7. Other Contract Provisions
7.1. Limitation on Liability
You hereby agree to indemnify and hold the Service, it’s owner Company, Representatives and Partners harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys' fees and court costs, arising directly or indirectly from Your use of the Website, software or services and/or Your breach of any representation, warranty or restriction contained in this agreement. You expressly agree that you shall withhold of class action suits against the Service, and that all (if any) proceedings against the Service occur, such shall be handled on an individual basis, based on rules established and agreed to in these Terms of Service. If any lawsuits are to occur, you agree that your action will not supersede the amount of one hundred ($100) United States Dollars, or the expenses made whilst using this Service, whichever is greater. The Service does not accept any class action or joint lawsuit against the Service on any grounds. The User hereby understands and agrees that the Service shall handle all grievances, disputes, controversies or possible litigation individually, on a case-by-case basis. If the parties undergo Alternative Dispute Resolution or standard Litigation proceedings, the prevailing party shall have the right to be reimbursed of all litigation expenses, inclusive of all court costs and reasonable attorney’s fees from the non-prevailing party. Except for those rights expressly granted within these Terms of Service, no other rights are granted to Users. All copying, usage, distribution or further use of copyrights or other intellectual property rights on behalf of the Service are subject to previous consent. Usage of these materials, symbols, logos and slogans must be with a previous written notice by the holder of such rights. Any sold, branded or re-sold products on our Website might contain symbols proprietary to their manufacturer.
7.2. Indemnification
You hereby agree to indemnify and hold harmless the Company and the Company’s associates of any and all: claims, damages, obligations, losses (whether direct, indirect or consequential), liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your breach of any provision of this User Agreement; (ii) your breach of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; (iii) your use of the Platform or the Service, or (iv) any claim that the Platform, Services or any Materials caused damage to you or a third party. This defense and indemnification obligation will survive termination, modification or expiration of this User Agreement and your use of the Service and Website.
7.3. Governing Law
The parties hereby agree that the applicable and usable law on this Agreement is the law of the State of Montana, County of Silver Bow. This clause does not affect any rights under Consumer Protection regulations. If any provision of this agreement is rendered invalid by an operation of law or binding court decision, such provision shall be altered to be applicable as close to the original provision as possible under applicable law.
7.4. Dispute Resolution
In cases of any disputes or controversies between the User and the Company, the parties agree to resolve these disputes in a fair and amicable manner avoiding bringing up civil actions (namely by mediation, med-arb , or arbitration proceedings). In the case the parties agree to waive the aforementioned and pursue litigation in court, the competent court shall be the court as designated by the State of Montana, County of Silver Bow Codes on Civil Procedure.
7.5. Continuity of these Terms
These Terms of Service are in effect as of the date stated above. Any Agreements concluded under this version of the Terms of Service shall be executed in accordance with the applicable version of the Terms of Service as of the date of solemnization of the Agreement between the parties. These Terms of Service may be subject to change from time to time. User shall be notified in an appropriate place on the Website about the renewal of these Terms of Service. Termination of this Agreement may occur immediately as per the Service’s reserved rights in this Agreement or by the User withdrawing consent to be bound by this Agreement.
7.6. Void where Prohibited
To the extent as prohibited by applicable law in certain jurisdictions in your respective residence, the Service may not render Services as described within this Agreement. The Service shall not be held liable for suspension of Services or termination of contract in the case this Agreement is rendered null and void under applicable law.
7.7. Contact the Service
In light of transparency, the Service hereby lists all important contact information that may be useful to the Users in order to contact the Service or its operator Company for whichever reason:
