Terms of Use

TERMS OF USE AGREEMENT

Thank you for vis­it­ing theAkkadian.com (“site”). By using our site, you are agree­ing to com­ply with and be bound by the fol­low­ing terms of use. Please review the fol­low­ing terms care­ful­ly. If you do not agree to these terms, you should not use this site. The term “site” or “web­site” or “us” or “we” or “our” refers to theAkkadian.com, the own­er of the Web site. The term “you” refers to the user or view­er of our Web Site.

Accep­tance of Agree­ment.

You agree to the terms and con­di­tions out­lined in this Terms of Use Agree­ment (“Agree­ment”) with respect to our site (the “Site”). This Agree­ment con­sti­tutes the entire and only agree­ment between us and you, and super­sedes all pri­or or con­tem­po­ra­ne­ous agree­ments, rep­re­sen­ta­tions, war­ranties and under­stand­ings with respect to the Site, the con­tent, prod­ucts or ser­vices pro­vid­ed by or through the Site, and the sub­ject mat­ter of this Agree­ment. This Agree­ment may be amend­ed at any time by us from time to time with­out spe­cif­ic notice to you. The lat­est Agree­ment will be post­ed on the Site, and you should review this Agree­ment pri­or to using the Site.

Copy­right.

The con­tent, orga­ni­za­tion, graph­ics, design, com­pi­la­tion, mag­net­ic trans­la­tion, dig­i­tal con­ver­sion and oth­er mat­ters relat­ed to the Site are pro­tect­ed under applic­a­ble copy­rights, trade­marks and oth­er pro­pri­etary (includ­ing but not lim­it­ed to intel­lec­tu­al prop­er­ty) rights. The copy­ing, redis­tri­b­u­tion, use or pub­li­ca­tion by you of any such mat­ters or any part of the Site, except as allowed by Sec­tion 4 below, is strict­ly pro­hib­it­ed. You do not acquire own­er­ship rights to any con­tent, doc­u­ment or oth­er mate­ri­als viewed through the Site. The post­ing of infor­ma­tion or mate­ri­als on the Site does not con­sti­tute a waiv­er of any right in such infor­ma­tion and mate­ri­als. Some of the con­tent on the site is the copy­right­ed work of third par­ties.

Ser­vice Marks.

“theAkkadian.com” and oth­ers are our ser­vice marks or reg­is­tered ser­vice marks or trade­marks. Oth­er prod­uct and com­pa­ny names men­tioned on the Site may be trade­marks of their respec­tive own­ers.

Lim­it­ed License; Per­mit­ted Uses.

You are grant­ed a non-exclu­sive, non-trans­fer­able, revo­ca­ble license (a) to access and use the Site strict­ly in accor­dance with this Agree­ment; (b) to use the Site sole­ly for inter­nal, per­son­al, non-com­mer­cial pur­pos­es; and © to print out dis­crete infor­ma­tion from the Site sole­ly for inter­nal, per­son­al, non-com­mer­cial pur­pos­es and pro­vid­ed that you main­tain all copy­right and oth­er poli­cies con­tained there­in. No print out or elec­tron­ic ver­sion of any part of the Site or its con­tents may be used by you in any lit­i­ga­tion or arbi­tra­tion mat­ter what­so­ev­er under any cir­cum­stances.

Restric­tions and Pro­hi­bi­tions on Use.

Your license for access and use of the Site and any infor­ma­tion, mate­ri­als or doc­u­ments (col­lec­tive­ly defined as “Con­tent and Mate­ri­als”) there­in are sub­ject to the fol­low­ing restric­tions and pro­hi­bi­tions on use: You may not (a) copy, print (except for the express lim­it­ed pur­pose per­mit­ted by Sec­tion 4 above), repub­lish, dis­play, dis­trib­ute, trans­mit, sell, rent, lease, loan or oth­er­wise make avail­able in any form or by any means all or any por­tion of the Site or any Con­tent and Mate­ri­als retrieved there­from; (b) use the Site or any mate­ri­als obtained from the Site to devel­op, of as a com­po­nent of, any infor­ma­tion, stor­age and retrieval sys­tem, data­base, infor­ma­tion base, or sim­i­lar resource (in any media now exist­ing or here­after devel­oped), that is offered for com­mer­cial dis­tri­b­u­tion of any kind, includ­ing through sale, license, lease, rental, sub­scrip­tion, or any oth­er com­mer­cial dis­tri­b­u­tion mech­a­nism; © cre­ate com­pi­la­tions or deriv­a­tive works of any Con­tent and Mate­ri­als from the Site; (d) use any Con­tent and Mate­ri­als from the Site in any man­ner that may infringe any copy­right, intel­lec­tu­al prop­er­ty right, pro­pri­etary right, or prop­er­ty right of us or any third par­ties; (e) remove, change or obscure any copy­right notice or oth­er pro­pri­etary notice or terms of use con­tained in the Site; (f) make any por­tion of the Site avail­able through any time­shar­ing sys­tem, ser­vice bureau, the Inter­net or any oth­er tech­nol­o­gy now exist­ing or devel­oped in the future; (g) remove, decom­pile, dis­as­sem­ble or reverse engi­neer any Site soft­ware or use any net­work mon­i­tor­ing or dis­cov­ery soft­ware to deter­mine the Site archi­tec­ture; (h) use any auto­mat­ic or man­u­al process to har­vest infor­ma­tion from the Site; (i) use the Site for the pur­pose of gath­er­ing infor­ma­tion for or trans­mit­ting (1) unso­licit­ed com­mer­cial email; (2) email that makes use of head­ers, invalid or nonex­is­tent domain names, or oth­er means of decep­tive address­ing; and (3) unso­licit­ed tele­phone calls or fac­sim­i­le trans­mis­sions; (j) use the Site in a man­ner that vio­lates any state or fed­er­al law reg­u­lat­ing email, fac­sim­i­le trans­mis­sions or tele­phone solic­i­ta­tions; and (k) export or re-export the Site or any por­tion there­of, or any soft­ware avail­able on or through the Site, in vio­la­tion of the export con­trol laws or reg­u­la­tions of the Unit­ed States.

6. Forms, Agree­ments & Doc­u­ments.

We may make avail­able through the Site or through oth­er Web sites sam­ple and actu­al forms, check­lists, busi­ness doc­u­ments and legal doc­u­ments (col­lec­tive­ly, “Doc­u­ments”). All Doc­u­ments are pro­vid­ed on a non-exclu­sive license basis only for your per­son­al one-time use for non-com­mer­cial pur­pos­es, with­out any right to re-license, sub­li­cense, dis­trib­ute, assign or trans­fer such license. Doc­u­ments are pro­vid­ed for a charge and with­out any rep­re­sen­ta­tions or war­ranties, express or implied, as to their suit­abil­i­ty, legal effect, com­plete­ness, cur­rent­ness, accu­ra­cy, and/or appro­pri­ate­ness. THE DOCUMENTS ARE PROVIDEDAS IS,” “AS AVAILABLE,” AND WITHALL FAULTS,” AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FORPARTICULAR PURPOSE. The Doc­u­ments may be inap­pro­pri­ate for your par­tic­u­lar cir­cum­stances. Fur­ther­more, state laws may require dif­fer­ent or addi­tion­al pro­vi­sions to ensure the desired result. You should con­sult with legal coun­sel to deter­mine the appro­pri­ate legal or busi­ness doc­u­ments nec­es­sary for your par­tic­u­lar trans­ac­tions, as the Doc­u­ments are only sam­ples and may not be applic­a­ble to a par­tic­u­lar sit­u­a­tion. Some Doc­u­ments are pub­lic domain forms or avail­able from pub­lic records.

7. Link­ing to the Site.

You may pro­vide links to the Site, pro­vid­ed (a) that you do not remove or obscure, by fram­ing or oth­er­wise, adver­tise­ments, the copy­right notice, or oth­er notices on the Site, (b) your site does not engage in ille­gal or porno­graph­ic activ­i­ties, and © you dis­con­tin­ue pro­vid­ing links to the Site imme­di­ate­ly upon request by us.

8. Adver­tis­ers.

The Site may con­tain adver­tis­ing and spon­sor­ships. Adver­tis­ers and spon­sors are respon­si­ble for ensur­ing that mate­r­i­al sub­mit­ted for inclu­sion on the Site is accu­rate and com­plies with applic­a­ble laws. We are not respon­si­ble for the ille­gal­i­ty or any error, inac­cu­ra­cy or prob­lem in the advertiser’s or sponsor’s mate­ri­als.

9. Registration/Purchase.

Cer­tain sec­tions of, or offer­ings from, the Site may require you to reg­is­ter. If reg­is­tra­tion is request­ed, you agree to pro­vide us with accu­rate, com­plete reg­is­tra­tion and/or pur­chase infor­ma­tion. Your reg­is­tra­tion must be done using accu­rate infor­ma­tion. Each reg­is­tra­tion is for your per­son­al use only. We do not per­mit (a) any oth­er per­son using the reg­is­tered sec­tions under your name; or (b) access through a sin­gle name being made avail­able to mul­ti­ple users on a net­work. You are respon­si­ble for pre­vent­ing such unau­tho­rized use.

10. Errors, Cor­rec­tions and Changes.

We do not rep­re­sent or war­rant that the Site will be error-free, free of virus­es or oth­er harm­ful com­po­nents, or that defects will be cor­rect­ed. We do not rep­re­sent or war­rant that the infor­ma­tion avail­able on or through the Site will be cor­rect, accu­rate, time­ly or oth­er­wise reli­able. We may make changes to the fea­tures, func­tion­al­i­ty or con­tent of the Site at any time. We reserve the right in our sole dis­cre­tion to edit or delete any doc­u­ments, infor­ma­tion or oth­er con­tent appear­ing on the Site.

11. Third Par­ty Con­tent.

Third par­ty con­tent may appear on the Site or may be acces­si­ble via links from the Site. We are not respon­si­ble for and assume no lia­bil­i­ty for any mis­takes, mis­state­ments of law, defama­tion, omis­sions, false­hood, obscen­i­ty, pornog­ra­phy or pro­fan­i­ty in the state­ments, opin­ions, rep­re­sen­ta­tions or any oth­er form of con­tent on the Site. You under­stand that the infor­ma­tion and opin­ions in the third par­ty con­tent rep­re­sent sole­ly the thoughts of the author and is nei­ther endorsed by nor does it nec­es­sar­i­ly reflect our belief.

Mate­r­i­al con­tained in the con­tent may not be dupli­cat­ed or redis­trib­uted with­out the pri­or writ­ten con­sent of us and the copy­right hold­er, except that one print copy of search out­put is per­mit­ted for use with­in the user’s orga­ni­za­tion and that search out­put may be stored tem­porar­i­ly in elec­tron­ic media for edit­ing or refor­mat­ting and sub­se­quent print­ing of one print copy of search out­put for inter­nal use.

Adver­tis­ing and spon­sored links found on con­tent pages from third par­ty providers are not pro­vid­ed by those con­tent providers and are not endorse­ments.

12. Unlaw­ful Activ­i­ty.

We reserve the right to inves­ti­gate com­plaints or report­ed vio­la­tions of this Agree­ment and to take any action we deem appro­pri­ate, includ­ing but not lim­it­ed to report­ing any sus­pect­ed unlaw­ful activ­i­ty to law enforce­ment offi­cials, reg­u­la­tors, or oth­er third par­ties and dis­clos­ing any infor­ma­tion nec­es­sary or appro­pri­ate to such per­sons or enti­ties relat­ing to your pro­file, email address­es, usage his­to­ry, post­ed mate­ri­als, IP address­es and traf­fic infor­ma­tion.

13. Indem­ni­fi­ca­tion.

You agree to indem­ni­fy, defend and hold us and our part­ners, agents, offi­cers, direc­tors, employ­ees, sub­con­trac­tors, suc­ces­sors, assigns, third par­ty sup­pli­ers of infor­ma­tion and doc­u­ments, adver­tis­ers, prod­uct and ser­vice providers, and affil­i­ates (col­lec­tive­ly, “Affil­i­at­ed Par­ties”) harm­less from any lia­bil­i­ty, loss, claim and expense relat­ed to your vio­la­tion of this Agree­ment or use of the Site.

14. Non­trans­fer­able.

Your right to use the Site is not trans­fer­able or assign­a­ble. Any pass­word or right giv­en to you to obtain infor­ma­tion or doc­u­ments is not trans­fer­able or assign­a­ble.

15. Dis­claimer.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDEDAS-IS,” “AS AVAILABLE,” WITHALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FORPARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT ASLIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAININGFORM OR DOCUMENT IS DISCLAIMED.

16. Lim­i­ta­tion of Lia­bil­i­ty.

(a) We and any Affil­i­at­ed Par­ty shall not be liable for any loss, injury, claim, lia­bil­i­ty, or dam­age of any kind result­ing in any way from (1) any errors in or omis­sions from the Site or any ser­vices or prod­ucts obtain­able there­from, (2) the unavail­abil­i­ty or inter­rup­tion of the Site or any fea­tures there­of, (3) your use of the Site, (4) the con­tent con­tained on the Site, or (5) any delay or fail­ure in per­for­mance beyond the con­trol of a Cov­ered Par­ty.

(b)(1) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

17. Use of Infor­ma­tion.

We reserve the right, and you autho­rize us, to the use and assign­ment of all infor­ma­tion regard­ing Site uses by you and all infor­ma­tion pro­vid­ed by you in any man­ner con­sis­tent with our Pri­va­cy Pol­i­cy. All remarks, sug­ges­tions, ideas, graph­ics, or oth­er infor­ma­tion com­mu­ni­cat­ed by you to us (col­lec­tive­ly, a “Sub­mis­sion”) will for­ev­er be our prop­er­ty. We will not be required to treat any Sub­mis­sion as con­fi­den­tial, and will not be liable for any ideas (includ­ing with­out lim­i­ta­tion, prod­uct, ser­vice or adver­tis­ing ideas) and will not incur any lia­bil­i­ty as a result of any sim­i­lar­i­ties that may appear in our future prod­ucts, ser­vices or oper­a­tions. With­out lim­i­ta­tion, we will have exclu­sive own­er­ship of all present and future exist­ing rights to the Sub­mis­sion of every kind and nature every­where. We will be enti­tled to use the Sub­mis­sion for any com­mer­cial or oth­er pur­pose what­so­ev­er, with­out com­pen­sa­tion to you or any oth­er per­son send­ing the Sub­mis­sion. You acknowl­edge that you are respon­si­ble for what­ev­er mate­r­i­al you sub­mit, and you, not us, have full respon­si­bil­i­ty for the mes­sage, includ­ing its legal­i­ty, reli­a­bil­i­ty, appro­pri­ate­ness, orig­i­nal­i­ty, and copy­right.

In com­pli­ance with the Children’s Online Pri­va­cy Pro­tec­tion Act of 1998, theAkkadian.com does not accept reg­is­tra­tions from those under 13 years of age. By reg­is­ter­ing with theAkkadian.com, you rep­re­sent that you are at least 13 years old.

18. Pri­va­cy Pol­i­cy.

Our Pri­va­cy Pol­i­cy, as it may change from time to time, is a part of this Agree­ment.

19. Dis­clo­sure Pol­i­cy.

Our Dis­clo­sure Pol­i­cy, as it may change from time to time, is a part of this Agree­ment.

20. Pay­ments.

You rep­re­sent and war­rant that if you are pur­chas­ing some­thing from us or from theAkka­di­an that (i) any cred­it infor­ma­tion you sup­ply is true and com­plete, (ii) charges incurred by you will be hon­ored by your cred­it card com­pa­ny, and (iii) you will pay the charges incurred by you at the post­ed prices, includ­ing any applic­a­ble tax­es.

21. Secu­ri­ties Laws.

The Site may include state­ments con­cern­ing our oper­a­tions, prospects, strate­gies, finan­cial con­di­tion, future eco­nom­ic per­for­mance and demand for our prod­ucts or ser­vices, as well as our inten­tions, plans and objec­tives (par­tic­u­lar­ly with respect to prod­uct and ser­vice offer­ings), that are for­ward-look­ing state­ments. These state­ments are based upon a num­ber of assump­tions and esti­mates which are sub­ject to sig­nif­i­cant uncer­tain­ties, many of which are beyond our con­trol. When used on our Site, words like “antic­i­pates,” “expects,” “believes,” “esti­mates,” “seeks,” “plans,” “intends,” “will” and sim­i­lar expres­sions are intend­ed to iden­ti­fy for­ward-look­ing state­ments designed to fall with­in secu­ri­ties law safe har­bors for for­ward-look­ing state­ments. The Site and the infor­ma­tion con­tained here­in does not con­sti­tute an offer or a solic­i­ta­tion of an offer for sale of any secu­ri­ties. None of the infor­ma­tion con­tained here­in is intend­ed to be, and shall not be deemed to be, incor­po­rat­ed into any of our secu­ri­ties-relat­ed fil­ings or doc­u­ments.

22. Links to oth­er Web Sites.

The Site con­tains links to oth­er Web sites. We are not respon­si­ble for the con­tent, accu­ra­cy or opin­ions express in such Web sites, and such Web sites are not inves­ti­gat­ed, mon­i­tored or checked for accu­ra­cy or com­plete­ness by us. Inclu­sion of any linked Web site on our Site does not imply approval or endorse­ment of the linked Web site by us. If you decide to leave our Site and access these third-par­ty sites, you do so at your own risk.

23. Copy­rights and Copy­right Agents.

We respect the intel­lec­tu­al prop­er­ty of oth­ers, and we ask you to do the same. If you believe that your work has been copied in a way that con­sti­tutes copy­right infringe­ment, please pro­vide our Copy­right Agent the fol­low­ing infor­ma­tion:

a. An elec­tron­ic or phys­i­cal sig­na­ture of the per­son autho­rized to act on behalf of the own­er of the copy­right inter­est;

b. A descrip­tion of the copy­right­ed work that you claim has been infringed;

c. A descrip­tion of where the mate­r­i­al that you claim is infring­ing is locat­ed on the Site;

d. Your address, tele­phone num­ber, and email address;

e. A state­ment by you that you have a good faith belief that the dis­put­ed use is not autho­rized by the copy­right own­er, its agent, or the law; and

f. A state­ment by you, made under penal­ty of per­jury, that the above infor­ma­tion in your Notice is accu­rate and that you are the copy­right own­er or autho­rized to act on the copy­right owner’s behalf.

Our Copy­right Agent for Notice of claims of copy­right infringe­ment on the Site can be reached by mail:
Copy­right Agent: Aaron Nye
theAkkadian.com
425 Sev­ern­side Dr.
Sev­er­na Park, MD 21146
By fax: 443 – 308-0124

24. Infor­ma­tion and Press Releas­es.

The Site con­tains infor­ma­tion and press releas­es about us. We dis­claim any duty or oblig­a­tion to update this infor­ma­tion or any press releas­es. Infor­ma­tion about com­pa­nies oth­er than ours con­tained in the press release or oth­er­wise, should not be relied upon as being pro­vid­ed or endorsed by us.

25. Legal Com­pli­ance.

You agree to com­ply with all applic­a­ble domes­tic and inter­na­tion­al laws, statutes, ordi­nances and reg­u­la­tions regard­ing your use of the Site and the Con­tent and Mate­ri­als pro­vid­ed there­in.

26. Refund and Return Pol­i­cy.

To the extent that you pur­chase any goods or ser­vices direct­ly from us, we will refund you your pur­chase price with­in 30 days of you noti­fy­ing us in writ­ing of your desire for the refund, togeth­er with the rea­son for the request, with the prod­uct or ser­vice returned to us in sub­stan­tial­ly the same con­di­tion as when pur­chased. Please note, how­ev­er, that cer­tain prod­ucts and ser­vices men­tioned on our site are sold by third par­ties or are linked to third par­ty Web sites, and we have no respon­si­bil­i­ty or lia­bil­i­ty for those prod­ucts or ser­vices. You may request a refund by con­tact­ing us.

27. Mis­cel­la­neous.

This Agree­ment shall be treat­ed as though it were exe­cut­ed and per­formed in Sev­er­na Park, Mary­land, and shall be gov­erned by and con­strued in accor­dance with the laws of the State of Mary­land (with­out regard to con­flict of law prin­ci­ples). Any cause of action by you with respect to the Site (and/or any infor­ma­tion, Doc­u­ments, prod­ucts or ser­vices relat­ed there­to) must be insti­tut­ed with­in one (1) year after the cause of action arose or be for­ev­er waived and barred. All actions shall be sub­ject to the lim­i­ta­tions set forth in Sec­tion 16 and Sec­tion 17. The lan­guage in this Agree­ment shall be inter­pret­ed as to its fair mean­ing and not strict­ly for or against any par­ty. Any rule of con­struc­tion to the effect that ambi­gu­i­ties are to be resolved against the draft­ing par­ty shall not apply in inter­pret­ing this Agree­ment. This Agree­ment and all incor­po­rat­ed agree­ments and your infor­ma­tion may be auto­mat­i­cal­ly assigned by us in our sole dis­cre­tion to a third par­ty in the event of an acqui­si­tion, sale or merg­er. If any pro­vi­sion of this agree­ment is held ille­gal, invalid or unen­force­able for any rea­son, that pro­vi­sion shall be enforced to the max­i­mum extent per­mis­si­ble, and the oth­er pro­vi­sions of this Agree­ment shall remain in full force and effect. If any pro­vi­sion of this Agree­ment is held ille­gal, invalid or unen­force­able, it shall be replaced, to the extent pos­si­ble, with a legal, valid, and unen­force­able pro­vi­sion that is sim­i­lar in tenor to the ille­gal, invalid, or unen­force­able pro­vi­sion as is legal­ly pos­si­ble. To the extent that any­thing in or asso­ci­at­ed with the Site is in con­flict or incon­sis­tent with this Agree­ment, this Agree­ment shall take prece­dence. Our fail­ure to enforce any pro­vi­sion of this Agree­ment shall not be deemed a waiv­er of such pro­vi­sion nor of the right to enforce such pro­vi­sion. Our rights under this Agree­ment shall sur­vive any ter­mi­na­tion of this Agree­ment. The title, head­ings and cap­tions of this Agree­ment are pro­vid­ed for con­ve­nience only and shall have no effect on the con­struc­tion of the terms of this agree­ment.

28. Arbi­tra­tion.

Any legal con­tro­ver­sy or legal claim aris­ing out of or relat­ing to this Agree­ment or our ser­vices, exclud­ing legal action tak­en by us relat­ing to Site oper­a­tions and/or intel­lec­tu­al prop­er­ty, shall be set­tled sole­ly by con­fi­den­tial bind­ing arbi­tra­tion in accor­dance with the com­mer­cial arbi­tra­tion rules of JAMS applic­a­ble at the time the arbi­tra­tion com­mences. The arbi­tra­tion shall be con­duct­ed in Sev­er­na Park, Mary­land. Each par­ty shall bear its own attor­neys’ fees. Each par­ty shall bear one-half of the arbi­tra­tion fees and costs incurred through JAMS.

29. Ter­mi­na­tion.

You agree that theAkka­di­an, in its sole dis­cre­tion, may ter­mi­nate your mem­ber­ship, and remove and dis­card any con­tent that you have post­ed on the Site, for any rea­son, includ­ing, with­out lim­i­ta­tion, for lack of use or if theAkka­di­an, in its sole opin­ion, believes that you have vio­lat­ed or act­ed incon­sis­tent­ly with the let­ter or spir­it of this Agree­ment or that you are a repeat infringer of intel­lec­tu­al prop­er­ty rights. You agree that any ter­mi­na­tion of your access to the Site under any pro­vi­sion of this Agree­ment may be effect­ed with­out pri­or notice, and acknowl­edge and agree that theAkka­di­an may imme­di­ate­ly deac­ti­vate or delete your account and all relat­ed infor­ma­tion and files in your account and/or bard any fur­ther access to such files or the Site. Fur­ther, you agree that theAkka­di­an shall not be liable to you or any third-par­ty for any ter­mi­na­tion of your access to the Site.

Be Socia­ble, Share!