CONTENTBOXER TERMS OF USE

Eligibility and Assent to Terms

Welcome to ContentBoxer. The following Terms of Service for the ContentBoxer.com Web site and related services offered by Minnick Web Services, LLC (“MWS”) is a legal contract between you and MWS regarding your use of ContentBoxer.

ContentBoxer is not available to persons under the age of 18 or to any users previously suspended or removed from ContentBoxer by MWS.

YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS, AND PAYMENT TERMS DESCRIBED ON CONTENTBOXER’S SIGN-UP SCREENS OR WRITTEN INTO SEPARATE CONTRACTS EXECUTED BETWEEN MWS AND YOU (COLLECTIVELY, THE “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF CONTENTBOXER.

IF YOU ARE USING OR OPENING AN ACCOUNT WITH CONTENTBOXER ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, AN “ORGANIZATION”) THEN YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THAT ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS; (AND AGREE TO THESE TERMS ON BEHALF OF SUCH ORGANIZATION).

BY CREATING YOUR CONTENTBOXER ACCOUNT AND USING CONTENTBOXER, YOU ASSENT TO AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM CONTENTBOXER.

Modification

At its sole discretion, MWS reserves the right, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of ContentBoxer after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on ContentBoxer.

Individual Features and Services

When using ContentBoxer, you will be subject to any additional posted guidelines, rules or additional terms applicable to specific features which may be posted from time to time.

ContentBoxer User Definitions

ContentBoxer is intended for two classes of individuals, those who create and upload content (“Content Publishers”) and those who download and read or view the content (“Users”). A User may also be a Content Publisher, and vice versa.

For Content Publishers, ContentBoxer enables the distribution of premium content using a registration process to collect information such as sales leads, subscriptions, or survey data from Users interested in the content. For Users, ContentBoxer enables the viewing of a Content Publisher’s premium content.

THESE TERMS OF SERVICE APPLY EQUALLY TO CONTENT PUBLISHERS AND USERS EXCEPT WHERE SPECIFICALLY NOTED.

Content Publisher Accounts

When you use ContentBoxer to upload your content, you may be asked to provide a password. You are solely 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. You agree that the information you provide when registering to use ContentBoxer and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify MWS. You may be liable for the losses incurred by MWS or others due to any unauthorized use of your ContentBoxer account.

Digital Millennium Copyright Act

It is MWS’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to MWS’s DMCA Notification Guidelines. MWS will promptly terminate without notice any Content Publisher’s access to ContentBoxer if that Content Publisher is determined by MWS to be a “repeat infringer,” i.e., a Content Publisher who has been notified by MWS of infringing activity violations more than twice and/or who has had a Content Upload removed from ContentBoxer more than twice. "Content Upload” as used herein means the upload and distribution of authorized digital content by a Content Publisher.

Permission to Use ContentBoxer

Content Publishers: Subject to your compliance with the terms and conditions set out in this Terms of Service, MWS hereby grants to you a limited, non-exclusive, non-transferable, freely revocable license to use ContentBoxer to (i) upload Content Uploads (ii) to view, use, and access the creation and management tools, and related services offered by ContentBoxer; and (iii) to participate in any other programs, services, or features of ContentBoxer now or hereafter made available by MWS.

Users: Subject to your compliance with the terms and conditions set out in this Terms of Service, MWS hereby grants you a limited, non-exclusive, non-transferable, freely revocable license to use ContentBoxer to access and view content files uploaded by Content Publishers.

Rights Reserved

MWS reserves all rights not expressly granted in this Terms of Service. You acknowledge that MWS may automatically issue upgraded versions of the software and systems comprising ContentBoxer and, accordingly, may upgrade the version of ContentBoxer that you are using. MWS reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of ContentBoxer, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

Use of ContentBoxer

Content Publishers: The following license includes the right for MWS to display and make your Content Uploads available on ContentBoxer in accordance with the ContentBoxer Plan you purchase.

By distributing or disseminating your Content Uploads through ContentBoxer, you hereby grant to MWS a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, and otherwise enable the download by Users.

By uploading and publishing your Content Uploads, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize MWS and your designated Users to use and distribute your Content Uploads as necessary to exercise the licenses granted by you in this section and in the manner contemplated by MWS and this Terms of Service; (2) your Content Uploads do not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (ii) your Content Uploads do not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of ContentBoxer. Violators of these third-party rights may be subject to criminal and civil liability. MWS reserves all rights and remedies against any Content Publishers who violate this Terms of Service.

Further, you understand that MWS is not responsible for the accuracy, content, usefulness, or intellectual property rights of or relating to Content Uploads. CONTENT PUBLISHERS ARE COMPLETELY AND SOLELY RESPONSIBLE FOR THE LEGAL AND APPROPRIATE USE OF THEIR USER DATA, INCLUDING USER EMAIL ADDRESSES, IN WHATEVER LOCALE OR JURISDICTION THAT USE MAY OCCUR.

By uploading and publishing your Content Uploads, you agree to retain back-up copies of your content files.

Users: You understand and acknowledge that you may be exposed to Content Uploads that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MWS with respect thereto.

MWS does not endorse any Content Uploads or any opinion, recommendation or advice expressed therein, and MWS expressly disclaims any and all liability in connection with Content Uploads. If notified by a User or Content Publisher of a Content Upload that allegedly does not conform to these Terms of Service, MWS may investigate the allegation and determine in its sole discretion whether to remove the Content Upload, which it reserves the right to do at any time and without notice.

MWS does not permit copyright infringing activities on ContentBoxer.

By using ContentBoxer, you agree to maintain security and malware protection software on your computers and other viewing devices and apply operating system and application security patches as they become available.

Prohibited Conduct

YOU AGREE NOT TO COMMIT ANY ACT OF THE FOLLOWING PROHIBITED CONDUCT:

i) use ContentBoxer for any purposes other than to disseminate original or appropriately licensed content and/or to access ContentBoxer as such services are offered by MWS;

(ii) delete the copyright or other proprietary rights on ContentBoxer or Content Uploads;

(iii) make unsolicited email offers, email advertisements, email proposals, or send junk email or spam to Users or other Content Publishers.

(iv) use ContentBoxer in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy or post, upload, or distribute any defamatory, libelous, or inaccurate Content Uploads or other content;

(v) defame, harass, abuse, threaten or defraud Users of ContentBoxer, or post, upload, or distribute any Content Uploads that are unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, or collect, or attempt to collect, personal information about Users or third parties without their consent.

(vi) rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined below);

(vii) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access ContentBoxer accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via ContentBoxer, or perform any other similar fraudulent activity;

(viii) hack, remove, circumvent, disable, damage or otherwise interfere with security-related features of ContentBoxer or Content Uploads, features that prevent or restrict use or copying of any content accessible through ContentBoxer, or features that enforce limitations on the use of ContentBoxer or Content Uploads, or intentionally interfere with or damage operation of ContentBoxer or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating malware, viruses, adware, spyware, worms, or other malicious code;

(ix) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of ContentBoxer or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

(x) modify, adapt, translate or create derivative works based upon ContentBoxer or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(xi) remove, obscure, block, hide or otherwise alter the display of any advertising (or any parts or aspects thereof), MWS brand elements, including logos, trademarks, service marks or other Materials displayed by MWS in connection with ContentBoxer in any manner whatsoever, regardless of your use of the embedding or linking functionality of ContentBoxer to display authorized content on your or other third-party sites.

(xii) use or launch any automated system, including without limitation “robots,” “spiders,” and “offline readers,” that accesses ContentBoxer or any of its features in a manner that sends more request messages to ContentBoxer in a given period of time than a human can reasonably produce in the same period by using a conventional web browser.

Third-Party Sites

ContentBoxer may include links or references to other Web sites or services solely as a convenience to Users (“Linked Sites”). MWS does not endorse any such Linked Sites or the information, materials, products, or services contained on or accessible through Linked Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through ContentBoxer are solely between you and such advertiser. Access and use of Linked Sites, including the information, materials, products, and services on or available through Linked Sites is solely at your own risk.

Termination; Violations.

You agree that MWS, in its sole discretion, and without penalty, may terminate or suspend any account hosted by, or your use of, ContentBoxer and remove and discard all or any part of your account, User profile, and any Content Upload, for any reason at any time. MWS may also in its sole discretion and at any time discontinue providing access to ContentBoxer, or any part thereof, with or without notice. You agree that any termination of your access to ContentBoxer or any account you may have or portion thereof may be effected without prior notice, and you agree that MWS will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies MWS may have at law or in equity. Upon termination for any reason, you agree to immediately stop using ContentBoxer. Your only remedy with respect to any dissatisfaction with (i) ContentBoxer, (ii) any term of this Terms of Service, (iii) any policy or practice of MWS in operating ContentBoxer, or (iv) any content or information transmitted through ContentBoxer, is to terminate this Terms of Service and your account. You may terminate this Terms of Service at any time by discontinuing use of any and all parts of ContentBoxer.

Privacy

Your privacy is important to MWS. MWS’s Privacy Policy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to MWS’s collection, use, and disclosure of your personal information.

Ownership; Proprietary Rights.

ContentBoxer is owned and operated by MWS. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of ContentBoxer provided by MWS (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.

Except for any Content Uploads that are provided and owned by Users, all Materials contained on ContentBoxer are the property of MWS or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to MWS or its affiliates and/or third-party licensors. Except as expressly authorized by MWS, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. MWS reserves all rights not expressly granted in this Terms of Service.

Indemnification

You agree to indemnify MWS, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of ContentBoxer, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. MWS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify MWS, and you agree to cooperate with MWS’s defense of these claims. Upon notice of any impending claim, action or proceeding, MWS will use reasonable efforts to notify of any indemnification obligation.

Disclaimer of Warranties

MWS, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MWS OR THROUGH CONTENTBOXER WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT THIS DISCLAIMER INCLUDES MWS’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. YOU EXPRESSLY AGREE THAT THE USE OF CONTENTBOXER IS AT YOUR SOLE RISK. CONTENTBOXER AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT UPLOADS, LINKED SITES, PRODUCTS, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH CONTENTBOXER ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. MWS, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT UPLOADS, OR ANY OTHER PRODUCTS, SERVICES OR APPLICATIONS OFFERED ON OR THROUGH CONTENTBOXER OR ANY LINKED SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. MWS, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF CONTENTBOXER OR ANY LINKED SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH CONTENTBOXER OR ANY LINKED SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

CONTENT PUBLISHERS ARE COMPLETELY AND SOLELY RESPONSIBLE FOR THEIR UPLOADED CONTENT FILES, INCLUDING BUT NOT LIMITED TO:

• THEIR FITNESS FOR ANY PARTICULAR PURPOSE
• THEIR COMPATIBILITY WITH A USER’S HARDWARE/SOFTWARE
• THEIR SAFETY WITH REGARDS TO VIRUSES, MALWARE, AND SPYWARE.

Limitation of Liability and Damages

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL MWS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE CONTENTBOXER OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH MWS OR OTHER MWS SERVICE USERS, EVEN IF MWS OR AN MWS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MWS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL MWS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF CONTENTBOXER OR YOUR INTERACTIONS WITH MWS OR OTHER MWS SERVICE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING CONTENTBOXER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY LINKED SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN MWS AND RECEIVED THROUGH OR ADVERTISED ON CONTENTBOXER OR RECEIVED THROUGH ANY LINKED SITES.

YOU ACKNOWLEDGE AND AGREE THAT MWS HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND MWS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MWS. MWS WOULD NOT BE ABLE TO PROVIDE CONTENTBOXER TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

United States Export Controls

You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under this Terms of Service are contingent on your compliance with this provision.

Miscellaneous

MWS may provide you with notices, including those regarding changes to MWS’s terms and conditions, by email, regular mail or postings on ContentBoxer. Notice will be deemed given twenty-four hours after an email is sent. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through ContentBoxer. In such case, notice will be deemed given three days after the date of mailing. Notice posted on ContentBoxer is deemed given 30 days following the initial posting.

The failure of MWS to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by MWS.

These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

For Users residing outside the United States of America and using ContentBoxer in another territory, any dispute or claim arising out of or in connection with these Terms or your use of ContentBoxers shall be finally settled by binding arbitration in San Francisco, California under the Rules of Arbitration of the International Chamber of Commerce by three arbitrator(s) appointed in accordance with said rules; judgment on the award rendered by these arbitrators may be entered in any court having jurisdiction thereof. The parties agree that this arbitration is the exclusive remedy for any disputes. For Users residing inside the United States of America and using ContentBoxer in the United States, you agree that any action at law or in equity arising out of or relating to these Terms or MWS as an entity will be filed only in the state or federal courts in and for Sacramento County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MWS without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between you and MWS relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by MWS as set forth above.

YOU AND MWS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO CONTENTBOXER MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

The services are offered by Minnick Web Services, LLC, located at:

Minnick Web Services
2031 P Street
Sacramento, CA 95811
USA
916-551-1453