WEBSITE TERMS OF USE 

Scope and Applicability 

Welcome to CommandLink, LLC’s (“CommandLink,” “we” or “us”) website. These Website Terms of Use and all terms incorporated by reference, along with all applicable laws and regulations (“Terms”) govern your access to and use of CommandLink’s website and any linked material, software or site (“Site”). By accessing or using our Site, all persons or entities (“you”) agree to these Terms, and you agree that you are lawfully able to enter into these Terms and have the legal authority to bind any entity you represent. The terms “you” or “your” include any of your subsidiaries, affiliates, employees and parent or legal guardian. You agree that you are at least 18 years of age or possess legal parental or guardian consent, and are fully able and competent, to enter into these Terms; otherwise, please exit the Site.  

PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR USE THIS SITE. We may change or discontinue this Site (or any portion thereof) and the Terms at any time effective immediately upon posting without prior notice or obligation to you. Your continued use of this Site after such changes will constitute your acceptance of the changes. If any provision of these Terms is deemed to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. 

Neither these Terms, nor any Site content, alter in any way the terms or conditions of any other written or online terms and conditions or agreements you may have or will have with CommandLink. To the extent that there is any conflict between these Terms or any Site content and any terms and conditions or agreements relating to services you have purchased or will purchase, those other terms and conditions or agreements will govern. 

CommandLink provides this Site for use only by persons located within the United States. We make no representation that all products, services, software and/or material described on the Site are appropriate or available for use in locations outside the United States or all territories within the United States and prohibit access from territories where the content is illegal. Those who choose to access our Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export any content and materials in violation of United States export laws and regulations.  

Privacy Notice  

You confirm that you have read our Privacy Policy set forth on this Site, which is incorporated herein by reference. You understand that through your use of our Site, you consent to the collection and use of your information as set forth in the Privacy Policy. By providing us with your personal or proprietary information through this Site, you consent to the transmission of that information to or by CommandLink, and its third-party service providers, across state and international borders as necessary in accordance with CommandLink’s standard business practices, subject to our Privacy Policy. 

Content 

CommandLink does not warrant that information, graphic depictions, product and service descriptions or other content on the Site is accurate, complete, reliable, updated, current, or error-free. The Site may include technical inaccuracies or typographical errors. Despite our efforts, it is possible that any price for a product or service offered on the Site may be inaccurate or the product or service description may contain an inaccuracy. In the event we determine that a product or service contains an inaccurate price or description, we reserve the right to take any action we deem reasonable and necessary, in our sole discretion, to rectify the error, including without limitation canceling a product or service, unless prohibited by law. We may make improvements or changes to any content, information, products, services, or programs described on the Site at any time effective immediately without notice. You agree to notify CommandLink immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order in connection with content set forth on the Site. Decisions based on this Site including its content are your responsibility. CommandLink assumes no liability for the use, content or interpretation of the Site. 

No License Granted 

This Site is for your personal reference and non-commercial use subject to the Terms. You may not copy, modify, distribute, transmit, display, publish, sell, resell, license, create derivative works of, link to, or use any information on this Site without written permission from CommandLink. Nothing contained in these Terms confers any license or right to any material or content or any portion thereof or under any CommandLink or third-party copyright, patent, trademark, or other intellectual property right. You may not exploit this Site or any content for any commercial purposes without our written permission, including any collection and use of any product or service listings, descriptions, or price or any use of data mining, robots, or similar data gathering and extraction tools. You are liable for any damages resulting from infringement of any intellectual property or proprietary rights, or any other harm resulting from your unauthorized use of the Site. 

Intellectual Property 

The Site and all content displayed or used on the Site, including, without limitation, trademarks, logos, brands, services, products, software, images, illustrations, designs, buttons, icons, photographs, digital downloads and written and other materials that appear as part of the Site, are intellectual property owned, controlled, licensed or rightly used by CommandLink and are protected by applicable laws with all rights reserved. CommandLink retains all copyrights, patents, trademarks, service marks or other intellectual property rights in any names, logos, brands, services, products, software, images, illustrations, designs, buttons, icons, photographs, digital downloads, text and other works of authorship owned by CommandLink. You are prohibited from reproducing, reverse engineering, transmitting, disassembling, modifying or creating derivative works with respect to the Site or any content, in whole or part. Nothing on the Site is to be construed as granting, by implication, estoppel or otherwise, any license or right to the use of intellectual property displayed on the Site without the prior written permission of CommandLink, and/or if applicable, its licensor or respective owner. Any rights not expressly granted herein are reserved by CommandLink and/or its third party providers. 

To the extent any portion of the Site may require you to download software owned by CommandLink, or a supplier, vendor or licensor of CommandLink (“Software”), in order to access the services provided through that portion of the Site and/or the content, such content and Software are protected by a variety of laws governing the use of copyrights, trademarks, patents, or trade secrets. Without limiting the generality of the foregoing, no Software or underlying information or technology may be downloaded or otherwise exported or re-exported into any other country for which the United States maintains an embargo on such exports, or to a person or entity identified on lists of the U.S. Treasury Department (e.g., Specially Designated Nationals, Denied Persons or Entities) or the U.S. Commerce Department (e.g., Entity List, Table of Deny Orders). By downloading or using the Software or underlying information or technology, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 

Links to Other Websites and Resources 

The Site may provide links to third-party websites or resources. We provide third-party links for your convenience only. The inclusion of any links to other websites does not imply affiliation, endorsement, sponsorship, recommendation or adoption by CommandLink of those websites or the content therein. We are not responsible for the content, links or privacy of any linked website and disclaim all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any such third-party website. Any access, use or reliance on any other websites linked to the Site is entirely at your own risk. When leaving our Site, you should carefully review the applicable terms and policies, including privacy and data gathering practices, of that third-party website. 

DMCA Copyright Notices 

CommandLink respects the rights of all copyright holders. If you believe your copyright has been infringed, please notify [email protected]. To be effective and accepted by CommandLink, your notice must include the following, per the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 512(c)(3): (a) Signature of the owner of the exclusive right that is allegedly infringed; (b) Information on the work claimed to have been infringed, or, if multiple works are covered by a single notice, a list of such works; (c) Description of the infringing material and information reasonably sufficient to locate the material; (d) Your contact information, including name, address, telephone number, and if available, email; (e) Your statement that you have a good faith belief that use of the material in the manner reported is not authorized by the copyright owner, its agent or the law; and (f) Your statement under penalty of perjury that the information in the notice is accurate and, if you are not the owner, that you are authorized to act on behalf of the owner. 

Acceptable Use Policy  

You agree to use our Site, as well as any content or Software (in each case whether provided by us or others), in accordance with these Terms and in a manner consistent with all applicable federal, state, local or international laws and regulations. Certain areas of the Site may be restricted to partners, distributors, customers, prospects or other third parties, and you agree that you will not attempt to gain unauthorized access to any part of the Site. This acceptable use policy prohibits abusive, illegal, or excessive usage that could disrupt or degrade network performance.  

Additionally, you will not take any of the following actions with respect to our Site, related Software, or content, nor will you use our Site or related Software to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content or use our Site in any manner that: 

(a) Creates, submits, posts, or displays any content that (i) violates or infringes any copyright, trademark, right of privacy or publicity, or other proprietary right of any person or entity, (ii) is libelous, obscene, threatening, abusive, or unlawful, (iii) disguises the origin of information transmitted through the Site, or (iv) includes any commercial messages or solicitations not approved by CommandLink;  

(b) Uses or accesses any service, information, application or Software in a manner not expressly permitted by CommandLink; 

(c) Uses or accesses the Site in any way that, in our judgment, adversely affects the performance or function of, or interferes with the ability of others to use or access, the Site; 

(d) Uses this Site for any illegal, fraudulent, unauthorized, or improper activity;  

(e) Frames or utilizes framing techniques to enclose any portion or aspect of the Site without our express written consent;  

(f) Uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site, products and/or services;  

(g) Contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are malicious, technologically harmful, or designed to disrupt, damage, overburden, impair or limit the functioning of any Software, hardware, network, server or communications systems or equipment; or 

(h) Attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the Software or any content or the Sites. 

We reserve the right to monitor usage and take necessary or desired action, including suspension or termination, if this policy is violated. Violating the security of our Site is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, or forging any TCP-IP packet header, e-mail header, or any part of a message headers. 

Submissions 

By submitting your content on or through this Site, you grant to CommandLink a perpetual, irrevocable, worldwide, royalty-free, non-exclusive and sublicensable license to use, reproduce, adapt, modify, create derivative works from, translate, publish, publicly display, and distribute your content. We shall also have the right, but not the obligation, to use your name in connection with our use of any such content. You further agree that we have no obligation to respond to your content and your content is not provided to us in confidence and is created, submitted, posted or displayed without expectation of compensation or attribution. Without limiting any of CommandLink’s rights in such content, you agree that we are free to use your content for any purpose including commercializing, designing, developing, manufacturing, and marketing products or services incorporating such content. Use of such content shall not require permission from or payment to you or to any other person or entity. 

You agree that we are not under any obligation of confidentiality, express or implied, with respect to your content. You further agree that you shall have no recourse against CommandLink for any alleged or actual infringement or misappropriation of any proprietary right in submitted content and that the submission of any content to us including the submission or posting of content to any request, forum or interactive area on the Site, irrevocably waives all moral rights in such materials. You represent and warrant that you own or otherwise control all rights to the content that you submit, that the content is accurate and that use of the content you submit does not violate these Terms and will not cause injury to any person or entity. 

If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, not current, incomplete, illegal or otherwise in violation of these Terms, we may without notice suspend or terminate your access to our Site and refuse any and all current or future use of our Site (or any portion thereof). Any information you submit to us is at your own risk of loss. You represent and warrant that you will not place illegal, false or misleading information on the Site or impersonate another person.  

If any portion of our Site requires you to register or open an account, you may also be asked to choose a password and a username. If you use our Site in this manner, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel any submissions or orders in our sole discretion. We are not responsible for any loss of your account or information, data or material associated therewith, and any account you create is at your own risk of loss.  

The security of your personally identifying information is important to us. While there is no such thing as perfect security on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that we make no warranty, guarantee, or representation that use of our Site, content or Software is protected from errors, viruses, security threats or other vulnerabilities. You agree not to submit personally identifiable information of any other person or your own personally identifiable information with the expectation of perfect security. You agree that you will indemnify and release CommandLink for all claims resulting from any content that you supply or submit. 

Disclaimer of Warranties 

The Site and all content, information, services, products, links and Software of the Site are provided solely as a convenience to visitors of the Site on an "as is" basis without warranties of any kind, express, implied or statutory. You acknowledge, by use of the Site, that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Site, and that CommandLink will not be liable for any damages, costs, losses or liabilities of any kind related to your use of the Site, content or Software including your submission of content of any nature or kind. Some jurisdictions do not allow disclaimer of certain warranties, so all or a portion of the disclaimer of warranties set forth herein may not apply to you. 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE: 

YOUR USE OF OUR SITE, INCLUDING ANY CONTENT OR INFORMATION AVAILABLE ON OR THROUGH THE SITE, INCLUDING TEXT, IMAGES AND LINKS, ANY SITE-RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. OUR SITE, INCLUDING ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITHIN THE SITE AND ANY SITE-RELATED SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMMANDLINK AND ITS SUPPLIERS, LICENSORS, SERVICE PROVIDERS, AGENTS, PARTNERS, DISTRIBUTORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION, CONTENT OR MATERIALS, ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR NON-INFRINGEMENT.  

WITHOUT LIMITING THE FOREGOING, COMMANDLINK AND ITS SUPPLIERS, LICENSORS, SERVICE PROVIDERS, AGENTS, PARTNERS, DISTRIBUTORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE NO WARRANTY AND EXPRESSLY DISCLAIM THAT (A) OUR SITE WILL MEET YOUR REQUIREMENTS, (B) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, HARMFUL ELEMENTS, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (C) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE, (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE, COMPLETE OR RELIABLE, (E) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, CONTENT OR OTHER MATERIAL AVAILABLE ON OR THROUGH YOUR USE OF OUR SITE WILL MEET YOUR EXPECTATIONS, PURPOSES OR NEEDS, AND (F) ANY ERRORS IN OUR SITE, CONTENT OR SOFTWARE WILL BE CORRECTED. 

ANY MATERIAL SUMBITTED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE AND LIABILITY OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, TO PERSON, PROPERTY INCLUDING YOUR COMPUTER SYSTEM, BUSINESS, OR LOSS OF DATA THAT RESULTS FROM YOUR SUBMISSION, DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR SITE, ANY CONTENT OR SOFTWARE. 

NO ADVICE, CONTENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMMANDLINK OR THROUGH OR FROM OUR SITE SHALL CREATE ANY WARRANTY. ADVICE, CONTENT OR INFORMATION RECEIVED BY MEANS OF OUR SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS OR ANY HIGH-RISK ACTIVITIES AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION. 

Limited Liability  

YOU AGREE THAT YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY CONTENT, SOFTWARE OR SERVICES. YOU FURTHER AGREE THAT THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES. 

IN NO EVENT SHALL COMMANDLINK, ITS SUPPLIERS, LICENSORS, SERVICE PROVIDERS, AGENTS, PARTNERS, DISTRIBUTORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, LOSSES, COSTS OR LIABILITIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED TO, ON OR THROUGH THE SITE, OR (b) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES, (c) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES REVIEWED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (e) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (f) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (g) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF YOU OR YOUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE OR ANY CONTENT, SOFTWARE OR SERVICES. 

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMMANDLINK UNDER SUCH CIRCUMSTANCES FOR LIABILITIES, COSTS, DAMAGES AND DAMAGES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). 

Indemnity 

To the fullest extent permitted under applicable law, you agree to indemnify, defend and hold CommandLink its officers, directors, owners, predecessors, successors in interest, employees, agents, subsidiaries and affiliates and its partners, distributors, suppliers, licensors or service providers harmless from and against all claims, damages, losses, liability, cost, and expenses (including attorneys’ fees)  arising or resulting from or related to your violation of these Terms or violation of law or the rights of any person, your use or misuse of the Site including any intellectual property or proprietary materials, the use, submission or transmission of any content, or use of any service, product, Software, information or materials reviewed or provided through the Site. Your obligations of indemnity will survive your termination of access to or use of the Site and/or your relationship with CommandLink. CommandLink reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. 

Enforcement 

We reserve the right but do not assume the obligation to strictly enforce these Terms, including without limitation by issuing warnings, suspension, or termination of access to the Site and/or any services, and/or by removing, screening or editing of content, or by engaging in active monitoring, investigation, litigation, prosecution in any court or other appropriate venue or other remedial action or other remedy available at law or equity.   

Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any of these Term. CommandLink may assign its rights and duties under these Terms at any time without notice to you. Your rights and duties under these Terms are not assignable by you without the written consent of CommandLink. These Terms do not provide any third party with a remedy, claim or right of reimbursement.  

CommandLink may access, use, and disclose any content provided by you to comply with the law (e.g., a lawful subpoena) or based on our reasonable judgment that disclosure is necessary, or to enforce or apply our agreements (including these Terms), to protect our rights or property, or to protect users of our services, the Site and other persons or entities from fraudulent, abusive, or unlawful use of the Site or any such services. CommandLink may comply with all law enforcement efforts without limitation or restriction. INDIRECT, ATTEMPTED OR ACTUAL VIOLATIONS OF THESE TERMS OR ANY RELATED POLICY BY YOU OR ANY THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY YOU. 

You agree that we may immediately terminate or suspend your account (if any), any associated email address, and access to all or any part of the Site, content or Software, or change any password without notice at any time for any reason and without notice to you in our sole discretion. You agree that all terminations and suspensions shall be made in our sole discretion and that CommandLink shall not be liable to you or any third party for any termination or suspension of any account, loss of storage, any associated email address, or access to the Site.  

Applicable Laws; Waivers 

These Terms, including all content, use and operation of the Site, shall be governed and construed in accordance with the laws of the State of Washington and the federal laws of the United States, without regard to principles of conflicts of law. The United Nations Convention of Contracts for the International Sale of Goods and the model Uniform Computer Information Transactions Act as enacted and/or modified into any state law in the United States, are expressly excluded and do not apply.  

You consent and agree that any legal action or proceeding directly or indirectly arising out of, relating to or concerning the Site, any content and/or these Terms or the parties’ rights and obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Washington. Notwithstanding the foregoing, you agree that CommandLink will be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. By using the Site, you consent to service of process in accordance with the rules of such courts, irrevocably submit to the jurisdiction of such courts, and waive any objection that you may have to either the jurisdiction or venue of such courts. In any action against CommandLink arising from the use of the Site, the prevailing party will be entitled to recover all legal fees and expenses incurred in connection with the action, including but not limited to reasonable attorney's fees and costs. 

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 SITE AND/OR ANY CONTENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. THE PARTIES HEREBY IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY.  FURTHER, THE PARTIES WAIVE ANY RIGHT TO BRING A CLASS, COLLECTIVE OR REPRESENTATIVE CLAIM WITH RESPECT TO THESE TERMS, INCLUDING ALL CONTENT USE AND OPERATION OF THE SITE.  

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