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Terms Of Use

The following Terms and Conditions, Terms of Use Agreement, govern your use and access to the www.MugShotsOnline.com website (Sites) and all of its applications, links, content and images, which are owned by Citizens Information Associates LLC., (CIA LLC). You must read and accept all of the terms in this Terms of Use Agreement prior to any use of the CIA LLC Sites.

IMPORTANT! These Terms and Conditions also govern your membership to a Site (or Sites) if you become a member. By accessing, using, printing, installing, or downloading any material from any of the Sites, or becoming a member to any one of the Sites, you agree to be bound by these Terms and Conditions. These Terms and Conditions are subject to change by the Sites at any time in its discretion. Your use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. If you do not agree to be bound by these Terms and Conditions, you may not enter any of the Sites, you must exit the Site immediately and you may not use or access any of the Sites or print or download any materials from them. You may use and access the Sites only in accordance with these Terms and Conditions. Please consult these Terms and Conditions regularly and read them carefully before using the Sites. You affirm that you have read this Agreement and understand, agree and consent to its Terms and Conditions.

You are solely responsible for obtaining access to the Sites and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Sites.

I. Media And News

The Sites offer online entertainment services that may be deemed graphic in nature and which may contain crime scene photos, adult language, and descriptions of explicit criminal activity. You acknowledge that you are aware of the nature of the content provided by these Sites, that you are not offended by such content and that you access the Sites freely, voluntarily and willingly.

II. Disclaimer

Booking photos and arrest information are public records which are available from courts and law enforcement agencies under the Freedom of Information Act and Texas Public Information Act. www.MugShotsOnline.com strives to make all information as accurate as possible to the best of our knowledge. All articles are written without malice.

All suspects appearing in www.MugShotsOnline.com are innocent until proven guilty in a court of law. All information and photos presented in www.MugShotsOnline.com are obtained from public documents and other public sources including police affidavits and court documents.

III. Third Party Contributions

A. Advertisements:

Advertisements which appear in www.MugshotsOnline.com are solely the product of the advertiser and do not reflect the opinions of CIA LLC. CIA LLC does not investigate the claims or accuracy of advertisers' statements or content. Readers should perform their own research and due diligence on the claims and statements of advertisers and contact the Better Business Bureau if there are any doubts or concerns over advertisers' claims and statements. CIA LLC shall not be held liable for any of the content of any advertisements.

B. User Comments:

The opinions, comments and views expressed in the Comments section, or any other editorial content within this website, do not necessarily reflect the opinion of CIA LLC or its advertisers. These articles and content are strictly the opinion or view of the author, and should not be construed as fact or advice. While we try to monitor user comments, it is impossible to guarantee that inappropriate comments posted by users can be completely monitored. As a user, you are in agreement to notify CIA LLC in any event that you deem inappropriate comments have been posted by another user. We will investigate each notification. Please be aware that any comments or opinions submitted on www.MugshotsOnline.com may be used on the website.

C. Entertainment:

The Sites may offer online entertainment applications or services powered by and or through third parties providing entertainment services that may be deemed graphic in nature and which may also contain, user comments, adult language, and descriptions of explicit criminal activity. You acknowledge that you are aware of the nature of the content provided by these Sites, that you are not offended by such content and that you access the Sites freely, voluntarily and willingly.

D. Submissions:

Except as expressly stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission. We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any CIA LLC Site that violates these terms of use and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms of use (including Common Sense in Conduct) and/or our contest, sweepstakes, promotions, and games, and/or protect the safety or security of any person or property, including any CIA LLC Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

E. Your Conduct When Using CIA LLC Sites and Commenting on the CIA LLC Sites:

As a visitor to or Member of one of the CIA LLC Sites, you agree not to:

Harvest or collect e-mail addresses or other contact information of other visitors or Members by electronic or any other means for the purposes of sending unsolicited e-mail or other unsolicited communications, In order to protect our Members from such advertising or solicitation, CIA LLC reserves the right to restrict the number of e-mails that a Member may send to other Members in any 24-hour period to a number that CIA LLC deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk e-mail or other unauthorized commercial communications of any kind through any of the CIA LLC Services, you acknowledge that you will have caused substantial harm to CIA LLC.,

If you Use our Services or Sites in any unlawful manner or in any manner that could damage, disable, overburden or impair our Sites, Circumvent or modify, attempt to circumvent or modify, or encourage or assist any other person in circumventing or modifying any security technology or software used by CIA LLC, Use automated scripts to collect information from or otherwise interact with our Services or Sites, Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable,

Register for more than one Member account, register for a Member account on behalf of someone else or register for a Member account on behalf of any group or entity, Impersonate any person or entity or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity,

Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "pyramid schemes" or any other form of solicitation, Upload, post, transmit, share, store or otherwise make publicly available on our Sites any private information of any third party, including but not limited to addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers,

Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, Intimidate or harass another,

Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law,

Advertise to or solicit any Member or visitor to buy or sell any products or services through the unauthorized or impermissible use of CIA LLC Sites,

Use or attempt to use another�s account, service or system without authorization from CIA LLC,

Create a false identity through any of our Sites, and Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of CIA LLC, is objectionable or restricts or inhibits any other person from using or enjoying our Sites or that may expose CIA LLC or its users to any harm or liability of any type. CIA LLC reserves the right to investigate and take appropriate legal action against anyone who, in CIA LLC�s sole discretion, violates this provision, including without limitation reporting you to law enforcement authorities.

IV. Protected Speech

You further acknowledge that the Sites contain only images and articles protected by the First Amendment to the United States Constitution.

V. Trademark Information

www.MugShotsOnline.com, is a service mark of Citizens Information Associates LLC, (CIA LLC) in the United States. All rights are reserved. Other manufacturers' product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners. CIA LLC marks may not be used publicly except with express written permission from CIA LLC, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits CIA LLC.

VI. Copyright

The material and content accessible from the Sites, and any other World Wide Web site owned, operated, licensed, or controlled by CIA LLC (collectively, "Materials") is the proprietary information and valuable intellectual property of CIA LLC or the party that provided the Materials to CIA LLC, and CIA LLC or the party that provided the Materials to CIA LLC retains all right, title, and interest in the Materials. Accordingly, the Materials may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of CIA LLC, except that you may print out a copy of the Materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Content except as expressly provided in these Terms and Conditions violates CIA LLC's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Sites. All content included on the Sites, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of CIA LLC or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on each Site is the exclusive property of CIA LLC or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations.

VII. Access to Sites

To access the Sites or some of the resources they have to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of these Sites that all information you provide will be correct, current, and complete. If CIA LLC believes the information you provide is not correct, current, or complete, CIA LLC has the right to refuse you access to these Sites or any of its resources, and to terminate or suspend your access at any time. Subject to these Terms and Conditions and in consideration of your becoming a member to a Site, CIA LLC hereby grants you a limited, nonexclusive, nontransferable personal license to access the Sites and the Materials contained therein. Subject to Section IX, provided that you are a member in good standing to a Site, you may cache the Materials onto a single computer for your personal, non-commercial internal use only. All Materials on the Sites shall be for private use only, and all other uses are strictly prohibited. You agree to prevent any unauthorized copying of any of the Sites, or any of the Materials contained therein. Any unauthorized use of a Site or any of the Materials contained therein terminates this limited license effective immediately. This is a license to use and access a Site for its intended purpose and is not a transfer of title. Violators of this limited license may be prosecuted to the fullest extent under law.

VIII. Restrictions on Use of Sites

You may use the Sites for purposes expressly permitted by the Sites. You may not use the Sites for any other purpose, including any commercial purpose, without CIA LLC's express prior written consent. Without the express prior written authorization of CIA LLC, you may not: (a) duplicate a Site or any of the Materials contained therein (except as expressly provided above in Section VII); (b) create derivative works based on a Site or any of the Materials contained therein; (c) use the Sites or any of the Materials contained therein for any commercial purpose, or for any public display, public performance, sale or rental; (d) distribute the Sites or any of the Materials contained therein; (e) remove any copyright or other proprietary notices from the Site or any of the Materials contained therein; (f) frame or utilize any framing techniques in connection with the Sites or any of the Materials contained therein; (g) use any meta-tags or any other "hidden text" using CIA LLC's name or marks; (h) "deep-link" to any page of any of the Sites (excluding the homepages), or "inline link" to any content of the Sites; (i) circumvent any encryption or other security tools used anywhere on the Sites (including the theft of user names and passwords or using another person's user name and password in order to gain access to a restricted area of any of the Sites); (j) use any data mining, robots or similar data gathering and extraction tools on the Sites; (k) decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law; (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access and use the Materials as granted in Section VII above; or (m) bookmark any page of any Site beyond the membership log-in screen. You agree to cooperate with CIA LLC in causing any unauthorized use to cease immediately. At any time, if the Sites provide a service enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate or submit any defamatory, offensive or illegal material while using the Sites or other services included on the Sites. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and the Sites shall terminate all your rights under this Agreement. If users are allowed to share information and communicate with other users, you agree that all materials you submit will be accessible to other users and will not be secure or private. You hereby agree that you have been noticed that all communications submitted to the Sites can be accessed by agents, operators, and other users, regardless if they are the intended recipients of the messages.

IX. Membership

A. Registration

You are responsible for providing all equipment and the computer necessary to access the Sites. You may access the non-public portion of any Site only by being a member in good standing to that Site. You may become a member of a Site by completing an online registration form. Upon submission of the online registration form, CIA LLC or its authorized agent will process the application. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. You must promptly inform CIA LLC of all changes, including, but not limited to, changes in your address and changes in your credit card used in connection with billing for the Sites. If you provide any information that is untrue, inaccurate, not current or incomplete, or CIA LLC or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CIA LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Site or Sites.

B. Member Account, Password and Security

As part of the registration process, you will select a unique user name and password which you must provide in order to gain access to the non-public portion of a Site. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to any Site to anyone who is below the age of majority in your state. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. CIA LLC will not release your password for security reasons. You agree to (a) immediately notify CIA LLC of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Sites until you notify CIA LLC by email regarding that unauthorized use. Unauthorized access to the Sites is illegal and a breach of this Agreement. You may obtain access to your billing records regarding charges of your use of the Sites upon request.

C. Fees

You agree to pay all membership fees when due according to the billing terms. CIA LLC posts the current membership fees for each Site as part of the registration process. CIA LLC reserves the right to change any Site's membership fees at any time, with or without prior notice to you. At the time of registration, you must select a payment method. CIA LLC reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your account will be deemed past due if it is not paid in full by the payment due date. If your account becomes past due, you agree to pay interest on the past due amount at a monthly rate of 1.5%, or the highest amount allowed by law, whichever is lower, compounded daily, plus any additional collection costs, credits, charge backs and attorney's fees. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You are responsible for reimbursing CIA LLC for all credit card charge backs, dishonored checks and any related charges. You authorize CIA LLC and its agents to make payments for the services provided to you through the Sites by automatic check debit and credit card on your behalf. You hereby agree not to falsely report the credit card or check card lost or stolen, without good reason that it is lost or stolen, that you have used for payment of CIA LLC's goods or services, including subscriptions. Such fraudulent reporting to avoid payment for goods or services that you or anyone under your authority has made to CIA LLC or the Sites when you have an outstanding charge to CIA LLC shall make you liable to CIA LLC for $5,000 in liquidated damages. This liability for liquidated damages is in addition to any other liability you may incur for breaches of any other Terms and Conditions in this Agreement.

D. Billing Errors

If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer.

E. Refund Policy

CIA LLC does not provide cash refunds. We do, however, grant credits in the form of free memberships to resolve customer service issues. The billing system used by CIA LLC or our authorized agents provides extensive credit card fraud protection measures and our Sites include many features to protect users from accidental charges. Therefore, refunds to your credit card will be provided only under the rarest of circumstances such as persistent technical problems originating with our equipment.

X. Termination

CIA LLC may terminate your access to a Site at any time, with or without advance notice, if: (a) CIA LLC believes that you have breached any material term of these Terms and Conditions, (b) if you fail to pay any amount due by the payment due date; or (c) CIA LLC decides to cease operations or to otherwise discontinue any of the Sites. Further, you agree that neither CIA LLC nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to any of the Sites. You agree that if your account is terminated by CIA LLC, you will not attempt to re-register as a member without prior written consent from CIA LLC.

XI. Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITES AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. CIA LLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITES OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CIA LLC MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND THAT CIA LLC CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. CIA LLC DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. CIA LLC MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITES OR ANY TRANSACTION ENTERED INTO THROUGH THE SITES AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

XII. Limitation of Liability

IN NO EVENT SHALL CIA LLC (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSON'S USE, MISUSE, OR INABILITY TO USE THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF CIA LLC HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF CIA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CIA LLC'S MAXIMUM TOTAL AGGREGRATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF A SITE OR SITES FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

XIII. Indemnity

You agree to defend, indemnify, and hold harmless CIA LLC, its officers, directors, shareholders, employees, independent contractors and agents, from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your use, misuse, or inability to use the Sites or any of the Materials contained therein, or your breach of any of these Terms and Conditions. You agree that KGP retains the right to use the attorneys, accountants, and other professional consultants of its choice. CIA LLC shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. CIA LLC may participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but is not obligated to do so.

XIV. Links

Some web sites which are linked to the Sites are owned and operated by third parties. Because CIA LLC has no control over such sites and resources, you acknowledge and agree that CIA LLC is not responsible for the availability of such external sites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CIA LLC shall 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 third-party content, goods or services available on or through any such site or resource. If you decide to access any such third party sites, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.

XV. Export Control

You understand and acknowledge that the software elements of the Materials on the Sites may be subject to regulation by agencies of the U.S. Government, including the U.S. Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. Diversion of such Materials contrary to U.S. law is prohibited. You will not assist or participate in any such diversion or other violation of applicable U.S. laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable U.S. laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.

XVI. Force Majeure

CIA LLC shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay CIA LLC's performance.

XVII. General Provisions

A. Governing Law

These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the State of Texas, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the state and federal courts of the State of Texas. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located in Travis County, Texas.

B. Rights to Injunctive Relief

Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party's breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.

C. Binding Arbitration

If there is a dispute between the parties arising out of or otherwise relating to these Terms and Conditions, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable worker's compensation law and unemployment insurance claims. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Travis County, Texas, and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce. The party bringing the action shall be responsible for paying all costs for arbitration, including the arbitrator's fees. Each party shall bear its own attorneys' fees (except if the matter is for the collection of a debt owed in which case the prevailing party shall be awarded its attorneys fees, all arbitration costs and the arbitrator fees (if applicable), in addition to all other applicable remedies). The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. This Section shall not apply to any breach (or any allegation which if true would constitute a breach) of any matter relating to intellectual property. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.

D. Assignment

The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.

E. Severability

If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.

F. Attorney's Fees

In the event of any litigation arising out of this agreement, the prevailing party shall be entitled to attorney's fees, including attorney's fees incurred on appeal, and attorney's fees incurred during collection of a judgment.

G. No Waiver

No waiver of CIA LLC shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.

H. Headings

All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions.

I. Complete Agreement

These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of any of the Sites and the Materials contained therein, and your membership with any of the Sites, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (except, to the extent applicable, any Download Agreement or similar contract governing the parties' rights and responsibilities in connection with any specific Materials downloadable from a Site). No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.

J. Modifications

CIA LLC reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit a Site. Your continued use of a Site following CIA LLC' posting of any changes to these Terms and Conditions constitutes your acceptance to such changes. CIA LLC does not and will not assume any obligation to provide you with notice of any change to these Terms and Conditions. Unless accepted by CIA LLC in writing, these Terms and Conditions may not be amended by you.

K. Other Jurisdictions

CIA LLC makes no representation that the Sites or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Sites from such locations do so on their own initiative and are solely responsible for compliance with all applicable local laws.

© 2011 Citizens Information Associates LLC



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