Terms and conditions
Terms and Conditions
TERMS AND CONDITIONS
PLEASE READ THESE SITE TERMS CAREFULLY. YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS BY ACCESSING OR USING OUR SITE, OR BY AUTHORIZING OR PERMITTING ANY AGENT OR END-USER TO ACCESS OR USE OF THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICES AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THIS SITE.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice, and any or all other agreements:
“Terms” refers to these Terms and Conditions;
“You” and “Your” refers to you, the person accessing this website and accepting these Terms and Conditions;
“BUDBUDS.US”, “Our”, “Ourselves”, and “We”, refers to Aref Trading, LLC (d/b/a BUDBUDS.US), its officers, directors, consultants, contractors, agents, attorneys, employees, and third-party service providers. All terms apply to your access to, and use of, any website, product, process or service of BUDBUDS.US (collectively, “Services”), including www.budbuds.us (our “Site”).
“Submission” refers to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about BUDBUDS.US, our Site or our products and Services. Any use of the above terminology or other words in the singular, plural or capitalization are taken as interchangeable and, therefore, as referring to same.
These Terms constitute a contract between you and BUDBUDS.US, and govern the use by you, your agents and/or end-users, of our Site and any and all Services offered by BUDBUDS.US. These Terms do not alter in any way the terms or conditions of any other agreement you may have with BUDBUDS.US, or its subsidiaries or affiliates, for products, Services or otherwise. If you are using our Site on behalf of a company, organization or other legal entity, you represent and warrant that you are agreeing to these Terms for that entity and you have the authority to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify you and BUDBUDS.US for violations of these Terms.
BUDBUDS.US reserves the right to change or modify these Terms or any policy or guideline of our Site, at any time and in our sole discretion, without notice. Any change or modification will be effective immediately upon posting of the revisions on our Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of our Site following the posting of a change or modification will confirm your acceptance of such change or modification. Therefore, you should frequently review the Terms and applicable policies to understand the terms and conditions that apply to your use of our Site. If you do not agree to the amended terms, you must stop using our Site.
If you have any question regarding the use of our Site, please contact us by emailing email@example.com.
We may disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with BUDBUDS.US’ rights or property, other users of our Site or anyone else that could be harmed by such activities. BUDBUDS.US may also disclose user information when necessary to comply with a court order, legal process or other legal proceeding.
DISCLAIMER, EXCLUSIONS AND LIMITATIONS
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY BUDBUDS.US, OUR SITE AND ITS CONTENT, PORTIONS OF WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE USING OUR SITE OR SERVICES IS ACCURATE, COMPLETE, CURRENT, ERROR-FREE OR RELIABLE OR THAT YOUR USE OF OUR SITE OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR.
IN NO EVENT SHALL BUDBUDS.US, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SITE. THIS INCLUDES, WITHOUT LIMITATION, LOSS OF USE (INCLUDING, BUT NOT LIMITED TO, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON), LOSS OF BUSINESS OR PROFITS (WHETHER OR NOT THE LOSS OF SUCH PROFITS WAS FORESEEABLE, AROSE IN THE NORMAL COURSE OF THINGS OR YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH POTENTIAL LOSS), LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SITE, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM BUDBUDS.US, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BUDBUDS.US’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BUDBUDS.US, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE OUR SITE OR TO THESE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BUDBUDS.US FOR ACCESS TO OR USE OF OUR SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this Site. Redistribution or republication of any part of this site or its content is prohibited without the express written consent of BUDBUDS.US. BUDBUDS.US does not warrant that the Services from this Site will be uninterrupted, timely or error free, although it is provided to the best of our ability.
In order to access certain areas and features of our Site, you will need to register for an account. Setting up an account on the Service is free. You agree to provide accurate truthful, current and complete information when creating an account. You may be able to use an e-mail address or other online identifier provided to you by someone other than us as a username. You agree to maintain and promptly update your account information.
You are responsible for maintaining security and control over your account, including but not limited to, any e-mail address or online identifier provided to us as a username, and take responsibility for all activities that occur under your account and accept all risks of unauthorized access. If you fail to maintain security or control over your account, such as an e-mail address or other online identifier, you are responsible for any consequences and may lose access to your personal information and any data stored on our Site. Also, we are not responsible for the release or loss of any information that is identified with that address or identifier. You agree to immediately notify us if you discover or otherwise suspect any security breaches related to our Site or of any unauthorized use of our Site.
BUDBUDS.US reserves the right, but does not have any obligation, to monitor or police activity occurring on this Site. If you engage in conduct that violates these Terms while accessing or using our Site, BUDBUDS.US may, without notice and in its sole discretion, suspend, terminate, block or prevent your access or use of our Site, in addition to other available remedies. BUDBUDS.US will generally attempt to notify you of any activity in violation of these Terms and request that you cease such activity, but reserves the right to take such action without notice.
BUDBUDS.US reserves the right to terminate your license to use our Site, and to block or prevent your future access to, and use of, our Site. If you are registered for fee-based or term-specific Services, we will not terminate your username or account unless they are subject to being terminated for some other reason. After we terminate or deactivate your account for inactivity, we have no obligation to retain, store or provide you with any data, information, e-mail or other content that you uploaded, stored, transferred, sent, mailed, received, forwarded, posted or otherwise provided to us, and we may allow another user to register and use the username. We also have no obligation to remove any public data, content or other information that you posted on our Site or to reactivate your account.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, BUDBUDS.US has adopted a policy of terminating, in appropriate circumstances and at BUDBUDS.US’ sole discretion, users or account holders who are deemed to be repeat infringers. BUDBUDS.US may also at its sole discretion limit access to our Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
USING OUR SITE
TO USE OUR SITE, YOU MUST COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS AND NOT PARTICIPATE IN, FACILITATE OR FURTHER ANY ACTIVITIES THAT ARE HARMFUL; ILLEGAL OR INTERFERE WITH THE USE OF OUR SITE, SUCH AS SENDING OF E-MAIL, INSTANT MESSAGING SPAM, UNSOLICITED BULK COMMUNICATIONS OR POSTING ADVERTISING OR OTHER NOTICES. YOU AGREE TO IMMEDIATELY NOTIFY US IF YOU LEARN OF A SECURITY BREACH OR OTHER HARMFUL, OFFENSIVE OR ILLEGAL ACTIVITY ON OUR SITE.
You are not eligible to use our Site and Services without consent if you are under 18 years of age. You are not eligible to use our Services if you have previously been suspended from using the Services for any reason and we have not explicitly authorized you to resume using our Services. We reserve the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend our Services at any time for any reason without liability.
You agree to protect your username and password. If you elect to store authentication information, such as your username and password where others may access it, we are not responsible for any loss of personal data or other consequences if someone other than you uses that information to access our Services. If you lose a device (e.g., a laptop, desktop computer, or smart phone) or a device is stolen containing your username and password, it is up to you to take all the steps necessary to protect yourself.
You agree not to use our Site or Services to damage, disable, impair or otherwise attack our Site or other websites connected to our Site, or to engage in an activity that is harmful to us or our customers, advertisers, publishers, affiliates, vendors or anyone else. You agree not to use any automated process to access or use our Site or Services, whether automated or manual, to capture data or content from our Site for any reason, or to harvest or collect any information about our users for any purpose without our express written authorization. You may not create multiple usernames for sending unsolicited bulk communications or posting advertising or other notices. You agree not to transmit, send or upload any data or material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code. You agree not to monitor any data, information or communications on our Site without authorization. You agree you will not: (1) resell or redistribute the Services, or any part of the Services, or otherwise use the Services for any purpose other than your own personal or internal business use, unless pursuant to a separately executed agreement between you and BUDBUDS.US; (2) reverse engineer, distribute, modify, transmit, reuse, repost, use or create derivative works based on the content of our Site or Services, in whole or in part, for any purpose without written permission from BUDBUDS.US; (3) use our Site or Services for any mission or life-critical purposes, including the migration of any data which, if lost or corrupted, could endanger the health or safety of any person; (4) use our Site or Services in ways that may be harmful to others or our reputation, including the use of any portion of the Services as a destination linked from or to transmit any unsolicited bulk messages or unsolicited commercial messages; or (5) use our Site or Services in any manner that BUDBUDS.US otherwise states on our Site or Services is prohibited. Any violation of these provisions may result in immediate termination of your account and legal action.
You agree you will not access or use our Site or Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device. You agree not to: (1) attempt to gain unauthorized access to our Site; (2) attempt to obtain the accounts or passwords of other users; (3) engage in any activities that may interfere with the ability of others to access or use our Site; (4) monitor any data, information or communications on any network, computer or communications system, software application, or network or computing device without authorization; or (5) engage in, authorize or encourage any third party to generate fraudulent impressions or fraudulent clicks on any advertisement, including but not limited to, through repeated manual clicks, the use of robots or automated query tools and/or computer generated search requests, and/or the fraudulent use of other search engine optimization Services and/or software.
You agree not to transmit any content that is false, misleading or deceptive, including but not limited to, content that (1) appears confusingly similar to any other product or application; (2) misrepresents or falsely implies an association with another company; (3) mimics functionality or warnings from any operating system or mobile application; or (4) provides links to any other site that mimics or passes itself off as another application or Services.
You agree not to transmit content that is obscene, sexually explicit, threatening, abusive, harassing, bullying in nature, libelous, deceptive, fraudulent, offensive or defamatory, or any other content that is objectionable in our sole discretion. This includes, but is not limited to content that promotes hatred towards groups of people based on their race or ethnic origin, religion, disability, gender, age, veteran status or sexual orientation/gender identity.
Use of our Site or Services in violation of any law, rule or regulation or otherwise in violation of any third party’s rights is strictly prohibited. To prevent violations or to remediate any violations of these Terms, we can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate without notice to you to enforce these Terms.
You are responsible for obtaining, at your own expense, all equipment and services needed to access our Site and our Services. If you are accessing our Site by a mobile device, your wireless carrier may charge you fees for data, text messaging and other wireless access or communications services. We do not guarantee that our Site and Services can be accessed through all wireless devices or service plans or are available in all geographical locations. When providing you with our Services, we may display advertising within them and you agree to accept the advertising on whatever devices, including a wireless phone, you are using to access our Services.
We are based in the United States. Our Site and Services however, may be accessed from other countries. You may use this Site and Services only if they comply with the laws of the country from which you are directing and/or accessing them.
You can post content to our Site only if (1) you created and own the rights to the content or you have the owner’s express permission to post the content; and (2) the content does not (a) infringe any other person’s or entity’s rights (including copyrights, trademarks, or privacy rights) or (b) violate any applicable laws, these Terms or any other posted policies. We can remove content for any reason.
You are responsible for all the content you post to our Services and the consequences of sharing or publishing such content with others or the general public. This includes, for example, any personal information, such as your address, the addresses of others or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR SERVICE.
Except as otherwise provided in these Terms, you or the owner of any content that you post to our Site, retain ownership of all rights, title, and interests in that content. However, by posting content on our Site, you grant us and our assigns, agents, and licensees the irrevocable, royalty-free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate this content in any medium and through any form of technology or distribution. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content). The same license terms apply to any content that we repost to our associated websites.
We do not monitor or review the content of other party’s websites which are linked from our Site. Opinions expressed or content appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices or content of these sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of these other sites. You should evaluate the security and trustworthiness of any other site connected to our Site, or accessed through our Site yourself, before disclosing any personal information to them. BUDBUDS.US will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
You are granted a limited, non-transferable, non-exclusive license to create a text hyperlink to our Site for noncommercial purposes, provided that such link does not portray BUDBUDS.US or any of its products and Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited license may be revoked at any time. You may not use a BUDBUDS.US logo or other proprietary graphic of BUDBUDS.US to link to this Site without the express written permission of BUDBUDS.US. Further, you may not use, frame or utilize framing techniques to enclose any BUDBUDS.US trademark, logo or other proprietary information, including the images found at our Site, the content of any text or the layout/design of any page or form contained on a page on our Site without BUDBUDS.US’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of BUDBUDS.US or any third party.
BUDBUDS.US makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible via hyperlink or websites linking to our Site. Such sites are not under the control of BUDBUDS.US and BUDBUDS.US is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. BUDBUDS.US may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by BUDBUDS.US of any site or any information contained therein. When you leave our Site, you should be aware that our terms and policies no longer govern, and the policies of those third party sites will apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Site.
THIRD PARTY PRODUCTS AND SERVICES
BUDBUDS.US may run advertisements and promotions from third parties on our Site or may otherwise provide information about or links to third-party products or services on our Site. Your business dealings or correspondence with or participation in promotions of such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. BUDBUDS.US IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR PROMOTIONS OR AS THE RESULT OF THE PRESENCE OF SUCH NON-BUDBUDS.US ADVERTISERS OR THIRD PARTY INFORMATION ON OUR SITE.
USING OUR CONTENT AND INTELLECTUAL PROPERTY
Unless otherwise indicated, our Site and all content and other materials on our Site, including, without limitation, the BUDBUDS.US logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of BUDBUDS.US or its licensors or users, and are protected by U.S. and international copyright laws.
ANY USE OF OUR SITE OR OUR SITE CONTENT, OTHER THAN AS SPECIFICALLY AUTHORIZED HEREIN, WITHOUT THE PRIOR WRITTEN PERMISSION OF BUDBUDS.US, IS STRICTLY PROHIBITED AND WILL TERMINATE THE LICENSE GRANTED HEREIN.
We grant you a limited, non-exclusive, non-transferable, revocable license to use our Site and Services, subject to your eligibility and your continued compliance with these Terms. Such license does not include: (1) any resale or commercial use of our Site or our Site content; (2) the distribution, public performance or public display of any Site content; (3) modifying or otherwise making any derivative uses of our Site and our Site content, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (4) use of any data mining, robots or similar data gathering or extraction methods; (5) downloading (other than page caching) of any portion of our Site, our Site content or any information contained therein, except as expressly permitted on our Site; or (6) any use of our Site or our Site content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Our Site and the content provided on our Site are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information. You agree that you will not take any action to interfere with anyone’s rights in their content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of content.
You may be given the opportunity to download certain content such as music and photos. You may do so only to the extent authorized for that particular content. You may not use the content in a manner that exceeds the rights granted for your use of the content nor may you copy or distribute the content or create a derivative work unless you are authorized to do so.
The content provided on our Site, including content posted by users, is for general information, discussion and entertainment purposes only. We make no representations or guarantees about any aspect of the content on the Site and do not endorse any opinions expressed by any users. ALL CONTENT IS POSTED “AS IS” AND YOUR USE OR RELIANCE ON ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON ANY CONTENT.
You may not use any of our trade names, trademarks, service marks, logos, domain names and other distinctive brand features without BUDBUDS.US’ prior, written authorization.
BUDBUDS.US currently accepts ACH payments and/or wire transfers on a case by case basis. For any and all advertising Services you purchase from BUDBUDS.US, you will pay us for all charges and fees you incur in US Dollars only. Accounts with no activity for more than twelve (12) months may be closed by us. If closed and a balance remains, we will attempt to refund any portion of such balance that may be owed to you. If we are unable to refund any such balance using your contact information on file with us, we will dispose of the balance pursuant to our agreement and our policies and procedures.
We may provide notice to you by posting on our Site or by email to the address provided by you. You must ensure that your contact and account information is current and correct.
You agree to defend, indemnify and hold harmless BUDBUDS.US, its independent contractors, Services providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (1) your use of our Site; (2) any Submission you provide; (3) your violation of these Terms; (4) your violation of any rights of another; or (5) your conduct in connection with our Site.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms, along with any supplemental agreements and policies, constitute the whole legal agreement between you and BUDBUDS.US and replaces any prior agreements between you and BUDBUDS.US.
WE MAY MODIFY THESE TERMS FROM TIME TO TIME. YOU AGREE TO STOP USING OUR SITE AND SERVICES IF YOU DO NOT ACCEPT THE CHANGES. YOUR USE OF OUR SITE AFTER THE EFFECTIVE DATE OF ANY CHANGES MEANS THAT YOU AGREE TO THE CHANGES.
We may assign this contract at any time without notice to you. You may not assign this contact to anyone else.
In any dispute with us, your sole remedy is to stop using your account. This includes any dispute related to, or arising out of: (1) any term of these Terms or our enforcement or application of these Terms; (2) any of our policies or practices, or our enforcement or application of these policies; (3) the content available on our Site or any change in content provided by us; (4) your ability to access or use our Services; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
Submissions presented by us electronically to you have the same effect as one in writing and are legally enforceable as a signed writing. You also consent to receive all communications regarding our Site and Services electronically from us. The delivery of any communication from us is effective when sent by us, regardless of when you receive or read the communication. In addition, we are not responsible for communications that do not reach you if you have not provided us with your current contact information. If you do not agree to receive notices from us electronically, we may cancel your account and terminate access to our Site.
Submissions about BUDBUDS.US, our Site or Services should be made to:
Aref Trading, LLC
630 Third Ave – 19th fl
New York, NY 10017
Submissions, whether provided to BUDBUDS.US by mail, e-mail or otherwise, are non-confidential and shall become the sole property of BUDBUDS.US. BUDBUDS.US shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Your relationship with BUDBUDS.US shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts made and to be performed wholly within that state without reference to, and regardless of, any applicable choice or conflicts of laws principles. YOU HEREBY WAIVE PERSONAL SERVICE OF ANY AND ALL PROCESS UPON IT AND CONSENT THAT ALL SUCH SERVICE OF PROCESS BE MADE BY REGISTERED OR CERTIFIED MAIL ADDRESSED TO YOU TO YOUR ADDRESS IN OUR FILES OR ANY OTHER ADDRESS THAT YOU MAY DESIGNATE FROM TIME TO TIME.
Any controversy or claim arising out of or relating to these Terms and Conditions, or the breach or default thereof, shall be adjudicated exclusively by the State and Federal Courts of the State of New York. You hereby consent to the jurisdiction of the courts of the State of New York and the courts of the United States of America for the Southern District of New York and consent that any action or proceeding hereunder may be brought in such courts, and waive any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agree not to plead or claim the same.