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| THE FOLLOWING ARE THE TERMS AND CONDITIONS OF THIS SITE: WELCOME TO WWW.IMPRESSIONSMODELING.COM We are the owner and operator of the domain referenced above and its affiliated sites, or simply our "Domain." We have created a Domain where adult producers and adult models can share information about matters of interest to them. This includes modeling assignments, acting assignments and other Internet and video related issues. and anything else that active adults consider important to their lives. OUR SITE IS NOT INTENDED FOR THE PUBLIC AND IS AN MODELING AND ACTING INDUSTRY WEBSITE. ALL OTHERS ARE PROHIBITED FROM ENTERING. ALSO THIS SITE IS INTENDED FOR ADULTS ONLY. NO MINORS, WITH OR WITHOUT PARENTAL OR LEGAL GUARDIAN CONSENT, SHALL EVER BE ALLOWED TO PARTICIPATE ON OUR SITE IN ANY WAY. Our goal is to make using our Domain as easy as possible. However, we need some rules to make sure everything operates smoothly. That is what these Terms and Conditions are all about. They set out rules for accessing our Domain and using its content and services. Please take a moment to read these Terms and Conditions as set they set forth your rights and responsibilities when entering our domain. By hitting the enter button and/or by accessing the pages on this website you agree to be bound by the terms of this agreement. If you do not agree do not access this website. Further, you agree that every time you enter this website that you are agreeing to the terms and conditions as they may be amended from time to time as web site owner sees fit. ABOUT OUR DOMAIN These Terms and Conditions Are a Binding Legal Contract Our "Terms and Conditions" mean the provisions on this page as well as supplementary terms, including, but not limited to our Privacy Policy and Mandatory Binding Arbitration Provision, and those provided for specific products or services. In case of a conflict between the general provisions on this page and any supplementary terms, the supplementary terms shall prevail. Our Terms and Conditions constitute a binding legal contract between us regarding your access to our Domain and your use of any of its Contents, products, resources or services that you accept by accessing our Domain. If you do not agree to anything in these Terms and Conditions you should not access our Domain. However, if you do agree to abide by our Terms and Conditions then please come in. Note that these Terms and Conditions are subject to change as provided elsewhere herein and your acceptance applies to all changes as well. Navigating Our Domain Our Domain has several components. There is the main area in which you can browse information about our Domain. We also host an adult modeling Community where producers, photographers and models can share information and experiences with other adults, a Store where you can download Content or buy Merchandise, and Channels where you can view offerings from our Channel Partners. In order to access our Community, Channels or explicit Adult Content in our Store, we require that you become a Member and obtain a Username and Password. Our Domain may contain images that are only suitable for adults. In order to view these images, we require you to take an additional step and become what we call "Adult Authorized." This requires some additional age verification information and a fee to cover our costs. Once you are Adult Authorized you can access and view all areas and all images on our Domain. Our Domain Is For Adult-Oriented Producers & Models Only . This Site Is Not Open To Members Of The General Public. Our Domain contains Content consisting of text, graphics, artwork, images, photographs, merchandise, audio clips, video clips, icons and software, along with their selection, design and arrangement. Some of our Content may only be suitable adults. As a result, you must be at least 18 years of age, or the age of majority where you live, if older, in order to access certain sections of our Domain, such as our Community, our Store or our Channels. Sorry, there are no exceptions. By signing up to become a Member or attempting to access these sections you positively certify under unsworn declaration penalty and subject to prosecution for perjury for any false statement, that you are older than 18 years of age or the age of majority where you live, whichever is older; that you are familiar with all local laws in your area affecting your right to access adult-oriented materials; that you have the legal right to access adult-oriented materials and we have the legal right to transmit them to you; and that you will never attempt to share any adult-oriented Content or materials from our Domain with a minor in any way. Custodian of Records All persons who appear in any visual depiction of sexually explicit conduct that we have posted on our Domain were to the best of our knowledge and belief, over 18 years of age at the time their respective depictions were created. To read our full 18 USC 2257 Record-Keeping Requirements Compliance Statement, please click here. The records required by 18 U.S.C. § 2257, and the rules promulgated there under, which are currently codified at 28 C.F.R. § 75, with respect to visual depictions of sexually explicit conduct applicable to us are kept by our Custodian of Records whose contact information is: A. Archer 5340 Central Avenue Suite D, St. Petersburg, Fl 33707 Becoming a Member and Selecting a Username and Password To access our Community, Channels or Store you must become a Member by registering with us and selecting a unique Username and Password. You agree that by registering with us and selecting a Username and Password that you are further agreeing to be bound by the terms of service. You will be provided with a sign-up page for so doing before you access those sections. You will need to give us with some personal information that we will maintain in accordance with our Privacy Policy. You must keep your Username and Password confidential as you are responsible for all activity initiated under them. At no time should you respond to any online request for your Username or Password except in connection with the log-on process to our Domain. Your disclosure of your Username or Password to any other person is entirely at your own risk. Becoming Adult Authorized to View Explicit Content In order to view any images on our Domain we require you to become Adult Authorized. This requires an additional step in you provide to us additional personal information which will be used by an Age-Verification Service to verify that you are 18 years of age or older. Any information you provide must match that used by the identification method, such as your name, address, or other identifier. You can become Adult Authorized when you sign-up to become a Member or by purchasing Content or Merchandise in our Store. We charge a non-refundable fee if you become a Member of our Community only through sign-up and not through a purchase to cover our costs as stated on the Adult Authorization sign-up page. There is no fee if you are Adult Authorized while purchasing either Content or Merchandise in the Store. Your Profile Page in the Community Once you become a Member we will create a Profile page for you in our Community. As a member you are either a producer of content or a model and should register as such. Your Profile page provides information about you that is then made available to other Members of the Community. Some information is required, but most information is optional. Your Profile page also allows you to operate your own web page, which may be commonly called a blog, post, model portfolio. In essence it is a page where you may either advertise your services as a producer or model or browse for services as a producer or model. This web site maintains no control of what you upload. As such web site is a transitory host of content that you own. You are responsible for the content that you post and you agree, warrant and will indemnify web site if infringement or other illegal activity is alleged from your actions. Return Access after Sign-Up After you have a Username and Password you can access our Domain on a regular basis. We will ask you on our login page whether you want us to allow return access to our Domain without requiring you to re-enter your Username and Password. If you agree, we will install a "cookie" on your computer that identifies you and allows return access to our Community, Store and Channels directly without the need to login with your Username and Password. However, you will be prompted to login using your username and password at the point of checkout if you are purchasing items from our Store even though you may already be logged in to help protect your account from unauthorized purchases. Complete and Accurate Information Is Essential You agree to provide complete, accurate and current information about you when you sign up to join as a Member, to become Adult Authorized and/or to create your Profile. You also agree to update the information periodically as necessary to keep it current. If we have a question about any information you have provided you agree to give us any additional information we need to resolve the question if you want to continue as a Member. You also authorize us, directly or through third parties, to make inquiries, (INCLUDING BUT NOT LIMITED TO CREDIT CHECKS THROUGH ANY BANKS, CREDIT UNIONS, SAVINGS INSTITUTIONS, FINANCIAL INSTITUTIONS, SECURITIES BROKERAGE FIRMS, INSURANCE COMPANIES, EMPLOYERS, CONSUMER CREDIT REPORTING AGENCIES, INSURANCE INFORMATION REPORTING ENTITIES, AS WELL AS ANY FEDERAL, STATE, OR LOCAL TAXING, REGULATORY, MOTOR VEHICLE OR DRIVER LICENSE ENTITIES) that we consider appropriate to validate any information you provide. We are especially concerned about information showing that you are 18 years of age or older and take this seriously. If you misrepresent who you are or provide any information that is false or materially misleading, we reserve the right in our sole discretion to suspend or cancel your Membership without notice and to take such other action as may be allowed by law. PLEASE NOTE ESPECIALLY THAT ANYONE GIVING US ANY INFORMATION WHETHER UPON REQUEST OR SPONTANEOUSLY DOES SO KNOWINGLY, VOLUNTARILY, AND UNDER PENALTY OF PERJURY. THIS MEANS THAT ANYONE GIVING US ANY FALSE INFORMATION OR CONCEALING ANY INFORMATION FROM US WILL SUBJECT HIMSELF/HERSELF/THEMSELVES TO POTENTIAL CRIMINAL PROSECUTION, WHICH COULD, UPON CONVICTION, RESULT IN THE IMPOSITION OF SEVERE FINES AND LONG TERMS OF IMPRISONMENT. No Guarantee of Age or Identity You acknowledge and agree that we do not guarantee the age or identity of any other Member of the Community nor the completeness or accuracy of the information provided by any Member, in any way, shape or form. Again this website is a transitory provider of web hosting and web access. By viewing other parties. profiles or web pages we are not guaranteeing or warranting the content of such page. This means that you accept all information contained on our domain and site entirely at your own risk. Your Membership Gives You a License to Access Our Domain Upon signing up and becoming a Member we grant you a limited, non-exclusive, non-transferable license to access our Domain in order to browse its Contents, participate in our Community, interact with our web site members, view our member web pages, and order from our Store. We reserve the right to change, limit or terminate this license and your access to all or any part of our Domain at any time if you fail to abide by these Terms and Conditions, or if we, as the Domain owner or any of our authorized agents or representatives, in our sole, unbridled discretion deem it advisable or necessary to do so. You are only licensed to access our Domain for your personal, non-commercial use. You may not use any Content that you access, browse or download from our Domain for further public distribution, performance or display nor make it available on any peer-to-peer network, file sharing service, or system for sending information to others. You must also comply with all applicable laws, rules, regulations and ordinances when accessing our Domain and you agree to do so. Accessing our Domain or its Content may not be lawful in certain countries and attempting to do so from a restricted country is strictly prohibited. If you access our Domain from outside of the United States you must comply with the laws, rules, regulations and ordinances of your jurisdiction for so doing. Your Membership Is Personal and Cannot Be Transferred, Especially to a Minor Your Membership is personal to you and may not be transferred to or used by any other person, and any attempt to do so will be void and a material breach of these Terms and Conditions. Under no circumstances may you ever allow anyone who is under 18 years of age, or under the age of majority where you live if older, to use your Username or Password to access our Domain or any of its Content. If we discover you have done so, we may immediately cancel your Membership without prior notice, and report you to the proper authorities for appropriate investigation and prosecution. If you suspect that someone is using your Username or Password without your authorization, you must contact us immediately. You will need to give us all information you have about the unauthorized use and co-operate fully with us as well as with all proper authorities in investigating the matter. As a condition of your access, continuing access, use, and continuing use, we may, at our sole, unbridled discretion require that you adopt additional security procedures in the future to prevent further unauthorized use. All additional security measures as well as all cooperation contemplated herein shall be entirely at your expense as the user of our Domain and site. Either of Us May Cancel Your Membership or Suspend Your Access at Any Time You may cancel your Membership at any time for any reason or no reason by giving us notice at the e-mail address for doing so identified on our Domain, by calling our customer service number, or by writing to us. Your cancellation will be effective as soon as we actually receive notice. We may also suspend your access to all or any part of our Domain or cancel your Membership at any time for any reason or no reason. Some promotions may require cancellation charges, which you agree to pay as described in the promotion in case of cancellation. Cancellation of your Membership will not alter your obligation to pay any outstanding charges for Content or Merchandise you have acquired from our Store or any Channel Partner. If your Membership is cancelled for any reason, by you or by us, you must immediately remove from your computer(s) and all other electronic device(s), including, but not limited to cell phones, copies of any Content that you have downloaded or printed from our Domain that you have not paid for or do not own. PARTICIPATING IN OUR COMMUNITY Managing Your Profile and Postings When you become a Member, you will create a Profile page for you in our Community. Your Profile allows you to interact with other Members in the Community. It also allows you to post and exchange information, data, text, music, photographs, graphics, artwork, video, audio, messages, or other materials ("Postings"). You will not post any information that violates community standards or that can be deemed to be obscene. Generally, the Community sets standards about the Postings it finds acceptable. However, you do have some obligations and responsibilities for your Postings as set out below. Using an Alias When you create a Profile you will need to create a name to identify you in our Community. You can use your own name or create an Alias. However, you may not use an Alias which: (i) is confusingly similar to the name of another person; (ii) violates any trademark or other right, including but not limited to the intellectual property right(s) or interest(s) of another person; (iii) is materially misleading as to your affiliation or identity; or (iv) which is vulgar, offensive, repulsive, harrasive, vexatious or otherwise in bad taste. We reserve the right to remove or change any Alias that we believe in our sole, unbridled discretion does not conform to these requirements. In our sole, unbridled discretion we may indicate on your Profile page that your name is an Alias. Providing Personal Information On your Profile page you will be asked to provide certain personal information about yourself. Providing any information is voluntary except where indicated otherwise. However, if you elect to provide personal information it must not be inaccurate, incorrect, incomplete, false, untimely or misleading. We reserve to remove or change any personal information on your profile Page that we believe in our discretion is inaccurate, incorrect, incomplete, false, untimely, or misleading. However, we do not guarantee we will do so. We also do not guarantee the accuracy, correctness, completeness, truthfulness, timeliness, reliability or fairness of any personal information about any Member on any Profile page. The Content in Postings Is Your Responsibility On your Profile page you are responsible for all posting and content that is there. You also have an area to upload personal content on the page for others in the Community to access. The information on your page and the content you upload are all part of your Postings. You agree that all Postings are the sole responsibility of the person from which such Postings originated. This means that you, not us, are entirely responsible for the consequences of all Postings that you access, receive, make, or post. We do not guarantee the accuracy, correctness, completeness, truthfulness, timeliness, reliability or fairness of any Postings and do not, in any way endorse any opinions they may express. Your reliance on any Postings by any other Member will be entirely at your own risk. There Are Some Restrictions on the Content in Postings There are some restrictions on what you can include in your Postings. In particular, you may not, UNDER ANY CIRCUMSTANCES, make any Posting that in whole or in part: (i) is protected by copyright, trademark, trade secret, service mark, patent, business method or other intellectual property right(s) or interest(s) without the express written permission to do so from the right owner(s) or his/her/their authorized agent(s) or representative(s); (ii) infringes or in any way encroaches upon any personal, privacy, publicity, legal or moral right(s) or interest(s) of any other person (alive, deceased or in the case of legal entities, active, inactive or dissolved) without his/her/their express written permission; (iii) is considered by us in our sole, unbridled discretion, to be obscene, indecent, defamatory, threatening, lewd, harassing, abusive, hateful, defamatory, discriminatory, embarrassing, vexatious, unfair, in poor taste, repugnant, repulsive, violent, harmful to others or just plain nasty; (iv) contains advertisements or solicitations of business, enterprise or venture (private or public, for-profit or not-for-profit); (v) constitutes or furthers any kind of chain letter, pyramid scheme or any other scheme or artifice that could, in our sole, unbridled discretion, lead to the creation, furtherance or concealment of any kind of crime, fraud, unprofessional conduct, unethical behavior, immorality or wrongdoing; (vi) contains any kind of inaccurate, incorrect, incomplete, false, untimely, unreliable or misleading biographical or other information about you or information that impersonate another person or entity. We reserve the right to delete any Postings we deem inconsistent with this provision in our sole, unbridled discretion. However, we do not regularly monitor Postings and we assume no obligation to do so or liability for failure to do so. If you are aware of any Posting(s) that you believe violates this provision, you are required to notify us immediately. Provide as much detail as possible, including, but not limited to, the objectionable item(s), where we may find it, the reasons(s) it should be removed, and a statement UNDER PENALTY AND SUBJECT TO PROSECUTION FOR PERJURY certifying the accuracy, correctness, completeness, truthfulness, timeliness, reliability and fairness of the information you have provided to us. We will then take such action, if any, as we believe appropriate in our sole, unbridled discretion. There Are Specific Requirements for Posting Adult Content If any of your Postings includes any photographs, videos or other visual images we will initially assume that they contain depictions of sexually explicit conduct and therefore endeavor to block access to them by any Member who is not Adult Authorized. When you upload the visual image, you can make an affirmative election that it does not contain any depictions of sexually explicit conduct and elect to unblock it and thus make it available for viewing by any Member of our Domain. You are solely responsible for all consequences of this decision. In particular, if the visual image does in fact contain any depictions of any sexually explicit conduct, regardless of what you may believe, you will be responsible for obtaining all records required by 18 U.S.C. § 2257, and the rules promulgated there under which are currently codified at 28 C.F.R. § 75, with respect to the visual depiction and making the appropriate statement regarding the location of the Custodian of Records they require. This is your responsibility. We do not regularly monitor Postings for such compliance and we assume no obligation to do so. However, if we discover or are informed about any visual images in your Postings that contain depictions of sexually explicit conduct and which do not comply with these requirements, we reserve the sole, unbridled right to immediately remove such Posting without prior notice to you. We also reserve the sole, unbridled right to suspend or terminate your Membership and access to our Domain for any violation of this requirement. Maintaining Appropriate Conduct In Our Community You agree that by accessing our Community you will not engage in any of the following conduct: (i) posting a Profile for anything other than to participate in the Community; (ii) sending a message to another Community Member for any reason other than to participate in the Community; (iii) deleting or revising any Posting by any other Member or Channel Partner; or (iv) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup for any reason. Our Community may be accessed only by registered Members of our domain, which should have only one unique Username with one unique Password. If you are found to share passwords with any non-registered Member we will terminate your Membership immediately without notice. Your Retained Rights in Your Postings If you make or create any Posting in the Community or on our Domain, you agree that you will not retain all applicable copyright, trademark and other intellectual property right(s) or interest(s). Instead, you clearly, distinctly, and expressly agree that, by Posting (or in any way causing to be Posted) anything, including but not limited to writings, text, sounds, images, or video on our Domain and Site, you give us an automatic, exclusive, irrevocable, royalty-free, fully-transferable, World-Wide, and perpetual right and interest to use any and all such Content(s) in any way that we, in our sole, unbridled discretion, deem appropriate. This includes the express and specific right to any and all kinds of commercial use, including but not limited to the sale, license, re-license, sub-license, lease, mortgaging, or hypothecation of any Content(s) and derivative(s) from such Content(s). Our License to Use Your Postings You agree that by making any Posting anywhere on our Domain and site you are automatically granting to us an automatic, exclusive, irrevocable, royalty-free, fully-transferable, World-Wide, and perpetual right and interest to, among other things, make available, use, reproduce, modify, adapt, publish, translate, distribute, transmit, retransmit, publicly perform, display, make, vend, sell, lease, re-lease, release, license, sub-license, mortgage, hypothecate, or grant options in such Posting(s) (in whole or in part) in any and all manner and media now known or later devised and to authorize others to do so. In so doing we may, at our sole, unbridled discretion, use your name, voice and likeness in connection with the Posting(s). This expressly includes, but is not limited, to our sole, unbridled authority, discretion, right, and power to use your Posting(s) in any kind of endorsement of any product, resource or service whatsoever without being liable or responsible for compensating you in any way. Member's License to Use Your Postings You agree that by making any Posting anywhere on our Domain you are automatically granting to any other Member of our Community a non-exclusive, royalty-free, perpetual and irrevocable license to make available, use, reproduce, modify, adapt, publish, translate, distribute, transmit, retransmit, publicly perform, or display such Posting for any and all purposes within the Community and to download and copy the Posting solely for the Member's personal, non-commercial use. Your Representations, Warranties and Responsibilities about Your Postings By making any Posting you represent and expressly warrant to us and to other Community Members that: (i) you own or control all rights and interests in the Posting necessary to grant each of us the licenses and rights set forth in these Terms and Conditions; (ii) that you have obtained all necessary prior written authorizations to grant each of us such licenses and rights from any person who appeared in or rendered services or materials for the Posting or who has any rights or interests in the Posting, including, but not limited to, effective waivers of any legal or moral rights; and (iii) that nothing in the Posting infringes or interferes with any intellectual property right (patent, copyright, trademark, service mark, business method, trade secret, etc.) or personal right (defamation, privacy, publicity, legal right, moral right, etc.) of any person (alive or deceased, or in the instance of a legal entity, active, inactive or dissolved). You agree that you are completely responsible for understanding, evaluating and clearing all patent, copyright, trademark, service mark, business method, trade secret and other intellectual property rights and interests in any Posting you make, and neither us, our affiliated companies, our advertisers, affiliates, Channel partners or other Community Members will have any liability for any failure on your part to do so adequately. You Are Responsible for Archiving Your Postings You are responsible for archiving and maintaining copies of all your Postings. While we will usually preserve your Postings on your Profile page for a reasonable time, as we deem appropriate in our sole, unbridled discretion, we undertake no responsibility to do so or to archive or maintain any Postings. We may periodically delete Postings as we deem appropriate, such as to increase performance or to conserve file space, without prior notice to you. You agree we will have no liability for any loss of data or information do to the loss or deletion of any of your Postings. Therefore, Keep Back-ups! OPERATION OF OUR DOMAIN Intellectual Property Rights on Our Domain The intellectual property rights in the Content on our Domain and site are owned either by us or our affiliated companies, or by our Channel Partners, advertisers, sponsors, affiliates, programming vendors or Community Members and licensed to us for use on our Domain. As such, all the Content on our Domain is protected by applicable patent, copyright, trademark, service mark, business methods, trade secrets and other intellectual property law. Granting you access to our Domain does not grant you any ownership rights or interests in any intellectual property on our Domain or site. You are only granted a limited license to access our Domain/Site and it's Content in conformity with these Terms and Conditions. Any other attempted access to or use of our Domain or its Contents may infringe our intellectual property rights or those of our suppliers. There are other trademarks, logos, slogans, and product designations on our Domain and site. They are only authorized for use on our Domain and site in conjunction with the particular product or service they designate and you may not use them in any other manner. No trademark, logo or slogan on our Domain may be used as a hyperlink without the prior written permission of its owner(s) or owner.s authorized agent(s) or representative(s). Downloading or printing a copy of any Content on our Domain and site does not, in any way, shape, form or fashion transfer any right(s), interest(s) or title(s) to the copy to you unless expressly so stated in each case when you download or print. If you do not own the right(s), interest(s), or title(s) to any copy of any Content obtained by and/or through our Domain/Site, you may only use such copy for limited periods of time and for your private, non-commercial use in accordance with these Terms and Conditions. Data Mining Is Not Allowed Our Domain may only be navigated by the search functions on our Domain and generally available web browsers (e.g., Netscape Navigator or Microsoft Internet Explorer). We do not allow "bots," electronic robots, crawlers, spiders, avatars, i-agents, automated data mining programs or like software tools to access our Domain to harvest our data, create a compilation of our Contents or catalog our services. Nothing in these Terms and Conditions authorizes any such use, directly or by implication. Any use of such tools will be a material breach of these Terms and Conditions and an infringement of our rights. DRM Circumvention Is Not Allowed We, our affiliates, and/or our Channel Partners may use digital rights management, copy protection or anti-circumvention software or devices to prevent unauthorized access to our Domain or copying or use of any of our Content. Any attempt to circumvent such software or devices is not allowed and will be a material breach of these Terms and Conditions and an infringement of our rights and those of the Content owners. You agree not to reverse engineer, decompile, circumvent, nullify or remove and such software or devices, and you waive to the fullest extent allowed by law any right or privilege you may have to do so. Unauthorized Conduct In order to maintain the integrity of our Domain we restrict or prohibit certain conduct. Engaging in, encouraging, acquiescing, approving, or supporting any of the following conduct will be a material breach of these Terms and Conditions and allow us to suspend or terminate your access to our Domain without prior notice to you: 1.Accessing any data not intended for you or logging into a server or account, which you are not, authorized to access. 2. Attempting to probe, scan, or test the vulnerability of any system or network or to breach the security or authentication measures of our Domain/Site without our prior express written authorization. 3. Forging any headers or otherwise manipulating any Domain identifiers in order to disguise the origin of any transmission through our Domain. 4. Attempting to interfere with the service to any user, host or network, including by uploading a virus to our Domain/Site, or overloading, flooding, spamming, "mail-bombing," or "crashing" our Domain or the server of any user. 5. Sending unsolicited commercial e-mail, faxes, text messages, telephone messages, voice messages, or voicemail messages individually or in bulk (also called Spam), which promotes or advertises our Domain/Site or our affiliates, advertisers Channel partners, Community Members, or any of their products or services. 6. Harvesting e-mail addresses or any other personally identifying or contact information off our Domain/Site through any kind of automated process. 7. Bypassing our Domain's homepage via deep linking or framing any part of our Domain without our prior express written permission. 8. Linking to our Domain/Site in an e-mail sent for commercial purposes without our prior express written permission. 9. Attempting to gain unauthorized access to our Domain's/Site.s Content or services, or interfering with or manipulating in any manner the entry or registration process for our Domain. 10. Falsifying identification or impersonating any person or entity, including but not limited to, our employees, in any chat room, or as any public forum, as leader, host, or guide, or when accessing or participating in our Community or any communication feature or chat room on our Domain. 11. Setting up fake sites or dummy websites that purport to be our Domain or Site, mirroring our Domain's/Site.s contents, or otherwise copying without our authorization any part of our Domain or its layout. You should be aware that any actual or attempted unauthorized access to our Domain/Site or engaging in any of the above unauthorized conduct will result in our reporting the same to the proper authorities, which may result in civil or criminal liability. We Reserve the Right to Investigate Any Attempted Security Violations We reserve the right in our sole, unbridled discretion to investigate any possible or attempted violations of our system or network security, or digital rights management, copy protection or anti-circumvention software or devices. We may involve and cooperate with any Internet service provider or law enforcement authorities in investigating or prosecuting anyone involved in such violations. We may also terminate the Membership of any person whom we believe, in our sole, unbridled discretion, to have participated in any such violations. While we may investigate such violations, we do not have nay obligation to do so. We do not guarantee that your access to our Domain and Site or use of its services will be free of any security violations. We May Use Third Party Software on Our Domain We may use software from third parties in operating of our Domain. We may also require you to use software from other suppliers to view any Content on our Domain/Site, like a media player. Any Content may contain digital rights management or copy protection software from third parties. We need not provide you with notice about our use of any of this third party software. Any and all our disclaimers, exclusions and limitations also clearly, distinctly and expressly apply to all such third party software. DMCA Information . Notice of Copyright Infringement And Counter-Notice If you believe that any Content accessible on our Domain infringes any of your copyrights, you can send a Notice to our Copyright Agent in accordance with the procedures in the US Digital Millennium Copyright Act ("DMCA"). The Notice must contain all of the following information: . An electronic or physical signature of the copyright owner or someone authorized to act on the owner's behalf to assert a claim of copyright infringement. . An identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works in the Community. . An identification of material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Information reasonably sufficient to permit us to contact you or the complaining party, such as the party's name, address and daytime telephone number, and an e-mail address, if available. . A statement that you or the complaining party have a good faith belief that the use of the infringing copyrighted work is not authorized by the copyright owner, its agent, or the law. . A statement that the information in the notification is accurate, and under penalty of perjury, that your or the complaining party are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed. You understand that if your Notice fails to contain all of the above information it may not be valid. The Notice should be sent to our Copyright Agent as follows: Anthony Comparetto, Esq. 5340 Central Avenue St. Petersburg, Fl 33707 This address is only for correspondence about copyright infringement claims. Be aware that a person who submits a false claim of copyright infringement may be subject to criminal and civil liability under the copyright laws of the United States as well as other countries. If any Content you uploaded to the Community was removed or denied access in response to a DMCA Notice, and you believe uploading the Content was not infringing, duly authorized, or allowed by law, then you can send our Copyright Agent a Counter-Notice containing all of the following information: . Your physical or electronic signature; . An identification of the Content that has been removed or denied access and the location where the Content appeared before it was removed or disabled; . A statement under penalty of perjury that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and . Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts in the judicial district where your address is located, or, if you are outside the United States, in the judicial district for resolving disputes against us, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. Our Copyright Agent may send a copy of a Counter-Notice to the original complaining person stating that we may replace the removed Content or cease denying access to it within 15 days. Unless the original complaining party files an action seeking a court order preventing it within 15 days of receipt of the Counter-Notice, we may in our sole discretion elect to replace or cease denying access to any or all of the Content alleged to be infringing. Making Suggestions To Improve our Domain We appreciate any ideas or suggestions you have to improve our Domain. Please send them to us! In doing so, you agree we can use any idea or suggestion you give to us in any and all manner and media now known or later arising without any attribution to you, and you grant us a exclusive, fully transferable, royalty-free, worldwide, irrevocable and perpetual license to do so. You also warrant to us that you have the right and authority to authorize such use and grant such license and that your idea or suggestion will not infringe any rights of any other person. Changing Our Terms and Conditions . Check for Current Versions Periodically we may want to change our Terms and Conditions to improve our Domain and site, to deal with new developments or otherwise as we see fit, in the exercise of our sole, unbridled discretion. Therefore, you have a right and clear duty to periodically check our Terms and Conditions to find the latest versions. You clearly, distinctly and expressly agree that we can make changes by posting the changed Terms and Conditions on our Domain with an e-mail or any other form of electronic notice that indicates their effective date. We will endeavor to post a notice about any upcoming change to our Terms and Conditions on our Domain and site ten (10) days before it becomes effective, but do not guarantee to do so. If you do not like any change, then you can always leave our Domain/Site or cancel your Membership. However, you agree that your continued access to our Domain and site after a change becomes effective means that you accept the changed Terms and Conditions. Changing Our Domain and Its Content We are always looking to improve our Domain and site. Thus, we may regularly change its appearance, functionality and Content. You acknowledge that we may do so at any time as we like without prior notice to you. However, we make no commitment to so. We Are Not Responsible for Third-Party Content or Third-Party Websites Our Domain often includes Third-Party Content, meaning Content from other parties, including our Channel Partners, advertisers, sponsors, and other Members who make Postings in the Community. Our Domain may also include links to Third-Party Websites meaning websites operated by other parties such as our Channel Partners, advertisers, sponsors, affiliates or Members. We do so because we believe it may be of interest to you and not as an endorsement. Our so doing does not constitute an endorsement or approval of any Third-Party Content or Third-Party Website, or any goods, services, opinions, links or messages they may contain, or any of their business methods, advertising practices or privacy policies. We do not verify or take responsibility for the truthfulness, accuracy, quality, merchantability, fitness, or completeness of any Third-Party Content or the information or activities of any Third-Party Websites. You agree that we will not be liable, directly or indirectly, for any loss, liability or damage of any kind arising for any reason from your use of or reliance on any Third-Party Content or Third-Party Website, which you do at your own risk. You may on occasion participate in advertising or promotions offered on our Domain. In so doing your relationship will be with the applicable advertiser or promoter, not us. We are not responsible for any term, representation or warranty made by any advertiser or promoter on our Domain or for any Content, goods or services offered by them. Establishing Links from Our Domain to Other Websites If you would like to establish a link from your website to our Community, please contact us first. Generally, we require a linked website to become a Channel partner under a separate agreement. You may not establish a link to another website without our prior express written permission. We May Monitor Usage We may use software that automatically tracks performance and usage information to evaluate our Domain. The software can and will personally identify you. Please Read Our Privacy Policy Our Privacy Policy is posted on our Domain and site. Please read it. We may amend our Privacy Policy from time to time by posting notice of the amended Privacy Policy on our Community. Your agreement to these Terms of Use or your continued access to our Community indicates your agreement to our Privacy Policy. If you do not agree to our Privacy Policy at any time, please exit our Community and our Domain/Site. Our Privacy Policy YOU ACKNOWLEDGE, UNDERSTAND, AND EXPRESSLY AGREE THAT WE MAY, IN OUR SOLE, UNBRIDLED DISCRETION PROTECT YOUR PRIVACY IN ANY WAY WE DEEM APPROPRIATE. BY ACCESSING AND USING OUR DOMAIN/SITE, OR BY BECOMING A MEMBER, OR BY POSTING, OR BY IN ANY WAY ENGAGING IN ANY CONTACT OR COMMUNICATION WITH US IN ANY MANNER, YOU CLEARLY, DISTINCTLY AND EXPRESSLY AGREE THAT WE HAVE THE AUTHORITY, DISCRETION, RIGHT AND POWER TO USE, SELL, TRANSFER, LEASE, MAKE AVAILABLE, FOR ANY AND ALL KINDS OF LAWFUL PURPOSES (INCLUDING BUT NOT LIMITED TO COMMERCIAL PURPOSES), WITHOUT ANY NOTICE OR COMPENSATION OR PAYMENT TO YOU. THIS MEANS THAT, WITH RESPECT TO YOUR PERSONAL INFORMATION, YOU ARE GIVING US AN EXCLUSIVE, IRREVOCABLE, ROYALTY-FREE, WORLD-WIDE, PERPETUAL RIGHT TO DO AS WE, IN THE EXERCISE OF OUR SOLE, UNBRIDLED DISCRETION, CHOOSE. ADDITIONALLY, WE MAY SHARE YOUR INFORMATION WITH ANY COMPETENT GOVERNMENTAL AUTHORITY EITHER VOLUNTARILY OR AS REQUIRED BY LAW, RULE, REGULATION, ORDINANCE, ADMINSTRATIVE ORDER, COURT ORDER, COURT PROCESS, OR SUBPOENA. FURTHER, YOU CLEARLY, DISTINCTLY, AND EXPRESSLY GRANT A PROPRIETARY AS WELL AS A SECURITY INTEREST TO US IN ANY AND ALL CONTENT(S) YOU POST ON OUR DOMAIN/SITE, AS WELL AS IN ALL INFORMATION CONCERNING OR IN ANY WAY RELATING TO YOU, INCLUDING BUT NOT LIMITED TO ALL INFORMATION ABOUT YOU IN THE ACTUAL OR CONSTRUCTIVE CUSTODY, CONTROL OR POSSESSION OF ANY BANK, CREDIT UNION, FINANCIAL INSTITUTION, SECURITIES BROKERAGE FIRM, INSURANCE COMPANY, CREDIT BUREAU, CREDIT REPORTING AGENCY, INSURANCE INFORMATION BUREAU(S), SCHOOLS, EDUCATIONAL INSTITUTIONS, AND ANY FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY(IES). YOU AGREE TO EXECUTE ANY SECURITY INTERESTS IN ANY FORM WE DIRECT OR REQUEST, INCLUDING BUT NOT LIMITED TO ELECTRONIC FORMS, AND TO ALLOW US TO FILE, PUBLISH OR RECORD THE SAME OR A NOTICE THEREOF, INCLUDING, BUT NOT LIMITED TO UCC-1s, IN ANY PUBLIC OR GOVERNMENTAL RECORDS SYSTEM(S) OR REGISTRY(IES). LIABILITY LIMITATIONS AND CLAIMS HANDLING Our Warranty Disclaimers We are providing you access to our Domain/Site and its Contents "as is," "with all faults" and "as available." The entire risk as to satisfactory quality, performance, accuracy, and effort is with you. There is no warranty that the Domain or any of its Contents will meet your needs or requirements, in any way, shape, form or fashion. To the maximum extent allowed by applicable law we hereby expressly and implicitly disclaim all warranties, express, statutory or implied, including, but not limited to warranties of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, completeness, title, exclusivity, quiet enjoyment and non-infringement, and warranties that your access to or use of our Community will be uninterrupted or error-free. There are no warranties of any kind that extend beyond the face of this agreement or that arise as a result of course of performance, course of dealing or usage of trade. Our Additional Liability Disclaimers In your access to our Domain and site you clearly, distinctly and expressly agree we are not liable for: (1) any information, comments or material you receive that is infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal; (2) any third party's unauthorized access to or alterations of your account, transmissions or data; (3) any viruses, spams, adaware or other disabling code that may infect your computer or electronic device(s) or affect your access to or use of the Domain/Site, your other services, hardware or software; (4) any incompatibility between the Domain/Site and your other services, hardware or software, or (5) any delays or failures you may experience in initiating, conducting or completing any transmissions to or transactions with the Domain. Our Damages Limitation To the maximum extent allowed by applicable law, our total liability for any claim arising from these Terms and Conditions or your access to our Domain is limited solely to your incidental and direct damages, if any, but not to exceed the greater of FIVE HUNDRED UNITED STATES DOLLARS ($500.00), or the amount actually paid by you for any access or service giving rise to the claim. Recovery of these damages will be your sole and exclusive remedy, and we disclaim any liability for any other damages of any kind arising out of these Terms and Conditions or your access to our Domain. In no event will either of us be liable for any special, consequential or punitive damages arising out of or related to these Terms and Conditions or your access to our Domain. This exclusion of special, consequential and punitive damages is independent of your exclusive remedy and survives even if such remedy fails of its essential purpose or is otherwise unenforceable. To the maximum extent allowed by applicable law, the limitations on liability in this paragraph apply without regard to the claim for which they arose, whether due to strict liability, breach of warranty (express or implied), beach of contract, or any tort or negligence, active or passive. We must be notified in writing within one (1) year from the date any given claim arise(s) or the same is and shall be forever barred. The Scope of Our Disclaimers The disclaimers, exclusions and limitations set forth herein apply to the maximum extent permitted by applicable law. They are not intended to deprive you of any mandatory protections provided to you under applicable law. Because some jurisdictions may prohibit the exclusion or limitation of certain warranties, or liability for consequential damages, or other matters, some or all of such disclaimers, exclusions or limitation may not apply to you. Asserting Claims A Claim means any assertion that either of us has breached any obligation or impaired any right of the other arising under or with respect to these Terms and Conditions, or any other dispute about your access to our Domain or its Content or services, other than claim that either one of us has violated the intellectual property rights of the other. If you have any Claim against us, please let us know! We would like to try to resolve all Claims in a fast and friendly manner to ensure your continued satisfaction. We must be notified in writing within one (1) year from the date any given claim arise(s) or the same is and shall be forever barred. Limited Time to Bring Claims In order to allow each of us to address any Claims in a timely manner, each of us agree to give the other one Notice of any Claim we may have within one (1) year after our Claim accrued. If we are unable to resolve any Claim amicably then we also agree to commence appropriate arbitration proceedings pursuant to the Mandatory Binding Arbitration Provision set forth below, in order to resolve the Claim within six (6) months after giving the other party Notice. To the maximum extent allowed by applicable law, we both agree that a failure to abide by either of these time limits will mean the Claim is forever, permanently and perpetually barred. Forum for Resolving Claims The Forum for resolving all Claims not covered by or including those in Paragraph 5.8 will be in the state or federal courts in Tampa, Florida. We both agree to submit to the personal jurisdiction of the state and federal courts in the Forum for resolving those Claims. We also both agree to the full extent allowed by law that the Forum is the exclusive venue for resolving these Claims and we each waive any right to seek another venue due to an improper or inconvenient Forum. Resolution of Claims . Your Choice of Consumer Arbitration or Small Claims Case If we are unable to resolve any Claim amicably, then we both agree that all Claims will be resolved by neutral, mandatory binding arbitration in the Forum under the Commercial Arbitration Rules of the American Arbitration Association in effect as of the Effective Date of these Terms and Conditions (the "AAA Rules"), in accordance with the terms of the MANDATORY BINDING ARBITRATION RIDER, set forth below, which is an integral part of this Agreement and is wholly incorporated herein by reference thereto. As of the Effective Date you can read these rules at http://www.adr.org/ The arbitrator will have authority to consider any statutory or other claims available to a consumer under applicable federal, state or local laws that are within the scope of the submission to arbitration and to award all damages or other remedies under applicable law. Electronic Communications Not Private We do not provide facilities for sending or receiving confidential electronic communications. All messages transmitted to us or from us should be considered open communications and be readily accessible to the general public. You should not use any facilities on our Domain to transmit or receive messages only intended to be read by the sender and designated recipients. All messages sent to our Domain or the Community may be read by users or operators of our Domain or the Community regardless if they are intended recipients. MISCELLANEOUS PROVISIONS You may Copy or Print These Terms and Conditions You may send a copy these Terms and Conditions or send them to your printer for printing. Please feel free to do so! If you are having trouble printing a copy, please contact us and we will be happy to send you a copy. Please remember that this contract and terms of service may be amended and that every time you enter the web site or enter your user name and password you are agreeing to such amended terms and conditions and any revision thereof. If you do not agree do not enter the web site. No Verbal Amendment These Terms and Conditions may only be amended in a record, such an e-mail or writing duly authenticated (by way of instance, you authenticate your written consent to these terms and to subsequently amended terms by, among other things, accessing or continuing to access or Domain/Site) by the party to be charged. None of our agents or representatives are authorized to waive any or modify any provision of these Terms and Conditions, and any allegation that they have done so will be ineffective. Superseding Effect These Terms and Conditions supersede all prior terms of use, access, communications, discussions, negotiations or proposals, whether electronic, oral or written, between you and us regarding access to our Domain/Site or use of its Contents or services. Grant of Proprietary and Security Interest(s) to Secure All Your Obligations to Us YOU CLEARLY, DISTINCTLY, AND EXPRESSLY GRANT A PROPRIETARY AS WELL AS A SECURITY INTEREST TO US IN ANY AND ALL CONTENT(S) YOU POST ON OUR DOMAIN/SITE, AS WELL AS IN ALL INFORMATION CONCERNING OR IN ANY WAY RELATING TO YOU, INCLUDING BUT NOT LIMITED TO ALL INFORMATION ABOUT YOU IN THE ACTUAL OR CONSTRUCTIVE CUSTODY, CONTROL OR POSSESSION OF ANY BANK, CREDIT UNION, FINANCIAL INSTITUTION, SECURITIES BROKERAGE FIRM, INSURANCE COMPANY, CREDIT BUREAU, CREDIT REPORTING AGENCY, INSURANCE INFORMATION BUREAU(S), SCHOOLS, EDUCATIONAL INSTITUTIONS, AND ANY FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY(IES). YOU AGREE TO EXECUTE ANY SECURITY INTERESTS IN ANY FORM WE DIRECT OR REQUEST, INCLUDING BUT NOT LIMITED TO ELECTRONIC FORMS, AND TO ALLOW US TO FILE, PUBLISH OR RECORD THE SAME OR A NOTICE THEREOF, INCLUDING, BUT NOT LIMITED TO UCC-1s, IN ANY PUBLIC OR GOVERNMENTAL RECORDS SYSTEM(S) OR REGISTRY(IES). YOU AGREE THAT, IN THE EVENT OF ANY VOLUNTARY OR INVOLUNTARY BANKRUPTCY OR INSOLVENCY CASE OR PROCEEDING, WE MAY, IN THE EXERCISE OF OUR SOLE, UNBRIDLED DISCRETION, FILE A SECURED CLAIM COVERING THE FULLEST EXTENT OF THE VALUE OF OUR PROPRIETARY AND/OR SECURITY INTEREST(S). Governing Law This Agreement has been and shall at all times be deemed to have been entered into between you and us in Pinellas County, Florida. Therefore, these Terms and Conditions will be governed by and interpreted under the laws of the State of Florida, without regard to any conflicts of laws principles; except for arbitration proceedings which shall as to both substance and procedure, be governed by the Federal Arbitration Act, including but not limited to Chapters 2 and 3 of said Act, otherwise known as the New York Convention (Chapter 2, codified at 9 U.S.C. Sections 201-208), and the Panamanian Convention, (Chapter 3, codified at 9 U.S.C. Sections 301, et seq.). UNITED STATES OF AMERICA : STATE OF FLORIDA : COUNTY OF PINELLAS : MANDATORY BINDING ARBITRATION PROVISION ADDENDUM ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS, CROSS-CLAIMS, COUNTER-CLAIMS, CLASS CLAIMS, THIRD PARTY CLAIMS, AND INTERVENOR.S CLAIMS) arising from or relating to the underlying ADULT MODELING WEBSITE USER AGREEMENT: TERMS AND CONDITIONS, (HEREAFTER, .AGREEMENT., AND INCLUDING, BUT NOT LIMITED TO ANY AND ALL AMENDMENTS, EXTENSIONS, REVISIONS, MODIFICATIONS, RENEWALS, SUCCESSIONS, OR TERMINATIONS THEREOF), its interpretation, or the breach, termination or validity thereof, or the relationships which result from the Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to the Agreement), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY AND THROUGH MANDATORY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH SAID ASSOCIATION.s COMMERCIAL ARBITRATION RULES (INCLUDING BUT NOT LIMITED TO THE OPTIONAL EMERGENCY ARBITRATION AND PRELIMINARY INJUNCTIVE ARBITRAL RELIEF RULES) IN EFFECT AS OF JUNE 30, 2008. The aforementioned arbitration rules are available for public inspection on the AMERICAN ARBITRATION ASSOCIATIONS WEBSITE: www.adr.org. Notwithstanding any choice of law provision included in the underlying Agreement (including but not limited to reference to the laws of the State of Florida), this arbitration provision is entirely subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16); the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought); and, the Panamanian Convention on Arbitration (9 U.S.C. §§ 301, et seq., or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the aforementioned rules of the AMERICAN ARBITRATION ASSOCIATION. Hearings shall be held by teleconference. If any In-person Hearing is requested, it shall be provided at the requesting party.s sole cost and expense. All In-person Hearings shall be held in St. Petersburg, Pinellas County, Florida. All hearings shall be conducted in the English language. All parties shall have the right to make written as well as audio and video recordings of all telephonic and in-person hearings. As for telephonic and in-person hearings/proceedings, the parties to the underlying Agreement, including but not limited to their respective assignees, transferees, and successors in interest, hereby expressly agree and consent to the textual, audio and video recording(s) of their respective discussion at any and all times. THIS PROVISION IS INTENDED TO BE A CLEAR, COMPLETE, DISTINCT, EXPRESS AND SPECIFIC WAIVER OF THE FOREGOING PARTIES./PERSONS. RIGHTS AND PRIVILEGES UNDER FEDERAL AND FLORIDA LAW, INCLUDING BUT NOT LIMITED TO THE FLORIDA SECURITY OF COMMUNICATIONS ACT, CURRENTLY CODIFIED AT CHAPTER 934, FLORIDA STATUTES. Judgment on any and all award(s) (including but not limited to temporary, status quo, preliminary, injunctive, final, supplementary, post-final and modified awards) rendered by the arbitrator(s) may be entered by any court having jurisdiction. However, the parties agree that all legal actions to compel arbitration, enforce arbitrator.s subpoenas or to have judgment entered on any award(s) shall be commenced and maintained in either the UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, TAMPA DIVISION All arbitration proceedings shall be conducted on an individual basis and not on a class basis. No individual arbitration case may be combined with any other case. Each party shall bear its own cost of any legal representation, investigation, interpretation, translation, discovery, or research required to initiate, compel, enforce, and complete all arbitration proceedings. Additionally, the following rules of law shall apply to any and all arbitration proceedings: (1) Rule 45 of the Federal Rules of Civil Procedure pertaining to subpoenas and the enforcement thereof; (2) Article I, Sections 1-5, 9, 12, 13, 16, 21, and 23 of the Florida Constitution as well as Sections 90.501-90.508, regarding matters of privilege (including the case law decided there-under as of 12/31/06); (3) Article I, Sections 1-5, 9, 12, 21, and 23 of the Florida Constitution as well as Chapter 761, Florida Statutes (and the case law decided there-under as of 12/31/06) regarding the free exercise of religion, freedom of expression and privacy; (4) Rule 2.160 of the Florida Rules of Judicial Administration and the case law decided there-under as of 12/31/06, regarding judicial disqualification; and, (5) Sections 668.003-668.004, Florida Statutes as well as the federal E-Sign Act regarding electronic signatures. In the event that the American Arbitration Association gives notice(s) to any party(ies) that they are unable to administer a given arbitration case or proceeding, the parties shall either mutually agree upon proceeding before one (1) arbitrator or initiate a proceeding in the aforementioned to federal court (or any other court in the United States of America or elsewhere having competent jurisdiction) to compel arbitration before one (1) arbitrator selected by the court. In any event, the arbitrator shall administer the case and conduct all hearings and proceedings in strict accordance with the provisions Federal Arbitration Act, including but not limited to Chapters 2 and 3 of said Act as well as the American Arbitration Association.s Commercial Arbitration Rules (including but not limited to the optional emergency arbitration and injunctive relief rule in effect as of June 30, 2008). Further, the arbitrator shall, to the fullest extent of the Federal Arbitration Act and the American Arbitration Association.s Commercial Arbitration Rules, have complete and exclusive authority, power and discretion to consider and decide any and all questions of fact, law and evidence; including but not limited to deciding any and all threshold questions concerning, regarding or relating in any way to the arbitrability of any given claim, dispute or controversy of any kind. Finally, this MANDATORY BINDING ARBITRATION PROVISION ADDENDUM shall be deemed to commence with the words .NOTWITHSTANDING ANYTHING IN THE UNDERLYING AGREEMENT.. This means that, in the event that there is any conflict(s) or difference(s) between this Provision and the underlying Agreement, this Provision shall control and govern in all respects. All terms and conditions of this Provision as well as the underlying Agreement are segregable. If any term or provision contained in this Provision or the Agreement is (are) deemed to be invalid by an arbitrator or a court having competent jurisdiction, the same shall not invalidate any other term(s) or condition(s) either of this Provision or the Agreement. |