Terms of Service ("Terms")
Welcome to Neurotic Media. We provide technology services to third party businesses – our Affiliates – and thorough them, we provide services to You, the consumer. Neurotic Media and its affiliates provide their services to You subject to the following conditions. By shopping via Neurotic Media’s service, You accept these conditions. Please read them carefully. In addition, note that when You use any current or future Neurotic Media service or visit or purchase from any business affiliated with Neurotic Media, You will also be subject to the guidelines and conditions applicable to such service or business.
This is a legal agreement between You (either an individual or an entity, including the subscriber of a participating mobile communications carrier on whose behalf You are entering into this Agreement) and Neurotic Media, LLC and its suppliers and licensors (collectively "NM" or "Company") for the Music Store Service ("Services"). This agreement combined with all updates, additional terms and all of NM’S terms and policies collectively constitute the “Agreement” between You and NM. You must accept and abide by these Terms as presented to You and under no circumstances shall any changes, additions, or deletions be deemed acceptable. The Services include sales, support and access to digital content (both via the Internet as well as via mobile networks and mobile devices) under certain terms and conditions as set forth in this Agreement. You may only receive the Services if You are in good standing with a valid, authorized credit card on file with NM, or if You are redeeming a promotional code or coupon for the Services. Additionally, You may only receive the Services onto a mobile device or mobile phone if You are in good standing with your carrier and have a device or phone that are supported by the Services (subject to carrier’s own service levels and network performance; NOTE: Airtime fees may apply – please refer to your mobile device plan for specifics about your airtime costs with your carrier).
This Service is available for individuals aged 13 years or older. If You are 13 or older but under the age of 18, You should review these terms and conditions with Your parent or guardian to make sure that You and Your parent or guardian understand these terms and conditions. When You register for the service, You agree to provide true, accurate, current and complete information about Yourself. You will promptly update such information to keep it true, accurate, current and complete. NM reserves the right to verify the accuracy of the information You submit in connection with Your registration and to reject any registration that is deemed inaccurate or untrue. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE "I ACCEPT" BUTTON AND DO NOT PURCHASE OR USE THE SERVICES. BY CLICKING "I ACCEPT" AND REGISTERING FOR THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
NM may modify the terms of this Agreement or the Services, including but not limited to the price, content or nature of the Services, upon notice to You. In the event NM modifies the Agreement or the Services, You may terminate the Services. NM may terminate this Agreement and any Services at any time. NM may provide notice by e-mail or by publishing the changes on its website. This Agreement will automatically terminate if You fail to comply with any term. No notice shall be required from NM to effect such termination. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.
1. Your Account
As a user of the Services You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer. You agree to accept responsibility for all activities that occur under Your account or password. Additionally, You agree to notify NM immediately of any unauthorized account use. NM is in no way responsible for any loss that You may incur as a result of any unauthorized use of Your user account and password. NM does not sell products to children, but it does sell them to adults who can purchase with a credit card. NM and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
By completing the registration process on any site or wapsite at powered by NM, OR by accessing the Services via your mobile device by downloading mobile content to a mobile device (each a "Download"), You (1) represent that you are at least 13 years of age and have the consent of the subscriber of a participating mobile communications carrier to sign-up for and use the NM Service on behalf of the subscriber; and (2) agree on behalf of the subscriber and yourself to be bound by the terms and conditions of this Agreement. USERS UNDER EIGHTEEN (18) YEARS OF AGE REQUIRE PARENTAL PERMISSION BOTH TO COMPLETE THE REGISTRATION PROCESS ON THE WEBSITE AND TO DOWNLOAD MOBILE CONTENT.
2. Mobile Service Details
a) Description of the NM Mobile Service: NM provides downloadable mobile entertainment content, such as ringtones, graphics, video, song downloads, games, and other applications via the internet, SMS, MMS, WAP, BREW and other means of mobile content delivery to certain compatible mobile devices (the "Mobile Service") as part of NM’s overall Services. You acknowledge and agree that the Mobile Service is for your personal use on the mobile device designated during the Download. You agree that you may not transmit, broadcast, upload to any computer or mobile device, create derivative works of, or make commercial use of the Mobile Service, including, but not limited to, any Download(s), except as specifically provisioned by the Mobile Service. You may not, or attempt to (or otherwise authorize, encourage or support others’ attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Mobile Service, including, but not limited to, any Download(s).
b) Access to Mobile Service: In order to use the Mobile Service, you must have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which Company makes the Mobile Service available as well as any carrier services necessary to download content, and pay any service fees associated with any such access (standard airtime, messaging, and/or connectivity rates would normally apply to your transaction depending on your specific carrier policy). In addition, you must provide all equipment and software necessary to connect to the Mobile Service, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Mobile Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with NM's operations. Any equipment or software causing interference shall be immediately disconnected from the Mobile Service and NM shall have the right to immediately terminate this Agreement. If any upgrade in or to the Mobile Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Mobile Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.
3. Fees and Payment
You agree to pay NM the charges for Your use of the Services using a valid credit card, plus any applicable taxes, in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. Purchases you make from NM will include sales tax based on the bill-to address and the sales tax rate in effect at the time of download. If the sales tax rate for the billing address changes before the song is downloaded, the new tax rate in effect at the time of download will apply. We will only charge tax in states where music downloads are taxable. No customers are eligible for tax exemptions for purchases made through our Services.
You are responsible for all charges incurred under Your account made by You or anyone You allow to use Your account. You agree to provide NM with a valid credit card and accurate, complete and updated information required during the registration process. If You want to designate a different credit card or if there is a change in Your credit card status, You must change Your credit card information online at the Account Information section of the Service. Failure to comply may result in the immediate termination of Services. Prices and availability of any Products are subject to change at any time.
You authorize NM to charge Your credit card for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with Your Account until You cancel the Services. Payments are billed nightly for all applicable activity. NM pre-authorizes up to $10 upon Your first daily purchase, and Your final purchase amount is what is actually billed nightly to your account as the daily payment amount, with the balance of the pre-authorization discarded (in other words, NM only charges for the items You actually confirmed and ordered that day). All payments are completely non-refundable.
Furthermore, You authorize NM to charge Your mobile account via your carrier for any Mobile Services and Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in conjunction with Your Accounts until You cancel the Services.
Gift Certificates, Allowances and Pre-Paid Cards purchased from our Services can be redeemed through our Service via the affiliated store you purchased them in only, and are non refundable. You may cancel the Services at any time, but NM will not refund any remaining balance in Your account. Gift certificates, prepaid cards, and allowances, and any unused balances, as well as credits obtained via a product giveaway promotion, are not transferable and are not redeemable for cash and cannot be returned for a cash refund, exchanged, or used to purchase gift certificates or provide allowances.
NM will assess an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge if Your payment is more than 30 days past due. That amount will be applied to your account and due immediately. You are responsible and liable for any fees, including attorney and collection fees, that NM may incur in its efforts to collect any remaining balances from You. You also agree that You will be billed for and will pay any outstanding balances if You cancel the Services, or the Services are terminated. You agree to notify NM about any billing problems or discrepancies within 90 days after they first appear on Your account statement. If You do not bring them to NM's attention within 90 days, You agree that You waive Your right to dispute such problems or discrepancies.
You remain responsible for any additional telephone charges for the use of the Services (both online and via a mobile device, as the case may be), including when You download or stream music from the Service. You specifically agree that any telecommunications charges --- such as wireless, broadband, telephone or similar Internet access charges - that You incur in using the Services are Your responsibility.
In order to access and retain Your electronic records, You may be required to have certain hardware and software, which are Your sole responsibility. For assistance with billing questions or other order inquiries, please refer to our online Help and F.A.Q. information. If You cannot find the answers You are seeking, You can contact us at Customer Service. Responses to inquiries will be provided Monday – Friday 9am – 6pm EST. We will make every effort to respond to Your inquiry within 24 hours.
4. Electronic Signatures and Contracts
Your use of the Service requires your ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
5. License and Site Access
NM grants You a limited license to access and make personal use of this site and not to modify it, or any portion of it, except with express written consent of NM. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use terminates the permission or license granted by NM.
6. Use Of The Service
You agree that You shall only use the Services and Content in a manner that complies with all applicable laws in the jurisdictions in which You use the Services and Content, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. You must be online in order to use the Service. The Content You obtain using the NM Service (via purchase, code redemption, or delivery of some promotional content) can be used on up to two personal computers ("Authorized Computers"), or in the case of Mobile Services, one mobile/wireless device. Content downloaded to Your Authorized Computer from the Service cannot be transferred, copied or distributed to other platforms or devices, including portable music players unless authorized by the Service. You may be able to "burn" certain Content on compact disc or other portable formats (look at each file’s Properties for its unique usage rights and limitations); however, any Content transferred to such portable formats are for Your personal use and You may not transfer, copy or distribute such Content to other persons or devices. Content downloaded to Your Authorized mobile device or cell phone from the Mobile Service cannot be transferred, copied or distributed to other platforms or devices, including portable music players unless authorized by the Mobile Service.
You may only use and access the Content for private and non-commercial use. You are not granted any commercial, sale, resale, reproduction, distribution or promotional use rights for the Content, including any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition. You may not share Your account information and password with or permit other individuals to use the Content and Services. You may not rent, lease, assign, sell, transfer, or otherwise transfer Your account or rights to the Content or the Services or give access to Your account to any third party. You may not modify or use the Content for any other purpose or remove any proprietary notices or labels on the Content or Service. You may not use the Services or Content in any way to provide, or as part of, any commercial service or application. You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in, a Content file. The Service embodies a copy management system required by the laws of the United States, and You may not circumvent or attempt to circumvent this system by any means. Except as specifically authorized herein, You may not reproduce, republish, post, transmit, distribute, copy, redistribute, modify, translate, add to, alter, delete from, or create derivative works of the any Content, link directly to any Content, or attempt to "pass-off" any Content as Your own work.
As it relates to codes used to redeem Content from NM Services, all Codes are subject to verification in accordance with the Official Rules which may be provided with each Affiliate Service, and in NM’s sole discretion. In most instances, each Code can only be used once (“Unique Code”); attempts to re-use or re-enter a previously redeemed Unique Code will be void and ineligible for Content redemption (such as a Song Prize, a Gift with Purchase, and/or Sweepstakes entry). A Unique Code or a Code entered from a computer that does not meet the system requirements for the Services (as outlined in NM’s Help/F.A.Q. sections) may fail, so please make sure to review the system requirements. Codes that are not verified or recognized as valid by NM’s Services or that are deemed as previously entered and used will be void and not eligible for redemption. If a “start date” is provided with the Codes, such Codes can not be redeemed before the start date. If a deadline date is provided with the Codes, all such Codes must be entered by the deadline date. After the deadline date, such codes will be void and not eligible for redemption.
In addition to any other remedies available in equity or law to NM and NM's Content suppliers, failure to comply with any of the terms and conditions in this Section " Use of The Service " shall immediately terminate Your license to the Content and the Services.
NM does not warrant that product descriptions or other Content of this site are accurate, complete, reliable, current, or error-free. You understand that all songs, information, audio, video, musical compositions, multimedia presentations, images, artwork, data, text, software, sound, photographs, graphics, messages or other materials (collectively, "Content") provided in conjunction with the Services are the sole responsibility of the entity from which such Content originated and not NM. You understand that by using the Service and accessing the Content, You may be exposed to Content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as explicit. Nevertheless, You agree to use the Service at Your sole risk and that NM shall have no liability to You for content that may be found to be offensive, indecent, or objectionable and that it is Your responsibility to determine which Content meets Your standards. Additional information regarding this matter can be found at www.parentalguide.org.
MP3 downloads of SONY BMG products are sold directly by SBME Digital LLC via Neurotic Media as Agent.
8. Proprietary Rights and Copyrights
NM will enable You to listen to music and to access other Content that may be obtained by You in digital form. All Content included in the Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, streams, ringtones, wallpapers, videos, data compilations, and software (collectively, " Content ") is the property of NM, its affiliates, or its Content suppliers and is protected by United States and international copyright laws. You agree that these copyrights laws and proprietary interests limit Your rights to the Materials. All software used on this site is the property of NM or its software suppliers and protected by United States and international copyright laws. You understand that the Services include security components that permit digital information to be protected and used only as authorized by NM. These security components are programmed so that certain music and other Content may be available for listening only (e.g., streaming audio), while other Content may be available for downloading or for burning on a compact disc, depending on distribution rights. Any burning or exporting capabilities of the download are solely an accommodation to You and shall not constitute a grant or waiver of any rights of the copyright owners of the sound recording and underlying musical composition embodied in the digital downloads. Any unauthorized copying, redistribution or other unauthorized use is expressly prohibited.
NM’s graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Neurotic Media LLC, and may not be used in connection with any product or service that is not NM's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NM.
10. Procedure For Making Claims Of Copyright Infringement
If You believe that Your work has been copied and is accessible on the Services in a way that constitutes copyright infringement, You may notify NM. Click here for instructions.
On occasion, technical problems may delay or prevent delivery of Your Content or Service. You acknowledge that You understand that technological components in the delivery process such as Internet or wireless connectivity, Your hardware, Your software, the functionality of Your ISP or other Internet service providers, or in the case of Mobile Services the functionality of Your carrier, and other components controlled by third parties, are not supervised or controlled by NM; any adverse effect such components may have on the functionality or success of the Content delivery or Services is not NM’s responsibility. Your exclusive and sole remedy with respect to Content or Service that is not delivered within a reasonable period will be either replacement of such Content or Service, or refund of the purchase price paid for such Content or Service, as determined by NM.
12.Third Party Links
NM is not responsible in any way for, and does not guaranty the availability of, any email from or links to third party Web sites and third party resources which may be accessed through the Services. In addition, NM does not endorse and is not responsible or liable for any content, advertising, goods or services, or other materials available on or from such third party Web sites or resources. NM will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods or services, or other materials on or available from such third party Web sites or resources.
When You visit a NM Service, we will automatically generate and assign to You one or more "globally unique identifiers" ("GUIDs") associated with Your computer. At the time of registration, You will also be assigned a unique ID number. NM may use the ID number, the GUIDs, as well as cookies and similar technologies, to collect information about Your use of the Service ("Usage Information"). For example, NM servers will automatically collect and store the dates and times that You log into the Service, as well as information about Your browser software and system configuration, and the music tracks You download and stream, and other Content you interacted with. Such usage information may be associated with other personally identifiable information such as, for example, Your user name, billing information, and information gathered from other sources ("Member Information").
NM uses Usage and Member Information for billing and accounting purposes, as well as to enhance Your experience with the Services. Additionally, NM may use aggregate data concerning members' use of the Services in order to determine how our members use different parts of the Services, and to improve the features and functionality of the Services.
NM does not share Usage and Member Information with third parties unless it is necessary to provide You the Services. Accordingly, NM will share certain Usage Information in an anonymous format in order to process royalty payments to artists and other Content rights holders, as well as to facilitate certain transactions with its service vendors, such as banking partners securely processing Your payment transaction. Additionally, NM will share certain Usage Information and Member Information with its Affiliates. NM may also release specific Usage and/or Member Information to comply with valid legal process such as a search warrant, subpoena, or court order; to protect Neurotic Media LLC's rights or property; or in special cases such as a physical threat to You or others. In all cases, NM will make commercially reasonable efforts to protect all of Your private information, especially Your credit card information, using standard security measures such as data encryption both within the database and during relevant transmission.
If the privacy practices for NM change, those changes will be posted at http://web.neuroticmedia.net/Privacy.html so that You will always know what information NM gathers, how it might use that information and whether NM will disclose it to anyone.
14. Electronic Communications
When You visit NM’s Services or send us e-mails, You are communicating with us electronically and consents to receive communications from us electronically. When You send us an SMS message, or enter information on a WAP site supported by the Services, You are also communicating with us electronically and consents to receive communication from us about the mobile product you order via SMS, MMS, WAP, and other means applicable to Your wireless device and the service offered to You by Your carrier. If You elect to communicate electronically with our Affiliates or Content providers by using our Services, You consent to receive communications from those Affiliates or Content providers electronically. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
To let You know what new Content and Services are available from time to time, NM may send You e-mail or SMS describing the latest Content and Services and how to get access to the Content and Services. You agree that as a Service customer, NM may send You such e-mail to the address You provide, or SMS to the cell phone number You provide. Because this electronic communication is necessary for You to receive the Services, You will receive it even if You have opted out of receiving other e-mail from NM. If You do not want to receive this e-mail or SMS, as the case may be, You may cancel the Service at any time as provided in this Agreement, or opt out of the Service e-mail or SMS as provided in each transmission.
15. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND THE INFORMATION CONTINED THEREIN IS PROVIDED BY NEUROTIC MEDIA, ITS OWNERS, SUBSIDIARIES, DIVISIONS, EMPLOYEES, PARTERS, AGENTS, REPRESENTATIVES, AFFILIATES, CONTENT PROVIDERS, AND THIRD-PARTY SUPPLIERS (collectively, the " SERVICE PROVIDERS") ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEUROTIC MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NEUROTIC MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NEUROTIC MEDIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, DAMAGES RELATED TO LOST PROFITS OR LOST OPPORTUNITIES, LOSS OF USE, DATA, PROFITS OR INCOME ARISING FROM YOUR USE OF THE INFORMATION. ADDITIONALLY, THE SERVICE PROVIDERS SHALL HAVE NO LIABILITY IN CONNECTION WITH THE INFORMATION FOR THE FOLLOWING:
1. Any liability for damage to Your computer and/or wireless device hardware, software, data, information, and business resulting from the
Information or the lack of Information;
2. Any loss or injury caused, in whole or in part, by their actions, omissions, or negligence, or for contingencies beyond their control, in procuring, compiling, or delivering the Information;
3. Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
4. Any decision made or action taken or not taken in reliance upon the Information.
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.
The Services are intended for use only with properly licensed media, content, and content creation tools. It is Your responsibility to ascertain whether any copyright, patent or other licenses are necessary and to obtain any such licenses to serve and/or create, compress or download such media and content. You agree to record, play back and download only those materials for which You have the necessary patent, copyright and other permissions, licenses, and/or clearances. You agree to hold harmless, indemnify and defend NM, its officers, directors and employees and Service Providers, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that You have (i) viewed, downloaded, encoded, compressed, copied or transmitted any materials (other than materials provided by NM) in connection with the Service in violation of another party's rights or in violation of any law, or (ii) violated any terms of this Agreement.
17. Applicable Law
By visiting NM’s Services, You agree that the laws of the State of Georgia, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between You and NM.
a) Any dispute relating in any way to Your visit to NM or to products You purchase through NM shall be submitted to confidential arbitration in Atlanta, GA, USA, except that, to the extent You have in any manner violated or threatened to violate NM's intellectual property rights, NM may seek injunctive or other appropriate relief in any state or federal court and You consent to exclusive jurisdiction and venue in such courts.
b) Arbitration & Jurisdiction. You and NM agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, this Agreement or Services, or Your use of the Services shall be final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"). The arbitration shall take place in the State of Georgia. To the fullest extent permitted by law: no arbitration under this Agreement shall be joined to any other arbitration, including any arbitration involving any other current or former licensee of NM; no class arbitration proceedings shall be permitted; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between You and NM); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between You and NM). Your arbitration fees and Your share of arbitrator compensation will be limited to those set forth in the AAA's Consumer Rules with the remainder paid by NM. If such costs are determined to be excessive, NM will pay all arbitration fees and arbitrator compensation. You and NM may litigate in court only to compel arbitration under this Agreement, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrator(s). You and NM hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Georgia to enforce the provisions of this Section 15 and to resolve any disputes and claims cognizable in court relating in any way, or arising out of, this Agreement or Services or Your use of the Services. The court, not the arbitrator, shall determine arbitrability and enforce the arbitration agreements contained herein, including the prohibition on consolidated arbitrations and class arbitration. This Agreement and all disputes and claims relating in any way to, or arising out of, this Agreement or Services or Your use of the Services shall be governed by the laws of the State of Georgia and the Federal Arbitration Act.
c) Complete Agreement. This Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by You, whether formally rejected by NM or not. The acceptance of any purchase order You place is expressly made conditional on Your consent to the terms set forth herein. The terms and conditions contained in this Agreement may not be modified by You except in a writing duly signed by You and an authorized representative of NM. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
Copyright © 2001-2011 Neurotic Media, LLC and/or its suppliers and licensors. 3390 Peachtree Road,Suite 500, Atlanta, Georgia 30326 U.S.A. All rights reserved.