membership or Training Program.

 

2.1 Community Guidelines:

The Moon Deck's (Amoona, LLC) community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Training Program, Membership, Websites, Workshop, or Products (digital and physical) used to foster community and support The Moon Deck's (Amoona, LLC) staff doing its duty, you agree to comply with these community guidelines (the “Community Guidelines”) and that:

You will comply with all applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose;

  • You will not upload, post, email, transmit, or otherwise make available any content that:
  • infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
  • is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
  • discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
  • You will not “stalk,” threaten, or otherwise harass another person;
  • You will not spam or use the Websites to engage in any commercial activities;
  • ​If you post any Registered User Content, you will stay on topic;
  • ​You will not access or use the Websites to collect any market research for a competing business;
  • ​You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • You will not interfere with or attempt to interrupt the proper operation of the Websites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means;
  • ​You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Websites;
  • You will not use any robot, spider, scraper, or other automated means to access the Websites for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Websites for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
  • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
  • You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Training Programs, Membership, Workshops, Websites or any portion of the Websites, or any Product (digital and physical) without notice, and to remove any content that does not adhere to these Community Guidelines.

 

3.1 Intellectual Property: 

The Training Program, Membership, Websites, Workshop, or Products (digital and physical) contain material, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of The Moon Deck (Amoona, LLC) (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

 Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use. Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content (other than your own Registered User Content that you post to the Websites), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of The Moon Deck (Amoona, LLC). The Moon Deck (Amoona, LLC) retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited. 

If you violate any part of this Agreement, your permission to access and/or use the Content and the Websites automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of The Moon Deck (Amoona, LLC) (The Moon Deck Trademarks”) used and displayed on the Websites are registered and unregistered trademarks or service marks of The Moon Deck (Amoona, LLC). Other company, product, and service names located on the Websites may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with The Moon Deck (Amoona, LLC). Trademarks, the “Trademarks”). Nothing on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of The Moon Deck (Amoona, LLC).Trademarks inures to our benefit. 

Elements of the Websites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

 

4.1 Registered User Content; Licenses

As noted above, the Websites provides Registered Users the ability to post and upload Registered User Content. You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Websites, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT THE MOON DECK (AMOONA, LLC), ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITES, AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH YOUR REGISTERED USER CONTENT.

You retain all copyrights and other intellectual property rights in and to your own Registered User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Websites, The Moon Deck (Amoona, LLC), and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.
If you submit Registered User Content to us, each such submission constitutes a representation and warranty to The Moon Deck (Amoona, LLC) that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant the license to the Registered User Content under the prior paragraph, and that it and its use by The Moon Deck (Amoona, LLC) and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.

 

5.1 Communication with Us:

Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

6.1 No Warranties, Limitation of Liability: 

THE WEBSITES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITES WILL OPERATE ERROR-FREE OR THAT THE WEBSITES, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE WEBSITE FROM WHATEVER CAUSE, AND YOU AGREE THAT YOU USE THE CONTENT AND THE WEBSITES AT YOUR OWN RISK; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (III) WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR USE OF THE WEBSITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS UNLESS REQUIRED BY APPLICABLE LAWS.

THE WEBSITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITES. THE WEBSITES MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITES AT ANY TIME WITHOUT NOTICE.

 

7.1 External Links:

The Websites may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

 

8.1 Representations; Warranties; and Indemnification:

(a) If you are a Registered User, you hereby represent, warrant, and covenant that:

  • You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your Registered User Content and any other works that you incorporate into your Registered User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;
  • Use of your Registered User in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
  • You shall not submit to the Website any Registered User Content that violates our Community Guidelines set forth above or any other term of this Agreement.

(b) You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use or misuse of the Content or the Websites; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

 

9.1 Compliance with Applicable Laws:

The Websites are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Websites or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

 

10.1 Termination of Agreement:

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Programs, Websites, Membership Portals, or any Online Platform we use at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Programs, Websites, Membership Portals, or any Online Platform at any time without prior notice or liability.

 

11.1 Digital Millennium Copyright Act

The Moon Deck (Amoona, LLC) respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows (mailing address only, LLC in NY): 

The Moon Deck 
369 Montezuma Ave #301
Santa Fe, New Mexico
info@themoondeck.com 

If you believe that your work has been copied on the Programs, Websites, Membership Portals, or any Online Platform in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Websites where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

 

12.1 Controlling Law

This Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.

 

13.1 Binding Attribution:

In the event of a dispute arising under or relating to this Agreement, the Content, or the Websites (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules www.adr.org and Procedures and in accordance with the Expedited Procedures in those rules,or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 18 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

 

14.1 Class Action Waiver:

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

 

15.1 Equitable Relief:

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York, Borough of Manhattan for purposes of any such action by us.

 

16.1 Miscellaneous:

YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITES, THE CONTENT, OR THIS AGREEMENT MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Fees and Payment” (until you pay all fees and taxes due hereunder), “Intellectual Property,” “Registered User Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Representations; Warranties; and Indemnification,” “Termination of the Agreement,” “Controlling Law,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” and “Miscellaneous.” Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

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