Last Updated July 16, 2007
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This Agreement contains
an Arbitration Clause.
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PageWise
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It is our policy to terminate
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USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, AND THERE ARE NO
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- LIMITATION OF LIABILITY.
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- DISCLAIMER OF CONSEQUENTIAL
AND SIMILAR DAMAGES.
TO THE FULL EXTENT PERMITTED
BY APPLICABLE LAW, THE PAGEWISE ENTITIES, REGARDLESS OF CAUSE OF ACTION
(E.G., IN CONTRACT, TORT, WARRANTY, AND TO THE FULL EXTENT PERMITTED
IN APPLICABLE LAW, PRODUCT LIABILITY AND STRICT LIABILITY), SHALL HAVE
NO LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT,
OR THE CONTENTS FOR INJURY, DEATH, DAMAGE TO PROPERTY, LOSS OF USE,
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INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES.
- Independence of
Last Three Sections.
The last three sections
are intended to be independent of each other and the failure of essential
purpose of any portion of any of them shall not affect any other clause
or limitation.
- Other Warranty
Rights or Limitations of Liabilities.
Some states and foreign
countries provide rights in addition to those above, or do not allow
excluding or limiting implied warranties, or liability for incidental
or consequential damages. Therefore, the above limitation may not apply
to you or there may be state provisions which supersede the above.
- Force Majeure.
A party shall be excused
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from doing so by acts of God, floods, earthquakes, war, acts of the
public enemy, riots, acts of military authorities, labor disputes, strikes,
fires, embargoes, unavailability of power or communications facilities,
or from circumstances beyond its reasonable control.
- Arbitration in
Texas.
Any dispute or claim arising
or related to this Agreement, its performance, breach, or interpretation
(including issues about its validity or enforceability), shall be exclusively
(except as provided below) resolved by final binding arbitration before
the American Arbitration Association (AAA), utilizing its Commercial
Arbitration Rules. One arbitrator shall be selected using AAA procedures.
The arbitrator shall use all reasonable efforts to minimize discovery
and to complete the arbitration proceedings as expeditiously as possible.
The Arbitrator shall render a written decision within thirty (30) calendar
days of the hearing. The arbitrator will not award attorney's fees,
or punitive, incidental, consequential, treble or other multiple or
exemplary damages, and the parties hereby agree to waive and not seek
such damages. Either party may seek judicial relief to compel the other
party to comply with the provisions of this Section, or injunctive or
other equitable relief to protect its intellectual property rights,
provided (unless prohibited by applicable law) that the remainder of
the dispute or claim is submitted to arbitration. The arbitration shall
be held in Austin, Texas; both parties hereby give their irrevocable
consent to jurisdiction of courts of or in the State of Texas, as well
as processes of the AAA in Texas. Awards shall be final, binding and
non-appealable (except on the minimal grounds required under the Federal
Arbitration Act or other applicable law). All awards may be filed with
one or more courts, state, federal or foreign having jurisdiction over
the party against whom such award is rendered or its property, as a
basis of judgment and of the issuance of execution for its collection.
- Governing Law.
This Agreement shall be
deemed made in, governed by, performed in, and construed and enforced
in accordance with the laws of the State of Texas, U.S.A., without giving
effect to its conflicts of laws provisions or principles.
- Entire Agreement;
Waiver; Modification; Amendment. The terms and provisions contained
in this Agreement constitute the complete, final, and entire agreement
between the parties concerning the subject matter hereof. This Agreement
supersedes all prior or contemporaneous agreements, warranties, understandings,
and representations, written or oral, between the parties as to the
subject matter hereof. No modification or amendment of this Agreement
shall be enforceable against a party unless in writing and signed by
the party against whom such modification or amendment is sought to be
enforced. No failure on the part of a party to exercise, no delay in
exercising, and no course of dealing or performance with respect to
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a waiver thereof, nor shall any single or partial exercise of any such
right, power, or privilege preclude any other or future exercise thereof,
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- Successors and
Assigns. User may not assign this Agreement (including by operation
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Nothing in the Agreement is intended to or shall confer on any Person
other than the parties hereto or their respective permitted successors
or assigns, any rights or remedies under or by reason of this Agreement.
- Captions. The captions
and headings in this Agreement are inserted only as a matter of convenience,
and in no way define, limit or in any other way described the scope
of this Agreement or the intent of any provision hereof.
- Severability. The
parties agree that if any part, term, or provision of this Agreement
is held illegal or invalid, the validity of the remaining portions or
provisions (or the applicability of the provision to other Persons or
in other circumstances) shall not be affected, and the rights and obligations
of the parties shall be construed and enforced as if the Agreement did
not contain the particular part, term, or provision held to be illegal
or invalid.
- Survival. The terms
of this Agreement apply to any, receipt, use or performance that occurs
before any termination, cancellation, or rescission of this Agreement,
and to those obligations that arise after any termination, cancellation,
or rescission of this Agreement-namely: any terms, conditions or restrictions
on receipt, use, or access to the Contents, systems, or networks of
PageWise, and any indemnification obligations.
- Change of Terms
From Time-To-Time. PageWise may alter any term of this Agreement by
posting a notice that there is a change in terms on a page containing
the Contents. Any use of any PageWise web site after the date of such
notice is deemed acceptance of the new terms.
- Government Restricted
Rights Legend. Any Contents which used or transmitted for or on behalf
of the United States of America, its agencies and/or instrumentalities
("U.S. Government"), is provided with Restricted Rights and
Limited Rights. Use, duplication, or disclosure by the U.S. Government
is subject to restrictions as set forth in DFARS Part 227 and 252 or
FARS Parts 27 and 52, and their successors, as applicable. Manufacturer
is noted with the Contents; otherwise should be considered PageWise,
at the below address.
Customer Care, Expert Village
c/o PageWise, Inc.
2000 South IH-35, Ste Q-11
Round Rock, TX 78681
