Terms & Conditions of Services
Lawyer Lead Page | New Night Out Marketing LLC.
MONTHLY DIRECTORY LISTING FEE
WHEN YOU SIGN UP FOR LEAD PAGE SERVICES, YOUR MONTHLY DIRECTORY LISTING FEE WILL BE SET UP TO BE AUTOMATICALLY CHARGED TO A CREDIT CARD, SIMILAR TO AN ONLINE SUBSCRIPTION. IF YOU SIGNUP WHEN THERE IS A DISCOUNT PROMOTION OFFERED, YOUR INITIAL FIRST MONTH OF SERVICES WILL BE CHARGED AT THE DISCOUNTED BILLING RATE, WITH REGULAR MONTHLY BILLING RATES BEING APPLIED THERE AFTER. YOU CAN AT ANYTIME FOR ANY REASON CANCEL YOUR SERVICES BY EASILY ACCESSING YOUR ONLINE MANAGEMENT ACCOUNT, OR BY EMAILING email@example.com TO REQUEST SERVICE CANCELLATION. YOU MUST CANCEL BEFORE THE NEXT SCHEDULED BILLING CYCLE, TO NOT BE CHARGED FOR THE UPCOMING MONTH OF MARKETING SERVICES. IF YOUR MONTHLY MARKETING FEE PAYMENT CAN NOT BE CHARGED TO THE CREDIT CARD ON FILE, YOU WILL HAVE 10 DAYS TO RESUPPLY A NEW CREDIT CARD FOR CONTINUED PAYMENT. IF PAYMENT IS NOT RECEIVED WITHIN 10 DAYS, WE RESERVE THE RIGHT TO SUSPEND OR PERMANENTLY CANCEL YOUR ACCOUNT.
EACH MONTH WE WILL TOTAL THE NUMBER OF CALLS YOUR PRACTICE RECEIVED THROUGHOUT THE MONTH. YOU WILL RECEIVE A MONTHLY STATEMENT THAT INCLUDES A DETAILED BREAKDOWN OF THE CALLS YOU RECEIVED AND THE DURATION OF EACH CALL. ALL CALLS THAT ARE (1) MINUTE OR LONGER WILL BE ASSESSED A ONE TIME FEE OF $25 PER CALL. THE INVOICE AND CALL LOG WILL BE EMAILED TO YOU, OR YOUR ACCOUNTS PAYABLE DEPARTMENT. THE INVOICE WILL BE CONSIDERED DUE UPON RECEIPT, AND WILL BE PAYABLE VIA CREDIT CARD THROUGH OUR ONLINE BILL PAY SYSTEM. WITHIN YOUR MONTHLY INVOICE EMAIL YOU WILL BE PROVIDED WITH A LINK TO OUR SECURE ONLINE BILL PAY SYSTEM WHERE INVOICE PAYMENTS CAN BE PROCESSED. IF YOUR MONTHLY PAY-PER-CALL INVOICE IS NOT PAID WITHIN 10 DAYS OF RECEIPT WE RESERVE THE RIGHT TO SUSPEND OR PERMANENTLY CANCEL YOUR ACCOUNT.
TERMS AND CONDITIONS | UPDATED LAST: 3/01/2016
By registering/signing up for Lawyer Lead Pages service (“Service”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new characteristics or instruments which are added to the current Service shall be also dependent to the Terms of Service. You can revisit the current version of the Terms of Service anytime. Lawyer Lead Pages reserves the right to update and change the Terms of Service by posting updates and changes to the Lawyer Lead Pages website. You are advised to check the Terms of Service regularly for any updates or modifications that may affect you.
You understand that there is no warranty or guarantee of any kind with regard to the New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries marketing solutions as far as reliability, stability, quality or dependability. This means that the New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries, or its associates are not responsible for any loss or damage incurred directly or indirectly due to the use of the New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries website, products, services, or any other aspect of the solutions. This shall include, but is not limited to, any system malfunction, period of being inoperative or unavailable, loss of data or discontinuation of service, ALL OTHER inconveniences. New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries PROVIDES THE MAKETING SOLUTIONS, AND ALL WEBSITES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND AND WITHOUT ANY GUARANTEE OF UNINTERRUPTED OR NONSTOP VIEWING OR ACCESS. New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries HEREBY RELINQUISH ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE MAY MODIFY OR DISCONTINUE, IN WHOLE OR IN PART, ANY PART OF THE SOLUTIONS AT ANY TIME, WITH OR WITHOUT NOTICE.
The New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries WILL NEVER BE liable for indirect or accidental damages (including but not limited to loss of revenue) due to system failures, losses of database files or backups thereof, attacks on computing resources, computer viruses, the continued viability of their products, any results of “intents of harm” to the program, or acts of God or Nature. The New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries makes no claim that the operation of the websites or New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries SOLUTIONS will be without error nor will the New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries be held liable for any interruptions or malfunctions.
IN ADDITION, IN NO EVENT SHALL New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries BE LIABLE FOR ANY SPECIFIC, INDIRECT, SECONDARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE OR STRICT LIABILITY), OR FOR INTERRUPTED COMMUNICATIONS, LOSS OF USE, LOST BUSINESS, LOST DATA OR LOST PROFITS (EVEN IF New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries WAS ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING), ARISING OUT OF OR IN RELATION WITH THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries BE LIABLE TO LEAD PROVIDER FOR AN AMOUNT OF DAMAGES GREATER THAN THE SUM OF ALL FEES PROPERLY OWING BUT UNPAID.
IF THE PRECEDING RESTRICTIONS OR THE LIMITATIONS WITHIN THE TERMS OF SERVICE ARE HELD TO BE UNENFORCEABLE, THE New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries LIBILITY FOR DAMAGES UNDER THIS AGREEMENT TO ANY PERSON OR ENTITY SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THAT PERSON OR ENTITY FOR THE PRODUCT, SERVICE, AND/OR SOFTWARE (LICENSE).
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries as a result of this agreement or use of the website, products, and/or services. The New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries execution of this agreement is dependent to existing laws and legal process, and nothing contained in this agreement is in derogation of the New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries right to obey with governmental, court and law enforcement. If any condition is discovered to be invalid or unenforceable pursuant to relevant law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable condition will be viewed as superseded by a valid, enforceable condition that most closely matches the intent of the original condition and the portion of the agreement shall carry on in effect.
Both parties agree to submit any dispute to binding arbitration at the following location: for legal actions or proceedings between the New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries and you, in Saginaw County, Michigan, USA under the commercial rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. In no case shall you have the right to go to court or have a jury trial. You will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to act as a allegoric or member of any class of claimants relating to any claim dependent to arbitration; the arbitrator’s determination will be final and binding with restricted rights of appeal.
Any origin of action or claim you may have with regard to the website, the products, or the services must be commenced within ninety (90) days after the claim or cause of action arises or such claim or cause of action is barred. The New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiarie nonachievement to insist upon or enforce strict performance of any condition of this agreement shall not be interpreted as a waiver of any state or right. Neither the course of activity between the parties nor trade practice shall act to alter any condition of this agreement. The New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries may assign its rights and duties under this agreement to any party at any time without notice. Use of headers in this document is for convenience only and does not determine legal boundaries or terms stately.
New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries may change this agreement, and the agreement this makes, at any time, just by updating this notice and without notification to you. This is this is understood in respects to the ENTIRE statement regarding all the dealings that have been talk about.
The New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries may transfer any rights or obligation that it may have to any individual or entity whatsoever. Nothing herein shall modify or restrain the right of the New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries to transfer any such rights or obligations. Any transfer by the New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries shall cause this agreement, and any other agreement then in effect (as well as any other written agreement between you and the transferring party) to transfer at the same time, all without permission.
You acknowledge and agree that New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future potentials or earnings, or that you will gain any money or profits with regard to your acquisition of The Interactive Offer and any marketing solution offered, and that we have not authorized any such projection, promise, or representation by others. You agree and understand that New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries does not guarantee any results whatsoever. You agree to not hold New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries liable for any loss related to financial, physical or other loss of profits or investment associated with participating in or using any of it’s solutions.
You agree to accept the entire risk of gaining lower than expected projections or outcomes based on information provided. There is no pledge that any prior successes or past events as to profits or income will apply to your individual results. You agree we are not liable for your lack of results in any way. You agree to assume ALL risk related to any purchases or participation in any program.
The economy, both where you do business, on a national and global scale, create additive uncertainty and economic risk. An economic recession or depression might perversely affect the results produced by New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries Marketing Programs.
You agree to assume all risk, your success in using the content or strategies supplied by New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries depends on a mixture of elements. It is understood that we do not know your background, your work ethic, your dedication, your motivation, your desire, or your business skills or practices. Therefore, we do not guarantee or express that you will get rich, that you will do as well, or that you will have any business leads, earnings or profits.
You must acknowledge and express an understanding that you can experience significant losses (including, but not limited to, the loss of any monies paid to acquisition The New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries products and services, and/or any monies spent setting up, in operation, marketing New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries products and services, and further, that you may have no profit at all. We do not guarantee any results from your investment, purchases or participation.
MATERIALS ON THE WEBSITE ARE INTENDED TO EXPRESS OUR VIEW OF Marketing strategies and business models. possible. MANY ELEMENTS WILL BE ESSENTIAL IN DECIDING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL SUCCEED RESULTS SIMILAR TO ANYBODY ELSE, YOU AGREE AND UNDERSTAND THAT NO GUARANTEES ARE MADE THAT YOU WILL REACH ANY EFFECTS FROM OUR IDEAS AND METHODS IN OUR THEROYS AND PRACTICES.
You are advised to do your own due diligence when it comes to making business decisions and should use carefulness and seek the advice of well-qualified professionals. You should check with your accountant, lawyer, or professional advisor, before acting on this or any information. You may not regard any examples, documents, or other content on the website or otherwise provided by us to be the same AS legal advice. Nothing controlled on the website or in materials available for sale or download on the website provides legal advice in any way. You should inquire with your own attorney on any legal inquiries you may have.
We assume no obligation for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any content discovered by New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries in any form whatsoever.
Although we consider the price for New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries products and services is fair for the value that you receive, you understand and agree that the purchase price for products and services have been arbitrarily set by us. The price bears no relationship to objective standards.
These Terms of Service (the “Agreement”) set forth the terms and conditions that apply to your right and use of the internet website owned and directed by New Night Out LLC, DBA Lawyer Lead Pages and all Subsidiaries d/b/a Lawyer Lead Pages (“New Night Out LLC”) and located at www.lawyerleadpages.com and www.thebestlawyertohire.com including all subsidiary webpages and access to any optimized version of the Site via a wireless device, and access and use of the services available thereon, including, without limitation, the services that enable you to create, test and host promotion-specific tailored landing pages for online marketing purposes (the “Services”). This Agreement is legally binding between you, the person using this Site, and New Night Out LLC. Terms such as “we,” “our” and “us” refer to New Night Out LLC.
In order to access certain Services, it may be mandatory to provide information about yourself (such as API, identification or contact details) as part of the registration process for the Service or as part of your continuing use of the Services. You may also have to make passwords or other forms of authentication. You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your profile information. You agree and understand that you are responsible for maintaining the privacy of any such information or passwords. Consequently, you agree that you will be solely responsible to New Night Out LLC for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you accept to notify New Night Out LLC immediately.
Your right to access and use the Services is private to you and is not transferable by you to any other person or entity. You agree not to reveal your password to any third party. You are solely obligated to all actions that occur under your Account or under your Profile Information. If you become conscious of any unauthorized use of your Account or Profile Information, you are liable for advising New Night Out LLC immediately.
By supplying us with your e-mail address, you agree to receive all required notices electronically to that e-mail address. It is your responsibility to modify or change that e-mail address, if needed.
You will pay all fees specified in any agreement to Services or use of the Site (“Subscription”). We will charge you a set fee based on the product or service you choose. Such fees shall be billed in advance for each period and are non-refundable if billed annually.
At our judgment, we may offer free or price reduction for use of the Services (a “Trial Program”). Once the terms of any Trial Program have terminated, you accept that our normal billing rates shall apply.
The Site and the Services available thereon enable you to provide, upload or import content, including but not limited to text, images, video, data, webpages and other information or content (collectively, “Content”), to New Night Out LLC for the function of giving the Services. You acknowledge and agree that you are solely responsible for all Content you submit, provide, upload or import and the consequences for submitting, providing, uploading or importing it.
Note that if you do not renew your subscription, New Night Out LLC will stop providing hosting and any integration and backend services for your pages. This means that you will no longer be able to use your account to access the your lead pages created by our services.
New Night Out LLC will use Content you provide solely in relation with supplying the Services to you, and for no other reason. You agree that by uploading, importing or otherwise supplying any Content on or through the Site and/or the Services, you grant, and have all necessary rights and licenses to grant, to New Night Out LLC a perpetual, worldwide, non-exclusive, royalty-free license to use.
You stand for and surety that you own your Content or have the essential licenses, rights, consents and permissions to grant the license set forth herein and that its condition to New Night Out LLC or New Night Out LLC’s use there of will not go against the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.
New Night Out LLC holds the right to use or distribute any Aggregated Data generated by our clients, visitors and users. “Aggregated Data” means records which have been stripped of information potentially identifying customers, landing pages or end-users, and which have been manipulated or combined to provide generalized, anonymous information.
You understand and agree that New Night Out LLC grants to you, during the term of this Understanding, a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Services that are dependent to a valid Subscription. Any lead pages or marketing solutions, including but not limited to, AdWords keyword lists, and Google accounts are all property of Lawyer Lead Pages, New Night Out LLC. Our solutions are proprietary and can not be transferred. If you chose to cancel services with Lawyer Lead Pages, the lead pages and solutions we create, may be terminated from our system immediately, and may not be retrievable. When you cancel services, you understand that all solutions produced for your may be terminated, or permanently deleted from our systems. If return service is requested, solutions may need to be created from scratch and are subject to all service fees.
You acknowledge that any ideas, suggestions, concepts, processes or techniques which you give to New Night Out LLC related to the Services, the Site or New Night Out LLC or its business (“Feedback”) shall become New Night Out LLC’s property without any compensation or other consideration payable to you by New Night Out LLC, and you do so of your own free will and volition. New Night Out LLC owns any results, data information and other output created use of the Site and/or the Services during the term of this Agreement.
YOU AGREE AND UNDERSTAND THAT ALL SOLUTIONS INCLUDING ALL WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. New Night Out LLC EXPRESSLY RESIGNS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE, WHETHER EXPRESS OR IMPLIED.
New Night Out LLC DISCLAIMS ANY WARRANTY THAT THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR OBLIGATIONS OR BE CONTINUOUS, PUNCTUAL, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT, FROM TIME TO TIME, New Night Out LLC MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE SITE MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR OTHER ACTIONS THAT New Night Out LLC, IN ITS SOLE JUDGMENT, MAY CHOSEN TO TAKE. New Night Out LLC MAKES NO GUARANTEE REGARDING: (A) THE SECURITY OF ANY INFORMATION PROVIDED BY YOU INCLUDING BUT NOT LIMITED TO YOUR API; OR (B) THE COMPATIBILITY OF YOUR SOFTWARE, HARDWARE OR CONTENT WITH THE SITE.
New Night Out LLC IS NOT LIABLE FOR THE ACTS OR MISTAKES OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY New Night Out LLC, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY New Night Out LLC.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CONTENT IS COMPATIBLE WITH THE SITE. New Night Out LLC DISCLAIMS ANY LIABILITY OR OBLIGATION FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SITE AND IS NOT OBLIGATED FOR PROTECTING YOUR CONTENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO PROPOSAL OR INFORMATION, WHETHER ORAL OR WRITTEN, ACQUIRED BY YOU FROM New Night Out LLC OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS statement.
THE SITE IS OFFERED AND CONTROLLED BY New Night Out LLC FROM ITS FACILITIES IN THE UNITED STATES. New Night Out LLC MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE LIABLE FOR COMPLIANCE WITH LOCAL LAW.
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, SHALL New Night Out LLC OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
New Night Out LLC reserves the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, with or without notification at any time and for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. New Night Out LLC shall have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any such modification, suspension or discontinuance.
You agree to indemnify, defend, and hold harmless New Night Out LLC, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to this Agreement or the Site, including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to the Site, the Services and any Content, including without limitation your Content and any third party Content, forming part of the Site; (b) your breach or alleged breach of this Agreement; and (c) your violation of any rights, including intellectual property rights, of a third party. New Night Out LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify New Night Out LLC and you agree to cooperate with New Night Out LLC’s defense of these claims. You agree not to settle any matter without the prior written consent of New Night Out LLC. New Night Out LLC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
New Night Out LLC reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole judgment for any reason, regarding, but not limited to, a failure to comply with the terms of this Statement. In addition, New Night Out LLC may, in its sole discretion, at any time, temporarily or permanently suspend access to your account, Subscription or Services for any violation or suspected violation of this Agreement AT ANY TIME FOR ANY REASON WITH OUT NOTIFICATION. New Night Out LLC also reserves the right to deny access to anyone, including, but not limited to those users who use proxy servers and/or IP addresses residing in certain geographical areas outside of Canada and the United States. New Night Out LLC reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice.
If there is any dispute between you and New Night Out LLC about or involving this Agreement, the Site or the Services, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the state of Michigan, without regard to its conflict of law conditions. You hereby agree to submit to the exclusive jurisdiction of the courts in Saginaw, Saginaw County, Michigan, with regard to any claim, proceeding or action connecting to or otherwise arising out of this Agreement, any associated website or the Services, howsoever arising, supplied always that New Night Out LLC may look for and obtain injunction relief in any jurisdiction.
If any part of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as an entirety shall not be considered unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable will be struck from this Agreement.
You agree that this Agreement is specifically enforceable by injunction relief and other just corrections without grounds of monetary damages.
You agree that if New Night Out LLC does not exercise or apply any legal right or correction which is controlled in the Agreement (or which New Night Out LLC has the benefit of under any relevant law), this will not be understood to be a formal waiver of New Night Out LLC’s rights and that those rights or corrections will still be accessible to New Night Out LLC.
“Limitation of Liability”, “Indemnity” and “Miscellaneous” and any other conditions that by their nature are intended to survive will survive any actual or purported termination of your account or termination or expiration of this Agreement and shall continue in full force and effect.