PLEASE READ CAREFULLY THE FOLLOWING AGREEMENT. BY ACCESSING, BROWSING, AND/OR OTHERWISE USING THE SITE OR THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE SITE OR THE SERVICE.
1. Site and Service User Eligibility; Your Registration Obligations; Passwords & Security.
BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE. A “User”or “you” may include a Subscriber, Subscribing Organization, or a non-subscribing Visitor to the Service. A “Subscriber” is defined as any person (not an organization) with a current subscription to the Service. A "Subscribing Organization" is defined in Section 3 below. A “Visitor” is defined as anyone using the site as a non-subscriber. An “Individual User” is defined as a Subscriber or Visitor to the site. Certain portions of the Service may require a subscription in order to access content and may require you to register and provide us information about yourself. If you use the Service, you represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Information") and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If we have reasonable grounds to suspect that the information you provide is untrue, inaccurate, not current or incomplete or you provide us such information, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Upon registration, Subscribers and Subscribing Organizations will be asked to create a password. You may not share your password. We encourage sharing with family and friends using both the share functions and the screen of a device, as described in Section 2. You are solely responsible for securing and maintaining the confidentiality of your password and account, and you agree to accept responsibility for all activities that occur under your account. You must (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. Subject to your compliance with these Terms, CSPS grants you permission to access and use the Service and the Content as set forth in these Terms, and consistent with the intended features and functions of the Service.
2. Content Use, Sharing, and Copyright.
Collectively, “Content” is defined as all content available on or through the Service, including without limitation, text, files, images (such as photos, visual interfaces, graphics, and design), musical works and sounds, audio and audiovisual works, compilations, information, and all other elements of the Service provided by CSPS, or any other materials, and the Service.
Permitted and Restricted Use and Sharing of Content. Special rules apply to Subscribing Organizations with Institutional Subscriptions; please see Section 3 below.
The individual Subscriber may:
a. Use the Service and Content for personal, non-commercial use only. CSPS hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Content solely for your personal, non-commercial use in connection with viewing the Content and using the Service.
b. Share Content only (i) through the sharing functions provided by the Service, (ii) through the non-public display of Content with family and friends on the screen of a device, or (iii) as otherwise permitted in these Terms, including our Permissions page. For the convenience of our Users, the Permissions page lists certain kinds of uses that may be made of the Content without needing to seek permission. It also provides information on how to request permission when needed.
c. Download entire magazine issues as the Site functionality permits. You may store one copy of each issue on your own computer, and print one copy for your personal use. Each issue must remain intact in its entirety and retain all copyright notices and other proprietary notices as provided with the Content.
No Extracting Content. Except as provided in these Terms, including our Permissions page, you may not capture, access, download, or extract photos, graphics, and text as standalone files separate from their web or full magazine contexts. Nor may you manipulate or alter the Content of files after download.
No Re-publication or Derivative Use. You agree not to download all or parts of the Content in a systematic or regular manner or so as to create a database or collection of materials in any media, comprising all or a subset of the Content, for further reproduction, publication, distribution, or for providing access to others, whether such collection is in electronic or print form. Furthermore, you agree not to place copies of the Content, in whole or in part, in an institutional repository, which is a form of re-publication. The Content may not be otherwise used without prior written permission from CSPS or in the case of third-party materials, the owner of that Content. You may not alter or remove any trademark, copyright or other notice from copies of the Content. For information on how to request permission to reuse Content, please see our Permissions policies at http://jsh.christianscience.com/permissions.
Copyright in Content. The Content and the Service are owned or controlled by CSPS, its affiliates, and/or its licensors and are protected by copyright, trade dress, trademark, patent, and other intellectual property laws of the United States and of other countries. Except as expressly authorized by CSPS, you agree not to sell, license, distribute, reproduce, publicly perform or display, broadcast or transmit, publish, modify, edit, adapt, translate, compile, create derivative works from, or otherwise make unauthorized use of the Content. All rights not expressly granted through the Terms are reserved.
An “Institutional Subscription” is an account intended for public access in a public place such as a Christian Science Reading Room.
If you are using or opening an account on the Site or the Service on behalf of a qualifying company, entity, or organization (a "Subscribing Organization"), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms, and you agree to be bound by these Terms on behalf of such Subscribing Organization.
To qualify as a Subscribing Organization, a company, entity, or organization must be: (i) a branch church of The First Church of Christ, Scientist, (ii) a Christian Science Reading Room owned and operated by a branch described in (i), or (iii) a Christian Science nursing facility or other organization with a mission conducive to supporting the practice of Christian Science or in support of the mission of The First Church of Christ, Scientist, as determined by CSPS in its sole discretion. Colleges, universities, camps and other similar organizations with over 20 employees do not qualify as Subscribing Organizations, but may qualify for special group offers to their members and employees individually and should contact the CSPS at the following address: email@example.com.
The purpose of the Institutional Subscription is to allow the Subscribing Organization, to provide access in a monitored public place, such as a Christian Science Reading Room. Please note the following permissions and restrictions on Institutional Subscriptions:
- Each Institutional Subscription may be made accessible on up to two devices (computer, tablet, or smart phone) in the public space.
- The Subscribing Organization may not use the Service for any other public or commercial purpose, including without limitation on another site or through a networked computer environment.
- Certain functions and features of the Service may not be included with an Institutional Subscription.
- The Subscribing Organization can print one temporary reading copy of a magazine issue for onsite use.
- The Subscribing Organization may not sell, loan, give, or participate in the distribution of free copies of magazine issues printed from downloaded files from JSH-Online.
- The Subscribing Organization can set pricing for individual printed articles it provides to its customers.
The Subscribing Organization is not permitted to share its password with members of the public. The Subscribing Organization is responsible for maintaining the security and confidentiality of the password and account, and agrees to accept responsibility for all activities that occur under the account.
All trademarks, service marks, and trade names are proprietary to CSPS or CSPS’s affiliates and/or third-party licensors:
JSH-Online™, The Christian Science Journal®, Christian Science Sentinel®, the Herald of Christian Science®, and other related marks and logos used on this site are trademarks owned by The Christian Science Publishing Society, and may be registered in the United States, European Union, and in other countries.
The design of the Cross and Crown seal is a trademark of The Christian Science Board of Directors, and is registered in the United States, European Union, and in other countries. The Cross and Crown design is used by permission.
All other trademarks are the property of their respective owners.
5. User Guidelines.
BY USING THE SERVICE YOU PROMISE NOT TO:
- Post or otherwise distribute copyrighted material that is not your own or that you do not have the legal right to distribute, display, and/or otherwise make available to others;
- Post pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
- Make unsolicited offers, advertisements, proposals, or send junk mail;
- Impersonate another person or access another User's account without that person's permission;
- Share passwords with any third party or encourage any other User to do so;
- Use the Service for any illegal purpose or in any illegal manner; or
- Upload any executable code, scripts or other data which alters the function, display or content of computer systems or data of CSPS, its licensors or other Users of the Service.
6. Interstate Nature of Communications on Network.
When you register with us, you acknowledge that in using the Service to send electronic communications, you will be causing communications to be sent through our and our service providers’ computer networks, portions of which may be located in various states in or outside the United States. As a result of the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms, you acknowledge that use of the Service results in interstate data transmissions.
7. Fees and Subscription Terms.
You agree to pay to CSPS all fees for subscriptions and/or services purchased on or through the Service under your account at the then-current rates for such subscriptions and/or services (including any applicable taxes). CSPS will bill charges through the payment method specified in your account (e.g. credit card). For any change in fees or charges for a subscription and/or service purchased under your account, we will send you a notice of such change in advance (via a message on or through the Service or email).
Your subscription continues until you cancel it, and your credit card will be charged automatically each month. For first time subscribers, the initial charge on your credit card gives you access to the Service for the first month, beginning on the date on which you subscribe. You will be billed each month on or around the same day as your subscription started. If your credit card account number or expiration date changes, please notify us immediately to avoid suspension in access to the Service. You may either log into your account and click on the “My Account” link to make updates or call 1-888-424-2535.
You may cancel your subscription any time, and your access to the Service will stop at the end of the current monthly billing cycle. Once a billing cycle has started, refunds are not available for any unused portion of your subscription for that billing cycle. To cancel a subscription, please use the "my account" feature in the upper right hand corner of any page. Click on the "Manage your subscription" option and then use the cancel feature on the right hand column. For assistance Contact Us.
PREPAID SUBSCRIPTION CARD/CODE TERMS: JSH-Online prepaid subscription cards or codes (collectively “Prepaid Cards”) are redeemable toward a new or existing subscription to JSH-Online exclusively. This Prepaid Card is not for the purchase of print subscriptions or any other products, which are sold separately. After purchase, this Prepaid Card cannot be refunded, returned, or exchanged.
When you redeem your Prepaid Card, your subscription period (e.g., 6 or 12 months) will begin. After redemption, this Prepaid Card cannot be refunded, returned, or exchanged. If you cancel your subscription during the Prepaid Card subscription period, no refund or credit will be given for the Prepaid Card or any unused portion of the subscription period.
If you are already a paid subscriber to JSH-Online, then at the end of your Prepaid Card subscription period your paid subscription will continue automatically unless you apply another Prepaid Card or cancel your subscription. If you are not a paid subscriber, then the service will not automatically renew at the end of your Prepaid Card subscription period. However, to continue your subscription you may apply another Prepaid Card or initiate a paid subscription at the then-current rates by visiting http://jsh.christianscience.com. This Prepaid Card cannot be redeemed for cash, is not refillable, and has no cash value or expiration date. This Prepaid Card carries no express or implied warranties nor will it be replaced if lost, stolen, or used without your permission. This Prepaid Card can be suspended or terminated without notice if fraudulent use is suspected. All terms and conditions are subject to applicable law.
To redeem this Prepaid Card for JSH-Online subscription service, please go to http://jsh.christianscience.com/redeem.
General. The Service provides certain features which enable you and other Users to submit, post, and share material with other Users, which may include without limitation comments, statements, questions or other text, photographs, pictures, images or any other material submitted by you and other Users on or through the Service ("User Comments").
Right to Remove or Edit User Comments. CSPS makes no representations that it will publish or make available on the Service any User Comments, and reserves the right, in its sole discretion and for any or no reason, to refuse to allow any User Comments on the Service, or to edit or remove any User Comments at any time with or without notice. Without limiting the generality of the preceding sentence, CSPS complies with the Digital Millennium Copyright Act, and will remove User Comments upon receipt of a compliant takedown notice (see the "Digital Millennium Copyright Act" section below). User Comments are publicly displayed for informational purposes only and are not edited or controlled by CSPS. CSPS does not guarantee any anonymity or confidentiality with respect to any User Comments, and you understand that all User Comments that you upload, post, e-mail, transmit, or otherwise make available through the Service are your sole responsibility.
License Grant by You to CSPS for User Comments. You retain all your ownership rights in original aspects of your User Comments. By submitting User Comments to CSPS and the Service, you hereby grant CSPS and its affiliates and licensees a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, publish, publicly display or perform, edit, modify, adapt, translate, create derivative works from, and otherwise exploit your User Comments and derivatives thereof, with or without name or other attribution to you, in connection with the Service and CSPS's business, including without limitation for marketing, promoting, and redistributing part or all of the Service (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.
User Comments Representations and Warranties. In connection with any User Comments you submit to the Service, you represent and warrant that your User Comments: (1) are your original work and are owned by you, or that you have the necessary licenses, rights, consents, and permissions to license your User Comments to CSPS and its licensees for the uses described in these Terms, (2) do not violate or misappropriate rights of others such as copyright, trademark, patent or any other proprietary right of any third party, (3) do not slander, defame, libel, or invade the right of privacy, publicity, moral rights, or other related rights of any other person or entity, or (4) violate any applicable law or regulation
Inaccurate or Offensive User Comments. You understand that when using the Service, you may be exposed to User Comments from a variety of sources and that CSPS does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Comments. You further understand and acknowledge that you may be exposed to User Comments that are inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST CSPS WITH RESPECT TO SUCH USER COMMENTS. If you would like to report offensive User Comments, please do so through the Contact Us link.
Feedback. If you provide CSPS with any comments, bug reports, feedback, or modifications proposed or suggested by you for the Service ("Feedback"), CSPS shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Service. You hereby grant CSPS a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
Author Submissions. The Service may also enable you to submit article, testimony, and image submissions for possible publication in CSPS publications (“Author Submissions”), which will require you to complete a separate Copyright Agreement which will govern such Author Submissions. If you are interested in making an Author Submission, please visit our Submissions page.
10. Additional Terms.
When using the Service, you will be subject to any additional posted guidelines or rules applicable to specific products, services, or features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.
11. Modification of these Terms.
CSPS reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective 30 days after they are initially posted on or through the Service. In the event that such modifications materially alter your rights or obligations hereunder, such modified Terms will become effective upon the earlier of (i) your continued use of the Service with actual knowledge of such modified Terms, or (ii) 30 days from publication of such modified Terms on or through the Service.
12. Prohibited Uses.
International Use. Recognizing the global nature of the Internet, you must comply with all local rules regarding online conduct and acceptable Content. Specifically, you must comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Illegal Use. As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, or any part of the Service, other accounts, computer systems or networks connected to the Service, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on or through the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. You agree neither to modify the Service in any manner or form, nor to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
CSPS does not permit copyright infringing activities on or through the Service or otherwise and reserves the right to terminate access to the Service and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies CSPS may have at law or in equity.
No Framing or Embedding. You may not frame or embed pages or specific Content found on the Site or the Service, except as expressly permitted or enabled by Site functionality. Framing and embedding can infringe CSPS and/or its licensors’ copyrights and trademarks by creating derivatives of copyrighted Content or creating confusion as to the source of such Content. In general, our policies therefore do not permit framing or embedding, but do allow linking. See our Permissions and Linking pages for more information.
No Automated Access or Bypass of Exclusion Headers. The Service may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site or the Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service.
No Resale of Service. You may not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your account name), use of the Service, or access to the Service.
Please see our Permissions page for instructions on how to request permission for re-use of Content and for information on limited uses of Content that do not require permission.
By CSPS. You agree that CSPS, in its sole discretion and for any or no reason, may terminate the Service, any account (or any part thereof) you may have with CSPS or your use of the Service and remove and discard all or any part of your account or any content uploaded by you, at any time. CSPS may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice. You agree that any termination of the Service, your access to the Service or any account you may have or portion thereof may be effected without prior notice, and you agree that CSPS will not be liable to you or any third party for any such termination except as described in these Terms. Provided that you have complied with all the terms and conditions of these Terms, upon CSPS’s termination of the Service or your account, CSPS will refund any prepaid fees for subscriptions and/or services that have not yet been provided.
By You. You may terminate your account, these Terms and your right to use the Service at any time and for any reason or no reason, by contacting CSPS user support at Contact Us. If you terminate these Terms or your account, once a billing cycle has started, refunds are not available for any unused portion of your subscription for that billing cycle. You will remain obligated to pay all outstanding fees and charges, if any, relating to your use of the Service incurred before termination.
Survival. Sections 2, 4, 5, 7, 8, 10 through 14, and 16 through 21 will survive any termination of these Terms.
14. Third-Party Sites, Products and Services; Links.
The Service may include links to other websites or services ("Linked Sites") solely as a convenience to Users. CSPS does not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through Linked Sites. Furthermore, CSPS makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and such advertiser. YOU AGREE THAT CSPS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
15. Digital Millennium Copyright Act Compliance.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
If you believe this site is infringing your copyright, CSPS will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to DMCA, written notification of claimed copyright infringement should be submitted to the following Designated Agent for this site:
Service provider(s): The Christian Science Publishing Society
Name of agent designated to receive notification of claimed infringement: Edwin R. Blomquist, Jr., Copyright Administrator
Full address of designated agent to which notification should be sent:
210 Massachusetts Avenue, P03-20
Boston MA 02115 USA
Telephone number of designated agent: (617) 450-2000
E-mail address of designated agent: firstname.lastname@example.org
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is 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 the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For the avoidance of doubt, only DMCA notices should go to CSPS’s Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to CSPS customer service through the Contact Us page. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Except as explicitly stated otherwise, legal notices with respect to CSPS may be served at:
210 Massachusetts Avenue, P03-20
ATTN: Office of the General Counsel/ Rights and Permissions Group
The Christian Science Publishing Society
Boston, MA 02115 USA
Telephone number: (617) 450-2000
Email address: email@example.com
and, with respect to you, to the email address you provide to CSPS during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process, if any. In such case, notice will be deemed given three days after the date of mailing.
17. Disclaimers; No Warranties.
UNLESS OTHERWISE EXPRESSLY STATED BY CSPS, THE SITE, THE SERVICE AND ANY CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CSPS, ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS AND LICENSEES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, CORRECTNESS, ACCURACY, AND RELIABILITY.
UNLESS OTHERWISE EXPRESSLY STATED BY CSPS, CSPS, ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS AND LICENSEES DO NOT WARRANT THAT THE SITE, THE SERVICE AND ANY CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVICE AND ANY CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
18. Indemnification; Hold Harmless.
You agree to indemnify and hold harmless CSPS, its affiliates, its service providers, licensors and licensees from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your use or misuse of the Service, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. CSPS and its affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify CSPS and its affiliates, and you agree to cooperate with such defense of these claims.
19. Limitation of Liability and Damages.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL CSPS OR CSPS’S AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY SERVICE PROVIDERS, LICENSORS, OR LICENSEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE SITE OR THE SERVICE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE SERVICE, OR ANY OTHER INTERACTIONS WITH CSPS, EVEN IF CSPS OR A CSPS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CSPS’S AND CSPS’S AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY SERVICE PROVIDERS, LICENSORS, OR LICENSEES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL CSPS OR CSPS’S AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY SERVICE PROVIDERS, LICENSORS, OR LICENSEES HAVE ANY LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR THE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE).
20. Choice of Law and Forum.
The Terms and the relationship between both of us shall be exclusively governed by the laws of the United States and the Commonwealth of Massachusetts without regard to its conflict of law provisions. Your exclusive forum for bringing any claim or cause of action against us is the courts located in the City of Boston, Massachusetts U.S.A. You hereby accept and submit to the personal and exclusive jurisdiction of such courts in any proceeding or action. With respect to any such proceeding or action brought in such courts, you hereby irrevocably waive, to the fullest extent permitted by law: (a) any objection you may have now or in the future to such jurisdiction or venue, and (b) any claim that such action or proceeding has been brought in an inconvenient forum. Nothing limits our right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or any other form of relief.
Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Assignment. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by CSPS without restriction.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. This is the entire agreement between you and CSPS relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms made by CSPS as set forth in Section 11 above.
Claims. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Disclosures. The services hereunder are offered by CSPS located at 210 Massachusetts Avenue, Boston, MA 02115, and email at firstname.lastname@example.org. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Effective Date: April 2, 2012