TERMS OF USE

 

1. INTRODUCTION AND ACCEPTANCE

(A) Welcome to GoiLawn.com, (“Website”) an interactive online service operated by GIS Dynamics LLC and its subsidiaries (“GIS,” “us,” “we,” or “our”).
(B) PLEASE READ THESE TERMS OF USE (“TERMS OF USE” OR “AGREEMENT”) CAREFULLY BEFORE USING THE WEBSITE. WE PROVIDE THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU USE THE WEBSITE (COLLECTIVELY “YOU”), SUBJECT TO THIS AGREEMENT. THIS AGREEMENT IS ENTERED INTO BY AND BETWEEN GIS AND YOU, AND YOU ACCEPT IT BY: (a) PLACING AN ORDER THROUGH THIS WEBSITE; (b) USING THE WEBSITE IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THIS AGREEMENT, DO NOT USE THIS WEBSITE FOR ANY REASON.
(C) In addition to these Terms of Use, we have established a Privacy Policy to explain how we collect and use information about you. A copy of this Privacy Policy can be found here: and is incorporated by reference into these Terms of Use. By accessing or using the Website, you are also signifying your acknowledgement and agreement to our Privacy Policy.
(D) YOU ARE NOT PERMITTED TO USE THIS WEBSITE IF YOU ARE UNDER THE AGE OF 13.
(E) Effective Date: This Agreement is effective as of June 3, 2013.
 

2. INTELLECTUAL PROPERTY

The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Website Content”) and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by us, our licensors, or both. Except for any limited use rights expressly granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
 

3. OUR SERVICES

(A) Our Website includes functionality allowing users to search for properties, view aerial and other imagery of certain properties, review data relating to properties, graphically edit property images, create property boundaries, perform measurements, as well as other features and functionality (“Services”). Our Services in no way comprise or serve as a substitute for actual property or real estate surveys. For instance, for a variety of reasons (e.g., updates to the property, incorrect data, dated imagery, hidden areas, etc.), the boundaries that our Services may visually depict for a particular property may, in fact, be different from the legal boundaries associated with that property. Results or other information provided through our Services are estimates only and should be treated accordingly.
(B) GIS expressly reserves the right to limit or change the amount of data or image tiles that may be consumed by you per search, without notice and for any reason, in accordance with the terms of your pricing plan.
 

4. USER REGISTRATION AND BILLING

(A) You must provide (1) all equipment necessary for your own Internet connection, including computer and modem, (2) pay any fees related to such connection, and (3) your own access to the Internet.
(B) In consideration of your use of the Website, you agree to: (1) provide accurate, current, and complete information about you as may be prompted by a registration form on the Website (the “Registration Data”); (2) maintain the security of your password and identification; (3) maintain and promptly update the Registration Data, and any information you provide to GIS, to keep it accurate, current and complete; and (4) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website. If you believe someone has accessed the Website using your registration account and password without your authorization, e-mail us immediately at info@gisdynamics.com.
(C) You acknowledge, consent and agree that we may preserve and disclose your Registration Account information and the contents of your online communications if required to do so by law, or in good faith believe that preservation and/or disclosure is reasonably necessary for the following purposes: (1) to comply with legal process, such as a court order, search warrant, or subpoena; (2) to enforce the terms of this Agreement; (3) to render service you request; (4) to protect the rights or property of GIS and its third-party suppliers and licensors; or (5) in circumstances that we deem, in our sole discretion, to pose a threat to the safety of you or others.
(D) If you subscribe to a Service that requires monthly billing, you agree and authorize GIS Dynamics to automatically bill your credit card every 30 days from the date that you established the Services. If you elect to be automatically billed each month, you will be required to submit your credit card information to our secure third-party processing company, Omega Processing Solutions: http://www.omegap.com/home/cincinnati-pos-systems.php. Your credit card information is not being submitted to GIS Dynamics and GIS Dynamics is not responsible or liable for your credit card information.
(E) Each Power User License entitles the Power User-License holder to no more than 5,000 address searches in a one-year period, from the date the Power User License was purchased. Any additional searches will be subject to additional payment under one of our subscription options.
(F) All address search and property reports credits purchased shall expire one year from date of purchase. Trial packages expire 90 days from the date of purchase. Promotional or free trial accounts expire 30 days from activation.
 

5. YOUR OBLIGATIONS AND CONDUCT

(A) You agree to accept all responsibility and liability for all Content that you upload, post or otherwise transmit via the Website. You also accept responsibility for all activities that occur under your registration account, whether authorized or unauthorized. If you are using the Website on behalf of your employer, you represent and warrant that you are authorized to accept this Agreement on your employer’s behalf, and that your employer agrees to indemnify you and GIS for violations of this Agreement.
(B) By placing or downloading material on the Website, including documents, text, images, audio files or other audio-visual content to the Website (“User Content”), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under this Agreement; and (2) the User Content will not cause injury to any person or entity. Using a name other than your own legal name in association with the submission of User Content is prohibited.
(C) Without limitation, you may not submit or transmit through this Website any material or User Content, or otherwise engage in any conduct, that:
(1) violates or infringes the rights of GIS or others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy, proprietary and/or intellectual property rights;
(2) is an attempt (i) to reverse engineer, de-compile, modify in any way, or create derivative works from GIS Dynamics’s Website Content or software, or any portion thereof, (ii) to access GIS Dynamics’s Website Content or software in order to build a competitive product or service or to copy any ideas, features, functions, or graphics of the Software, or (iii) to export or transmit GIS Dynamics’s Website Content or software to any country to which such transmission is restricted by applicable regulations or statute;
(3) is inaccurate, unlawful, discriminatory, threatening, abusive, harmful, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, pornographic, obscene, offensive, or otherwise objectionable to GIS or other uses of the Website;
(4) victimizes, harasses, degrades, intimidates, discriminates against, or retaliates against an individual or group of individuals on the basis of religion, sex, race, national origin, age, physical or mental disability, sexual orientation, or other characteristics protected by applicable state or federal law;
(5) collects, stores, and/or discloses personal data about other others unless specifically authorized by such others;
(6) impersonates any person, business or entity, including GIS and our employees and agents;
(7) misrepresents your affiliation with a person or entity;
(8) contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
(9) attempts to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means;
(10) transmits spam, bulk or unsolicited communications or posts third-party advertisements;
(11) that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations or other government requirements or rules having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm, or that otherwise could constitute a criminal offense or give rise to civil liability;
(12) violates this Agreement, guidelines or any policy we post on the Website; or
(13) disrupts the normal flow of dialogue or negatively affects or interferes with other users’ ability to use the Website.
(D) You acknowledge that we have the right (but not the obligation), in our sole discretion, to move, remove, block, edit, or refuse any Content, including User Content, for any reason, including, without limitation, that such User Content violates this Agreement or is otherwise objectionable.
(E) WARNING: A VIOLATION OF THESE RULES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
 

6. USER CONTENT

(A) When using our Services, you may do any of the following now or in the future: (1) post, upload, submit, transmit through or otherwise make available to us (collectively “submit”) data, text, information or other content relating to certain properties; (2) edit or modify the images and other information we supply in return using the functionality and tools available through our Website; and (3) submit content (e.g., messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials) for posting on our Website. Any content you submit through or to our Website is your “User Content.” Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
(B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
(C) By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, and their related companies. Such uses may include the resale of information gathered from edits, modification to search results. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms of Use. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
(D) If your User Content is intended for posting on our Website, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
(E) We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, promotional or any other purpose we deem appropriate. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
(F) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
 

7. WEBSITE CONTENT & THIRD PARTY LINKS

(A) We provide the Website including, without limitation, Website Content for business and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
(B) The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
 

8. INDEMNIFICATION

You agree to indemnify and hold harmless GIS and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (1) your access to or use of the Website (including any use by you on behalf of your employer or unauthorized access by any third-party of your registration account); (2) any actual or alleged breach or violation by you of these Terms of Use or of any rights of another, including, but not limited to, any intellectual property rights; (3) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (4) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
 

9. DISCLAIMERS

(A) WE ARE NOT LIABLE FOR ANY DAMAGES YOU SUFFER FROM USE OF THE WEBSITE, SERVICES, OR CONTENT.
(B) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED HEREIN. THE WEBSITE, INCLUDING THE INFORMATION, SERVICES AND CONTENT LOCATED ON THE WEBSITE, IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GIS, ITS LICENSORS, AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OWNERS, MEMBERS, AND CONTRACTORS DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. GIS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY OR COMPLETENESS OF THE WEBSITE, CONTENT, OR SERVICES.
(C) GIS MAKES NO WARRANTY OR REPRESENTATION THAT: (1) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (3) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (4) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED; OR (5) ANY THIRD-PARTY PROCESSING OF PAYMENT OR CREDIT CARDS WILL BE SECURE.
(D) YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING, ACCESSING, OR OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
(E) THE WEBSITE, INCLUDING THE INFORMATION, SERVICES AND CONTENT, IS INTENDED FOR USE WITHIN THE UNITED STATES. WE MAKE NO REPRESENTATION THAT THE WEBSITE, INCLUDING THE INFORMATION, SERVICES AND CONTENT, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO CHOOSE TO ACCESS THE WEBSITE FROM LOCATIONS OTHER THAN THE UNITED STATES DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS IF AND TO THE EXTENT LOCAL U.S. LAWS ARE APPLICABLE.
(F) APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OF OR THE ENTIRE EXCLUSION MAY NOT APPLY TO YOU.
 

10. LIMITATION ON LIABILITY

(A) TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL GIS, ITS LICENSORS, AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES RESULTING FROM OR ARISING OUT OF THE USE OF THE WEBSITE, SERVICES, OR CONTENT, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE), EVEN IF GIS HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (1) THE USE OF OR THE INABILITY TO USE OR ACCESS THE WEBSITE, SERVICES, OR CONTENT; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (4) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, RELY ON, OR DISTRIBUTE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT OR SERVICES, IS TO STOP USING THE WEBSITE.
(B) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF GIS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY GIS DURING THE PRECEDING ONE MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE WEBSITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
(C) IN SOME JURISDICTIONS LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
(D) THIS AGREEMENT DEFINES YOUR SOLE AND EXCLUSIVE REMEDY.
 

11. TERMINATION AND CANCELLATION

(A) We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the Website for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that GIS shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Website.
(B) Your right to use the Website, Services, and Content automatically terminates if you violate this Agreement or any rules or guidelines posted in connection with the Website. We also reserve the right, in our sole discretion, to terminate your access to all or part of any of the Website, for any reason, with or without notice.
(C) Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions in Section 17.
(D) You may cancel the Services at anytime, but such cancellation shall not be effective until the expiration of any prepaid billing period. You shall not be entitled to refunds for Services for which you have already paid, including, without limitation, automatic monthly payments.
 

12. CHOICE OF LAW; JURISDICTION AND VENUE

These Terms of Use shall be construed in accordance with the laws of the State of Ohio without regard to its conflict of laws rules. Any legal proceedings against GIS that may arise out of, relate to, or be in any way connected with our Website or these Terms of Use shall be brought exclusively in the state and federal courts of Cincinnati, Ohio and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
 

13. DISPUTE RESOLUTION

In the Dispute Resolution Section only, “we” and “us” are used to refer to you and GIS together.
(A) We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at the address provided in these Terms of Use. We will contact you based on the contact information you have provided us.
(B) We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there’s no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in the Terms of Use and can award the same damages and relief. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:
(1) “Disputes” are any claims or controversies against each other related in any way to the Website, Website Content or these Terms of Use – this includes claims you bring against our employees, agents, affiliates or other representatives, and claims GIS may bring against you.
(2) If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. We will send notice to you based on the contact information you have provided us and notice to us must be sent to: info@gisdynamics.com. We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.
(3) The FAA applies to this Agreement and arbitration provision. We each agree the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
(4) The arbitration will be administered by the American Arbitration Association (“AAA”) under its arbitration rules. If any AAA rule conflicts with these Terms of Use, these Terms of Use apply. You can obtain procedures, rules, and fee information from the AAA at 1-800-778-7879 1 or www.adr.org.
(5) The Arbitration will be conducted by a single neutral arbitrator and will take place in Cincinnati, Ohio. The federal or state law that applies to these Terms of Use will also apply during the arbitration.
(6) We each agree not to pursue arbitration on a classwide basis. We each agree that any arbitration will be solely between you and GIS (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.
(7) We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.
 

14. NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES RELATING TO THIS AGREEMENT ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
 

15. NO TRIAL BY JURY

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
 

16. AMENDMENT; ADDITIONAL TERMS

(A) We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or our services or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Website generally, unique parts of the Website, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control. We also reserve the right to modify our prices for our services, including searches, at any time and for any reason.
(B) Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and the Website from time to time for any changes or Additional Terms. Your access and use of any the Website following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of the Website and, if applicable, terminate your Membership.
 

17. MISCELLANEOUS

(A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
(B) These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
(C) You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.
(D) You agree that any material breach of Sections 2, 5, 8, 9, 10, 12, 13, 14, and 15 of this Agreement will result in irreparable harm to GIS for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, GIS will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if GIS seeks such an injunction. Rights and obligations under this Agreement, which, by their nature, should survive will remain in full effect after termination or expiration of this Agreement.