Terms of Service

This Real360 Reviews User Agreement (“Agreement”) applies to the Protodea web sites that post this Agreement (including, without limitation, real360reviews.com), each of which is owned or controlled by Protodea, LLC (“Protodea”), and any available interactive features, downloads, applications, or other outlets that post or include a link to this Agreement (collectively, the “Protodea Platform”). This Agreement applies to your use of the Protodea Platform, regardless of whether accessed via computer, mobile device or otherwise. You assent to all provisions of this Agreement by accessing or using the Protodea Platform. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT USE OR ACCESS THE PROTODEA PLATFORM.

Eligibility

By using or accessing the Protodea Platform, you warrant and represent that (a) you are 18 years of age or older and the age of majority in the jurisdiction where you reside, (b) that all information you provide when you use the Protodea Platform is and will remain complete and accurate, and (c) if you are acting on behalf of a company, organization, or other entity, you have the authority to bind such company, organization, or other entity. Your right to access and use the Protodea Platform is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Protodea Platform for lawful purposes and pursuant to the provisions of this Agreement. You are responsible for securing your authentication credentials, including username and password.

Third Party Links & Commissions & Third Party Products and Services

There may be provided on the Protodea Platform links to other Web sites belonging to Protodea’s advertisers, business partners, affiliates and other third parties. Such links do not constitute an endorsement by Protodea of those Web sites, nor the products or services listed on those Web sites. Protodea is not responsible for the activities or policies of those Web sites. Additionally, products and services may be listed directly on the Protodea Platform by third parties and Protodea Platform users. Protodea does not endorse or recommend the products of any particular advertiser, business partner, affiliate, user, or other third party. Protodea is not responsible for and does not guarantee the purchase of a good or service offered on a third party site or on the Protodea Platform.

Additionally, Protodea may receive fees and commissions from various third party sites for referring visitors of the Protodea Platform to those sites. Protodea may earn fees in multiple ways, including but not limited to, placing of third party advertisements on the Protodea Platform, directing internet traffic to third party sites, and sales commissions when a visitor of the Protodea Platform visits a third party site and makes a purchase. Protodea and its third party partners and affiliates may use cookies or other similar methods to track visitor behavior including links followed and purchases made. All revenues earned via the above mentioned fees and commissions are the sole property of Protodea, and you agree that you will make no claim to such amounts, whether on the basis of your use of the Protodea Platform or on any other basis.

Acceptable Use

Any action by you that, in Protodea’s sole discretion: (i) violates the terms and conditions of this Agreement; (ii) restricts, inhibits or prevents any access, use or enjoyment of the Protodea Platform; or (iii) through the use of the Protodea Platform, defames, abuses, harasses, offends or threatens, or otherwise is otherwise objectionable will not be permitted, and may result in your loss of the right to access and use the Protodea Platform. You will not META tag, provide links to, or frame the Protodea Platform without the prior express written permission of Protodea.

Without limiting the foregoing, you agree that you will not transmit, submit or post the following to the Protodea Platform: • Information that infringes Protodea’s or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
• Information that violates any federal, state or local law, statute, ordinance or regulation (including those in jurisdictions outside the United States);
• Information that is libelous to any individual or entity, threatening, harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to Protodea or third parties or that infringes on Protodea’s or any third party’s rights of publicity or privacy;
on Protodea’s or any third party’s rights of publicity or privacy;
• Information that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancel bots or other code or computer programming routines that contain contaminating or destructive properties or that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
• Information that is false, inaccurate or misleading;
• Commercial advertisements or solicitations without written permission from Protodea

You further agree that you will not:
• Use any robot, spider, scraper or other automatic device, process or means to access the Protodea Platform for any purpose without our prior express written permission except as may be a result of standard search engine or Internet browser usage).
• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on the infrastructure of the Protodea Platform.
• Implement any manual processes to monitor or copy any content from the Protodea Platform without Protodea’s prior express written permission.
• Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the Protodea Platform.
• Resell, copy, transfer, reverse engineer, disassemble, decompile, create derivative works of, or allow third-party access to the Protodea Platform.
• Use the Protodea Platform for any commercial purpose, or to provide services to any third party as a service bureau.
• Bypass Protodea’s robot exclusion headers or other measures Protodea may use to prevent or restrict access to the Protodea Platform.

Termination
You may terminate this Agreement at any time by discontinuing your use of the Protodea Platform. Protodea may terminate this Agreement at any time by either discontinuing the provision of the Protodea Platform, or for your violation of any of the provisions of this Agreement.

Protodea’s Intellectual Property Rights
The names “Protodea”, "Real 360 Reviews", “real360reviews.com”, “real360review.com”, and “Protodea.com” and Protodea’s graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Protodea or its affiliates, in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without the prior express written permission of Protodea, which permission may be withheld in Protodea’s sole discretion. Protodea makes no proprietary claim to any third-party names, trademarks or service marks appearing on the Protodea Platform. Any third-party names, trademarks, and service marks are property of their respective owners.

The information, advice, data, software and content viewable on, contained in, or downloadable from, the Protodea Platform (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, are copyrighted by, or otherwise licensed to, Protodea or its Content suppliers. Protodea also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on the Protodea Platform (the “Software”) is the property of Protodea or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.

You will be solely responsible for any damage resulting from your infringement of Protodea’s or any third party’s intellectual property rights regarding the Proprietary Marks, the Content, the Collective Work, the Software and/or any other harm incurred by Protodea or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same.

Your Use of the Content

Protodea grants you a limited license to access, print, e-mail, download or otherwise make personal use of the Content and the Collective Work; provided, however, that you will not delete any proprietary notices or materials appearing on or in connection with the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display. You agree not to copy, sell, or rent, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.

Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the noncommercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without the express prior written permission of Protodea, which permission may be withheld in Protodea’s sole discretion.

You may not use any META tags or any other “hidden text” utilizing Protodea’s name or trademarks without the express written permission of Protodea, which permission may be withheld in Protodea’s sole discretion.

Your Content & Products and Services

Protodea may provide certain features of the Protodea Platform which allow you to provide content to Protodea (“Your Content”). You hereby grant to Protodea an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of Your Content for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed. You represent and warrant that you own or otherwise have appropriate permission to upload and share Your Content; that Your Content is accurate; and that use of your Content does not violate this Agreement and will not cause injury to any person or entity. Protodea will have the right but not the obligation to monitor and edit or remove any activity or content, including but not limited to Your Content that violates the standards for the Protodea Platform, as Protodea determines in its sole discretion. Protodea takes no responsibility and assumes no liability for Your Content or any content submitted by any third party. You further agree that Protodea is free to use any ideas or concepts contained in any of Your Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you. You authorize Protodea to publish Your Content in a searchable format that may be accessed by users of the Protodea Platform and the Internet. Except as prohibited by law, you waive any moral rights you may have in Your Content, even if altered or changed in a manner not agreeable to you. You agree that Protodea has no obligation to monitor or enforce your intellectual property rights to Your Content but has the right to protect and enforce its rights, as well as those of its licensees, to Your Content. You further acknowledge and agree that Protodea will not have any obligation to you with regard to Your Content and that Protodea may or may not monitor, display or accept Your Content and may delete it at any time.

You represent, warrant, and agree that you have the authority and right to buy or sell all products or services you interact with on the Protodea Platform. Further, you agree to only buy and sell products and services that are legally allowed to be bought and sold and that none of your activity on the Protodea Platform violates any laws or regulations. Protodea will not be liable for items bought or sold on the Protodea Platform but does reserve the right to remove any products or services in its sole discretion.

Protodea does not interview, run background checks on, monitor, supervise, or control our members, and use of the Protodea Platform does not make us an employer, placement agency, representative, or agent of/for you. You should always put safety first and agree you are using the Protodea Platform at your own risk and that Protodea is not liable for any harm resulting from using the Protodea Platform or from your or other users’ conduct. You are responsible for complying with all laws.

Copyright Complaints

Protodea respects the intellectual property of others, and it asks its users to do the same. Protodea may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Protodea Platform in a way that constitutes copyright infringement, or that the Protodea Platform contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Protodea by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:

• A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Protodea to locate the material;
• Information reasonably sufficient to permit Protodea to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

Copyright Agent
Protodea LLC
10049 Clow Creek Rd.
Plainfield, IL 60585
USA
By e-mail: team@real360reviews.com

Note: Only copyright complaints should be sent to agent. No other communications will be accepted or responded to. For communications on other matters, please contact Protodea as described on the Website.

Electronic Communications
When you visit the Protodea Platform or send e-mail to Protodea, you are communicating with Protodea electronically. You consent to receive communications from Protodea electronically. Although Protodea may choose to communicate with you by regular mail, Protodea may also choose to communicate with you by e-mail or by posting notices on the Protodea Platform. You agree that all agreements, notices, disclosures and other communications that Protodea provides to you electronically satisfy any legal requirement that such communications be in writing.

Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use the Protodea Platform, and all costs and fees associated with Internet access or long-distance charges incurred with regard to your access and use of the Protodea Platform. Security
While Protodea uses security, passwords, and encryption for certain data, under no circumstance is Protodea liable for the loss or hijacking of information. Information submitted on the Protodea Platform cannot be guaranteed secure or private. Additionally, Protodea is not responsible for the potential loss of any data on its website or in its databases. Your Warranties
You represent and warrant to Protodea that all activities you undertake using the Protodea Platform will be lawful, that you are properly authorized to undertake such activities.

Disclaimers
THE PROTODEA PLATFORM, INCLUDING, WITHOUT LIMITATION, THE CONTENT THEREUPON, IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PROTODEA MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PROTODEA PLATFORM; (B) THE PROTODEA PLATFORM CONTENT; (C) CONTENT YOU UPLOAD TO THE PROTODEA PLATFORM; (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PROTODEA OR VIA THE PROTODEA PLATFORM; OR (E) ANY THIRD PARTY WEBSITE OR OTHER INFORMATION LINKED TO FROM THE PROTODEA PLATFORM, AS WELL AS ANY GOODS OR SERVICES AVAILABLE VIA SUCH THIRD PARTY SOURCE. IN ADDITION, PROTODEA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

PROTODEA DOES NOT REPRESENT OR WARRANT THAT THE PROTODEA PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PROTODEA PLATFORM OR THE SERVERS THAT MAKE THE PROTODEA PLATFORM AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. PROTODEA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PROTODEA PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE PROTODEA PLATFORM IS AT YOUR SOLE RISK. PROTODEA DOES NOT WARRANT THAT YOUR USE OF THE PROTODEA PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND PROTODEA SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.

BY ACCESSING OR USING THE PROTODEA PLATFORM YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.

PROTODEA DOES NOT ENDORSE YOUR CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OR COLLABORATIVE CONTENT OBTAINED THROUGH THE PROTODEA PLATFORM.

Limitations on Protodea’s Liability
UNDER NO CIRCUMSTANCES WILL PROTODEA BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE PROTODEA PLATFORM; (B) THE PROTODEA PLATFORM CONTENT; (C) YOUR CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE PROTODEA PLATFORM; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY PROTODEA OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE PROTODEA PLATFORM; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE PROTODEA PLATFORM\’S TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USERs COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF PROTODEA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PROTODEA PLATFORM). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL PROTODEA\’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00). YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF PROTODEA’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY PARTY’S USE OR ACCESS TO THE PROTODEA PLATFORM, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY PORTION OR ASPECT OF THE PROTODEA PLATFORM.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Your Indemnification of Protodea
You agree to defend, indemnify and hold Protodea, its employees, managers, officers, agents and vendors (the “Protodea Parties”) harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorney's fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) Your Content; (b) your use of the Protodea Platform or activities in connection with the Protodea Platform; (c) your breach or anticipatory breach of this Agreement; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Protodea Parties use of your information as permitted under this Agreement, the Privacy Policy, or any other written agreement between you and Protodea. You will cooperate as fully required by the Protodea Parties in the defense of any claim. The Protodea Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Protodea Parties.

Taxes
Each party will be responsible for any taxes on property it owns or leases, for any franchise or privilege tax on its business, and for any tax based on its gross or net income or gross receipts, whether obtained via activities involving the Protodea Platform or otherwise.

Amendments of this Agreement
Protodea reserves the right to modify or add to this Agreement at any time without prior notice ("Updated Terms"). You agree that Protodea may notify you of the Updated Terms by posting them on the Protodea Platform so that they are accessible via a link on the home page, and that your use of the Protodea Platform after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review this Agreement before using the Protodea Platform. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Protodea Platform from that point forward.

Protodea’s Remedies
You acknowledge that Protodea may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, Protodea will be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.

Class Action Waiver
YOU AND PROTODEA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PROTODEA AGREE OTHERWISE, THE COURT BEFORE ANY ACTION BETWEEN THE PARTIES HAS BEEN BROUGHT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PROTODEA USERS.

No Third Party Beneficiaries
Nothing expressed or implied in this Agreement is intended to confer upon any person other than the parties and their respective successors or permitted assigns, any rights, remedies, obligations or liabilities whatsoever.

Location of the Protodea Platform and Territorial Restrictions
The information provided through the Protodea Platform and the Protodea Platform itself are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We control and operate the Protodea Platform from offices located in the United States and make no representations or warranties that the information, products or services available through the Protodea Platform are appropriate for use or access in other locations. Anyone using the Protodea Platform from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws apply. We reserve the right to limit the availability of the Protodea Platform or any portion of the Protodea Platform, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide. Software related to or made available by the Protodea Platform may be subject to United States export controls. Thus, no software from the Protodea Platform may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Russia, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Protodea Platform, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

Assignment
Protodea may assign this Agreement without notice to you. You may not assign this Agreement without Protodea’s prior written consent.

No Waiver
The waiver by either party of any breach of this Agreement will not be construed to be a waiver of any succeeding breach. All waivers must be in writing, and signed by the party waiving its rights.

Severability
If any provision of this Agreement is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining provisions of this Agreement will remain in full force and effect.

Force Majeure
Neither party will be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, fire, flood, strikes, war, epidemics, pandemics, shortage of power, telecommunications or Internet service interruptions or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.

Governing Law and Choice of Forum
This Agreement will be governed in all respects by the laws of the State of Illinois as they apply to agreements entered into and to be performed entirely within Illinois between Illinois residents, without regard to conflict of law provisions. Both parties agree that any claim or dispute between them must be resolved exclusively by a state or federal court located in DuPage County, Illinois, except as otherwise agreed by the parties. Both parties agree to submit to the personal jurisdiction of the courts located within DuPage County, Illinois for the purpose of litigating all such claims or disputes, and hereby waive all claims of forum non conveniens.

Limitations of Actions
No action, regardless of form or substance, arising out of this Agreement or the performance or nonperformance of any of the parties’ obligations hereunder may be brought more than one (1) year after a party knew or should have known of the occurrence of the event giving rise to such cause of action.

Headings
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and will not limit or otherwise affect in any way the meaning or interpretation of this Agreement.

Relation of the Parties
The parties agree they are acting as independent contractors and under no circumstances will any of the employees of one party be deemed the employees of the other for any purpose. Except as otherwise expressly agreed by the parties, this Agreement will not be construed as authority for either party to act for the other party in any agency or other capacity, or to make commitments of any kind for the account of or on behalf of the other. Nothing in this Agreement will be deemed to constitute a joint venture or partnership between the parties.

Survival of Obligations
Any obligations and duties which by their nature extend beyond the expiration or termination of this Agreement will survive the expiration or termination of this Agreement.

Entire Agreement
This Agreement, including, as applicable, the Additional Organization Terms set forth below, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this Agreement by any representations or promises not specifically stated herein. The protections of this Agreement will apply to actions of the parties performed in preparation for and anticipation of the execution of this Agreement. Any amendment to this Agreement must be in writing and signed by duly authorized representatives of the parties.