Terms of Service

Effective March 9, 2009:

Court of Achievers is a social networking service (consisting of www.courtofachievers.com and other COA branded URL, collectively “COA” or the “Website”), which allows users to create unique personal profiles online to help you connect with other consultants, customers, and friends.

Court of Achievers (“COA”) is operated by Circle of Achievers, LLC. References in these Terms of Service to “we,” “us,” and “our” refers to Circle of Achievers, LLC, a Texas limited liability company.

COA is not affiliated with Mary Kay Inc.

You may not post on any of your pages any copywrited or trademarked materials, including those belonging to Mary Kay Inc. Any violation is subject to the removal of the content and/or the web page on which it is posted.

By accessing or using the Website you signify that you have read, understand, and agree to be bound by these Terms of Service ("Terms of Service" or "Agreement"), whether or not you are a registered member (“Member”) of COA. The term "User" refers to either visitor, a casual browser to the Website or otherwise user of COA Services (as defined below) without being registered, or a Member.

From time to time we may, at our sole discretion, change, modify, add, or delete portions of these Terms of Service. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Such modifications shall be effective upon posting by us on the Website. Your continued use of the COA Services or the Website after any such changes to the Terms of Service constitutes your acceptance of the new Terms of Service. Users who do not agree to these or any future Terms of Service will not be authorized to access the COA Services or the Website. It is the individual user’s responsibility to regularly check the Website to ensure they are informed about changes to these Terms of Service and to review such changes.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AND SAVE THEM AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

All Members must read this Agreement and indicate their acceptance during the registration process.

The services offered by COA include the Website, the COA instant messaging service, the COA application developer service and other features (for example, music and video embedded players), and any other features, content, or applications offered from time to time by us in connection with our business (collectively, the "COA Services"). The COA Services are hosted in the United States.

This Agreement includes our policy for acceptable use of the COA Services and Content (as defined in Section 6.1 below) posted on or through the COA Services and your rights, obligations and restrictions regarding your use of the COA Services and Content posted on or through the COA Services. In order to participate in certain COA Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from us. Unless otherwise provided by the additional terms and conditions applicable to the COA Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Please choose carefully the information you post on or through the COA Services and that you provide to other Users. Your COA profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and we assume no responsibility or liability for this material. If you become aware of misuse of the COA Services by any person, please click on the "Contact COA” or the “Report Abuse” link at the bottom of the Website pages.

We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the COA Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the COA Services if we determine, in our sole discretion, that you have violated this Agreement or pose a threat to COA and/or its Users.

1. Eligibility

Membership in COA is void where prohibited. Any registration by, use of or access to COA by anyone who is under 18, is unauthorized, unlicensed and in violation of these Terms of Service. By using the COA Services, you represent and warrant that:

  1. all registration information you submit is truthful and accurate;
  2. you will maintain the accuracy of such information;
  3. your use of the COA Services does not violate any applicable law or regulation.

Your profile may be deleted and your membership may be terminated without warning.

2. Term

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the COA Services or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the My Account page. We may terminate your membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after your membership is terminated, this Agreement will remain in effect.

3. Fees

You acknowledge that we reserve the right to charge for any portion of the COA Services and to change the fees (if any) from time to time in our discretion. If we terminate your membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

4. Password.

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Use by Members

The COA Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Circle of Achievers, LLC. We reserve the right to remove commercial content in our sole discretion. Illegal and/or unauthorized use of the COA Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or framing of or linking to the Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of membership privileges. We reserve the right to take appropriate legal action for any illegal or unauthorized use of the COA Services.

6. Proprietary Rights in Site Content

6.1. We do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials that you post on or through the COA Services (collectively, "Content"). After posting your Content on or through the COA Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the COA Services, you hereby grant to us a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the COA Services, including without limitation distributing part or all of the Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the Website. This limited license does not grant us the right to sell or otherwise distribute your Content outside of the COA Services. After you remove your Content from COA we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside COA you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside COA as soon as practicable after you make the change.

6.2. The license you grant to us is non-exclusive (meaning you are free to license your Content to anyone else in addition to us), fully-paid and royalty-free (meaning that we are not required to pay you for the use on or through the COA Services of the Content that you post), sub licensable (so that we are able to use our affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the COA Services), and worldwide (because the Internet and the COA Services are global in reach).

6.3. You represent and warrant that:

  1. you own the Content posted by you on or through the COA Services or otherwise have the right to grant the license set forth in this Section 6, and
  2. the posting of your Content on or through the COA Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the COA Services.

6.4. The COA Services contain Content of COA ("COA Content"). COA Content is protected by copyright, trademark, patent, trade secret and other laws, and we own and retain all rights in the COA Content and the COA Services. We hereby grant you a limited, revocable, non-sub licensable license to reproduce and display the COA Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the COA Services. Except as expressly set forth in these Terms of Service, you may not copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any COA Content.

6.5. The COA Services contain Content of Users and other licensors. Except as provided within this Agreement, you may not copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the COA Services.

6.6. We perform technical functions necessary to offer the COA Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the COA Services.

7. User Content Posted on the Site

7.1. You are solely responsible for the Content that you upload, publish or post on or through any of the COA Services, and any material or information that you transmit to or share with other Users (collectively the "User Content") and for your interactions with other Users. You may not post, transmit, or share User Content on or through the COA Services that you did not create or that you do not have permission to post.

7.2. You understand and agree that we may refuse to post, delete or remove (without notice) any User Content for any or no reason, including User Content that in our sole judgment violates this Agreement, or which might be offensive, illegal, or that might violate the rights of any person or entity, harm or threaten the safety of any person or entity. You are solely responsible, at your own expense, for creating backup copies and replacing any User Content you post or store on COA or provide to us. We assume no responsibility for monitoring the COA Services for inappropriate User Content or conduct. If at any time we choose, in our sole discretion, to monitor the COA Services, we nonetheless assume no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.

7.3. When you post User Content to the Website, you authorize and direct us to make such copies of your User Content as we deem necessary in order to facilitate the posting and storage of the User Content on the Website. By posting User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, reproduce, transmit, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Website at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that we may retain archived copies of your User Content. We do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms of Service, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

8. Prohibited Content/Activity

You understand that except for advertising programs offered by us on COA, the COA Services are available only for your consultant business purposes.

The following are examples of the kind of User Content that is illegal or prohibited to post on or through the COA Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending User Content from the COA Services and terminating the membership of such violators. Prohibited Content includes, but is not limited to, User Content that, in our sole discretion:

  • 8.1 is patently offensive and/or
    • harmful
    • threatening
    • unlawful
    • defamatory
    • infringing
    • abusive
    • inflammatory
    • harassing
    • vulgar
    • obscene
    • fraudulent
    • invasive of privacy or publicity rights
    • hateful
    • promotes racism or bigotry, hatred or physical harm of any kind against any group or individual
    • otherwise objectionable
  • 8.2 intimidates, harasses or advocates harassment of another person;
  • 8.3 exploits people in a sexual or violent manner;
  • 8.4 contains
    • nudity
    • excessive violence
    • offensive subject matter
    • a link to an adult website;
  • 8.5 solicits personal information from anyone under 18;
  • 8.6 publicly posts information that poses or creates a privacy or security risk to any person;
  • 8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is
    • abusive
    • threatening
    • obscene
    • defamatory
    • libelous;
  • 8.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • 8.9 involves the transmission of
    • "junk mail"
    • "chain letters"
    • unsolicited mass mailing
    • unsolicited instant messaging
    • "spimming"
    • "spamming";
  • 8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • 8.11 furthers or promotes any criminal activity or enterprise or provides instructional information for a criminal offense or other illegal activities including, but not limited to
    • making or buying illegal weapons
    • providing or creating computer viruses
    • violating someone's privacy
    • violating the rights of any party
    • otherwise creating liability
    • violating any local, state, national or international law;
  • 8.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  • 8.13 that makes publicly available on the Website any private information of any third party, including
    • addresses
    • phone numbers
    • email addresses
    • Social Security numbers
    • credit card numbers;
  • 8.14 involves commercial activities and/or sales without prior written consent from us such as
    • contests
    • sweepstakes
    • barter
    • advertising
    • pyramid schemes
    • any unsolicited or unauthorized advertising, solicitations or promotional materials;
  • 8.15 includes a photograph or video of another person that you have posted without that person's consent other than those of a personal nature that:
    • are of you or your friends,
    • are taken by you or your friends, or
    • are original art or animation created by you or your friends;
  • 8.16 violates any person’s
    • privacy rights
    • publicity rights
    • copyrights
    • trademark rights
    • contract rights
    • any other rights.
  • The following are examples of the kind of activity that is illegal or prohibited on the Website and through your use of the COA Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
  • 8.17 criminal or tortuous activity, including
    • child pornography
    • fraud
    • trafficking in obscene material
    • drug dealing
    • gambling
    • harassment
    • stalking
    • spamming
    • spimming
    • sending of viruses or other harmful files
    • copyright infringement
    • patent infringement
    • theft of trade secrets;
  • 8.18 harvesting or collecting email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • 8.19 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the COA Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the COA Services, you acknowledge that you will have caused substantial harm to us, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay us $50 for each such unsolicited email or other unauthorized commercial communication you send through the COA Services;
  • 8.20 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the COA Services;
  • 8.21 activity that involves the use of software viruses, bots, worms, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment or otherwise permit the unauthorized use of or access to a computer or a computer network;
  • 8.22 any automated use of the COA Services, such as, but not limited to, using scripts to add friends, send comments or messages or to collect information from or otherwise interact with the COA Services;
  • 8.23 using the COA Services in any unlawful manner or in any other manner that could damage, disable, interfere with, disrupt, impair or overburden the COA Services or the networks or services connected to the COA Services;
  • 8.24 registering for more than one User account, registering for a User account on behalf of an individual other than yourself, or registering for a User account on behalf of any group or entity;
  • 8.25 impersonating or attempting to impersonate another Member, person or entity or falsely stating or otherwise misrepresenting yourself, your age or your affiliation with any person or entity;
  • 8.26 using or attempting to use at any time another Member’s account, username, password, service or system without authorization from us, disclosing your password to any third party or permitting any third party to access your account or creating a false identity in connection with the COA Services;
  • 8.27 selling or otherwise transferring your profile;
  • 8.28 using any information obtained from the COA Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
  • 8.29 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the COA Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose;
  • 8.30 using the COA Services in a manner inconsistent with any and all applicable laws and regulations or
  • 8.31 uploading, posting, transmitting, sharing, storing or otherwise making available content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the COA Services, or which may expose us or the Users to any harm or liability of any type.

9. Trademarks

Court of Achievers, COA, and other Company graphics, logos, designs, page headers, button icons, scripts, service and product names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

10. Copyright Complaints

We respect the intellectual property of others and require that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available on or through the COA Services any materials that violate another person’s intellectual property rights or that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We have the right to terminate the membership of infringers.

If you believe your work has been copied and posted on or through the COA Services in a way that constitutes copyright infringement, please send our Copyright Agent a notification of claimed infringement with all of the following information:

  1. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  2. identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the COA Services (providing the URL(s) of the claimed infringing material satisfies this requirement);
  3. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
  6. your physical or electronic signature.

Our Copyright Agent for notification of claimed infringement can be reached as follows: Court of Achievers, PO Box 122869, Fort Worth, Texas, 76121; Phone: (817) 246-5900; email: support@courtofachievers.com.

When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act.

11. Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, Members who are deemed to be repeat infringers. We may also at our sole discretion limit access to the COA Services and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

12. COA Pages

COA Pages are special profiles used solely for commercial, political, or charitable purposes. You may not set up a COA Page on behalf of another individual or entity unless you are authorized to do so.

WE DO NOT PRE-SCREEN OR APPROVE COA PAGES, AND CANNOT GUARANTEE THAT A COA PAGE WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF A COA PAGE. NOR ARE WE RESPONSIBLE FOR THE CONTENT OF ANY COA PAGE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY COA PAGE, INCLUDING HOW THE OWNER OF THE COA PAGE COLLECTS, HANDLES, USES AND / OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS (PLEASE REVIEW THE COA PRIVACY POLICY IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING THE USE OR SHARING OF YOUR PERSONAL INFORMATION). YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH A COA PAGE.

13. Cancelation/Refund

Please refer to our Cancelation/Refund/Fees Policy Terms for the terms, conditions and policies applicable to your subscription for COA Services.

14. User Disputes

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to become involved in any way with disputes between you and other Users.

15. Privacy

We care about the privacy of our Users. Use of the COA Services is also governed by our Privacy Policy (imbed link to Privacy policy), which is incorporated into this Agreement by this reference. By using the COA Services, you are consenting to have your personal data transferred to and processed in the United States.

16. Disclaimers

We are not responsible or liable in any manner for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the COA Services, whether posted or caused by Users, by us, by third parties or by any of the equipment or programming associated with or utilized in connection with the COA Services and such User Content does not necessarily reflect our opinions or policies.

Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or share on or through the COA Services and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Website or in connection with any User Content Software or User Content. We are not responsible for the conduct, whether online or offline, of any User.

Profiles and third party applications created and posted by Members on or through the COA Services may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on or through the COA Services does not imply approval or endorsement of the linked website by us. When you access these third party sites, you do so at your own risk. We take no responsibility for third party advertisements or third party applications that are posted on or through the COA Services, nor do we take any responsibility for the goods or services provided by our advertisers.

The COA Services may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication.

We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in or resulting from participation or downloading materials in connection with the COA Services.

Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the COA Services, attendance at a Company event, from any User Content, Software or User Content posted on or through the COA Services or transmitted to Users, or any interactions between Users, whether online or offline.

THE COA SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE COA SERVICES. WE DO NOT REPRESENT OR WARRANT THAT ANY PART OF THE COA SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE COA SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE COA SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

We reserve the right to change any and all content, software and other items used or contained in the COA Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.

17. Limitation on Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE COA SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE COA SERVICES DURING THE TERM OF MEMBERSHIP.

BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE COA SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.

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 MAY HAVE ADDITIONAL RIGHTS.

18. Termination

We may terminate your membership, delete your profile and any content or information that you have posted on or through the COA Services and/or prohibit you from using or accessing the COA Services or (or any portion, aspect or feature of the COA Services) for any reason, or no reason, at any time in its sole discretion, with or without notice.

When we are notified that a User has died, we will generally, but are not obligated to, keep the User's account active under a special memorialized status for a period of time determined by us to allow other Users to post and view comments.

19. Governing Law; Venue and Jurisdiction

By visiting the Website or using the COA Services, you agree that the laws of the State of Texas, 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 us or any of our affiliates. You agree to submit to the exclusive jurisdiction of the courts located within the State of Texas to resolve any dispute arising out of the Agreement or the COA Services.

EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

20. U.S. Export Controls

Software available in connection with the COA Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the COA Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

21. Indemnity

You agree to indemnify and hold us, our subsidiaries and affiliates, and each of our and their directors, officers, members, managers, agents, contractors, partners and employees, harmless from any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, made by any third party due to or arising out of or in connection with any User Content, or Software, your use of the COA Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any User Content that you post on or through the COA Services causes us to be liable to another.

22. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the COA Services ("Submissions"), provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

23. Definitions and Constructions

Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms or Service with the initial letter(s) capitalized will have the meaning attributed to them in these Terms of Service.

24. Other

These Terms of Service constitute the entire agreement between you and us regarding the use of the COA Services, superseding any prior agreements between you and us relating to your use of the COA Services. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.