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VietMedia User Agreement
Content
Guidelines and Member Terms of Service.
Specifically, we do not allow any nudity or pornography
By
using Vietmedia
chat services (Vietmedia Chatting),
and/or Vietmedia Internet searching services, you agree to
the terms and conditions of service contained in this agreement (the
Agreement). Make sure that you read the following document completely
and carefully, because, by pressing the accept button, you will have
agreed to all the terms and conditions in this Agreement. Please note
that PeopleNET is the owner of the
www.vietmedia.com web site, the www.PeopleNET.com web site,
Vietmedia Chatting, and Vietmedia Internet
searching services.
SUMMARY
You
agree not to use either the Vietmedia Chatting,
or Vietmedia Internet searching services for illegal
purposes or for the transmission of material that is illegal, harassing,
libelous, invasive of another's privacy, abusive, threatening, harmful,
obscene, or otherwise objectionable, or that infringes or may infringe
any other person or entity's intellectual property or other rights.
You
agree to provide true and correct information about yourself in the
Vietmedia Chatting registration form(s).
You
agree that PeopleNET and its designees, assignees,
or successors (PeopleNET) may in their sole discretion terminate your
account if they believe you have violated this Agreement.
You
agree to report any violations of this Agreement to PeopleNET.
If
you are under the age of 18 years, you agree to get permission from at
least one of your parents or your guardian before you give personally
identifying information to others via the Internet using PeopleNET
services, and you agree to read the Vietmedia Privacy Policy posted at
www.vietmedia.com.
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Detailed
Terms and Conditions
I.ACKNOWLEDGMENT AND ACCEPTANCE
The
Vietmedia Chatting, and Vietmedia
Internet searching services (the Services), are owned by PeopleNET and
are provided to you (the Member) under the terms and conditions of this
Agreement and any amendments to the Agreement and any operating rules or
policies (the Total Agreement) that may be published from time to time
by PeopleNET. The Total Agreement comprises the entire agreement between
Member and PeopleNET and supersedes any prior agreements pertaining to
the subject matter contained herein. BY COMPLETING THE REGISTRATION
PROCESS AND CLICKING THE I ACCEPT BUTTON, YOU ARE AGREEING TO BE BOUND
BY THE Total Agreement.
II.DESCRIPTION OF SERVICES
PeopleNET
is providing Member with the capability to
participate in chat rooms, chat sessions, and forums on the
World Wide Web using the Vietmedia Chatting system, and to search the
Internet using the Vietmedia search engine. PeopleNET does not charge
Member for the Services (though PeopleNET may in the future charge a fee
for use of the Services, and though Member may be charged if Member
elects to enroll in premium PeopleNET services). Member must: (a)
provide for Member's own access to the World Wide Web and pay any
service fees associated with such access, and (b) provide all equipment
necessary for Member to make such connection to the World Wide Web,
including a computer and modem.
III.MEMBER'S REGISTRATION OBLIGATIONS
In
consideration of PeopleNET providing the Services, Member agrees to: (a)
provide true, accurate, current and complete information about Member as
prompted by the Services, and (b) maintain and update this information
to keep it true, accurate, current and complete. This information about
Member shall be referred to as Registration Data. If Member provides any
untrue, inaccurate, not current, or incomplete information, PeopleNET
reserves the right to terminate Member's account and refuse any and all
current or future use of the Services.
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IV.USE OF REGISTRATION DATA
Member
agrees that PeopleNET may disclose Registration Data and information
about Member's use of the Services provided that such disclosures do not
include Member's name, mailing address, email address, telephone or
facsimile number, or account number, except as authorized by Member or
Member's representative, or as required by law or legal process, or as
set forth in Paragraph VI below.
V. MODIFICATIONS TO THE TOTAL AGREEMENT AND TO SERVICES
A. The Total Agreement.
PeopleNET
may change the Total Agreement from time to time.Member will be
notified of any changes to the Total Agreement by a startup screen
describing the changes, by a general notice posted on PeopleNET's web
site, by electronic mail to Member's Vietmedia Email address on record
in PeopleNET's account information, and/or by written communication sent
by mail to Member's current address of record in PeopleNET's account
information. By clicking on the I Accept button that follows the posted
changes, Member agrees to be bound by the modifications to the Total
Agreement, and/or Member's continued use of the Services constitutes an
affirmative: (1) acknowledgment by Member of the Total Agreement and its
modifications, and (2) agreement by Member to abide and be bound by the
Total Agreement and its modifications. If Member does not click the I
Accept button, PeopleNET may terminate Member's account.
B. The Services.
PeopleNET
reserves the right to modify or discontinue, temporarily or permanently,
the Services with or without notice to Member. This includes the right
of PeopleNET to charge a fee for any or all of the Services, to
institute new fees or charges, and to change the Services. Member agrees
that PeopleNET shall not be liable to Member or any third-party for any
modification or discontinuance of the Services.
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Member will be notified
of any changes to the Services by a startup screen describing the
changes, by a general notice posted on PeopleNET's www.vietmedia.com web
site, by electronic mail to Member's Vietmedia Email address on record
in PeopleNET's account information, and/or by written communication sent
by mail to Member's current address of record in PeopleNET's account
information. By clicking on the I Accept button that follows the posted
changes, Member agrees to be bound by the modifications to the Services,
and/or Member's continued use of the Services constitutes an
affirmative: (1) acknowledgment by Member of the modifications to the
Services, and (2) agreement by Member to abide and be bound by the Total
Agreement and any modifications. If Member does not click the I Accept
button, PeopleNET may terminate Member's account.
VI.PeopleNET/VIETMEDIA PRIVACY POLICY
PeopleNET
considers email and chat communications transmitted via the Services to
be the private correspondence between the sender and recipient.
PeopleNET will not monitor, edit or disclose the contents of a Member's
private communications, except that Member agrees PeopleNET may do so:
(a) as required by law; (b) to comply with legal process; (c) if
necessary to enforce the Total Agreement; (d) to respond to claims that
such contents violate the rights of third-parties; (e) to protect the
rights or property of PeopleNET or others; and (f) under exigent
circumstances, to protect the personal safety of its users or the
public.
Member
understands and agrees that technical processing of email and chat
communications is and may be required (a) to send and receive messages;
(b) to conform to the technical requirements of connecting networks; (c)
to conform to the limitations of the Services; or (d) to conform to
other, similar technical requirements.
Member
acknowledges and agrees that PeopleNET does not endorse the content of
any Member communications and are not responsible or liable for any
unlawful, harassing, libelous, privacy invading, abusive, threatening,
harmful, vulgar, obscene, or otherwise objectionable content, or
content that infringes or may infringe the intellectual property or
other rights of another or that may facilitate any crime.
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VII.
MEMBER ACCOUNT, PASSWORD AND SECURITY
Member
will receive a password and account designation upon completing the
registration process. Member is responsible for maintaining the
confidentiality of the password and account, and is fully responsible
for all activities which occur under Member's password or account.
Member agrees to immediately notify PeopleNET of any unauthorized use of
Member's password or account or any other breach of security.
Member
agrees not to give Member's password and/or account designation to
anyone in a chat room. Any Member, especially those under the age of 18
years, should be very careful not to give personal information to
strangers in chat rooms.
VIII.MEMBER CONDUCT
A.
General Requirements.
Member
agrees to abide by all applicable local, state, national, and
international laws and regulations in Member's use of the Services, and
agrees not to interfere with the use and enjoyment of the Services by
other members. Member agrees to be solely responsible for the contents
of Member's transmissions through the Services.
Member
agrees not to transmit through the Services any unlawful, harassing,
libelous, privacy invading, abusive, threatening, harmful, vulgar,
obscene or otherwise objectionable material of any kind. Member agrees
not to transmit any material that violates the rights of another,
including but not limited to the intellectual property rights of
another. Member shall not interfere with another member's use and
enjoyment of the Services or another person or entity's use and
enjoyment of similar services. Member agrees not to transmit any
material that violates any applicable local, state, national, or
international law or regulation, or that encourages conduct that could
constitute a criminal offense, give rise to civil liability, or
otherwise violate any applicable local, state, national, or
international law or regulation. Member agrees not to attempt to gain
unauthorized access to other computer systems or networks connected to
the Services.
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Member
agrees (a) not to use the Services for illegal purposes; (b) not to
interfere with or disrupt the Services or servers or networks connected
to the Services; (c) to comply with all requirements, procedures,
policies and regulations of networks connected to the Services; and (d)
to comply with all applicable laws regarding the transmission of
technical data exported from the United States.
The
Services make use of the Internet to send and receive messages;
therefore, Member's conduct is subject to Internet regulations,
policies, and procedures. Member agrees not to transmit junk mail, spam,
chain letters, or unsolicited mass distribution of email.
B.
Content Limitations.
Member
agrees to refrain from using the Services (or any of them) for any or
all of the following activities: (a) displaying material containing
nudity or pornographic material; (b) providing expressions of bigotry,
prejudice, racism, hatred, or profanity; (c) promoting or providing
instructional information about illegal activities, promoting physical
harm or injury against any group or individual, or promoting any act of
cruelty to animals; (d) defaming any person or group;(e) providing
commercial services, including but not limited to the following: (1)
offering for sale any products or services, (2) soliciting for
advertisers or sponsors, (3) displaying a sponsorship banner of any
kind, including those that are generated by banner or link exchange
services, with the exception of those requested to be displayed by
PeopleNET, (4) displaying banners for services that provide cash or
cash-equivalent prizes to members in exchange for hyperlinks to their
web sites, (5) promoting or soliciting for participation in multilevel
marketing or pyramid schemes, and (6) conducting raffles or contests
that require any type of entry fee; (f) displaying material that
exploits people under 18 years of age; (g) developing restricted or
password-only access pages, or hidden pages or images (those not linked
to from another accessible page); (h) using your page (or directory) as
storage for remote loading or as a door or signpost to another home
page, whether inside or beyond www.PeopleNET.com or www.vietmedia.com;
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(i)
committing, inducing, or contributing to acts of copyright, trademark,
patent, trade secret or other intellectual property infringement,
including but not limited to offering pirated computer programs or links
to such programs, information used to circumvent manufacturer-installed
copy-protect devices, including serial or registration numbers for
software programs, or any type of cracker utilities (this also includes
files which are solely intended for game emulation); (j) violating
Internet standards for the purpose of promoting your home page; (k)
developing home pages or session posts that consist of hyperlinks to
content not allowed in www.PeopleNET.com or www.vietmedia.com; (l)
having multiple PeopleNET or Vietmedia accounts that are within the
same PeopleNET or Vietmedia neighborhood or which have the same theme;
(m) using www.PeopleNET.com or www.vietmedia.com or the PeopleNET
Services for the purpose of gathering personally identifiable
information for commercial or unlawful purposes; and (n) posting or
disclosing any personally identifiable information belonging to
children.
C.Termination for Failure to Conform.
PeopleNET
may, at its sole discretion, immediately terminate Services to Member
should Member's conduct fail to conform with these terms and conditions
of the Total Agreement.
IX.
VIETMEDIA CHATTING REQUIREMENTS AND LIMITATIONS
Member
is entirely responsible and liable for all of Member's activities
conducted through any Vietmedia Chatting chat or forum session in which
Member participates. Member agrees not to violate Section VIII above or
do any of the following actions while using Vietmedia Chatting: (a)
harass, threaten, embarrass, or cause distress or discomfort upon
another Vietmedia Chatting participant, user or other individual or
entity, including the use of blatant expressions of bigotry, racism,
hatred or profanity; (b) transmit, via Vietmedia Chatting, any data
text, files, links, software, communication or other materials that
PeopleNET considers to be unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or
otherwise objectionable; (c) partake in any activity that causes a
disruption in the normal delivery of the Vietmedia Chatting service; (d)
impersonate in PeopleNET chat any person; (e) post or transmit any
unsolicited advertising or promotional materials.
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X.
INDEMNITY
Member
agrees to indemnify and hold PeopleNET and its parents, subsidiaries,
affiliates, officers, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or
arising out of Member's use of the Services, Member's connection to the
Services, Member's violation of the Total Agreement, or violation by
Member (or another user of the Services using Member's computer) of any
rights of another, including intellectual property rights.
XI.
NO RESALE OF SERVICES
Member's
right to use the Services is personal to Member. Member agrees not to
resell the Services or use of or access to the Services, without express
written permission of PeopleNET.
XII.
TERMINATION
Member
agrees that PeopleNET may terminate Member's password, account, or use
of the Services if PeopleNET believes (a) that Member has violated or
acted inconsistently with the letter or spirit of the Total Agreement,
or (b) that Member has violated the rights of PeopleNET or other members
or third parties. Member further agrees that PeopleNET may terminate
Member's password, account, or use of the Services if Member fails to
use the Services at least one time during a reasonable period of time as
determined by PeopleNET from time to time, which period shall not be
less than three months.
Member
acknowledges and agrees that any termination of service under the Total
Agreement under any provision of the Total Agreement may be effected
without prior notice, and acknowledges and agrees that PeopleNET may
immediately delete email files in Member's account and bar any further
access to such files or the Services, and PeopleNET shall have no
obligation to forward any unread or un sent messages to Member or any
third party. PeopleNET shall not liable to Member or any third party for
termination of Services.
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XIII.
DEALINGS WITH ADVERTISERS
Member's
correspondence with or participation in promotions of advertisers found
on the Services, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between Member and such
advertiser. Member agrees not to hold PeopleNET liable for any loss or
damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Services.
XIV.LINKS
The
Services may provide, or members may include in email, links to other
web sites, web pages, or other resources. Member acknowledges and agrees
that PeopleNET is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or
liable for any content, advertising, products, or other materials on or
available from such sites or resources. Member agrees that PeopleNET
shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such content, goods or services available on
such external sites or resources.
XV.
PeopleNET'S PROPRIETARY RIGHTS TO CONTENT
Member
acknowledges and agrees that content, including but not limited to text,
software, music, sound, photographs, graphics, video, or other material
contained in sponsor advertisements or information presented to Member
through the Services or advertisers is protected by copyrights,
trademarks, service marks, patents, or other proprietary rights and
laws. Member acknowledges and agrees that Member is permitted to use
this material and information only as expressly authorized by PeopleNET
or advertisers, and may not copy, reproduce, transmit, distribute, or
create derivative works of such content or information without express
authorization.
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XVI.
DISCLAIMER OF WARRANTIES
Member
EXPRESSLY AGREES THAT USE OF THE Services IS AT Member's SOLE RISK. THE
Services ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS.
PeopleNET
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
PeopleNET
MAKES NO WARRANTY THAT THE Services WILL MEET Member's REQUIREMENTS,
THAT THE Services WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
NOR DOES PeopleNET MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE Services OR AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE Services OR THAT
DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
Member
UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE Services IS DONE AT
Member's OWN DISCRETION AND RISK AND THAT Member WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO Member's COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
PeopleNET
MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH OR FROM THE Services OR ANY TRANSACTIONS ENTERED INTO THROUGH
THE Services.
NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY Member FROM
PeopleNET OR THROUGH OR FROM THE Services SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED HEREIN.
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, MEANING
THAT SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
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XVII.
LIMITATION OF LIABILITY
Member
AGREES THAT PeopleNET SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR
THE INABILITY TO USE THE Services, OR FOR COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE Services OR RESULTING FROM UNAUTHORIZED ACCESS TO OR
ALTERATION OF Member's TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF
PeopleNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Member
FURTHER AGREES THAT PeopleNET SHALL NOT BE LIABLE FOR ANY DAMAGES
ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE Services,
INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL
CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION,
SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR
INTENTIONAL, INADVERTENT OR ADVERTENT.
SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, MEANING THAT SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
XVIII.
VIETMEDIA SEARCH SERVICES
A.
Disclaimer of Warranties
PeopleNET
provides its searching services and search engine free. PeopleNET
explicitly disclaims any responsibility for the accuracy, content, or
availability of any information located in any search using Vietmedia
searching services. The content of the Internet is in constant flux,
meaning that PeopleNET's Vietmedia searching and indexing techniques
cannot possibly list all accessible sites and cannot guarantee that all
search results will not be offensive, vulgar, or obscene. Accordingly,
PeopleNET does not guarantee that Member's search results will be
complete or that the links associated with the listed web sites will be
accurate at the time of search.
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THE
PeopleNET SEARCHING SERVICES ARE PROVIDED AS IS. THUS, PeopleNET OFFERS
AND GIVES NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT
PERMITTED BY LAW.
B.
No Control over Content of Web Sites
PeopleNET
has control only over the content of www.PeopleNET.com or
www.Vietmedia.com. Thus, the web sites displayed as search results or
otherwise linked to www.PeopleNET.com or www.Vietmedial.com are
developed by individuals and entities over whom PeopleNET has no
control. PeopleNET cannot and does not screen or review any web sites
before including them in PeopleNET's index of web sites that can be
searched. PeopleNET, therefore, cannot and does not assume any
responsibility for the content of any web site that Member locates as
the result of a PeopleNET or Vietmedia search or that is linked to the
PeopleNET or Vietmedia web sites at www.PeopleNET.com or
www.Vietmedia.com.
XIX.
SPECIAL CLEARANCE FOR UNDER-18 MEMBERS
ATTENTION:
IF YOU ARE UNDER THE AGE OF 18 YEARS, YOU MUST GET PERMISSION FROM AT
LEAST ONE OF YOUR PARENTS OR YOUR GUARDIAN BEFORE YOU DO ANY OF THE
FOLLOWING ON OR THROUGH THE SERVICE: SEND ANY INFORMATION ABOUT YOURSELF
OR OTHERS , PURCHASE ANY PRODUCT OR SERVICE, ENTER ANY CONTEST, GAME,
GIVE-AWAY, OR SWEEPSTAKES. IN ANY CASE, EVEN IF YOU GET PERMISSION FROM
ONE OF YOUR PARENTS OR YOUR GUARDIAN TO SUBMIT YOUR NAME TO BE PUBLICLY
POSTED ON THE SERVICE, YOU SHOULD NEVER USE YOUR FULL NAME. JUST SUBMIT
YOUR FIRST NAME OR INITIALS.
ALSO,
IF YOU ARE UNDER THE AGE OF 18 YEARS, YOU AGREE TO READ, OR HAVE AT
LEAST ONE OF YOUR PARENTS OR YOUR GUARDIAN READ, THE PeopleNET PRIVACY
POLICY, WHICH IS ACCESSIBLE ON THE PeopleNET or Vietmedia WEB SITES AT
www.PeopleNET.com or www.vietmedia.com.
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PeopleNET
ENCOURAGES YOU NEVER TO PROVIDE YOUR FULL NAME, ADDRESS, TELEPHONE
NUMBER, OR OTHER PERSONALLY IDENTIFYING INFORMATION TO ANYONE VIA THE
INTERNET. TO THIS END, PeopleNET REQUESTS THAT YOU OR ONE OF YOUR
PARENTS OR GUARDIAN READ THE PeopleNET and Vietmedia PRIVACY POLICIES,
WHICH DESCRIBE THE PeopleNET POLICY REGARDING USE OF THE Services BY
MINORS.
XX.
NOTICE
Any
notice to Member or to the Services shall be made via either email or
regular mail. The Services may also provide notices of changes to the
Total Agreement or other matters by displaying notices to members
generally on the Services.
XXI.
GENERAL
The
Total Agreement and the relationship between Member and PeopleNET shall
be governed by the laws of the State of California without regard to its
conflict of law provisions. Member and PeopleNET agree to submit to the
personal and exclusive jurisdiction and venue of the courts located
within the State of California; Member and PeopleNET further agree that
any dispute between Member and PeopleNET filed in the federal courts
must be filed in the District Court for the Northern District of
California, and the parties agree to submit to the personal jurisdiction
and venue of the District Court for the Northern District of California.
The
failure of PeopleNET to exercise or enforce any right or provision of
the Total Agreement shall not constitute a waiver of such right or
provision. If any provision of the Total Agreement is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the Total
Agreement remain in full force and effect.
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Member
agrees that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Services or
the Total Agreement must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
The
section titles in the Total Agreement are for convenience only and have
no legal or contractual effect.
I
HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND
BY ALL OF ITS TERMS. 68043.LJ1
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