TERMS AND CONDITIONS

last revision: [January 2023]

PLEASE READ This TERMS of service agreement CAREFULLY. BY USE OF this WEBSITE and/or ordering products and/or services from this website, YOU AGREE TO be bound by and COMPLY WITH ALL OF THE TERMS AND CONDITIONS (“T&C”) SET OUT IN THIS agreement. 

THE TERMS of service agreement (the “Agreement”) governs your use of this website, ALOUISJEANMEDIA.COM (the “Website”). The agreement FORMs A CONTRACT BETWEEN the user (“USER” OR “YOU” OR “YOUR”) AND “A LOUIS JEAN MEDIA” HAVING ITS REGISTERED OFFICE LOCATED AT QUINCY, MASSACHUSETTS ("WE" or "US" or “OUR” or “COMPANY”) THAT GOVERNS YOUR ACCESS AND USE OF THE WEBSITE AND OUR SERVICES INCLUDING PHOTOGRAPHY, VIDEOGRAPHY, AND VIRTUAL TOUR SERVICES (COLLECTIVELY AS THE “SERVICES”). 

BY CLICKING “I AGREE” TO THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS ARE A LEGAL CONTRACT BETWEEN the company and you, including your PARENT COMPANIES, AGENTS, AFFILIATES, AND EMPLOYEES.  

1. ELIGIBILITY: USER MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE. USER REPRESENTS AND WARRANTS THAT (I) USER HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT; AND (II) HE/SHE ABIDES ALL OF THE TERMS AND CONDITIONS OF THIS DOCUMENT.

2. MINOR: IF YOU ARE A MINOR, YOUR PARENT OR GUARDIAN MUST READ AND AGREE TO THese T&C. WE RESERVE THE RIGHT TO TERMINATE YOUR USE AND REFUSE TO PROVIDE YOU WITH ACCESS TO THE WEBSITE OR ANY SERVICES IF IT IS BROUGHT TO OUR NOTICE OR IF IT IS DISCOVERED THAT YOU ARE UNDER THE AGE OF 18 YEARS.

3. UPDATES: WE MAY CHANGE THESE TERMS FROM TIME TO TIME BY POSTING UPDATES TO OUR WEBSITE. AN UPDATE WILL BE EFFECTIVE FOR ANY WEBSITE USE AFTER THE DATE OF THE UPDATE. THE USER'S CONTINUED USE OF SERVICES WILL CONSTITUTE BINDING ACCEPTANCE OF SUCH MODIFICATIONS.

4. OTHER DOCUMENTS: IN ADDITION TO THESE T&C, THE USE OF ALOUISJEANMEDIA.COM IS ALSO GOVERNED BY THE FOLLOWING DOCUMENTS: (I) PRIVACY POLICY.

5. OUR SERVICES: WE PROVIDE REAL ESTATE PHOTOGRAPHY, VIDEOGRAPHY, FLOOR PLANS, MATTERPORT 3D VIRTUAL TOURS, AND DRONE SERVICES TO THE CLIENTS. WE CONSIDER OUR BUSINESS MODEL THE BEST WAY TO OFFER VALUABLE SERVICES TO OUR USERS. SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, USERS ARE HEREBY GRANTED A NON-EXCLUSIVE, LIMITED, NON-TRANSFERABLE, FREELY REVOCABLE LICENSE TO USE OUR WEBSITE AND SERVICES FOR THEIR PERSONAL AND COMMERCIAL USE AND AS PERMITTED BY THE FEATURES OF THE SERVICE. WE RESERVE ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN IN THE SERVICE. WE MAY TERMINATE THIS LICENSE AT ANY TIME FOR ANY REASON OR NO REASON. 

6. LICENSE: ALL PHOTOS CARRY WITH THEM A “ONE YEAR ONLY,” LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE, FREELY REVOCABLE LICENSE TO USE THE PHOTOS IN ORDER TO MARKET THE REAL-PROPERTY LISTING FOR WHICH THEY WERE PURCHASED AND CANNOT BE USED TO MARKET OTHER LISTING OR FOR ANY OTHER PURPOSE. AFTER THE EXPIRATION OF ONE-YEAR APPLICABLE LICENSE FEE WILL BE CHARGED TO THE USER.

7. START DATE AND WORKSITE ADDRESS: WE WILL START OUR SERVICES ON THE DATE AND AT THE location PROVIDED AT THE TIME OF BOOKING. LOCATION AND IDENTITY PROOF WILL BE REQUIRED AT THE TIME OF BOOKING. YOU MUST CHECK THE INFORMATION ENTERED AND CORRECT ANY ERRORS BEFORE CLICKING ON THE “COMPLETE APPOINTMENT” BUTTON. ONCE THIS IS CLICKED, ANY ERRORS CAN BE CORRECTED ONLY BY SENDING AN E-MAIL TO ARMHED@ALOUISJEANMEDIA.COM. ON RECEIPT OF YOUR BOOKING, WE WILL BEGIN PROCESSING YOUR INFORMATION, AND YOU WILL RECEIVE AN E-MAIL/MESSAGE THAT YOUR SERVICE BOOKING HAS BEEN RECEIVED AND CONFIRMED. YOU CAN RESCHEDULE OR CANCEL YOUR APPOINTMENT FROM THE BOOKING E-MAIL, WHICH YOU WILL RECEIVE FROM US. 

8. BOOKING ACCEPTANCE POLICY: OUR WEBSITE ALLOWS YOU TO VIEW AND SUBMIT YOUR BOOKING AT THE CLICK OF A BUTTON. AFTER MAKING A BOOKING THROUGH US, YOU WILL RECEIVE AN E-MAIL NOTIFICATION ACKNOWLEDGING the booking. PLEASE NOTE THAT THIS DOES NOT MEAN THAT YOUR BOOKING HAS BEEN AUTOMATICALLY ACCEPTED. WE RESERVE THE RIGHT AT ANY TIME AFTER RECEIPT OF YOUR BOOKING TO ACCEPT OR DECLINE YOUR BOOKING FOR ANY REASON BEST KNOWN TO US.

9. MATTERPORT 3D VIRTUAL TOUR SERVICES

1. DEFINITIONS

“3D SHOWCASE” MEANS AN APPLICATION, USING THE POSITIONAL TECHNOLOGY AND WEBGL OR OTHER TECHNOLOGIES AS SPECIFIED BY MATTERPORT INC. NOW OR IN THE FUTURE, THAT DISPLAYS SHOWCASE IMAGERY WITHIN A STANDARD 3D MODEL TO ENABLE A USER TO NAVIGATE THROUGH A VIRTUAL DEPICTION OF A PARTICULAR SPACE THROUGH A WEB BROWSER OR MOBILE APPLICATION.

“POSITIONAL TECHNOLOGY” MEANS MATTERPORT INC.’S PROPRIETARY TECHNOLOGY THAT SPECIFIES THE LOCATION OF DIGITAL OBJECTS. “DIGITAL OBJECTS” MEANS DIGITAL FILES OR METADATA SUCH AS VISUAL FILES, ANNOTATIONS, DIGITAL MEDIA, OR OTHER INFORMATION, WHICH CAN BE DISPLAYED IN SPECIFIED LOCATIONS WITHIN A STANDARD 3D MODEL.

“SHOWCASE IMAGERY” MEANS IMAGERY THAT COMBINES DIGITAL OBJECTS GENERATED ON THE MATTERPORT PORTAL, IN WHOLE OR IN PART, WITH A STANDARD 3D MODEL.

A.  SHOWCASE IMAGERY COPYRIGHT: OWNERSHIP OF ALL INTELLECTUAL PROPERTY RIGHTS, INCLUDING ALL COPYRIGHT, TRADEMARKS, DESIGNS, AND PATENTS WHETHER REGISTERED OR UNREGISTERED AND ALL OTHER INTELLECTUAL PROPERTY RIGHTS AND GOODWILL RELATING TO THE SHOWCASE IMAGERY WILL REMAIN WITH THE COMPANY. YOU WILL NOT COPY, EDIT OR ALTER OR OTHERWISE INTERFERE WITH THE SHOWCASE IMAGERY AND ONLY ACCESS THE IMAGERY AS PERMITTED BY US.

B.  PERMISSION TO USE 

1.  FOR USERS HAVING MATTERPORT ACCOUNT: YOU CAN GRANT PERMISSION TO A THIRD PARTY TO ACCESS AND VIEW ANY OF YOUR STANDARD 3D MODELS OR 3D SHOWCASES IN THE FORM OF A SCREENSHOT OF FLY-THROUGH VIDEO FILE(S) OR THROUGH A LINK TO THE MATTERPORT PORTAL PROVIDED BY MATTERPORT INC. THE THIRD PARTY CAN ALSO ACCESS YOUR STANDARD 3D MODELS OR 3D SHOWCASES DIRECTLY ON THE MATTERPORT PORTAL. THE THIRD-PARTY CAN ALSO EXPORT “.OBJ” FILE IN ACCORDANCE WITH THE MATTERPORT AGREEMENT. MATTERPORT INC. MAY, BUT IS NOT OBLIGATED TO, PROVIDE SUPPORT TO ANY SUCH THIRD PARTIES.

2.  FOR OTHER USERS: YOU CAN ACCESS AND VIEW YOUR STANDARD 3D MODELS OR 3D SHOWCASES THROUGH A SHAREABLE LINK SENT BY US FOR WEB AND MLS.

11. TRAVELING COST: CLIENT, WHO RESIDES OUTSIDE A 15-MILE RADIUS, SHALL BE RESPONSIBLE FOR ALL REASONABLE TRAVELING EXPENSES, INCLUDING MILEAGE, AT A RATE OF 75 CENTS PER MILE.

12. DISCOUNTS, OFFERS & PROMOTIONS: ANY AGREED DISCOUNTS OR SPECIAL OFFERS ARE OFFERED BY COMPANY, AND COMPANY RESERVE THE RIGHT TO AMEND TERMS AND CONDITIONS FOR SPECIAL OFFERS AT ANY TIME AND WITHOUT PRIOR NOTICE. ANY SUCH DISCOUNTS OR SPECIAL OFFERS MAY BE WITHDRAWN BY COMPANY AT ITS ABSOLUTE DISCRETION AND DECISION.

13. RESCHEDULING: IF YOU NEED TO RESCHEDULE/CANCEL YOUR BOOKING FOR ANY REASON, PLEASE GIVE US AT LEAST 24-HOUR ADVANCE NOTICE. IF YOU FAIL TO GIVE 24-HOUR ADVANCE NOTICE, YOU AGREE THAT A THIRTY-FIVE DOLLARS ($35.00) RESCHEDULING/CANCELLATION FEE WILL BE CHARGED BY THE COMPANY.

14. PRIVACY: WE ARE COMMITTED TO PROTECTING YOUR PERSONAL INFORMATION AND ENSURING ITS PRIVACY, ACCURACY, AND SECURITY. PLEASE READ OUR PRIVACY POLICY FOR MORE DETAILS.

15. USER OBLIGATIONS 

15.1 SPECIFIC OBLIGATIONS: IF YOU PURCHASE ANY OF OUR SERVICES; YOU REPRESENT, WARRANT, AND COVENANT THAT:

A.  IMAGE/VIDEO COPYRIGHT: OWNERSHIP OF ALL INTELLECTUAL PROPERTY RIGHTS, INCLUDING ALL COPYRIGHT, TRADEMARKS, DESIGNS, AND PATENTS, WHETHER REGISTERED OR UNREGISTERED AND ALL OTHER INTELLECTUAL PROPERTY RIGHTS AND GOODWILL RELATING TO THE IMAGE(S) AND VIDEO MATERIAL(S) WILL REMAIN WITH THE COMPANY;

B.  NO ALTERATION: YOU WILL NOT COPY, RECORD, EDIT OR ALTER OR OTHERWISE INTERFERE WITH THE SERVICES PROVIDED BY THE COMPANY. THIS SHALL INCLUDE WITHOUT LIMITATION, NOT REMOVING, EDITING, OR OTHERWISE INTERFERING WITH (OR ATTEMPTING TO REMOVE, EDIT OR OTHERWISE INTERFERE WITH) ANY NAMES, MARKS, LOGOS, OR BRANDING ON THE IMAGES OR VIDEOS PROVIDED BY THE COMPANY;

C.  NO HAND OVER: YOU WILL NOT HAND OVER OUR PHOTOS/VIDEOS TO STAGERS, CLEANERS, ARCHITECTS, OR ANY OTHER THIRD PARTY WITHOUT COMPANY’S WRITTEN PERMISSION, PROVIDED, HOWEVER, THAT YOU MAY HAND OVER OUR PHOTOS/VIDEOS TO YOUR EMPLOYEES OR COLLEAGUES. 

D.  OFFENSIVE MATERIAL: YOU WILL NOT POST OR PROVIDE ANY INAPPROPRIATE, OFFENSIVE, RACIST, HATEFUL, SEXIST, PORNOGRAPHIC, FALSE, MISLEADING, INCORRECT, INFRINGING, DEFAMATORY, OR LIBELOUS CONTENT OR INFORMATION;

E.  YOU WILL NOT (OR ATTEMPT TO) INTERFERE WITH OR DISRUPT THE PROPER OPERATION OF THE COMPANY’S SERVICES; AND

F.  YOUR RIGHT TO ACCESS AND USE THE SERVICES MAY NOT BE ASSIGNED, TRANSFERRED, OR SUBLICENSED BY YOU.

15.2 GENERAL OBLIGATIONS: YOU REPRESENT, WARRANT, AND COVENANT THAT:

A.  YOU WILL COMPLY WITH THESE TERMS, INCLUDING OUR PRIVACY POLICY AND ALL APPLICABLE LAWS AND REGULATIONS;

B.  YOU WILL NOT COPY, MODIFY, DISTRIBUTE, REVERSE ENGINEER, DEFACE, TARNISH, MUTILATE, HACK, OR INTERFERE WITH WEBSITE’S CONTENT AND/OR OUR SERVICES OR OPERATIONS THEREOF, EXCEPT AS PERMITTED IN THESE TERMS;

C.  YOU WILL NOT USE OUR SERVICES FOR ANY ILLEGAL PURPOSE; AND

D.  YOU WILL NOT INTRODUCE ANY VIRUS, WORM, SPYWARE, OR ANY OTHER COMPUTER CODE, FILE, OR PROGRAM THAT MAY OR IS INTENDED TO DAMAGE OR HIJACK THE OPERATION OF ANY HARDWARE, SOFTWARE OR TELECOMMUNICATIONS EQUIPMENT, OR ANY OTHER ASPECT OF THE WEBSITE, OUR SERVICES, OR OPERATION THEREOF; AND

E.  YOU WILL NOT USE SCRAPE, SPIDER, ROBOT, OR OTHER AUTOMATED MEANS OF ANY KIND.

16. STORAGE; SECURITY; TRANSMISSION: WE ARE COMMITTED TO ENSURING YOUR INFORMATION AND DATA ARE KEPT SECURE AND CONFIDENTIAL AND NOT KEPT FOR LONGER THAN IS NECESSARY. ALL PHOTOS AND 2D PDF/JPG SCHEMATIC FLOOR PLANS WILL BE ARCHIVED FOR TWO YEARS. ALL VIDEOS WILL BE ARCHIVED FOR 1.5 YEARS, AND MATTERPORT TOURS WILL be KEPT ALL DATA FOR 6 MONTHS AS PER MATTERPORT AGREEMENT. OUR CERTAIN SERVERS AND DATABASES ARE MAINTAINED BY MATTERPORT INC. THESE SERVERS AND DATABASES ARE MAINTAINED AND PROCESSED ON BEHALF OF COMPANY. THE SECURITY OF YOUR DATA IS IMPORTANT TO US BUT REMEMBERS THAT NO METHOD OF TRANSMISSION OVER THE INTERNET, OR METHOD OF ELECTRONIC STORAGE, IS 100% SECURE. WHILE WE STRIVE TO USE COMMERCIALLY ACCEPTABLE MEANS TO PROTECT YOUR DATA, WE OR MATTERPORT INC CANNOT GUARANTEE ITS ABSOLUTE SECURITY. WE TAKE REASONABLE STEPS TO PROTECT YOUR DATA FROM INTERFERENCE, LOSS, MODIFICATION, AND DISCLOSURE.

17. DISCLAIMERS: YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, YOUR USE OF THE WEBSITE IS ALSO SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.

COMPANY AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL PROVIDED TO YOU. COMPANY CANNOT GUARANTEE AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION.

2D FLOOR PLAN: FLOOR PLAN MEASUREMENTS ARE APPROXIMATE AND ARE FOR ILLUSTRATIVE PURPOSES ONLY. WHILE WE DO NOT DOUBT THE FLOOR PLANS ACCURACY, WE MAKE NO GUARANTEE, WARRANTY, OR REPRESENTATION AS TO THE ACCURACY AND COMPLETENESS OF THE FLOOR PLAN. YOU OR YOUR ADVISERS SHOULD CONDUCT A CAREFUL, INDEPENDENT INVESTIGATION OF THE PROPERTY TO DETERMINE TO YOUR SATISFACTION AS TO THE SUITABILITY OF THE PROPERTY FOR YOUR SPACE REQUIREMENTS.

18. LIMITATION OF LIABILITY: EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES MADE AVAILABLE ON THE SITES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS AFFILIATE PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES.

IN CERTAIN JURISDICTIONS, SOME LIABILITIES CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH JURISDICTIONS, THE LIMITATION OF LIABILITY IN THESE TERMS MAY NOT APPLY TO YOU. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW EVEN IF ANY OTHER REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE.

19. INTELLECTUAL PROPERTY: COMPANY RESERVES ALL RIGHTS IN THE INTELLECTUAL PROPERTY NOT EXPRESSLY GRANTED TO USER. FOR PURPOSES OF THIS DOCUMENT, “INTELLECTUAL PROPERTY” SHALL MEAN (A) METHODOLOGY FOR THE PROVISION OF SERVICES; AND (B) IDEAS, WEBSITE, APPLICATIONS, PROCESSES, CODE, TECHNOLOGY, SOFTWARE, COPYRIGHTS, LOGOS, DOMAIN NAMES, PATENTS, TRADE SECRETS, TRADEMARKS, CONTENT, AND MATERIALS. COMPANY HEREBY RETAINS ALL WORLDWIDE RIGHT, TITLE, AND INTEREST IN AND TO THE INTELLECTUAL PROPERTY. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN TO THE INTELLECTUAL PROPERTY SHALL BE RETAINED BY COMPANY. YOU ACKNOWLEDGE THAT ALL RIGHT, TITLE AND INTEREST TO THE INTELLECTUAL PROPERTY IS OWNED BY COMPANY.

20. REMEDIES: IN THE EVENT OF A BREACH OF THIS AGREEMENT BY A PARTY OR ITS DIRECT OR INDIRECT EMPLOYEES, CONSULTANTS, OR REPRESENTATIVES, THE OTHER PARTY MAY SUFFER IRREPARABLE DAMAGE FOR WHICH MONETARY RELIEF MAY BE INADEQUATE. ACCORDINGLY, IN ADDITION TO ANY OTHER REMEDIES AVAILABLE TO IT, THE OTHER PARTY SHALL BE ENTITLED TO EQUITABLE RELIEF, INCLUDING SPECIFIC PERFORMANCE AND OTHER INJUNCTIVE RELIEF, WITHOUT THE NECESSITY OF POSTING A BOND.

21. WAIVER: WAIVER BY A PARTY OF ANY PARTICULAR DEFAULT BY THE OTHER PARTY SHALL NOT AFFECT OR IMPACT SUCH PARTY'S RIGHTS IN RESPECT TO ANY SUBSEQUENT DEFAULT OF THE SAME OR OF A DIFFERENT NATURE, NOR SHALL ANY DELAY OR OMISSION OF SUCH PARTY TO EXERCISE ANY RIGHTS ARISING FROM SUCH DEFAULT AFFECT OR IMPAIR SUCH PARTY'S RIGHTS AS TO SUCH DEFAULT OR ANY SUBSEQUENT DEFAULT.

22.22. FORCE MAJEURE: EACH PARTY SHALL BE RELEASED FROM AND SHALL HAVE NO LIABILITY FOR ANY FAILURE BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, LABOR TROUBLES, STRIKES, LOCKOUTS, SEVERE WEATHER, DELAY, OR DEFAULT OF UTILITIES OR COMMUNICATIONS COMPANIES OR ACCIDENTS.

23. ARBITRATION: IN THE EVENT OF DISPUTES: (A) ALL DISPUTES ARISING FROM THE INTERPRETATION AND/OR EXECUTION OF/OR IN CONNECTION WITH THIS AGREEMENT SHALL BE SETTLED THROUGH FRIENDLY CONSULTATION BETWEEN BOTH PARTIES. IN CASE NO SETTLEMENT CAN BE REACHED, THE DISPUTES SHALL BE SUBMITTED FOR ARBITRATION. (B) THE PARTIES HERETO SHALL CHOOSE A COMMON SINGLE ARBITRATOR, AND PLACE OF ARBITRATION SHALL BE COUNTY OF NORFOLK, MASSACHUSETTS. THE FINDINGS AND AWARD OF ARBITRATOR SHALL BE FINAL AND BINDING ON THE PARTIES HERETO.

24. GOVERNING LAW: THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED, AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MASSACHUSETTS, WITHOUT REGARD TO THE CONFLICT OF LAW PROVISIONS THEREOF. ANY DISPUTE ARISING UNDER THIS AGREEMENT SHALL BE SETTLED BY ARBITRATION.

25. INDEMNIFICATION: YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPANY AND ITS AFFILIATES, SERVICE PROVIDERS, PARTNERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (THE “INDEMNIFIED PARTIES”) HARMLESS AGAINST ANY CLAIM FOR DAMAGES, LOSSES, OR ANY COSTS, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE OR THE SERVICES.

26. ENTIRE AGREEMENT: THESE TERMS AND ANY POLICIES OR OPERATING RULES POSTED ON THE SITES (BUT EXCLUDING THOSE TERMS AND OTHER CONDITIONS OFFERED BY THE THIRD PARTY PROVIDERS) CONSTITUTE THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND THE COMPANY. NO ACTION OF COMPANY, OTHER THAN AN EXPRESS WRITTEN WAIVER, MAY BE CONSTRUED AS A WAIVER OF ANY PART OF THIS AGREEMENT, AND NO EMPLOYEE OF COMPANY IS AUTHORIZED TO WAIVE IT ORALLY.

27. SEVERABILITY: THIS AGREEMENT IS BINDING FOR THE BENEFIT OF AND UPON THE PARTIES HERETO, THEIR HEIRS, ASSIGNS, LEGAL REPRESENTATIVES, AND SUCCESSORS. IF ANY PROVISION OF THESE TERMS IS HELD TO BE ILLEGAL, INVALID, OR UNENFORCEABLE, THIS WILL NOT AFFECT ANY OTHER PROVISIONS, AND THE AGREEMENT WILL BE DEEMED AMENDED TO THE EXTENT NECESSARY TO MAKE IT LEGAL, VALID, AND ENFORCEABLE.

28. CONTACT US [FOR NOTICE AND OTHER COMMUNICATIONS]

IF YOU HAVE QUESTIONS IN RELATION TO OUR USE OF THESE TECHNOLOGIES, YOU CAN CONTACT US AT:

A LOUIS JEAN MEDIA 

aRMHED LOUIS-JEAN: Armhed@alouisjeanmedia.com

Support Email: Support@alouisjeanmedia.com

Updated June 1st, 2020