This Site is provided by The First Whistleblower as a free service to the public.
We maintain this Site to provide you with information and to facilitate communication with
us and our related affiliates.
Please review the following Terms and Conditions that govern your use of our Site.
We require that all the visitors to our Site adhere to the following rules and regulations.
By accessing the Site you indicate your acknowledgment and acceptance of these terms and conditions.
- "Us", "We", "Our":
- Shall be used to refer to The First Whistleblower , it's employees and affiliates.
- "Site", "thefirstwhistleblower.com":
- Shall be used to refer to this WEB Site, owned and maintained by The First Whistleblower , that can be reached at http://www.thefirstwhistleblower.org and all pages and content contained therein.
- "Use", "Usage", "Access":
- Shall be used to refer to any and all methods of accessing this Site including but not limited to: intentionally visiting this Site by using the http://www.thefirstwhistleblower.org URL, or any page available within such; accessing by means of third party links from other sites or means; all automated methods such as programs or "robots"; any other means.
- "User", "Users", "You", "Your":
- Shall be used to refer to all persons accessing this Site in any manner, including but not limited to: persons accessing this Site by direct use of a computer or other electronic device; any and all automated methods such as programs or "robots"; any other means.
- "Online Agreement" and "Agreement":
- Shall be used to refer to this document and all Terms and Conditions contained herein and those incorporated by reference throughout this Site.
Your use of our Site constitutes your unconditional acceptance to follow and be bound by all Terms and Conditions of this Agreement. If you do not agree with any of these Terms and Conditions, please do not use this Site. We reserve the right, in our sole discretion, to modify this Agreement at any time without prior notice. Your use of the thefirstwhistleblower.org Site following any such change constitutes your unconditional acceptance of the Agreement as changed. If you "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the Agreement. For this reason, we encourage you to review these Terms and Conditions whenever you use this Site.
Your access and use of the Site is subject to the terms and conditions herein and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreement between you and us that may govern or affect your access and use of the Site, regardless of form, is null and void.
We maintain this Site for your information, education, convenience, and to communicate with us, our employees, and affiliates. You are encouraged to use and enjoy the Site, and with your use of the Site you agree to these Terms of Service, all Legal Notices, Disclaimers, and Terms and Conditions set forth herein. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.thefirstwhistleblower.org and the general principles for the Sites of our subsidiaries and affiliates.
This Agreement represents the complete agreement between you and us and supercedes any other Agreement between us any and other party, express or implied, unless such other Agreement is in writing and has been accepted and signed by you and one of our authorized corporate officers. Any other claims of agreements between You and us for use of this Site are null and void.
As a user of this Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Site and Content in accordance with these Terms of Service. The Company may terminate this license at any time for any reason.
You agree that you will not use the Site to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be someone else, or spoof us, our or someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted to or through our Site; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Site; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). You further agree to compensate us and any of our users or affiliates for any damages, direct and/or consequential, that may arise due to any misuse by you or your violation of any of the Terms and Conditions contained herein.
Certain sections of this Site require you to register. If registration is requested, you agree to provide us with accurate and complete registration information. It is your responsibility to inform us of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. In consideration of your use of the Site establishing your account, You agree to: (a) provide accurate, current, and complete information about You as may be prompted by a registration form on the Site; (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any information You provide to us, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Site.
We do not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise.
You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify us immediately by email or calling our toll free number. If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel service in our sole discretion.
You must read, agree with and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set forth herein and those incorporated by reference, before you may establish an account with us for use on our WEB Site.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or legal guardians. If you do not qualify, please do not use our Site. Further, your account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Currently, do not charge fees for establishing your account on our Site. In the event this should change or we introduce a new service, you will have an opportunity to review and accept the fees that you will be charged. The fees for any service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
We reserve the right to investigate complaints or reported violations of our Terms of Service, unauthorized or unlawful activities, and to take any action we deem appropriate. Including but not limited to reporting any suspected unauthorized or unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
We in our sole discretion, terminate or suspend your access to all or part of the Site, including, but not limited to, any forums on its Site, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding materials appearing on the Site, and the representations and warranties, indemnities, and limitations of liabilities set forth in this agreement shall survive any such termination.
These terms are effective unless and until terminated by either you or us. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. We also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in our sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. These terms are effective unless and until terminated by either you or us.
We may in our sole discretion change some or all of our services at any time. Information we publish on the World Wide Web may contain references or cross references to our products, programs, and services that are not announced or available in all areas. Such references do not imply that we intend to announce such products, programs, or services in your area. Not all of the products or services described on the Site are available in all geographic areas. You may not be eligible for all the products or services described. We reserve the right to determine the eligibility for any product or service.
Our obligations with respect to products and services are governed solely by the agreements under which they are provided. If you obtain a product or service from us off this Site that is provided without an agreement, that product or service is provided "AS-IS" with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.
We may also, in our sole discretion and at anytime, discontinue the The FirstWhistleblower Site, or any part there of, with or without notice. You agree that you do not have any rights in our Site and that we will have no liability to you if this Site is discontinued or your ability to access our Site is terminated.
We have an established and published Privacy Policy. By accessing this Site you acknowledge that you accept the Terms and Conditions set forth in such.
Click hear to read our Privacy Policy
We have a strict "ZERO SPAM TOLERANCE" Policy. Any person or entity sending any unsolicited advertisements, notices, offers, publications, or other such "spam" to any of our employees, to or through our systems, or to any of our users, in doing so agrees to pay us a fee of no less than $100,000.00 (USD) for each such message to compensate us for the unauthorized and unlawful use of our equipment, facilities, and materials. By accessing and/or using this Site, you acknowledge that this is a private and proprietary system and agree to waive any "Freedom of Speech" rights or protections that my entitle you to any unsolicited contact or messaging with any person or entity affiliated with us and this Site.
By access or use of this Site or any portion therein you acknowledge that any act of "spamming" constitutes an act of criminal trespass and thefts of goods and services against us, and in addition to any other remedy or enforcement we are entitled to, you will agree to a Court order baring you from the use of or access to any computer system, telephone, or other electronic communication device for a period of no less than 1 year, at your own expense and to repay us all costs incurred in the enforcement of any such action.
You are entirely responsible for all "content" that you upload, post, or otherwise transmit via the Site. By sending us any information or material, you grant us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this Site will be published or otherwise used with your name on it; or (c) we are required to do so by law.
Any bulletin board or forum postings, messages, suggestions, ideas, or concepts that are submitted shall become, and remain, our property. Furthermore, the we are not responsible for the confidentiality of any information communicated through this Site. By communicating materials through our Site, you are granting us a royalty-free, non-exclusive, perpetual, unrestricted, worldwide license to publish, transmit, perform and display the materials for any purpose, including, but not limited to, advertising and promotional purposes.
Although we may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, forums, and the like on the Site, we are under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any materials which maybe considered: unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane, abusive, or an invasion of privacy; an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity; materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; any materials that could be considered an advertisement or solicitation of funds, goods, or services.
We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. We reserve the right at all times to disclose any information necessary in our sole discretion to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, that in our sole discretion are objectionable, unlawful, deemed inappropriate or not in our best interest, or in violation of these terms and conditions.
As a participant, you shall not include in your Posting(s) or otherwise distribute on or through this Site any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organization without our express written permission. Any unauthorized use of any interactive area of this Site, its Content or Postings is expressly prohibited.
When you visit our site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We will attempt to deliver all of the e-mail that is addressed to you at the e-mail address you have supplied . However, the nature of e-mail is such that we cannot guarantee delivery of such e-mail.
Any links to external Web Sites and/or information provided on the pages of this Site or returned from our search engines are provided as a courtesy. They should not be construed as an endorsement by us of the content or views of the linked materials. We are not responsible for the content of any sites that may be accessed from links on our Site. These links are provided for your convenience only and you access them at your own risk.
We make no representations whatsoever about any other Web site which you may access through this one. When you access a another Web site, even one that may contain our logo, please understand that it is independent from us, and that we have no control over the content on that Web site. In addition, a link to another Web site does not imply and does not constitute sponsorship, endorsement, approval, or responsibility for the content, or the use of such. We make no representation or warranty as to any third-party products or services. No rights to use or copy the information on a third-party site are granted or implied.
This Site contains links to other sites which are meant to enable access to publicly available information for those who are allowed to use the thefirstwhistleblower.org Site only. We make no representations whatsoever about any other Web site which you may access through the ourcompany.com Site. When you leave our Site, please understand that we have no control over the content on that Web site.
You may obtain direct access via the Site to certain confidential information of us or our affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with us and our affiliates.
Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or Our written request, You must cease use of Confidential Information and return or destroy it.
We, our affiliates, and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights.
Content included on or comprising this Site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, names, addresses, phone numbers, contact information, and other material (collectively "Content") are our property and protected by copyrights, trademarks, patent or other proprietary or intellectual property rights, and these rights are valid and protected in all forms, media and technologies existing now or herein after developed.
It is strictly prohibited to collect, copy, use, modify, transmit, distribute, reuse, repost, "frame" or use the content of the our Site including the text, images, audio and/or video for public or commercial purposes without expressed written permission from a corporate officer or authorized representative of us.
All materials on this Site, including, but not limited to, pages, screens, text, documents, forms, images, logos, illustrations, audio clips, video clips, and other materials and content are protected by copyrights which are owned or licensed by us. The First Whistleblower and thefirstwhistleblower.org are trademarks of The First Whistleblower. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any materials from this site or any other Site owned or operated by us without our prior written permission.
However, you may download or copy the materials and other downloadable items (such as forms) available on the Site, for the express purpose of completing such forms in order to transact business directly with us, provided all copyright and other notices contained in the materials are left intact. Any modification of the materials, or any portion thereof, or use of the materials for any other purpose constitutes an infringement of our copyrights and other proprietary rights. Use of these materials on any other Site or other networked computer environment is prohibited without prior written permission from us.
You should assume that all Content is copyrighted as a collective work under the U.S. and international copyright laws, and we own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such Content. Except as expressly authorized or licensed, you may not use, copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
You are granted a limited, non-exclusive right to create a hypertext link to this Site found at http://www.thefirstwhistleblower.org provided such link does not portray us and/our affiliates or any of their respective products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose our trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of us or any third party.
You may provide links only to the homepage of this Site, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, including its advertisements, the terms of use, the copyright notice, or other notices on this Site, (b) you give us prior notice of such link by sending an e-mail to us at the appropriate address listed on our Contact Us page and (c) you discontinue providing links to this Site if requested by us. If you wish to provide links to a section within this Site, you should forward your request to us and we will notify you if permission is granted, and if so the terms and conditions of the permission.
The information on this Site may contain typographical errors or inaccuracies and may not be complete or current. We do not represent or warrant that this Site or the Content will be error-free or that defects will be corrected or that it will always be accessible. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your funding request). Please note that such errors, inaccuracies or omissions may relate to service description, pricing and availability. We do not warrant or represent that the Content available on or through this Site will be correct, accurate, timely, or otherwise reliable. We may make improvements and/or changes to its features, functionality or Content at any time. While we use reasonable efforts to include accurate and up-to-date information on the Site, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the content on the Site.
All information is provided by us on an "as is" basis only. We provide no assurances that any reported problems may be resolved with the use of any information that we provide. By furnishing information, we doe not grant any licenses to any copyrights, patents or any other intellectual property rights. We provide no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability and non-infringement
This Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Site is accurate and complies with applicable laws. We will not be responsible for the illegality of or any error or inaccuracy in advertisers or sponsors materials or for the acts or omissions of advertisers and sponsors.
The Content of this Site is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed. If you have a question concerning the legality or applicability of such to your local area, you should consult a qualified legal professional in your locale.
Your use of Content on this Site or materials linked from this Site is at your own risk. The information provided is general and may or may not reflect current legal developments and no warranties or guarantees are made as to the accuracy or adequacy of the information provided. No attorney-client or other professional relationship of any nature is created by participation in any area or offering at this Site. Do not act on or rely on any information from this site without consulting with a licensed attorney as this Site is not a substitute for obtaining appropriate legal advice from competent, independent legal counsel in the relevant jurisdiction.
You agree to indemnify and hold us and our subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any all claims, demands, losses, damages, costs and expenses, including reasonable attorneys' fees, related to your use this Site or made by any third party due to or arising out of Your content, Your use of or connection to the Site (including any use by You on behalf of Your employer), Your violation of the Terms, or Your violation of any rights of another.
You are solely liable for any content, messages or other information you transmit, provide or upload to this Site. You agree to indemnify and hold us harmless from any third party claim, action, demand, loss, or damages (including attorney's fees and costs) arising out of or relating to your violation of these Terms of Service, your use of the Site, or your violation of any rights of a third party.
YOU EXPRESSELY UNDERSTAND AND AGREE THAT:
This Site is operated on an "as is," "as available", "with all faults" basis. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk. To the full extent permitted by law, we and our affiliates disclaim any and all representations and warranties with respect to this Site and its contents, whether express, implied, or statutory, including, but not limited to, warranties of title, non-infringement, merchantability and fitness for a particular purpose or use.
We do not endorse nor make any warranties or representations about the options or other service or data you may access, download or use as a result of the use of the information contained on this Site, or about any Site you may access through this Site. Links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other Site.
We make no warranty or representation that: (a) the Site will be uninterrupted, timely, Secure, or error-free; (b) the results that may be obtained from the use of the Site will be accurate or reliable; (c) the quality of any products, services, content, information, or other material purchased or obtained from the Site will meet your expectations or requirements; or (d) any errors in the Site will be corrected.
We disclaim all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from this Site and its content, including but not limited to technical inaccuracies and typographical errors, (b) any third party web sites or content therein directly or indirectly accessed through links in this Site, including but not limited to any errors in or omissions there from, (c) the unavailability of this Site or any portion thereof, (d) your use of this Site, or (e) your use of any equipment or software in connection with this Site. You assume all risk for any damage to your computer system or loss of data that results from obtaining any content from the Site, including any damages resulting from computer viruses.
This disclaimer constitutes an essential part of this agreement. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.
YOU EXPRESSELY UNDERSTAND AND AGREE THAT:
We shall not be liable for any, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, failure to realize expected savings, or other intangible losses (even if thefirstwhistleblower.org has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) invalid destinations, transmission errors, or unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) your failure to receive any third party services or products requested through the services or (vi) any other matter relating to the service.
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall we or any of our affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use this Site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction.
Neither we, nor our officers, directors, employees, agents, distributors, nor affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on this web Site.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. To the extent the foregoing limitation of liability is prohibited or fails of its essential purpose, our sole obligation to you for damages shall be limited to $100.00.
We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Service, including but not limited to the; (a) any remedies listed herein, (b) right to block access from a particular Internet address to Our Site and its features, (c) all legal fess and cost incurred in pursuing such remedies.
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Any dispute raise by You relating in any way to your visit to our site or to products or services you obtain through us shall be, at our option, submitted to confidential arbitration in Phoenix, Arizona, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Arizona, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
If any provision of this Agreement is held to be unlawful, void, or unenforceable for any reason, we may reform or exclude such provision only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. Our failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches.
This agreement shall be governed by and construed in accordance with the laws of the State of Arizona, as it is applied to agreements entered into and performed within that State. By accessing and using this Site, you agree that your access to and use of this Site is subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the State of Arizona, United States of America. Any action arising out of or relating to these terms or Your use of this Site shall be filed only in state or federal courts located in Phoenix, Arizona and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. This Site is controlled and operated from our headquarters in Phoenix, Arizona. We do not represent or warrant that materials on the Site are appropriate or available for use in other locations. If you choose to access this Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.
By visiting this Site, you agree that the laws of the state of Arizona, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and us or our affiliates.
We may at any time revise these Terms of Service by updating this posting. Updated versions of the Terms of Service will appear on this Site and are effective immediately. Continued use of the Site after any such changes constitutes your consent to such changes. You are responsible for regularly reviewing the Terms of Service any such revisions and should therefore periodically visit this page to determine the then current Terms of Service to which you are bound.
These Terms of Service represent the entire agreement between you and us regarding your relationship with us and supercede any prior statements or representations. By using our Site, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. If you are dissatisfied with the Site or any content on the Site or with these Terms of Service, your sole and exclusive remedy is to discontinue using this Site.
Last modified: December 1, 2003