MAREP MEMBER LICENSE AGREEMENT AND TERMS OF USE
1. ACCEPTANCE OF TERMS
Welcome to the MAREP Web site. This site is provided by the MAREP, LLC, a Missouri Limited Liability Company (“MAREP”), subject to the following license agreement and terms of use, which may be updated from time to time without notice to you (collectively “this License"). You may periodically view the updated terms by going to http://marep.net/members_folder/misc_files.termsofuse.pdf. If you are in a jurisdiction where use of this service is prohibited or if you do not agree with this License, click "I do not accept" and do not use this service.
By clicking on the “I accept” button and by using and continuing to use MAREP forms and/or marep.net Web site (“the Web site”), you agree to be bound by this License, and represent and warrant that you are permitted to do so under applicable law.
As used in this License, the terms “you” and “your” shall mean and include you as the principal broker of your firm, your firm and any and all of your affiliated licensees, authorized agents, officers and employees. The terms “MAREP,” “we,” “us” and “our” shall mean the MAREP. and their authorized agents, affiliate companies, officers and employees.
2. DESCRIPTION OF SITE AND SERVICES
MAREP or third party software, protocols (including but not limited to Joomla, The Thinkery Intellectual Property and Adobe Acrobat protocols) (the "Software"), and services, content, or materials used that are authorized by MAREP (collectively, the "Service") provide member users with the ability to access, download, fill out and use MAREP forms that have been approved by legal counsel for the state in which the forms are intended to be used, the ability to advertise Member listings on MAREP’s Web site(s) and a forum and member chat to enable members to communicate with each other and a MAREP moderator. MAREP owns or has licensed the rights to the Software, the Web Site and the forms accessible thereon and hereby grants to you the right to use them subject to the terms and conditions of this License.
By providing MAREP with business and/or personal information, subject to MAREP’s Privacy Policy, you grant MAREP a non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, such information on and through web sites controlled by MAREP, including but not limited to marep.org® and marep.net®, and co-branded or mirrored versions of such sites, and in MAREP’s promotional or advertising materials, and (ii) sublicense to third parties such content to the extent necessary for the creation and maintenance of, in part or in whole, such sites.
You acknowledge that by permitting your company and listing information to be promoted through the Web Sites, MAREP is acting as a passive conduit for the transmission to third parties of any information related to such information that you submit to the Web Sites. In order for MAREP to distribute your information and facilitate contacts between you and third parties, you hereby grant MAREP permission to disclose any and all of the information that you provide through the Web Sites to any such third party that MAREP, in their sole discretion, deem relevant and appropriate, except that it is understood and agreed that, except as authorized by you or required by law, personal member information, listing expiration dates, terminated listing information and sales data shall not be disclosed publicly.
Any information that you provide through the Web Sites must be true, complete, and accurate, must not represent you as someone else or falsely identify you, must truly and accurately represent the properties you list and must not violate any law, statute, ordinance or regulation. You are solely responsible for such information and for all of the terms and conditions of transactions between you, MAREP members, the property owners, landlords and/or their authorized agents and any and all third parties, including, without limitation, personal and financial information.
Non-Commercial Services
MAREP provides through the Web Sites a number of venues in which interactive services, such as on-line calculators, planning tools, and checklists ("Interactive Services") are offered to MAREP members and the public. Such services are offered for the sole purpose of disseminating information for the benefit of MAREP Members and the public. MAREP cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such services. You are responsible for confirming the sufficiency and reliability of any such service.
THE INFORMATION CONTAINED IN AND PROVIDED THROUGH THE INTERACTIVE SERVICES IS NOT INTENDED OR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. MAREP MAKES NO EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR GUARANTEE IN CONNECTION WITH THE INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES, INCLUDING THE APPROPRIATENESS, ACCURACY, CORRECTNESS, VERACTIY, VALUE, SUFFICIENCY, TIMELINESS, OR COMPLETENESS OF THE DATA, METHODS AND OTHER INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES. MAREP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH REGARD TO SUCH SERVICES. MAREP SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY ANY ERROR OR OMISSION, OR ARISING OUT OF, OR IN CONNECTION WITH, THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. IN NO EVENT WILL MAREP BE LIABLE TO ANY USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY ANY USER OF SUCH SERVICES OR ANY THIRD PARTY IN RELIANCE UPON THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. A USER'S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SUCH A SERVICE IS TO STOP USING THE SERVICE.
Third-Party Services
A number of commercial services, such as appraisal, home inspection, financial and contractor services are offered by third parties through the Web Sites. You acknowledge that by permitting such services to be offered through the Web Sites, MAREP is acting as a passive conduit for the transmission to such third parties of any information related to such services that you submit to the Web Sites. In order for MAREP to distribute your information and facilitate contacts between you and such third parties, you hereby grant MAREP permission to disclose any and all of the information that you provide through the Web Sites to any such third party that MAREP, in their sole discretion, deem relevant and appropriate. You must not submit a request for a third party service through the Web Sites unless you intend, in good faith, to contract with such third party for the use of such service.
MAREP is not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release MAREP (and their affiliates, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
3. MEMBERSHIP PRIVILEGES AND AGREEMENT
Access to Web Site Password Protected Areas.
Membership privileges are granted by MAREP to the principal broker exclusively and are granted specifically to the subscribing principal broker member only. Only the principal broker member and real estate salespersons and brokers duly licensed under the principal broker member are authorized to access the Password Protected areas of the Web Sites as authorized by the principal broker member. No employee, independent contractor, agent or affiliate of a competing real estate broker or company, association or information service is permitted to access any of the Password Protected areas of the Web Sites without the express written permission of MAREP.
MAREP requires that each member maintain a valid email address, username and a password that shall be used for logging onto the Web Sites. Members are not permitted to share their individual login information with others except as specifically authorized by MAREP in this License.
MAREP utilizes email as a vital and primary communication channel with members. As a registered member, you hereby acknowledge and grant MAREP the permission to communicate with you via email (as well as other communication channels such as by phone and fax) for any purposes MAREP determines to be relevant, including but not limited to system messages, product updates, service announcements and other marketing messages. MAREP will use bet efforts to honor member request to opt out of marketing messages, but under no circumstances will MAREP have any liability for sending any email to its registered members.
MAREP reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Transferability.
Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed or otherwise transferred to anyone without the express written permission of MAREP.
Basic Membership.
This membership entitles Member to access and use MAREP real estate forms online through MAREP’s Web site(s) and to use them in accordance with the policy and terms posted on the Web site. Upon request and receipt of an additional $25 to cover the cost of printing, shipping and handling, a paper copy of all forms will be provided, with updated forms mailed within thirty days of the date they are available. Copies of updated forms will be posted online as the updates occur. All affiliated licensees of Broker Member are entitled to access and use the forms so long as the membership is current. Broker Member understands that renewals shall be in the same amount as the initial membership unless notified otherwise in writing at least thirty (30) days prior to expiration of the membership.
The term “Broker” below means an individual licensed real estate broker who has no other licensees affiliated with him/her. The term also includes a husband and wife time, both of whom are real estate licensees and who have no other licensees affiliated with them. The term “Brokerage” means an individual real estate broker, a sole proprietorship, corporation, partnership or association that has other licensees affiliated with him/her/it.
Membership Type
Annual Dues
Semi-Annual Dues
Quarterly Dues
Monthly Dues
90-Day Trial Membership
Broker
Brokerage
Affiliate Members (non-licensees)
$150.00
$250.00
$50.00
$85.00
$137.50
$45.00
$75.00
$17.50
$27.50
$65.00
$65.00
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90-day Trial Membership: The initial rate for this membership is the same for both types of memberships. You can join at any time prior to the end of the initial 90-day period and trial membership dues will be applied toward your first year of membership, less a $10 administrative fee. A Broker member would owe $95 for a full year membership after a 90-Day Trial Membership and a Brokerage member would owe $195. Semi-Annual, Quarterly and Monthly memberships are not available after a 90-Day Trial Membership until after the first year of membership, at which time the member may request to be changed to one of the other billing methods.
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Dues shall be paid in advance in accordance with the above schedule, the first payment being made herewith and all renewals shall be due on the first day of each month, third month, six month or twelfth month thereafter, according to the above schedule. Renewal dues not received within 15 days from the date due will be assessed a late payment penalty of $15. With the exception of memberships paid monthly, the license to use real estate forms provided by MAREP will cease thirty (30) days from the renewal date (ten (10) days from the renewal date for monthly memberships), unless the renewal amount has been received by MAREP.
4. LICENSE
The Web sites (which includes the Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. YOU MAY use the Web sites and any updates provided by MAREP (in its sole discretion) in object code form on a business or personal computer owned or controlled by you and are only permitted to access and use the Web sites and services provided on them only as authorized in this License.
You promise that you will not use the Web Sites, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Use or for any purposes other than those that are authorized for your membership. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Web Sites. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of members, users or other information. You agree that you will not use the Web Sites in any manner that could damage, disable, overburden, or impair the Web Sites or interfere with any other party's use and enjoyment of the Web Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Sites.
If and when requested by MAREP you agree to provide true, accurate and complete member information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of MAREP, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Web Sites except as authorized by your membership. Unauthorized individuals attempting to access prohibited areas of the Web Sites may be subject to prosecution.
Except with the written permission of MAREP, you agree that you will not create links from any web site or web page to any page within the Web Sites with the exception of the Web Sites homepages, including, but not limited to pages currently located at http://www.marep.net. The origin of any such link to the Web Sites homepages must be accompanied by a clear and prominent attribution indicating that the link is connected to the Web Sites homepages. For example, prominently positioning the "MAREP" name and mark such that there is clear association between the name and mark and the destination of the link is acceptable. However, you agree that you will not juxtapose the " MAREP" name and mark and the link with your name or any other material(s) in a manner which might give rise to any erroneous conclusion that there is any affiliation or association between MAREP, on the one hand, and you or any other person or entity, on the other hand. You agree that if MAREP, in its sole and unfettered discretion, requests in writing that you remove any link or links to the Web Sites, you will promptly do so. You agree that if you create any link to the Web Sites that you will not employ any technology that results in the placement of content from the Web Sites in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the Web Sites from how they would appear if a user typed in their URL to a typical browser line.
5. INDEMNIFICATION
By using the Web sites, you agree that MAREP, their officers, directors, shareholders, employees, affiliates, authorized agents, subsidiaries, suppliers, successors and assigns have no responsibility for assessing or resolving any disputes arising from your ability to understand or accurately interpret any listing information, photographs or videos contained on the Web sites, or otherwise use the Service.
YOU AGREE TO INDEMNIFY AND HOLD MAREP, AND THEIR, SUPPLIERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY YOU OR ANY THIRD PARTY DUE TO OR ARISING OUT OF ANY INFORMATION, INCLUDED BUT NOT LIMITED TO MAREP SOLICITED INFORMATION, AFFILIATE SOLICITED INFORMATION, AND YOUR PUBLICLY POSTED INFORMATION, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE WEB SITES AND/OR MAREP AND/OR THEIR AFFILIATES.
IN NO EVENT SHALL MAREP AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITES, WITH THE DELAY OR INABILITY TO USE THE WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MAREP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITES.
You agree to indemnify, defend and hold harmless MAREP, its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement.
6. RESTRICTIONS ON USE
YOU MAY NOT and will not allow any third party to:
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copy, decompile, reverse engineer, reverse assemble, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the Web sites, or any portion thereof, or otherwise attempt to discover any source code or protocols (including but no limited to API protocols) in the Web sites;
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obtain or attempt to obtain unauthorized access to the Web sites or the MAREP network;
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incorporate the protocols or software, or any portion thereof, into any other service, software, hardware, or other technology manufactured or distributed by or for you;
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use the Web sites in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this License;
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use the Web sites to operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake. You understand that the Web sites are not designed for such purposes and that their failure in such cases could lead to death, personal injury, or severe property or environmental damage for which MAREP is not responsible;
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sell, lease, loan, distribute, transfer, or sublicense the Web sites or access thereto or derive income from the use or provision of the Web sites, whether for direct commercial or monetary gain or otherwise, without MAREP's prior, express, written permission.
MAREP, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND ASSIGNS AND MAREP LICENSORS DO NOT REPRESENT THAT THE WEB SITES OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.
7. SOFTWARE AND WEB SITE SERVICES PROVIDED AS-IS
Unless explicitly stated otherwise, any new features that augment or enhance the current Web sites shall be subject to this License. You understand and agree that the Web sites and related services are provided "AS-IS" and that MAREP assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to restore any user communications or personalization settings. You also understand that MAREP is not responsible for the security or privacy of communications sent via the Web sites, including but not limited to where the Web sites are being accessed via wireless devices. These disclaimers are in addition to any other disclaimers contained herein.
8. SECURITY
You agree to immediately notify MAREP of any unauthorized use of the Web Sites or any other breach of security. MAREP cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. If authorized by MAREP, the Web sites may allow you to communicate with MAREP members. In that event, you acknowledge and agree that your use of the Web sites is subject to this License and the terms governing the use of the e-mail features and chat room products you have agreed to, if any, which are consistent with this License. MAREP assumes no responsibility for the conduct or content of communications and messages sent by you or MAREP members in any chat room or through e-mail.
9. MAREP PRIVACY POLICY
Any information provided by you is subject to our Privacy Policy. For more information, please see our full privacy policy at http://marep.net/members_folder/misc_files.privacypolicy.pdf.
10 SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all applicable rules regarding use of the Web sites. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and acknowledge and agree that the Web sites may not be used, acquired, shipped, transported, exported, or reexported (1) into (or to a national or resident of) any U.S. embargoed country or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. You will not use, export, re-export, or download the Web sites, or any part thereof, or any process or service that is the direct product of the Web sites to any country, person, or entity subject to U.S. export restrictions. By using the Web sites, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
11. TERMINATION
Your license to the use and access of the Web sites continues until it is otherwise terminated by either party. You may terminate this License by discontinuing use of all or any of the Web sites.
You further agree that MAREP may, under certain circumstances and with or without prior notice, immediately terminate your access to the Web sites. Cause for such termination shall include, but not be limited to (a) breaches or violations of this License or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Web sites (or any part thereof); and (e) unexpected technical or security issues or problems. Termination includes (a) removal of access to all offerings within or integrated with the Web sites, including but not limited to the ability to view listings and access to Member information; (b) deletion of any information, files, and content provided by you (or any part thereof); and (c) barring further use of the Web Sites. Further, you agree that all terminations for cause shall be made in MAREP's sole discretion and that MAREP shall not be liable to you or any third-party for any termination of your access to the Web sites.
12. GENERAL TERMS
Governing Law. This Agreement is governed by and intended to be performed in accordance with the laws of the Missouri, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Missouri in all disputes arising out of or relating to the use of the Web Sites. Use of the Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MAREP as a result of this Agreement or use of the Web Sites. MAREP's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of MAREP's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Sites or information provided to or gathered by MAREP with respect to such use.
Entire Agreement. This License constitutes the entire agreement between you and MAREP regarding the use of MAREP’s Web site(s) and governs your use of the Web sites, superseding all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MAREP with respect to the Web Sites. With respect to your use of other authorized MAREP services, affiliate services, affiliate devices or equipment, third-party content, or third-party software, you also may be subject to additional terms and conditions. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MAREP, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.
Severability and Waiver of Terms. If any part of this Agreement is determined to be invalid, void or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall affected, impaired or invalidated. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and MAREP with respect to the Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MAREP with respect to the Web Sites.
The failure of MAREP to exercise or enforce any right or provision of this License shall not constitute a waiver of such right or provision.
Copyright Infringement. All materials on the Web Sites (as well as the organization and layout of the Web Sites) are owned and copyrighted or licensed by MAREP , its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the Web Sites is permitted without the written permission of MAREP. Any rights not expressly granted herein are reserved.
Trademarks referenced on the Web Sites, are the registered trademarks of the MAREP.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web sites, or this License, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Captions. The captions and section titles in this License are for convenience of reference only and have no legal or contractual effect.
