Titan Tool, Inc.
1770 Fernbrook Lane
Plymouth, MN 55447
Your Consent to Other Agreements
Ownership of this Site and its Content
This Site, including all its Content, is protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Titan Tool or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content elsewhere or broadcast the Content in any media.
Responsibility for User-Generated Content Posted on or Through this Site
You are responsible for User-Generated Content that you post. Under no circumstances will we be liable in any way for any User-Generated Content.
Because we do not control the User-Generated Content posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User-Generated Content. You also agree and understand that by accessing this Site, you may encounter User-Generated Content that you may consider to be objectionable. We have no responsibility for any User-Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any User-Generated Content posted, e-mailed, transmitted or otherwise made available on or through this Site. The User-Generated Content posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Titan Tool or any person or entity associated with Titan Tool.
You own User-Generated Content, but we may use it. You own the copyright in any original User-Generated Content you post. We do not claim any copyrights in User-Generated Content. However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize User-Generated Content you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, with or without attribution, without restriction or notification, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any User-Generated Content that you do not wish to license to us, including any confidential information or product ideas.
We may disclose and/or remove User-Generated Content. Titan Tool reserves certain rights. We reserve the right (but do not assume the obligation) to:
- monitor all User-Generated Content;
- censor, editor, remove, or block any User-Generated Content at any time without notice at our sole and absolute discretion;
- terminate your access to and use of this Site.
You agree that our exercise of such discretion does not render us the owners of User-Generated Content you post, and that you will retain ownership thereof as described above.
upload, post, transmit or otherwise make available:
- any User-Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
- any User-Generated Content that constitutes or promotes any illegal activity, including, without limitation, any User-Generated Content constituting or encouraging conduct that would be a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
- any User-Generated Content that is false, misleading, or fraudulent;
- any User-Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- any User-Generated Content that violates or infringes upon the rights of others, including User-Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
- any User-Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
- any request for or solicitation of any personal or private information from any individual;
- any request for or solicitation of money, goods, or services for private gain;
- any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- any User-Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- violate any local, state, national or international law, rule or regulation.
Your New Ideas
Although we do not claim ownership of User-Generated Content you post using this Site, any New Ideas (as defined below) you provide to us through this Site will be and remain our exclusive property. Your submission of New Ideas will constitute an assignment to us of all worldwide rights, title and interests in your New Ideas, including all copyrights and other intellectual property rights in your New Ideas. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any New Ideas you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any New Ideas that you do not wish to assign to us.
The Titan Tool names and logos, all product and service names, all custom graphics, all button icons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Titan Tool (the “Titan Tool Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use the Titan Tool. Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of the Titan Tool. Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
In consideration of your use of this Site, you agree that to the extent you provide Personal Information to Titan Tool it will be true, accurate, current, and complete and that you will update all Personal Information as necessary.
If you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided above. Until we are so notified you will remain liable for any unauthorized use of your account.
You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR, EXCEPT AS PROVIDED BELOW, ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, TITAN TOOL , ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TITAN TOOL , ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
TTIAN TOOLDOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE OR OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED TTIAN TOOLSPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE OR OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE OR OPINIONS OF TITAN TOOL . WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
Without limiting the foregoing, certain products offered on or promoted through this Site may be covered by a product warranty, and the limitations and disclaimers set forth herein will not limit or restrict any warranty for any product available for purchase on this Site or promoted through this Site.
Applicable law may not allow the limitation of certain warranties, so all or part of this disclaimer of warranties may not apply to you.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
Links to Third-Party Websites
Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
The term “Site” refers to the Website located at TitanTool.com and owned by Titan Tool Corp.
The terms “Titan Tool ,” “we,” “us,” and “our” refer to Titan Tool Corp.
The term “Content” refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including User-Generated Content.
The term “New Ideas” refers to the Content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.
The term “Personal Information” refers to information that identifies you personally, alone or in combination with other information available to us. Examples of Personal Information include your name, address, and e-mail address.
The term “User-Generated Content” refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other Content that you post on or through this Site using the social networking tools we make available to you and that does not constitute New Ideas. One way that User-Generated Content differs from other information you provide to us is that, once submitted, User-Generated Content is made available instantaneously to others who visit this Site. Examples of User-Generated Content include comments posted to discussion boards and product reviews.
Governing Law, Jurisdiction and Venue
MotivAction Terms and Conditions of Use
MotivAction, LLC ("MotivAction") requires that all the visitors to our Website(s) (the "Site") adhere to these Terms and Conditions. By accessing the Site you indicate your acknowledgment and acceptance of these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site.
This Agreement may be amended at any time by posting the amended Terms and Conditions on the Site..
- Use of Site. You have a limited license to access and make purchases on this Site provided you do not modify, alter or download (other than page caching) any portion of it. The permission granted to you shall terminate automatically if you breach any of these Terms and Conditions. We reserve the right to modify or remove any materials or products listed on the Site at any time without notice.
- Prohibited Use of Site. You shall not make any commercial use of this Site or its contents, product listings, descriptions, or prices. You further agree not to download or copy any account information for the benefit of any merchant or use any data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You agree not to interfere, disrupt or attempt to gain unauthorized access to other accounts that use this Site or any other computer network. You further agree not to disseminate, store or transmit viruses, Trojan horses or any other malicious code or program or engage in any other activity deemed by us to be in conflict with the spirit or intent of these Terms and Conditions.
- Equipment. You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site including all hardware, software, electrical and other physical requirements for your use of this Site, including, without limitation, telecommunications, internet access connections, web browsers or other equipment, programs and services required to access and use the Site.
- Security. You shall be solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use, purchases, or charges incurred from use of the Site with your password. If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
- Cookies. When you visit this Site, MotivAction may store some information on your computer. This information will be in the form of a "cookie" or similar file and can help us maintain and improve this Site. A "cookie" is a small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It functions as your identification card, recording such things as Internet addresses, passwords, and preferences. It cannot be executed as code or deliver viruses. With most Internet browsers, you can erase "cookies" from your computer hard drive, block all "cookies," or receive a warning before a "cookie" is stored. Please refer to your browser instructions to learn more about these functions.
- Accessibility. You agree that from time to time this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs; or (iii) causes beyond our control or which are not reasonably foreseeable.
Ownership of Intellectual Property
- Trademarks. Trademarks, service marks and logos ("Trademarks") used and displayed on this Site are registered and unregistered Trademarks owned by MotivAction or others. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademark displayed on this Site. You may not frame or utilize framing techniques to enclose any Trademarks, brand names, logos, or use any meta tags or any other "hidden text" utilizing Trademarks. Any unauthorized use terminates the permission or license granted.
- Copyrighted Works. All content contained on this Site, including but not limited to images/video, photos, electronic art, animations, graphics, sounds/audio, information and data, communications programs, Internet links, electronic mail services, user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, directories, and databases, are owned by others. You agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, or publicly display any content (except for your personal non-commercial use) from the Site.
We attempt to be as accurate as possible in providing product descriptions. However, we do not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. Although we have made every effort to display and describe the likeness of each product (including, without limitation, colors, sizes, imprint areas and designs) as accurately as possible, it is possible that the displayed likeness of the products or services will depend upon the manufacturer's or provider's available graphic image as well as the quality of your monitor. We cannot guarantee that the Site or your monitor will accurately portray the actual likeness of the products. Products displayed on this Site may be out-of-stock or discontinued and products displayed on this Site are subject to change without notice
Disclaimer of Warranties
MOTIVACTION, LLC AND ITS MEMBERS, AGENTS, OFFICERS, DIRECTORS, GOVERNORS, EMPLOYEES, AND SUPPLIERS PROVIDE THIS SITE AND PRODUCTS OFFERED ON THIS SITE "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOTIVACTION, LLC AND ITS MEMBERS, AGENTS, OFFICERS, DIRECTORS, GOVERNORS, EMPLOYEES, AND SUPPLIERS DO NOT WARRANT THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MOTIVACTION, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOTIVACTION, LLC DOES NOT WARRANT THAT THIS SITE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOTIVACTION, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Disclaimer of Warranties
UNDER NO CIRCUMSTANCES SHALL MOTIVACTION, LLC BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES OR PRODUCTS OFFERED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL MOTIVACTION'S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED $100.00. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS, THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF A PRODUCT OR SERVICE OFFERED ON THIS SITE IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION TO THE MANUFACTURER OR THE PROVIDER OF THE SERVICE.
Release and Indemnification
- Release. In the event that you have a dispute with a purchase or the manufacturer of any products or provider of services offered on this Site, you agree to release MotivAction and its members, governors, directors, officers, employees and agents from all 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. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
- Indemnification. You agree to indemnify, hold harmless and defend MotivAction, its members, governors, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) your use of this Site, including any data or work transmitted or received by you; and (c) any prohibited use of the Site as set forth in Section 1 (b).
These Terms and Conditions are effective upon your use of the Site. We reserve the right, in our sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Site; (b) suspend your access to or use of all or any portion of the Site; and (c) terminate or amend these Terms and Condition.
- Amendment. We shall have the right, at any time and without notice, to add to or modify these Terms and Conditions. Your access to or use of the Site after the date such amended terms are delivered to you shall be deemed to constitute acceptance of such amended terms.
- Waiver. No waiver of any term, provision or condition of these Terms and Conditions, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
- Severability. If any provision of these Terms and Conditions is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
- Law. These Terms and Conditions shall be governed by the laws of the State of Minnesota without reference to conflicts of laws.
- Forum. All actions, claims or disputes arising under or relating to these Terms and Conditions shall exclusively be brought in the federal or state courts in the State of Minnesota. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts in the State of Minnesota. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of Minnesota and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in the State of Minnesota.
- Deposits. All account transactional activity is subject to Award Headquarters’s final verification. Award Headquarters may reverse or otherwise adjust any transactional activity it believes has erroneously been made to a User’s account.
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