Terms of Services


This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “your”, etc.) and Tag N’ Brag LLC (“Company”), concerning your access to and use of the tag-n-brag.com website (“website”). The website allows users to, among other things, participate in a social network regarding outdoor life, and includes the Tag-N-Brag Marketplace and the Tag-N-Brag Referral Program, which are subject to their own separate Terms of Use Agreements (collectively, the “Company Services”). Certain Company Services are free of charge, but Company reserves a right to charge fees for certain Company Services as described herein and/or upon notice to you. Your access to and use of the Company Services is conditioned on your acceptance of and compliance with this Agreement. By accessing or using the Company Services, or by clicking “I have read and agreed with the Terms of Use”, you agree to be bound by this Agreement. If you do not agree to this Agreement, you may not use the website. The Company Services are hosted in the United States.

1. Eligibility By using the Company Services, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Company Services does not violate any applicable law or regulation. Furthermore, by using the Company Services, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the website with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify and hold harmless Company if your child breaches or disaffirms any term or condition of this Agreement.

2. User Representations and Warranties You are entirely responsible for the content of, and any harm resulting from, your postings to the Company Services (your “Contribution”). When you create or make available a Contribution, you thereby represent and warrant that:

(a) the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights of any third party;

(b) you have fully complied with any third-party licenses relating to your Contribution, and have done all things necessary to successfully pass through to viewers any required terms;

(c) your Contribution does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;

(d) your Contribution is not obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;

(e) your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors;

(f) if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available the Contribution, or (ii) secured from your employer a waiver as to all rights in or to your Contribution;

(g) your Contribution does not violate any state or federal law designed to regulate electronic advertising;

(h) your Contribution does not amount to trolling, or the making of controversial statements for the sole purpose of generating responses by others;

(i) your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Company's or others computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;

(j) your Contribution does not inundate the website with communications or other traffic suggesting no serious intent to use the website for its stated purpose;

(k) your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation;

(l) you shall review and comply with our Privacy Policy; and

(m)your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by Company in its sole discretion.

3. Prohibited Activities You may not access or use the website for any other purpose other than that for which Company makes it available. Certain activities, even if legal, may violate the common rules of etiquette governing Contributions, as determined by Company in Company's sole discretion. Prohibited activity includes, but is not limited to:

(a) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, trademark infringement, or theft of trade secrets;

(b) advertising to, or solicitation of, any user to buy or sell any products or services, except for the authorized use of the Tag-N-Brag Marketplace or the Tag-N-Brag Referral Program;

(c) transmitting chain letters or junk email to other users;

(d) using any information obtained from the website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;

(e) engaging in any automated use of the system, such as using scripts to add friends or send comments or messages;

(f) interfering with, disrupting, or creating an undue burden on the website or the networks or services connected to the website;

(g) attempting to impersonate another user or person;

(h) using the username of another user;

(i) selling or otherwise transferring your profile;

(j) using any information obtained from the website in order to harass, abuse, or harm another person;

(k) displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the website on behalf of that person, such as posting blogs or bulletins with a commercial purpose; and

(l) using the website in a manner inconsistent with any and all applicable laws and regulations.

4. Passwords You may utilize the functionality on the website that allows you to log in to the website by using your log in credentials for an existing account on various third party websites, which may change from time to time, including, without limitation, Twitter, Facebook and LinkedIn (“Third Party Site Log-in Credentials”) and, if applicable, configure your privacy settings in your third party website account to permit your activities on the website to be shared with your contacts in your third party website account. Notwithstanding the foregoing, you agree that your use of any third party website through which you log in to the website using your Third Party Site Log-in Credentials is governed by the terms and conditions of such third party website’s terms of use and privacy policy, including, without limitation, such third party website’s password and account security policies and user-generated content posting and acceptable use policies. When you create an account with the website, you will be asked to supply a password. You must keep your password confidential, and you are responsible for all use of your password and account. You agree not to share your passwords, let anyone else access your passwords or do anything else that might compromise or jeopardize the security of your passwords. You agree to notify Company if there is any unauthorized use of your password on the website or if you know of any other breach of security in relation to the website.

5. Intellectual Property Rights The content on the website, except for all Contributions, including without limitation, the Tag-N-Brag Store and the Tag-N-Brag Blog (collectively, “Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Materials on the website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Company reserves all rights not expressly granted in and to the website, marks and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than expressly permitted by Company, including any use, copying, or distribution of third parties' materials obtained through the website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the website or the Materials therein.

6. Company's Right to Manage the Website and Terminate Users

6.1. Company Website Management Company reserves the right but does not have the obligation to: (a) monitor the website for violations of this Agreement; (b) take appropriate legal action against anyone who, in Company's sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities; (c) in Company's sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user's Contribution or any portion thereof that may violate this Agreement or any Company policy; (d) in Company's sole discretion and without limitation, notice or liability to remove from the website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company's systems; (e) terminate the accounts of repeat infringers; and (f) to otherwise manage the website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the website.

6.2. Company's Right to Terminate Users WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR BREACH OF ANY APPLICABLE LAW OR REGULATION.

7. Term This Agreement shall remain in full force and effect while you use the Company Services or are a User. You may terminate your use or participation at any time, for any reason, by following the instructions on the website. Company may terminate your use or participation at any time, without warning. Even after your use and participation is terminated, this Agreement will remain in effect, including sections 1, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17 and 18.

8. Non-commercial Use by Users The Company Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. You shall not do the following without the express written consent of Company: (a) make any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email; and (b) engage in unauthorized framing of or linking to the website.

9. Content Policy and Take-Down Procedures

9.1 Good Samaritan Third-Party Content Policy & Complaint Procedures

a. Policy It is Company’s policy not to tolerate any acts of intellectual property infringement or violations of U.S. law or to allow for any child pornography or obscene or defamatory Contributions to be posted on the website. Company will do its best, in good faith, to remove, disable or restrict access to or the availability of Contributions that, in Company’s subjective view, are infringing, racist, obscene, obscene as to minors, child pornography, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. The provisions of this Section 9.1 are intended to implement this policy but are not intended to impose a contractual obligation on Company to undertake, or refrain from undertaking, any particular course of conduct.

b. Complaint Procedures If you believe that someone has posted Contributions which violate this policy (other than in cases of copyright infringement, which is addressed in Section 9.2), Company asks you to promptly notify Company by email at the following address: policy@tag-n-brag.com. You must use this address if you want to ensure that your complaint is actually received by the appropriate person charged with investigating alleged policy violations.

In order to allow Company to respond effectively, please provide Company with as much detail as possible, including: (1) the nature of the objection, or right infringed or violated (including the registration numbers of any registered trademarks or patents allegedly infringed); (2) all facts which lead you to object or to believe that a right has been violated or infringed; (3) the precise location where the offending Contribution is located; (4) any grounds to believe that the person who posted the Contribution was not authorized to do so or did not have a valid defense (including the defense of fair use); and (5) if known, the identity of the person or persons who posted the infringing or offending Contribution.

c. Indemnification/Waiver of Certain Rights By lodging a complaint, you agree that the substance of your complaint shall be deemed to constitute a representation made under penalty of perjury under the laws of the State of Ohio. In addition, you agree, at your own expense, to defend and indemnify Company and hold Company harmless against all claims which may be asserted against us, and all losses incurred, as a result of your complaint and/or Company’s response to it.

d. Waiver of Claims and Remedies Company expects visitors to take responsibility for their own actions and cannot assume liability for any acts of third-parties which take place at this site. By taking advantage of the Good Samaritan procedures set forth in this Section 9.1, you waive any and all claims or remedies which you might otherwise be able to assert against Company under any theory of law (including, but not limited to, intellectual property laws) that arise out of or relate in any way to the Contributions at this site or Company’s response, or failure to respond, to a complaint.

e. Investigation/Liability Limitation You agree that Company has the right (but not the obligation) to investigate any complaint received. By reserving this right, Company does not undertake any responsibility in fact to investigate complaints or to remove, disable or restrict access to or the availability of Contributions. Company supports free speech on the Internet and therefore will not act on complaints that we believe, in Company’s subjective judgment, to be deficient. If you believe that Contributions remain on this site that violates your rights, your sole remedy shall be against the person(s) responsible for posting or storing it, not against Company.

9.2 Copyright Policy Company respects the intellectual property rights of others and expects users of the website and Company Services to do the same.  You retain your rights to any Contributions. By submitting, posting or displaying Contributions on our through the Company Services, you grant us a worldwide, non-exclusive, irrevocable, perpetual, unlimited, assignable, fully paid-up, royalty free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, remove, retain, analyze, use, display and distribute such Contributions for use in connection with the Company Services without any further consent, notice, and/or compensation to you or to any third parties.

We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.  If you believe that your material has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a user’s account or profile if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the site or Company Services is:

Copyright Agent

Tag-N-Brag.com

7140 Fox Ledges Lane

Chagrin Falls, Ohio 44022

United States

Phone:

Fax:

Email: copyright@tag-n-brag.com

10. Terms of Sale

10.1 Sales of Products and Memberships to End Users Only Company sells various Tag-N-Brag branded products (the “Product(s)”) from the website to end-user customers and also allows end-user customers to purchase monthly memberships to receive additional services (“Membership(s)”) only for their own personal, non-commercial use. You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.

10.2 Pricing Pricing for Products and Memberships (including any applicable shipping and handling fees) can be found on the website. The price that we will charge you for the Memberships will be the price as posted on the website on the date you first sign-up for a Membership to the website, subject to change with 30 days prior notice to you. The price that we will charge you for the Products will be the then-current price of the Products. Company reserves the right to change prices for Products and Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases.

10.3 Refund/Cancellation Policy If you are dissatisfied with the Product for any reason, Company will refund the amount paid for your most recent month of service. Refund requests must be made directly to Company at webmaster@tag-n-brag.com. All refund requests must be made within thirty (30) days of the date of shipment by Company. Company is not liable for products that are damaged or lost in transit to Company.

Promptly following Company’s receipt of your request (typically within five (5) business days), Company will credit the amount paid for the returned Product(s) (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the credit card you used to make the original purchase. Notwithstanding the foregoing, Company does not control when a specific credit card company processes a chargeback transaction. You are responsible for contacting your credit card company if you have questions about the status of the chargeback.

Company will not provide a refund for a request that is received by Company more than thirty (30) days after the date of original shipment. Company also does not provide a refund for returned products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.

10.4 Payment Methods; Automatic Membership Renewals and Membership Cancellation Policy Company accepts credit card payments and PayPal payments only. You agree to pay all fees charged to your account based on Company’s fees, charges, and billing terms in effect as shown on the payment page you first sign-up for a Membership. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Memberships based on the address that you provide as the shipping address when you register for a Membership, and you authorize Company and/or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made by credit card or PayPal in advance prior to shipping the Products. If you do not pay on time or if your credit card cannot be charged for any reason, Company reserves the right to either suspend or terminate your account and Membership and terminate these Terms of Use. All sales and payments will be in US Dollars.

Company and Company's third party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to Company and Company's third party payment service provider at the election of your credit card issuer. Neither Company nor Company's third party payment service provider are responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to opt out of the update service.

IMPORTANT NOTICE TO CONSUMER: Company will automatically renew your Membership on each monthly anniversary date of the Membership and, as authorized by you during the Membership sign-up process, will charge your credit card or PayPal account with the applicable Membership fee and any sales or similar taxes that may be imposed on your Membership fee payments. Each Membership renewal period is for one month. You may cancel your Membership at any time by logging on to your account within the website and following the instructions provided therein. All cancellation requests must be received by the first day of the month. Cancellation requests received after the first of the month shall take effect the following month. If you have any problems, please email webmaster@tag-n-brag.com. Company requires a reasonable amount of time to process your Membership cancellation request. If you cancel your Membership, you will enjoy your Membership benefits until the end of the then-current Membership term, and your Membership benefits will expire at the end of the then-current Membership term for which you have paid. You will not be eligible for a prorated refund of any portion of the Membership fees paid for any unused days of the then-current Membership term.

10.5 Shipping and Product Acceptance Shipping dates are estimates only. All shipments are sent Priority Mail or First-Class mail via the US Postal Service or via courier (such as UPS or FedEx). The risk of loss and title for all Products purchased via the website pass to the Customer upon delivery of the item to the carrier.

11. Privacy Policy Any information that you provide to the website or Company is subject to our Privacy Policy which governs our collection and use of your information. You understand that through your use of the Company Services you consent to the collection and use (as set forth in the Privacy Policy) of this information.  As part of providing you the Company Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Company Services and your account, which you may not be able to opt-out from receiving.

12. Modifications Company may modify this Agreement from time to time. Company will alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. Any and all changes to this Agreement will also be reflected on the website. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification is posted. It is therefore important that you regularly review this Agreement and keep your contact information current to ensure you are informed of any changes.

13. Disputes Between Users You are solely responsible for your conduct. Company reserves the right, but has no obligation, to monitor disputes between you and other Users.

14. Disputes with Company All disputes arising out of or relating to this Agreement (including its formation, performance, alleged breach, enforceability and validity) or your access to or use of the Materials, Contributions and website, including without limitation your or others' downloading or consumption of Materials or other materials available by means of the website or third-party websites, your uploading Contributions to the website, or your purchasing of goods or services from third parties, will be exclusively resolved under confidential binding arbitration held in Cuyahoga County in the State of Ohio before and in accordance with the International Rules of Arbitration of the American Arbitration association, by one or more arbitrators appointed in accordance with said Rules. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. Notwithstanding the foregoing, Company will have the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third-party rights. In the event of litigation or to compel arbitration or to enforce an arbitration award under this Section, or to obtain an injunction under this Section, the parties hereby irrevocably consent and submit to the personal jurisdiction and venue of the state and federal courts located in County of Cuyahoga in the State of Ohio. This Agreement will be interpreted exclusively by Ohio law. The parties hereto consent to the jurisdiction of such Courts, agree to accept service of process by regular mail, and waive any and all claims that such Courts do not have personal jurisdiction over them, that such Courts do not have subject matter jurisdiction to hear any dispute arising out of this Agreement, that venue is not proper in such Courts, or that Courts are an inconvenient or improper forum.

IF YOU DO NOT WISH TO ACCEPT THE BINDING ARBITRATION PROVISIONS CONTAINED IN THIS SECTION YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS AFTER REGISTERING WITH THE WEBSITE BY SENDING US AN EMAIL AT webmaster@tag-n-brag.com. IF YOU NOTIFY US BY THAT TIME THAT YOU DO NOT ACCEPT THE BINDING ARBITRATION PROVISIONS CONTAINED IN THIS SECTION, YOUR REGISTRATION WILL BE CANCELED AND YOU WILL NOT BE ABLE TO USE THE COMPANY SERVICES.

15. Disclaimers Company cannot control the nature of the content available on the website. By operating the website, Company does not represent or imply that Company endorses any Contributions or other content available on or linked to by the website, including without limitation content hosted on third party websites, or that Company believes Contributions, blogs or other content to be accurate, useful or non-harmful.

YOU AGREE THAT YOUR USE OF THE WEBSITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEB SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

16. Limitation on Liability IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE WEBSITE.

17. Indemnity You agree to indemnify, defend and hold harmless Company, its parent companies, subsidiaries, affiliates, divisions, and their respective officers, agents, partners, managers, shareholders, members, directors, principals, representatives and employees, and any predecessors, successors in interest, heirs and assigns, from any loss, liability, claim, demand, or cost, including reasonable attorney's fees, made by any third party due to or arising out of your Contributions, use of the Company Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Contribution that you post on the Company website or through the Company Services causes Company to be liable to another.

18. Other This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services, and hereby supersedes any and all prior agreements or understandings, whether written or oral, or whether established by custom, practice, policy, or precedent with regard to the subject matter hereof.  No subsequent agreement between the parties hereto shall in any way modify this agreement unless such subsequent agreement specifically mentions this agreement and expressly states that it modifies the obligations of the parties hereto. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is found to be unlawful, void, invalid or unenforceable by a court of competent jurisdiction, such provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.