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Terms of Service.

The following terms and conditions (the "Terms of Service") govern your use of this website and all products and services that are offered here. By using this site or the services provided thereon, you agree to be, and are, bound by these Terms of Service. These Terms of Service may be updated by JMB Consulting ("The Company") from time to time. You acknowledge and agree that your continued use of The Company's website or services after any such update signifies your acceptance of such modified Terms of Service.
Because this is a legal agreement between you and JMB Consulting, please print out and retain a copy for your records. If you do not agree to these Terms of Service, you are not authorized to access or use this site or the services provided here.

YOUR OBLIGATIONS
By subscribing to any product or service offered by JMB Consulting, You make the following representations and warranties. JMB Consulting shall have the right to terminate Your account, without notice at any time, if any representation warranty made by You proves to be untrue in any respect.

You represent and warrant that:
- 1 - You and all users of the products and services approved by you are at least eighteen (18) years of age;
- 2 - You have the legal capacity and authority to:
   - enter into binding contracts for the sale and purchase of goods and services,
   - be bound by these Terms of Service and the Additional Terms,
   - to subscribe to and use the service, in accordance with these Terms of Service and any Additional Terms, and
   - if you are acting in a corporate capacity, to bind Your company;
- 3 - You will not use the products or services for any purpose that is unlawful, or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time);
- 4 - All information supplied by You or by others using Your account is true and accurate, including information submitted as part of the registration, subscription and billing process;
- 5 - You will protect your account login name and password, if any, will not disclose your password to any third party, and you will assume full responsibility for any and all harm or liability attributable to you or any other person accessing your account or any Services with your login name and password.
- 6 - You will not copy, sell, redistribute, license, sublicense, or otherwise transfer your account, or any materials provided to you in connection with the Services, to any third party without The Company's written consent.

PAYMENT
Some of our products and services require that You purchase a subscription or otherwise pay a fee. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Your account by you or anyone else using Your account. JMB Consulting reserves the right to modify the fees charged for The Company's products and services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after JMB Consulting notifies You via email or otherwise of such modified fees. All bills are considered final after 30 days.
You agree to pay JMB Consulting all recurring fees listed on The Company's website for the service(s) you register for. Completion and submission of any Service activation form authorizes JMB Consulting to charge the credit card specified in your registration for all such fees and any related taxes corresponding to the selected Service. Such charges will be made once every thirty (30) days beginning with the day your account is activated for monthly subscribers, or once every ninety (90) days beginning with the day your account is activated for yearly subscribers choosing a quarterly payment, or once every three hundred and sixty five (365) days beginning with the day your account is activated for yearly subscribers choosing the annual payment. In order to avoid the full fee for any new billing period, you must cancel the Service a minimum of five (5) business days BEFORE the new billing period begins.

TERMINATION - CANCELLATION
Unless stated otherwise on The Company's web pages applicable to a specific Service, each Service provided and billed will automatically renew with each billing period, as applicable, until cancelled in accordance with this section. At any time after activation of a service, either you or The Company may cancel that Service by providing written notice to the other party via postal mail or email, in which case the Service will terminate on the date specified in the cancellation notice. If no date is specified, the Service will terminate at the end on the anniversary date. From time to time, we may provide a 2 or 3 month package for a discount. According to this program, we will charge your credit card for the full amount of the package. If during the 2-3 month period, you choose to cancel your account, simply email us and your account will be cancelled, no refunds will be made available, and the Service will be terminated at the end of the period.
From time to time, we may provide a 1 week trial program under the name "Try Before You Buy". According to this program, we will charge your credit card for $1 (one US dollar). We will then charge your credit card after the 1 week period according to your order. If within 1 week of the creation of your account, you choose to cancel your account, simply email us and we will cancel your account. If you choose to cancel your account after this 1 week initial period, your account will be cancelled, and you will no longer be charged a recurring fee. If you cancel after this 1 week initial period, no refunds will be made available, and the Service will be terminated on the anniversary date.
JMB Consulting may terminate Your account, and/or Your access to any of our services at any time, with or without cause, and with or without notice. In the event that JMB Consulting terminates Your account or one or more of Your services for violation of these Terms of Service or the Additional Terms, You will not be entitled to the return of any fees paid with respect to any such terminated account service. Except as otherwise required by law, the costs of any returns if permitted will be at Your expense.

To cancel an account, we require that you provide the following:
- The person's name or Company's name on the account
- The last four digits of the Credit Card on the account
- Email address on the account
- Username and Password

LINKS TO THIRD PARTY SITES
Links within the JMB Consulting website may let you leave the Company's website. You acknowledge that the linked sites are not under the control of The Company and that The Company is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. JMB Consulting is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by The Company of the linked site or any association with their operators.
 

SOFTWARE AVAILABLE
Software (if any) that is made available to download on The Company's website, excluding software that may be made available by third parties is the copyrighted work of JMB Consulting and/or its suppliers. Your use of the Software is governed by these Terms of Service, and the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). To the extent that the License Agreement conflicts with the Terms of Service or Additional Terms, the terms of the License Agreement shall govern Your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement. For any Software not accompanied by a license agreement, JMB Consulting hereby grants to You, the user, a personal, non-exclusive, non-transferable license to use the Software for viewing and otherwise using the particular service in accordance with the License Agreement, the Terms of Service and Additional Terms and for no other purpose. In addition, You shall keep intact all and may not alter any copyright and other proprietary notices contained in such Software. All Software is owned by JMB Consulting and/or its suppliers, and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.

INSTALLATION.
Some of our Licensed Programs may be distributed to You by electronic download as described in the Documentation. If this is the case, you will need to install the Licensed Program on properly configured and compatible computer equipment according to the Documentation. You will also need to ensure that all required data is in proper format and no other software or equipment having an adverse impact on the Licensed Program are present.

TESTIMONIALS
JMB Consulting welcomes any and all testimonials submitted by its customers and prospective customers. By submitting a testimonial, You agree and accept that JMB Consulting may, at its own discretion, use your testimonial in any of its marketing material, whether online or offline.

INDEMNIFICATION
You agree to defend, indemnify, and hold harmless JMB Consulting, its officers, directors, employees, agents, and partners, from and against any third-party claims, actions, demands, liabilities, expenses, and costs, including without limitation reasonable legal and accounting fees, arising from or related to your use of The Company's website and/or any and all products and services, your violation of these Terms of Service, or your violation of any laws, regulations, or third-party rights. The terms of this section shall survive any termination of this Agreement.

WARRANTY DISCLAIMER
JMB Consulting makes no guarantees of any kind regarding the use or the results derived from any and all products and services The Company offers, in terms of dependability, accuracy, security, timeliness, availability, reliability, or usefulness. The Services and all related materials are provided "AS IS, AS AVAILABLE" without warranty of any kind, either expressed or implied. JMB Consulting will not be held responsible for any losses, damages, or costs that you and/or your business may suffer when using the website or any and all products and services The Company provides.
JMB CONSULTING HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO THE PRODUCTS AND/OR SERVICES AND RELATED MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. JMB CONSULTING DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE PRODUCTS AND/OR SERVICES WILL BE SUITABLE FOR YOUR NEEDS OR YOUR INTENDED APPLICATIONS, OR THAT THE PRODUCTS AND/OR SERVICES WILL BE COMPATIBLE WITH OR OPERATE IN ANY SPECIFIC HARDWARE, SOFTWARE, OR WEBSITE CONFIGURATIONS.

LIMITATION OF LIABILITY
IN NO EVENT SHALL JMB CONSULTING BE LIABLE UNDER ANY SECTION OF THESE TERMS AND CONDITIONS OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT JMB CONSULTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT WILL JMB CONSULTING's TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT RECEIVED BY JMB CONSULTING FROM YOU UNDER THIS AGREEMENT.
NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE JMB CONSULTING SERVICES MAY BE BROUGHT BY YOU OR JMB CONSULTING MORE THAN ONE (1) YEAR AFTER THE EVENT, WHICH GAVE RISE TO THE CAUSE OF ACTION, HAS OCCURRED.

DISPUTES
This Agreement shall be governed in all respects by California law without regard to the conflict of law provisions thereof. Both parties submit to personal jurisdiction in California. Any controversy or claim arising out of, relating to or in connection with this Agreement, or the breach thereof, shall be subject to arbitration administered by the American Arbitration Association ("AAA") in accordance with its then existing Commercial Arbitration Rules (collectively, the "AAA Rules") and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be San Jose, California, or any other place selected by mutual agreement of the parties. An award rendered in connection with an arbitration pursuant to this Section shall be final and binding upon the parties and the parties agree and consent that the arbitral award shall be conclusive proof of the validity of the determinations of the arbitration set forth in the award, and any judgment upon such an award may be entered and enforced in any court of competent jurisdiction. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The parties hereby waive all in personam jurisdictional defenses in connection with any arbitration hereunder or the enforcement of an order or award rendered pursuant thereto. In any legal action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this section shall survive any termination of this Agreement.

JMB Consulting
PO Box 70521
Sunnyvale, CA 94086
 

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by JMB Consulting. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to its conflict of law rules. This Agreement and JMB Consulting’s policies are subject to change by The Company without notice. Continued usage of the Services after a change to this Agreement by The Company or after a new policy is implemented and posted on The Company Website constitutes your acceptance of such change or policy. We encourage you to regularly check our website for any changes or additions.

Mobile Text Broadcast System Additional Terms of Service

Last modified: October 1, 2009
This TERMS OF SERVICE AGREEMENT ("TOS") is a legal agreement between you, an individual or an individual acting on behalf of your business or employer, a corporation, partnership, or other legal entity, and JMB Consulting, owners and operators of ASKUSABOUT. Before you use this site, please read this TOS carefully as they govern your use of the Service provided at this website. By using the Service you are indicating your acceptance of and agreement to be bound by all of the terms of the TOS. JMB Consulting may modify or revise this TOS from time to time without notice to you. Although JMB Consulting may attempt to notify you when major changes are made to this TOS, you should visit this page periodically to review the TOS. Any modification and/or revision of the TOS will be effective when posted on this page. By continuing to use the Service after such modifications and/or revisions are posted, you agree to be bound by such modifications and revisions. If you do not agree with all of the terms of the TOS, then you may not use this service.

1. DESCRIPTION OF SERVICE
The Service provides you the right to use a proprietary web-based software that enables you to create, edit, and send conforming text-based messages to individuals who voluntarily join your mobile list by subscribing from their cell phones using the authorized DOTCOM (368266), DOTNET (368638), and DOTORG (368674) short codes. You also understand and agree that the software itself is the core of the Service, and that the DOTCOM, DOTNET, and DOTORG short codes used by the software are not an integral part of the Service, and that these short codes are provided by third-party short code providers, and that the performance, availability, and charges associated with these short codes are subject to change at any time by the short code providers, and are not guaranteed by this Service. The use of these short codes are being made available to you on an "AS-IS" basis and based exclusively on current conditions whereby the providers of the DOTCOM, DOTNET, and DOTORG short codes are offering the use of these short codes free of charge. You also understand and agree that changes in the performance, availability, and pricing for the use of these short codes are beyond the control of JMB Consulting and may change at any time. You understand and agree that JMB Consulting may determine, in its sole discretion, to limit, change, or otherwise modify the use of the Service, including placing advertising riders with delivered messages, changes in the maximum disk space that will be allotted on servers used on your behalf, and the maximum number of times and the maximum duration for which you may access the Service in a given period of time. You acknowledge and agree that these changes may take place and that JMB Consulting shall have no liability stemming from such changes. Any additions or modifications to the Service shall be at the sole discretion of JMB Consulting and will be subject to this TOS. You are solely responsible for any fees, charges and expenses incurred by you in accessing and using the Service - including, but not limited to, standard text messaging charges that will depend on the plan that you have with your wireless carrier. JMB Consulting uses reasonable efforts to ensure that the Service is available on a 24/7 basis. However, there will be occasions when the Service will be interrupted for maintenance, repairs, upgrades, failure of telecommunications links and equipment, and emergencies that are beyond the control of JMB Consulting. By using the Service you agree that JMB Consulting shall not be liable to you for any modification, suspension or discontinuance of the Service.

2. USING THE SERVICE
The use of this Service requires successful login to an Account that is licensed to and issued by JMB Consulting and must be duly registered to the individual accessing the Service. Your password and account designation will be active upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account designation and are fully responsible for all activities that occur under your password or account designation. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current, and complete information about yourself, as well as maintain and promptly update any registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or JMB Consulting has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, JMB Consulting has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. The Service is not designed for or directed to children under the age of 13. Children under the age of 13 may not use the Service. Any use of the Service in violation of or not in strict compliance with this TOS shall constitute grounds for the automatic termination of Service, and shall equally constitute a bar to your access and use of this and other websites associated with the Service. Upon such termination, you shall destroy any and all materials, computer files, and documentations of the Service in your possession and immediately cease marketing, promoting, distributing, using, or offering for use the Service in any manner that may cause the further use of the Service.

3. FEES FOR USING THE SERVICE
Any monetary consideration you paid to be able to use this Service pays exclusively and specifically for your right to use the web-based software which enables you to create, edit, and send conforming text-based messages that can be subscribed from and delivered to cell phones using the authorized DOTCOM (368266), DOTNET (368638), and DOTORG (368674) short codes. Any monetary consideration you paid does not give you ownership of any code, aspect, part, or component of the software, and does not pay for the use of the short codes or any related telecommunications services. You do not own any part of the software that is used in any part of the Service. No refunds shall be given for discontinued use, unused software licenses, prepaid services, or any shipping and handling fee.

4. YOUR PROPER USE OF THE SERVICE
You understand that any and all "Content" (information, data, text, messages, or other materials), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not JMB Consulting, are entirely responsible for all content that you upload, post, email, transmit, or otherwise make available via the Service. Likewise, JMB Consulting does not control the content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such content. You understand that by using the Service, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will JMB Consulting be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. You agree not to use the Service to upload, post, text message, email, transmit, or otherwise make available any adult content, or any content that may impersonate any person or entity, as well as infringe any patent, trademark, trade secret, copyright, or other proprietary rights. You agree not to use the Service to upload, post, text message, email, transmit, or otherwise make available any content that is considered unacceptable by the TOS governing the use of the DOTCOM, DOTNET, and DOTORG short codes. You agree not to use the Service to upload, post, text message, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

5. TRADEMARKS, COPYRIGHT, AND PROPRIETARY RIGHTS
JMB Consulting does not claim ownership of any Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on the Service, you claim that you have the right to use such Content and grant to JMB Consulting a perpetual, non exclusive worldwide, royalty-free, transferable right and license to use in any way such Content, including all related intellectual property rights, to provide the Service. The Service and any website associated with this Service, along with any and all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components, are the exclusive intellectual property of their creator and are protected under intellectual property laws and treaties. You may not exercise any ownership rights over this Service, any and all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components, and may not exercise any rights over the same. Specifically, you may not use in an unintended manner, reverse engineer, decompile or disassemble this Service and any and all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

6. RESELLING THE SERVICE
If you decide to resell, market, promote, offer or otherwise represent the Service to others, you hereby agree to market, promote, distribute, use, and offer for use the Service in a responsible manner, and agree to the burden of exclusive and absolute responsibility for all your Users. You agree to use only methods, media, materials and documents approved by JMB Consulting, and strictly comply with any and all governmental laws pertaining to the sending of commercial messages via the Internet and telephonic devices. JMB Consulting expressly forbids you from marketing, promoting, distributing, using, or offering this Service for use as a tool to deliver unacceptable materials as defined in Section4 above and/or unsolicited commercial messages sent to personal computers and mobile devices. You may not promote or refer to this Service or to JMB Consulting when using any form of unsolicited commercial messages or any messages not approved by JMB Consulting. You understand and agree that JMB Consulting shall have exclusive and final right to determine the occurrence of any violation regarding these matters, whether by you or your Users, and reserves the right to immediately terminate your right to the Service.

7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT JMB Consulting DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. JMB Consulting MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. JMB Consulting DOES NOT AND CAN NOT GUARANTEE THE PERFORMANCE OF THE DOTCOM, DOTNET, AND DOTORG SHORT CODES. JMB Consulting MAKES NO GUARANTEES REGARDING MOBILE CONTENT DELIVERY TIME OR EVEN OF DELIVERY.

8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL JMB Consulting OR ANYONE ELSE INVOLVED IN ADMINISTERING OR DISTRIBUTING THE SERVICE OR ANY SOFTWARE OR PRODUCT PROVIDED IN CONNECTION THEREWITH, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OR LOSS OF REVENUES, GOODWILL, OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DATABASE RECORDS, PROGRAMS OR SERVICES, EVEN IF JMB Consulting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES.

9. INDEMNIFICATION.
You agree to indemnify, defend and hold harmless JMB Consulting, and its officers, directors, employees, subsidiaries, affiliates, agents, shareholders, suppliers, and service providers from any costs, expenses, including, among other expenses, attorneys' fees and expenses, losses, damages, specifically excluding consequential, exemplary, special, indirect or punitive damages, suits, claims, or liabilities incurred and arising from or relating to your marketing, promotion, distribution, use, or offer to use this Service. You also agree to indemnify and hold JMB Consulting, and its officers, directors, employees, subsidiaries, affiliates, agents, shareholders, suppliers, and service providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any and all mobile content you submit, post, transmit, or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

10. CHOICE OF LAW AND FORUM
Interpretation and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the State of CA, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this TOS or your use of the Service shall be filed only in the federal courts or state courts located in the county where JMB Consulting maintains its headquarters in the State of CA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

11. ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and JMB Consulting and governs your use of the Service, superseding any prior agreements between you and JMB Consulting with respect to the Service. Except as expressly set forth in Section 1, the TOS may be modified only in writing signed by JMB Consulting. If any provision of this Agreement shall be held invalid or unenforceable in whole or in part for any reason, such provision shall be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability of any of the remaining provisions of this Agreement. Any failure by JMB Consulting to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. You acknowledge that the TOS and any modifications thereto constitute the complete agreement regarding this subject, and supersedes any prior oral or written communications relating to this subject. Report any violation of this TOS to:

JMB Consulting
PO Box 70521
Sunnyvale, CA 94086
408-844-4544
support@jmbconsulting.com


 

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