Definitions

a) language: all communications made or notices given according to this agreement shall be in the English language.
b) jurisdiction, venue & choice of law: through your use of the website or services, you agree that the laws of the state of Illinois shall govern any matter or dispute relating to or arising out of this agreement, as well as any dispute of any kind that may arise between you and the company, except its conflict of law provisions. In case any litigation specifically permitted under this agreement is initiated, the parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: united states, Illinois. The parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non convenient or similar doctrine.
c) arbitration: in case of a dispute between the parties relating to or arising out of this agreement, the parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: united states. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Illinois. Each party shall pay its own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes, or regulations. Intellectual property claims by the company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The parties, in agreement with this sub-part of this agreement, waive any rights they may have to a jury trial regarding arbitral claims.
d) assignment: this agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by the company, the rights and liabilities of the company will bind and inure to any assignees, administrators, successors, and executors.
e) severability: if any part or sub-part of this agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such conditions, the remainder of this agreement shall continue in full force.
f) no waiver: if we fail to enforce any provision of this agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
g) headings for convenience only: headings of parts and sub-parts under this agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this agreement.
h) no agency, partnership, or joint venture: no agency, partnership, or joint venture has been created between the parties as a result of this agreement. No party has any authority to bind the other to third parties.
I) force majeure: the company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.