3. MODIFICATION TO SERVICE
5. FEES AND PAYMENTS
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(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED,
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(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
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BookBrowse Membership Services, BookBrowse.com, BookBrowse ezine, BookBrowse widgets and other BookBrowse.com logos and product and service names are
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The failure of BookBrowse to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
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19. SEVERABILITY
If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this
Agreement will remain in force.
20. ENTIRE AGREEMENT
This Agreement and any other terms and conditions of service on https://www.bookbrowse.com constitute the entire agreement between you and BookBrowse and govern your use of the Service.
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22. DISPUTE RESOLUTION AND ARBITRATION
You hereby agree to resolve any and all past, present, or future claim, controversy, or dispute of any description (each, a "Dispute") arising as a result of your use of the Website or the services, solely pursuant to the terms of the sections below.
Management Resolution. Disputes shall first be referred to each party or their authorized representatives for discussion and resolution ("Management Resolution").
Arbitration. Should Management Resolution fail to resolve the Dispute, then you agree that the Dispute you have arising out of, relating to, or in connection with your relationship or dealings with the Company (including any of its predecessors, successors, affiliates, subsidiaries, parent companies, agents, employees, representatives, directors, managers, officers, shareholders, assigns, associates, attorneys, distributors, and all other persons acting on their behalf) shall be resolved by final, binding arbitration ("Arbitration") administered by the American Arbitration Association ("AAA") under the AAA's Consumer Arbitration Rules. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. BY AGREEING TO THESE TERMS OF SERVICE, YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE. You and the Company agree that the arbitrator selected to resolve the Dispute shall also have exclusive authority to resolve all gateway issues of arbitrability, including without limitation all issues of his/her own jurisdiction; all issues about the formation, interpretation, applicability, validity, or enforceability of this arbitration provision, the website, the Terms of Service, or the Privacy Statement; all issues about what claims or disputes or parties are covered by this arbitration provision; and all substantive or procedural defenses to enforcement of this arbitration provision. You and the Company agree and understand that these methods shall be the sole remedy to resolve any controversy or claim arising from or related to the Dispute, and you and the Company expressly waive the right to file a lawsuit in any civil court against the other party for such Disputes, except to enforce an arbitration decision or to compel arbitration.
Location. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Plymouth, Massachusetts.
Injunctive Relief. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Class Action Waiver. Notwithstanding any rule or procedure of the AAA, you and the Company agree that any Dispute filed against each other must be on an individual basis and not as a class or collective action. You agree that the arbitrator shall be restricted to resolving only the Dispute between you and the Company and will not be allowed to conduct any consolidated or class-wide arbitration proceedings involving claims or disputes of other persons. You waive any right to represent others in a class action or to participate as a class member in any class action.
If, for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Plymouth, Massachusetts, and you and the Company hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
23. LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
THE FOREGOING DOES NOT AFFECT ANY STATUTE OF LIMITATIONS THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
24. GOVERNING LAW AND JURISDICTION
All matters relating to the Website, our services, these Terms of Service, and our Privacy Statement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
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