Last Modified: January 20, 2018
Supersonics Piano owns and provides various websites, apps, services, content, materials, and software available to the public at and through supersonicspiano.com, supersonicsplus.com and related URL’s (collectively, the “Site”). In this document, the terms “us” or “we” or “our” refers to Supersonics Piano. A “Visitor” is someone that merely browses our Site. A “Member” is someone who has registered with our Site to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member.
You are advised to revisit this page periodically as we reserve the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of our Service.
Our Site offers the following services: educational content in the form of audio, video, notation, and other media and technology; comprehensive and motivating music education curriculum; games and other interactive services to help students learn effectively. Collectively, these are our “Services”.
All text, information, graphics, audio, video, design, and other data offered through our Site or Services is collectively known as our “Content”.
Acceptance of Agreement
This Agreement is between you and Supersonics Piano.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR SITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Supersonics Piano, and supersedes all other Agreements, representations, warranties and understandings with respect to our Site, Services, and the subject matter contained herein. However, in order for you to use our Site and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Site, and you should review this Agreement prior to using our Site. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Site. If you have already accessed our Site and do not accept this Agreement, you should immediately discontinue use of our Site and Services.
Supersonics Piano grants you a non-exclusive, non-transferable, revocable license to access and use our Site and Services strictly in accordance with this Agreement. Your use of our Site and Services are solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our Site or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Site, Content, Services, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Supersonics Piano.
Our Intellectual Property
Our Site may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Site or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Supersonics Piano.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Supersonics Piano, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Supersonics Piano reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Supersonics Pianoserver, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the Site, or any other customer of Supersonics Piano, including any Supersonics Piano account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Supersonics Piano’s systems or networks, or any systems or networks connected to the Site or to Supersonics Piano.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Supersonics Piano on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Eligibility and Registration for Membership
To use our Services, you must register with our Site to become a Member. Your Membership is not transferable or assignable and is void where prohibited. You must be 18 years or older to open a Supersonics Plus account with Supersonics Piano, though students of any age may be added by a parent or legal guardian as a Student and use the Site. Both parents and students are considered Members of Supersonics Piano.
When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.
You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Our Site cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Errors, Corrections and Changes
We do not represent or otherwise warrant that our Site will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Site will be correct, accurate, timely or otherwise reliable.
We may make changes to the features, functionality or content of our Site or Services at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Site or Services.
Financial, Legal and Other Advice Disclaimer
You hereby acknowledge that nothing contained in our Site shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and Supersonics Piano. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our Site or Services.
Advertisers and Sponsors Disclaimer
Our Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY Supersonics Piano AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.
Merchant and Advertisement Disclaimer
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants.
You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITE OR ANY OTHER SITE LINKED TO OUR SITE.
All rules, legal documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Supersonics Piano is not responsible or liable in any manner for any Content posted on our Site or in connection with our Services, whether posted or caused by Members of our Site, or by Supersonics Piano. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit or share on our Site or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Site or Services. Supersonics Piano is not responsible for the conduct, whether online or offline, of any User of our Site or Services.
Our Site or Services may be temporarily unavailable from time to time for maintenance or other reasons. Supersonics Piano assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications.
Supersonics Piano is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our Site or Services, including without limitation any software provide through our Site or Services.
Under no circumstances will Supersonics Piano be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Site or Services, or any interactions between Users of our Site or Services, whether online or offline.
Supersonics Piano reserves the right to change any and all Content, software and other items used or contained in our Site or Services, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Site, by third parties or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR SITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Supersonics Piano, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR SITE OR SERVICES. Supersonics Piano CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. Supersonics Piano DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR SITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Supersonics Piano. OUR SITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR SITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
The information, services and products are sold or given to the User with the understanding that neither the author, seller, nor publisher is engaged in rendering any legal, business or financial advice to the purchaser or to the general public. The views and opinions expressed are those of the authors and do not necessarily reflect the official policy or position of Supersonics Piano. Any content provided by our bloggers or authors are of their opinion, and are not intended to malign any religion, ethnic group, club, organization, company, individual or anyone or anything.
Although we make strong efforts to make sure our information is accurate, Supersonics Piano cannot guarantee that all the information on this website and or blog is always correct, complete, or up-to-date.
By purchasing any of our products or services, User agrees to and is knowingly assuming any and all risk associated with using these products or services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCTS, SERVICES AND INFORMATION ON THIS WEBSITE AND OR BLOG IS PROVIDED “AS IS” AND WITH ALL FAULTS AND Supersonics Piano MAKES NO PROMISES, REPRESENTATIONS, OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PRODUCTS, SERVICES AND INFORMATION, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND Supersonics Piano SPECIFICALLY DISCLAIMS ALL IMPLIED (IF ANY) WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, QUIET ENJOYMENT, AND QUIET POSSESSION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCTS, SERVICES AND INFORMATION LIES WITH USER.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Supersonics Piano OR ITS SUPPLIERS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR EXEMPLARY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR USER’S USE OF OR INABILITY TO USE THE PRODUCTS, SERVICES AND INFORMATION, OR THE PROVISION OR FAILURE TO PROVIDE SUPPORT SERVICES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR REASONABLE CARE), NEGLIGENCE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER CLAIM FOR PECUNIARY OR OTHER LOSS WHATSOEVER, OR FOR ANY CLAIM OR DEMAND AGAINST USER BY ANY OTHER PARTY, EVEN IF Supersonics Piano HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANY DAMAGES USER MAY INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF Supersonics Piano AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID FOR THE PRODUCTS, SERVICES AND INFORMATION OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
Limitation of Liability
Supersonics Piano, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Site or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Site or Services, (d) your use of our Site our Content, (e) the content contained on our Site or Services, or (f) any delay or failure in performance of our Site and Services beyond our control.
IN NO EVENT WILL Supersonics Piano OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR SITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR SITE OR SERVICES, EVEN IF Supersonics Piano IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Supersonics Piano’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR SITE AND/OR SERVICES ACCESS DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Linking to Our Site
You may provide links to our Site, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Site, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Site immediately upon request by us.
Links to Other Website
Our Site may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Inclusion of links for any website on our Site does not mean that we endorse, guarantee, warrant, or recommend the services, information, content and/or data of such third party websites. Supersonics Piano has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Contests and Promotions
From time to time, we may run contests or promotions from the Site. We will provide the rules for any such contests and promotions when they are made available on the Site. In order to participate in the contest or promotion, you will be required to agree to the posted rules and regulations applicable to such contest or promotion.
When you purchase a Supersonics Plus subscription or a product through the Site, we will bill the credit card you have provided (your “Payment Method”). Your Payment Method will be billed on your renewal date in advance of the term of the subscription.
Supersonics Piano offers auto-renewing monthly subscriptions (“Monthly Subscriptions”) and auto-renewing yearly subscriptions (“Yearly Subscriptions”).
Monthly Subscriptions will continue until you elect to cancel your subscription. Supersonics Piano will bill your Payment Method each month for the following month.
Yearly Subscriptions will continue until you elect to cancel your subscription. Supersonics Piano will bill your Payment Method each year for the following year.
Auto-renewing Subscriptions will continue for the initial term and then will automatically renew for successive periods generally equal to the initial term of the subscription. For example, a one year subscription will renew at the end of the first year for an additional one year period. Each Auto-renewing Subscription will renew at the subscription rate in effect at the time of renewal.
In order to continue your Monthly Subscription, renew your Auto-renewing Subscription, or complete a Product Sale, you authorize Supersonics Piano to charge your Payment Method for the payment due. Supersonics Piano may charge your Payment Method even though it has expired by extending the expiration date of your Payment Method. This will continue until you notify Supersonics Piano that your Payment Method account is no longer valid.
You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.
Account sharing and unauthorized account creation
If you knowingly share you account login details with someone else or create Student accounts for a person who is not your Student your account will be cancelled with no refund.
A "Student" is defined as a person who currently pays you to receive piano tuition and who does not receive any income themselves from piano teaching. You may be asked to provide proof of a Student's status. You can provide this proof by way of receipts for lessons provided. You cannot sign up other teachers as your students.
Subscription Cancellation, and Refund and Return Policy
Cancelling Your Account
You can cancel your account anytime in your account page.
Cancelling Student accounts
You may elect to cancel student account in “settings”. When you cancel a student’s subscription:
1) That student will no longer be able to access Supersonics Plus
2) That student’s content will be irrevocably deleted
Supersonics Piano does not issue refunds on initial purchases of Subscriptions. You may request a refund on auto-rebilled transactions during a 7 day period after the transaction was processed. If you request a refund we will charge you a $20 USD administration fee to compensate us for the time it takes to manually process this refund. Please note that you can avoid this fee if you cancel the rebilling before it occurs.
Supersonics Piano does not accept returns on shipped products. If an order you received was damaged or incomplete, please contact the Supersonics Piano Support Team so that we can make it right. Resolution may include shipment of a replacement product, an extension to your subscription, or similar corrective actions.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Site or Services.
This Agreement shall be treated as though it were executed and performed in Queensland, Australia and shall be governed by and construed in accordance with the laws of the State of Queensland without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Site or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.