Super Sport System Registration for Coaches

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ACCEPTANCE OF TERMS IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THIS WEBSITE, INFORMATION AND SERVICES. YOU MUST AGREE TO THE TERMS AND CONDITIONS OF THIS WEBSITE AND SERVICES SUBSCRIPTION TERMS OF USE AGREEMENT, WHICH INCLUDES THE 3S PRIVACY POLICY (COLLECTIVELY, THE "AGREEMENT"), BEFORE USING THIS WEBSITE OR INFORMATION. THE AGREEMENT IS A BINDING AGREEMENT BETWEEN YOU AND 3S. This website, and information and services provided through this website, (collectively, the "Service" or "Services") are owned or licensed by Super Sport Systems, LLC ("3S"), a Virginia Limited Liability Company located at 1711 Sheldrake Court Richmond, Virginia 23233. BY USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THE AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE. CHANGES TO THIS AGREEMENT 3S may change any of the terms and conditions contained in this Agreement, including the Privacy Policy, at any time in its sole discretion. If you are a registered user and have subscribed to the Service, the terms of this Agreement in effect at the time of your acceptance and subscription to the Service will remain in effect throughout the duration of your selected Plan. NOTICE OF MATERIAL CHANGES TO THIS AGREEMENT WILL BE POSTED ON THIS WEBSITE WHEN THEY BECOME EFFECTIVE. YOU ARE RESPONSIBLE FOR REVIEWING THE NOTICE AND ANY APPLICABLE CHANGES. YOU AGREE THAT YOUR CONTINUED USE OF THE SERVICE FOLLOWING ANY CHANGES TO THIS AGREEMENT AND AFTER THE CHANGES TAKE EFFECT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICE. PERSONS UNDER 18 YEARS OF AGE 3S expressly has no interest in marketing the Service to anyone under the age of 13. Persons between the ages of 13 and 18 can only subscribe to and use the Service with the express written approval of, and under the guidance and direction of, a parent or legal guardian or athletic coach ("Sponsoring Adult"). Express written permission in the form of a signature to this Agreement by your Sponsoring Adult is required prior to participating in the Service. In such a case, the Sponsoring Adult is the contracting party to this Agreement. A copy of this Agreement must be printed and signed by your Sponsoring Adult and forwarded to 3S via U.S. Mail or commercial courier to 1711 Sheldrake Court Richmond, Virginia 23233, or by fax (SERGEI: FAX NUMBER) ALL PROVISIONS OF THIS AGREEMENT APPLY TO THE USE OF THE SERVICE BY A MINOR, INCLUDING ALL WARRANTY DISCLAIMER, INDEMNIFICATION, AND LIABILITY LIMITATION PROVISIONS. Sponsoring Adult: Athletic Coach YOU UNDERSTAND YOU ARE ENTIRELY AND EXCLUSIVELY RESPONSIBLE FOR THE USE OF THE SERVICE BY THE ATHLETES UNDER YOUR DIRECTION "YOUR SPONSORED ATHLETES"). YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ALL ASPECTS OF THE SECTION ENTITLED "EXERCISE CAN BE DANGEROUS: YOU ASSUME ALL RISK" AND THAT THE TERM "YOU" AS USED HEREIN WHEN APPLYING TO THE HEALTH OF THE USER, APPLIES TO YOUR SPONSORED ATHLETES. FURTHER, YOU REPRESENT AND WARRANT THAT YOU HAVE COMPLIED WITH ALL LAWS, REGULATIONS, POLICIES AND PROCEDURES (COLLECTIVELY, THE "REGULATIONS") REGULATING THE UNDERTAKING OF ATHLETIC EVENTS BY YOUR SPONSORED ATHLETES, INCLUDING WITHOUT LIMITATIONS, SUCH REGULATIONS AS SET FORTH BY UNIVERSITY, CONFERENCE, LEAGUE, AND SCHOOL AUTHORITIES, FEDERAL STATE OR LOCAL GOVERNMENTS, HEALTH ORGANIZATIONS, OR OTHER GROUPS OR REGULATORY BODIES GOVERNING YOUR PROFESSION OR ACTIVITIES RELATING TO YOUR SPONSORED ATHLETES, AND THAT PRIOR TO YOUR SPONSORED ATHLETES ENGAGING THE SERVICE, YOU HAVE UNDERTAKEN THE "PRE PARTICIPATION" PROCEDURES AND SAFEGUARDS APPLICABLE TO AND REQUIRED FOR THEIR PARTICIPATION IN THE SPORT FOR WHICH THEY ARE UNDER YOUR DIRECTION. EXERCISE CAN BE DANGEROUS: YOU ASSUME ALL RISK PARTIPICATION IN ANY EXERCISE PROGRAM, INCLUDING THE SERVICE, CAN BE A POTENTIALLY DANGEROUS, HAZARDOUS ACTIVITY. THE SERVICE IS INTENDED EXCLUSIVELY FOR EACH INDIVIDUAL CUSTOMER AND SHOULD NOT BE USED BY ANYONE ELSE. THE SERVICE IS INTENDED FOR THE PURPOSE OF ATHLETIC TRAINING AND ENHANCING EDUCATION ABOUT THE TRAINING PROCESS. 3S MAKES NO MEDICAL CLAIMS ABOUT THE CAPABILITIES OF THE SERVICE AND IN NO WAY SHOULD THE TRAINING SCHEDULES AND INFORMATION BE USED FOR ANY MEDICAL PURPOSES WHATSOEVER. IF YOU HAVE AN INJURY OR ILLNESS, CONSULT YOUR PHYSICIAN. THE SERVICE IS NOT INTENDED, AND SHOULD NOT BE REGARDED, AS A SUBSTITUTE FOR THE CARE OF A QUALIFIED HEALTH PROFESSIONAL OR SPORTS MEDICINE EXPERT AND YOU SHOULD SEEK MEDICAL ADVICE FOR ANY INJURY OR ILLNESS AND UNDERGO A THOROUGH PHYSICAL EXAMINATION BEFORE BEGINNING ANY NEW TRAINING PROGRAM, INCLUDING THE SERVICE. 3S WILL NOT BE HELD LIABLE FOR ANY INJURY OR ILLNESS THAT OCCURS WHILE A REGISTERED USER IS USING THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT 3S MAKES NO WARRANTIES AND DOES NOT GUARANTEE INDIVIDUAL RESULTS. YOU, NOT 3S, ARE PERSONALLY RESPONSIBLE FOR THE ACHIEVEMENT OF INDIVIDUAL PERFORMANCE GOALS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT ATHLETIC TRAINING IS INHERENTLY DANGEROUS AND CARRIES WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY AND PROPERTY LOSS. YOU UNDERSTAND AND AGREE THAT YOU ASSUME THE RISK OF PARTICIPATING IN THE TRAINING AND ACTIVITIES RECOMMENDED BY 3S, ITS AGENTS AND REPRESENTATIVES. YOU CERTIFY THAT YOU ARE PHYSICALLY FIT AND SUFFICIENTLY TRAINED FOR PARTICIPATION IN THE SERVICE AND THAT A QUALIFIED HEALTH PROFESSIONAL HAS VERIFIED YOUR PHYSICAL CONDITION WITHIN THE LAST SIX MONTHS PRIOR TO ENGAGING THE SERVICE AND THAT YOU HAVE NOT BEEN ADVISED AGAINST PARTICIPATION BY SUCH OR ANY QUALIFIED HEALTH PROFESSIONAL. IN CONSIDERATION OF THIS AGREEMENT, YOU HEREBY INDEMNIFY, RELEASES AND FOREVER DISCHARGES 3S FROM ANY LIABILITY, CLAIMS, LOSSES, COSTS, OR EXPENSES, AND WAIVE THE RIGHT TO PURSUE LEGAL ACTION AGAINST 3S ARISING DIRECTLY OR INDIRECTLY FROM YOUR PARTICIPATION IN THE SERVICE, INCLUDING CLAIMS OR DAMAGES RESULTING FROM DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT DISABILITY OR PROPERTY DAMAGE, MEDICAL OR ECONOMIC LOSSES. THIS AGREEMENT SHALL BE BINDING UPON YOUR HEIRS, ASSIGNEES, SUCCESSORS AND PERSONAL REPRESENTATIVES. YOU HEREBY FURTHER STATE THAT YOU CURRENTLY DO NOT SUFFER FROM ANY PHYSICAL OR MENTAL CONDITION THAT WOULD IMPAIR YOUR ABILITY TO FULLY PARTICIPATE IN THIS SERVICE. YOU FURTHER UNDERSTANDS AND AGREES THAT 3S EXPRESSLY DISCLAIMS ANY WARRANTIES WITH RESPECT TO ANY PRODUCTS OR PROMOTIONAL MATERIALS OFFERED BY THIRD PARTIES AND PROVIDED TO YOU BY 3S, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. PROPRIETARY RIGHTS Intellectual Property and Copyright Infringement Notice The Service, and all materials on or related to the Service including code, images, text, illustrations, logos, audio and video files (collectively "Intellectual Property"), trademarks, are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by 3S, or owned by other parties who have licensed their Intellectual Property to 3S. The compilation (meaning the collection, arrangement, and assembly) of all materials on the Service is the exclusive property of 3S and protected by U.S. and foreign laws and international copyright treaties. Material from the Service and from any other Service owned, operated, controlled, or licensed by 3S may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of 3S's Intellectual Property in any form, including but not limited to use on any other website or networked computer environment, without express written authorization is a violation of 3S's copyrights and other proprietary rights and is strictly prohibited. Notification and Procedure for Making Claims of Copyright Infringement In compliance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2), 3S has designated a Copyright Agent to receive any notification of claimed copyright infringement. 3S's Copyright Agent may be contacted at: Kris R. Keeney, Esq. 3S Copyright Agent Kris R. Keeney, P.C. "Digitalaw" 1015 East Main Street, 3rd Floor Richmond, Virginia 23219 www.digitalaw.com If you wish to notify 3S's Copyright Agent of a claim of copyright infringement, please provide written notice. Your notice must contain the following information: 1.A physical or electronic signature of the person authorized to act on behalf the copyright owner; 2.Identification or description of the copyrighted work you claim has been infringed; 3.Identification or description of the work you believe is infringing on your copyrighted work and enough information to assist 3S in locating the allegedly infringing work; 4.Your address, telephone number, and email address; 5.A statement that you have a good faith belief that the use by the person you believe has infringed on your copyright is not authorized by the copyright owner, its agent, or the law; 6.Your statement, made under penalty of perjury, that the information contained in your notification is accurate, and that you are the copyright owner or are authorized to act on the owner's behalf. Trademarks The words "Super Sport Systems," the 3S logo and other related logos are trademarks and/or trade dress of 3S or its affiliates. None of 3S's or its affiliates' trademarks may be used in connection with any product or service that is not 3S's or its affiliates', in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits 3S, or its affiliates. Licenses Your Grant to 3S. By entering into this Agreement and/or using the Service, you grant 3S and its affiliates a perpetual, nonexclusive, world-wide, royalty-free, irrevocable and fully sublicensable right and license to store, copy, modify, translate, distribute, calculate upon, display and otherwise use any of your Submissions, and any or all information contained therein, for the purpose of providing the Service to you and all uses naturally associated with the provision of the Service. "Submissions" are your postings and the information you provide to the Service through your use of the Service. 3S's Grant to You. Subject to your compliance with all the terms and conditions of this Agreement, 3S grants to you a limited license to make personal use of the Service. This license expressly excludes, without limitation, any resale, modification, or commercial use of the Service or any portion thereof and making any derivative works based upon or distributing or copying the Service, except as expressly permitted hereunder. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of 3S and its affiliates without express written consent of 3S. You may not use any meta tags or any other "hidden text" utilizing the name or trademarks of 3S and its affiliates without the express written consent of 3S and its affiliates. Any unauthorized use terminates the permission or license granted by 3S in this paragraph. INDEMNIFICATION You agree to defend, indemnify, and hold harmless 3S and its affiliates, and each of their officers, directors, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney's fees, relating to or arising out of any breach of this Agreement or any use of the Service by you, or by any other person using the Service through you or using your computer. DISCLAIMER OF WARRANTY YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT OF THE SERVICE IS YOURS AND YOURS ALONE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, 3S AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER 3S NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE SERVICE, INCLUDING ITS INFORMATION, WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS OR MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (II) THAT THE SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (III) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY SUBMISSION, RECOMMENDATION, OR OTHER MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SERVICE OR THE SITE; (IV) THE AVAILABILITY FOR SALE, OR THE RELIABILITY OR QUALITY OF ANY PRODUCTS DISCUSSED, REVIEWED BY USERS OR REFERENCED USING THE SERVICE; (VII) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (VIII) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR THAT THE SERVICE IS NONINFRINGING. 3S AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE 3S AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF 3S OR ITS AFFILIATES. IF YOU PURCHASE A PRODUCT OR SERVICE AS A RESULT OF USING THE SERVICE, AND A DISPUTE ARISES BETWEEN YOU AND THE SELLER, YOU RELEASE 3S AND ITS AFFILIATES, AND ANY OF ITS OR THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES, FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. LIMITATION OF LIABILITY IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL 3S OR ANY OF ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, INCLUDING WITOUT LIMITATION, (I) USE OF THE SERVICE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED FROM THE SERVICE, (II) ANY USE OR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICE, OR (III) ANY GOODS OR SERVICE DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER SUBMISSIONS You are responsible for your Submission. All Submissions must be accurate and truthful. You may not post in any Submission material that you know or reasonably should know to be false or materially misleading, or that is libelous, defamatory, obscene, vulgar, abusive, harassing, threatening, or otherwise objectionable, or that is solely commercial in nature, or that invades a person's privacy, infringes another person's intellectual property rights, or otherwise violates any law or regulation. 3S is not responsible for, and does not represent or endorse the accuracy or reliability of, any opinion, advice, statement, recommendation or other information included in any Submission posted on the Service. Any reliance by you on any such opinion, advice, statement, recommendation or other information in a Submission shall be at your sole risk. You acknowledge that transmission to and from the Service is not confidential and your Submissions may be read or intercepted by others. Without limiting the foregoing, 3S retains the right but not obligation in its absolute and sole discretion to screen, edit, or delete any Submission or other content displayed, uploaded to, distributed, or otherwise published through the Service and to prevent or restrict access to the Service for any reason, including to purge Submissions, or take any other action to restrict access to or availability of material. ANTI-SPAM POLICY AND ACCEPTABLE USE While we encourage you to refer friends, family, colleagues, and others to use the Service, you may do so only through methods that are consistent with the terms and conditions of your own Internet service provider as well as prevailing standards of acceptable Internet use and behavior. In particular, you may not use the Service, name, trademarks, or other intellectual property of 3S in conjunction with the sending of unsolicited email, or cause to be used 3S's equipment, network connectivity, or other resources to originate, deliver, relay, or otherwise transmit unsolicited email messages. You may not engage in any of these prohibited activities by using the service of any other provider, third-party agent, remailing service, or address forwarding service, in such a way that 3S's network addresses or 3S-hosted Web or email services are in any way identified as being associated with the sending of unsolicited email. Other prohibited methods of advertising or promoting your involvement with 3S include multiple postings of messages to Usenet newsgroups, mailing lists, chat rooms (including IRC, AIM, ICQ, or other interactive chat services) or other online forums. Incidents of "spamming" or similar inappropriate behavior should be reported to support@3ssite.com. ACCESS TO 3S'S SERVICE To use the Service, you must provide all your own equipment to establish a connection to the Internet and provide for your own access, including paying any fees. 3S may change, suspend, terminate or discontinue any aspect of the Service at any time, including the availability of any feature, database, or content. 3S may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability. Upon 3S’s determination, in its sole discretion, that you have violated this Agreement or the law, 3S shall terminate your access to the Service without notice. OTHER WEBSITES TO WHICH 3S'S SERVICE LINK OR REFER The Web changes constantly, and no technique can ever index all pages accessible on the Web. As a result, 3S cannot guarantee the completeness or accuracy of the websites or URLs to which 3S's Service link or refer. Further, 3S does not screen the websites link to from the Service, and these other websites are maintained by persons over whom 3S exercises no control. For these reasons, 3S assumes no responsibility for the content of any website or URL included in or referred to by the Service and is not responsible for errors or omissions or for offensive or objectionable content contained on any website or URL included in the Service. ILLEGAL, UNAUTHORIZED, OR FRAUDULENT CONTENT OR ACTIVITIES The Service may be used only for lawful purposes and in a lawful manner and in compliance with the Agreement. You agree to comply with all applicable laws and regulations. 3S has the right, but not the obligation, to monitor any Submission, activity, and content associated with the Service. 3S may investigate any reported violation of its policies and take any action it deems appropriate, including terminating your access to the Service without notice. Any of the following, without limitation, would be a violation of the Agreement, and upon 3S’s determination, in its sole discretion, that you have engaged in any of the following, 3S shall terminate your access to the Service without notice, and to the extent applicable, remove, or disable access to, any material that is in violation of the following or claimed to be infringing or to be the subject of infringing activity. Accordingly, you expressly represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Service any materials which (i) restrict or inhibit any other user from using and enjoying the Service, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, or (vi) constitute or contain false or misleading indications of origin or statements of fact. 3S may report any activity it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect 3S's systems and users, to ensure the integrity and operation of 3S's business and systems, or in response to subpoenas, court orders, or legal requirements, 3S may access and disclose any information it considers necessary or appropriate, including user contact details, IP addressing and traffic information, posted content, and Web usage paths. By using the Service you expressly consent to the foregoing use and disclosure. APPLICABLE LAW; JURISDICTION AND VENUE This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of laws, and you hereby consent to the personal jurisdiction of the state and federal courts of Virginia. ARBITRATION You and 3S agree any and all disputes and claims relating in any way to this Agreement (including the arbitrability of any claim or dispute and the enforceability of this paragraph), with the exception set forth in the next paragraph, shall be submitted to and resolved by means of confidential arbitration conducted in the Commonwealth of Virginia, City of Richmond. The arbitration shall be conducted under the then prevailing Commercial Arbitration Rules of the American Arbitration Association ("AAA"). You and 3S may litigate in court only to compel arbitration under this Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby excluded. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other current or former user of the Service, whether through class arbitration proceedings or otherwise. However, to the extent you have in any manner violated or threatened to violate 3S's intellectual property rights, 3S may seek injunctive or other appropriate relief in any state or federal court in the Commonwealth of Virginia, and you consent to exclusive jurisdiction and venue in such courts. GENERAL PROVISIONS Entire Agreement This Agreement, which includes the 3S Privacy Policy, constitutes the entire agreement of the parties with respect to the subject matter hereto and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter, hereof, oral or written. Severability If any provisions of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. No Waiver 3S's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of 3S's right to subsequently enforce such provisions or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing. Survivability All provisions of this Agreement relating to ownership of intellectual property and proprietary rights, warranty disclaimers, limitation of liability, and indemnification shall survive the termination of your use or access to the Service, for whatever reason. Injunctive Relief You acknowledge that your violation of the provisions relating to intellectual property and proprietary rights may cause damage to 3S which is unquantifiable but nonetheless real and irreparable. Accordingly, in the event 3S determines in its sole discretion that you have violated or will violate any such provision, 3S will be entitled to injunctive relief from a court of competent jurisdiction restraining such violation. This right to injunctive relief shall be cumulative and shall not restrict or limit 3S’s ability to resort to any other remedy available under law or equity. Remedies 3S’s specific remedies set forth under this Agreement for any breach by you of this Agreement or otherwise shall be cumulative and shall not restrict or limit 3S’s ability to resort to any other remedy available under law or equity. Any rights not expressly granted to you herein are reserved by 3S.

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