Notices.
Any notice required or permitted under the
terms of this Agreement or required by law shall be by electronic mail or in
writing, and shall be deemed delivered upon receipt to the party to whom such
communication is directed, at the addresses specified below. If to Home Decorating Digest, the
email notice shall be addressed to info@homedecoratingdigest.com
Governing Law.
THIS AGREEMENT AND THE PARTIES'
RELATIONSHIP WILL BE INTERPRETED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF
THE UNITED STATES WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES, APPLICABLE TO
CONTRACTS ENTERED INTO AND PERFORMED ENTIRELY WITHIN THE STATE OF CALIFORNIA
(WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW PRINCIPLES UNDER CALIFORNIA LAW).
THE VENUE FOR ANY ACTION, SUIT OR PROCEEDING ARISING FROM OR BASED UPON THIS
AGREEMENT OR ANY ASPECT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION,
APPLICANT'S USE OF OR INABILITY TO USE THE SERVICE OR ACCEPTANCE, REJECTION OR
REMOVAL OF APPLICANT'S SUGGESTED SITE, SHALL BE THE COUNTY OF STANISLAUS SUPERIOR COURT, LOCATED IN THE COUNTY OF STANISLAUS, STATE OF CALIFORNIA. APPLICANT HEREBY WAIVES ANY RIGHT TO REMOVE ANY CASE FROM STANISLAUS COUNTY SUPERIOR COURT TO A FEDERAL COURT. APPLICANT HEREBY SUBMITS ITSELF TO THE JURISDICTION OF THE SUPERIOR COURT OF CALIFORNIA, IN AND FOR THE COUNTY OF STANISLAUS.
This agreement may
change at anytime without notice.
Severability.
If any term, condition or provision in
this Agreement is found to be invalid, unlawful or unenforceable to any extent,
such invalid term, condition or provision will be severed from the remaining
terms, conditions and provisions, which will continue to be valid and
enforceable to the fullest extent permitted by law. Applicant agrees that no
action related to this Agreement or the Service or Applicant's listing in the
directory may be brought more than one year after delivery of the Service giving
rise to such cause of action.
Section Titles
The section titles in the Agreement are
for convenience only, and shall have no effect on the interpretation of any part
or provision, regardless of the title heading under which the part or provision
is allocated.
Entire Agreement This agreement represents the entire agreement between the parties hereto. Nor oral or verbal statement or promises shall have any effect contrary to or in addition to what is contained herein.
Legal Fees and Costs In any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be awarded reasonable attorney's fees and costs, to be determined by the Court.
Successors and Assigns This agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective, successors and assigns.