info@KeyStarAgency.com<\/a>Mail:KeyStar Agency, LLC \n3670 S Hollyhock Pl \nChandler AZ 85248You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.<\/li>\n<\/ol>\n4.4. Limited License to KeyStar Agency SEO Consulting Users.<\/strong> Subject to your strict compliance with this Agreement, KeyStar Agency grants you a limited, revocable, non-transferable, non-assignable and non-exclusive license to use the Content available on KeyStar Agency SEO Consulting (the \u201cKeyStar Agency SEO Consulting Content\u201d) as described below. You may:<\/p>\n\nView the KeyStar Agency SEO Consulting Content while accessing KeyStar Agency SEO Consulting.<\/li>\n Download or print one copy of any KeyStar Agency SEO Consulting Content for personal use.<\/li>\n Incorporate, on a non-systematic and non-routine basis, a small excerpt of the KeyStar Agency SEO Consulting Content (e.g., a few lines of text, a paragraph, a specific graphic, chart or graph) within a report or presentation that is distributed to an audience that is internal to the company for which you are employed (\u201cyour company\u201d), as long as you attribute KeyStar Agency SEO Consulting as the source.<\/li>\n Briefly summarize, on a non-systematic and non-routine basis, KeyStar Agency SEO Consulting Content in your own words, and distribute the summary to an audience that is internal to your company in connection with a specific project, as long as you attribute KeyStar Agency SEO Consulting as the source.<\/li>\n Distribute, in digital or hard copy, KeyStar Agency SEO Consulting Content for which you have purchase reprint rights, to audiences inside or outside your company.<\/li>\n If your Premium Account was obtained under an enterprise license made by your company, distribute KeyStar Agency SEO Consulting Content in accordance with the terms of that license.<\/li>\n<\/ul>\nExcept as expressly provided in this Section 5.4, you may not post or otherwise distribute KeyStar Agency SEO Consulting Content (e.g. via hard copy, email, and\/or posting on intranet, company bulletin boards or other information storage & retrieval systems). The foregoing limited license (A) does not give you any ownership of, or any other intellectual property interest in, any KeyStar Agency SEO Consulting Content, and (B) may be immediately suspended or terminated for any reason, in KeyStar Agency\u2019s sole discretion, and without advance notice or liability.<\/p>\n
\n Copyright or Intellectual Property Infringement Notification<\/strong><\/li>\n<\/ol>\nIf you believe in good faith that material or Content available on KeyStar Agency infringes a copyright or other intellectual property right that you own or for which you are a beneficial owner or exclusive licensee, you are encouraged to notify KeyStar Agency in accordance with KeyStar Agency\u2019s Copyright or Intellectual Property Infringement Notification Policy, currently accessible at https:\/\/KeyStarAgency.com\/copyright\/. It is our policy to terminate, in appropriate circumstances, the access rights of repeat infringers.<\/p>\n
\n Additional Terms of Use Applicable to Users of <\/strong><\/li>\n<\/ol>\n <\/p>\n
\n Operation of the Services<\/strong><\/li>\n<\/ol>\nKeyStar Agency reserves complete and sole discretion with respect to the operation of the Services. KeyStar Agency may, among other things: (A) make available to third parties information relating to the Services and their users, subject to the Privacy Policy; and (B) withdraw, suspend, or discontinue any functionality or feature of the Services. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which KeyStar Agency may undertake from time to time; or (iii) causes beyond the control of KeyStar Agency or which are not reasonably foreseeable by KeyStar Agency.<\/p>\n
\n DISCLAIMER OF WARRANTIES<\/strong><\/li>\n<\/ol>\nTHE SERVICES ARE PROVIDED BY KEYSTAR AGENCY ON AN \u201cAS IS\u201d BASIS. KEYSTAR AGENCY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICES, INCLUDING THE ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY CONTENT ON THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KEYSTAR AGENCY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THAT ACCESS TO OR USE OF THE SERVICES WILL BE SECURE, ACCESSIBLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE. KEYSTAR AGENCY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, LOSSES (INCLUDING LOSS OF DATA), OR THAT FILES AVAILABLE FOR DOWNLOAD FROM THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND, WHERE APPLICABLE, TERMINATE YOUR PREMIUM ACCOUNT. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 8 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.<\/p>\n
\n LIMITATION OF LIABILITY<\/strong><\/li>\n<\/ol>\nIN NO EVENT SHALL KEYSTAR AGENCY, ITS AFFILIATES, VENDORS, SUBCONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, OR ITS AGENTS BE LIABLE UNDER ANY THEORY OF LAW FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR THE USE OR INABILITY TO USE THE SERVICES, OR RESULTING FROM USE OF OR RELIANCE ON THE CONTENT, EVEN IF KEYSTAR AGENCY MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KEYSTAR AGENCY, ITS AFFILIATES, VENDORS, SUBCONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, AND ITS AGENTS\u2019 ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIMS FOR DAMAGES RELATED TO THIS AGREEMENT WHICH ARE MADE AGAINST THEM, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF CHARGES PAID BY YOU RELATIVE TO THE PERIOD OF OCCURRENCE OF THE EVENTS WHICH ARE THE BASIS OF THE CLAIMS, BUT SHALL UNDER NO CIRCUMSTANCES EXCEED THE AMOUNT EQUAL TO THE PAYMENTS MADE BY YOU OVER THE PRIOR TWELVE MONTHS.<\/p>\n
The Services are controlled and offered by KeyStar Agency from its facilities in the United States of America. KeyStar Agency makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.<\/p>\n
\n INDEMNIFICATION<\/strong><\/li>\n<\/ol>\nYOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS KEYSTAR AGENCY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY\u2019S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT BY YOU OR ANY USER SUBMISSION POSTED OR SUBMITTED BY YOU (INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF THIRD PARTIES\u2019 WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT).<\/p>\n
\n WAIVER AND RELEASE<\/strong><\/li>\n<\/ol>\nYOU AGREE THAT NEITHER KEYSTAR AGENCY NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE KEYSTAR AGENCY SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT KEYSTAR AGENCY SHALL NOT BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST KEYSTAR AGENCY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF KEYSTAR AGENCY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SERVICES.<\/p>\n
\n Modifications \/ Termination<\/strong><\/li>\n<\/ol>\n12.1. In General. Our employees are not authorized to vary the terms of this Agreement. This Agreement may be modified only (A) by obtaining our written consent in a notarized agreement signed by an officer of KeyStar Agency; or (B) as set forth below in Section 13.2.<\/p>\n
12.2. Periodic Revisions. You agree that we may modify the terms of this Agreement from time to time, and that your right to access the Services is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. Any modifications made will be effective on the date published on the website. We will notify you of any material revisions or modifications to this Agreement by: (1) posting a notice on the KeyStarAgency.com website for thirty (30) days following any revisions or modifications to this Agreement and\/or by posting a notice on KeyStarAgency.com the first time that you visit KeyStarAgency.com following such revisions or modifications; or (2) through a direct communication to you by email, if you have provided an email address to us. You will be deemed to have agreed to the new terms and conditions if you continue to access the Services after having been notified of such revisions or modifications by email or, if you have not been notified by email, after the passage of thirty (30) days from the time the revised terms and conditions are first posted on KeyStarAgency.com (whichever is sooner). If you do not provide us with a valid email address to send you information concerning revisions or modifications to this Agreement, then you agree that you will not receive notice by email. If you change email accounts, it will be your responsibility to notify us of a new valid email address in order to receive email notice. We assume no responsibility for your failure to actually receive notice. It is your responsibility to review this page for possible modifications. If you do not agree with the revisions, you may choose to discontinue use of the Services.<\/p>\n
\n Arbitration Clause<\/strong><\/li>\n<\/ol>\n13.1 Individual Arbitration as Sole Remedy for Dispute Resolution.<\/strong><\/p>\n\nAny dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final and binding individual (not class, representative, nor collective) arbitration in San Diego, California before one arbitrator. The language to be used in the arbitral proceedings will be English. The arbitration shall be administered by the Office of Judicial Arbitration and Mediation Service (\u201cJAMS\u201d) pursuant to its Comprehensive Arbitration Rules and Procedures or pursuant to JAMS\u2019 Streamlined Arbitration Rules and Procedures. JAMS\u2019s rules governing the arbitration may be obtained from JAMS\u2019s website, which currently is www.jamsadr.com. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.<\/li>\n If you are not a resident of the United States, then any dispute, controversy or claim arising out of or relating to this Agreement, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by final and binding individual arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of one arbitrator. The place of arbitration will be San Diego, California. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.<\/li>\n<\/ol>\n13.2 Negotiation in Advance of Arbitration<\/strong><\/p>\n\nThe parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between persons who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party\u2019s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within 30 days after delivery of the notice, the executives of both parties shall meet at a mutually acceptable time and place.<\/li>\n Unless otherwise agreed in writing by the negotiating parties, the above-described negotiation shall end at the close of the first meeting of persons described above (\u201cFirst Meeting\u201d). Such closure shall not preclude continuing or later negotiations, if desired. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.<\/li>\n At no time prior to the First Meeting shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of Paragraph 1 above.<\/li>\n<\/ol>\n13.3 Requirements for Modification or Revocation.<\/strong> This agreement to arbitrate shall survive the termination of KeyStar Agency\u2019s relationship with you. It can only be revoked or modified by a writing executed by KeyStar Agency and you that specifically states an intent to revoke or modify this agreement to arbitrate.<\/p>\n13.4 Claims Covered by Arbitration Clause.<\/strong> KeyStar Agency and you mutually consent to the resolution by final and binding arbitration of all claims or controversies (collectively, the \u201cClaims<\/u>\u201d) that KeyStar Agency may have against you or you may have against KeyStar Agency or against its past, present, or future predecessors, successors, assigns, affiliates, parent and subsidiary companies, and joint ventures, and their respective past, present, or future officers, directors, employees, stockholders, representatives, managers, members, partners, agents, advisors, insurers, and indemnities (collectively referred to as the \u201cKeyStar Agency Parties<\/u>\u201d), relating to, resulting from, or in any way arising out of your relationship with KeyStar Agency. The Claims include, but are not limited to claims for penalties, fines, claims for breach of any contract (express or implied); tort claims (including, but not limited to, those relating to reputation); claims for violation of trade secret, proprietary, or confidential information laws; claims for unfair business practices; and claims for violation of any public policy, federal, state, international, or other governmental law, statute, regulation, or ordinance.<\/p>\n 13.5 Required Notice of Claims and Statute of Limitations.<\/strong> KeyStar Agency may initiate arbitration by serving or mailing a written notice to you at the last known address. You may initiate arbitration by serving or mailing a written notice to KeyStar Agency. The written notice must specify with reasonable particularity the claims asserted against the other party. Notice of any claim sought to be arbitrated must be served within the limitations period established by applicable federal or state law. After demand for arbitration has been made by serving written notice, the party demanding arbitration shall file a demand for arbitration with the Office of Judicial Arbitration and Mediation Service (\u201cJAMS\u201d) located in San Diego, California.<\/p>\n13.6 Selection of Arbitrator.<\/strong> Within 30 days after the commencement of arbitration, KeyStar Agency shall select one person from the JAMS panel to act as arbitrator. The arbitrator shall serve as a neutral, independent and impartial arbitrator.<\/p>\n13.7 Confidentiality.<\/strong> The parties shall maintain the confidential nature of the arbitration proceeding and the award, if any, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.<\/p>\n13.8 Dispositive Motions.<\/strong> In any arbitration arising out of or related to this Agreement:<\/p>\n\nAny party wishing to make a dispositive motion shall first submit a brief letter (not exceeding five pages) explaining why the motion has merit and why it would speed the proceeding and make it more cost-effective. The other side shall have a brief period within which to respond.<\/li>\n Based on the letters, the arbitrator will decide whether to proceed with more comprehensive briefing and argument on the proposed motion.<\/li>\n If the arbitrator decides to go forward with the motion, he\/she will place page limits on the briefs and set an accelerated schedule for the disposition of the motion.<\/li>\n Under ordinary circumstances, the pendency of such a motion will not serve to stay any aspect of the arbitration or adjourn any pending deadlines.<\/li>\n<\/ol>\n13.9 Document Requests.<\/strong> In any arbitration arising out of or related to this Agreement, requests for documents:<\/p>\n\nShall be limited to documents which are directly relevant to significant issues in the case or to the case\u2019s outcome;<\/li>\n Shall be restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; and<\/li>\n Shall not include broad phraseology such as \u201call documents directly or indirectly related to.\u201d<\/li>\n<\/ol>\n13.10 E-Discovery.<\/strong> In any arbitration arising out of or related to this Agreement:<\/p>\n\nThere shall be production of electronic documents only from sources used in the ordinary course of business. Absent a showing of compelling need, no such documents are required to be produced from backup servers, tapes or other media.<\/li>\n Absent a showing of compelling need, the production of electronic documents shall normally be made on the basis of generally available technology in a searchable format which is usable by the party receiving the e-documents and convenient and economical for the producing party. Absent a showing of compelling need, the parties need not produce metadata, with the exception of header fields for email correspondence.<\/li>\n The description of custodians from whom electronic documents may be collected shall be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute.<\/li>\n Where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the arbitrator will either deny such requests or order disclosure on condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final award.\u00a0<\/em><\/li>\n<\/ol>\n13.11 Interrogatories and Requests to Admit.<\/strong>\u00a0In any arbitration arising out of or related to this Agreement, there shall be no interrogatories or requests to admit.<\/p>\n13.12 Depositions.<\/strong>\u00a0In any arbitration arising out of or related to this Agreement, each side may take three (3) discovery depositions. Each side\u2019s depositions are to consume no more than a total of fifteen (15) hours. The total period for the taking of depositions shall not exceed six (6) weeks.<\/p>\n13.13 Governing Law and Arbitrator Authority.<\/strong><\/p>\n\nExcept as otherwise provided herein, this Agreement and the rights of the Parties hereunder shall be governed by and construed in accordance with the laws of the state of California, exclusive of conflict or choice of law rules.<\/li>\n The Parties acknowledge that this Agreement evidences a transaction involving interstate or international commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. \u00a7\u00a7 1-16)<\/em>. The arbitrator shall apply the substantive laws (and the law of remedies, if applicable) of the state of California, federal law, or international law, as applicable to the claim(s) asserted.<\/li>\nThe arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable and issues of arbitrability of any matter herein.<\/li>\n The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.<\/li>\n<\/ol>\n13.14 Arbitration Decision.<\/strong> The arbitrator\u2019s decision shall be final and binding and shall not be subject to appeal. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and\/or award is based. Any decision or award made by the arbitrator shall be enforceable by a court of competent jurisdiction. The parties irrevocably stipulate to the confidential nature of the arbitral award and proceedings and further stipulate that the award and any papers of the proceedings shall only be filed with a court of competent jurisdiction under confidential seal and only to enforce an arbitral award or decision.<\/p>\n13.15 Application for Emergency Injunctive and\/or Other Equitable Relief.<\/strong> JAMS Comprehensive Rules shall apply for the appointment of an Emergency Arbitrator to address and decide a request for emergency relief.<\/p>\n13.16 WAIVER OF REPRESENTATIVE\/CLASS ACTION PROCEEDINGS.<\/strong> BY REGISTERING TO RECEIVE ANY PRODUCTS OR SERVICES FROM US OR PROVIDING YOUR INFORMATION TO US IN, YOU KNOWINGLY AND VOLUNTARILY AGREE TO BRING ANY CLAIMS (LAWSUITS) AGAINST KEYSTAR AGENCY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, GROUP, OR REPRESENTATIVE IN ANY PURPORTED REPRESENTATIVE, COLLECTIVE, OR CLASS ACTION. YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN ANY REPRESENTATIVE, COLLECTIVE, OR CLASS ACTION PROCEEDING (A LAWSUIT WHERE YOU SUE AS A GROUP RATHER THAN BEING THE ONLY PLAINTIFF) RELATED TO ANY CLAIMS GOVERNED BY THIS PRIVACY POLICY. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL\u2019S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE, COLLECTIVE, OR CLASS ACTION PROCEEDING, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIVE ACTION UNDER CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 17200 ET SEQ.<\/em><\/strong><\/p>\n13.17 WAIVER OF JURY TRIAL\/EXCLUSIVE REMEDY.<\/strong> THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION REWARD IS LIMITED.\u00a0 BY AGREEING TO ARBITRATION, KEYSTAR AGENCY AND YOU ARE AGREEING TO WAIVE ANY CONSTITUTIONAL RIGHT TO A JURY OR COURT TRIAL OF COVERED CLAIMS. KEYSTAR AGENCY AND YOU FURTHER AGREE THAT IF FOR ANY REASON ANY SUCH DISPUTE OR CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, THE PARTIES WAIVE ANY CONSTITUTIONAL\u00a0 RIGHT TO A JURY OR COURT TRIAL.<\/strong><\/p>\n13.18 Arbitration Fees and Costs.<\/strong> Each party shall advance its own costs and expenses in any such arbitration and one-half (1\/2) of the arbitrator\u2019s fees and costs, however, the arbitrator shall award attorneys\u2019 fees and costs to KeyStar Agency if KeyStar Agency is the prevailing party. Any decision or award of such arbitration proceeding shall be confidential and may be made public only with the prior written consent of both you and KeyStar Agency.<\/p>\n13.19 Severability (Arbitration Clause).<\/strong> KeyStar Agency and you agree and acknowledge that if any section, subsection, sentence, clause, or phrase contained in this Arbitration Clause is found to be invalid, unenforceable, or otherwise inoperative, such decision shall not affect the validity of the remaining portion(s) of this Arbitration Clause.<\/p>\n13.20. Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring a qualifying claim in small claims court.<\/p>\n
\n Force Majeure<\/strong><\/li>\n<\/ol>\nNeither Party is liable for any default, delay, or failure in the performance of any of its obligations under these Terms of Services (other than failure to make payments when due) caused directly or indirectly by circumstances beyond such Party\u2019s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, acts of war or terrorism, pandemic, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such Party to perform its obligations hereunder.<\/p>\n
Initially, the force majeure event or unforeseeable circumstance shall have the effect of suspending performance hereof.<\/p>\n
If the force majeure event or unforeseeable circumstance lasts for more than three (3) months and unless the Parties agree otherwise, these Terms of Service shall be terminated automatically, without the need to seek a court ruling, serve formal notice or provide prior notice. In such event, the Parties shall not be held liable for the total or partial non-performance of their obligations hereunder.<\/p>\n
\n Severability<\/strong><\/li>\n<\/ol>\nIf any provision of this Agreement shall be deemed invalid, illegal, or unenforceable , this Agreement shall be construed as though such invalid, illegal, or unenforceable provision was not included. The remainder of this Agreement shall nevertheless remain in full force and effect.<\/p>\n
\n Notices<\/strong><\/li>\n<\/ol>\nKeyStar Agency may deliver notice to you under this Agreement by means of electronic mail, a general or specific notice on the Services, a communication to your KeyStar Agency account or by written communication delivered by first class U.S. mail to your address on record. You may give notice to KeyStar Agency at any time via electronic mail to the following address: info@KeyStarAgency.com.<\/p>\n
\n Miscellaneous<\/strong><\/li>\n<\/ol>\nKeyStar Agency may terminate or suspend access to the Services immediately, without prior notice or liability, if you breach this Agreement or for any other reason. The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. This Agreement is not assignable, transferable or sub-licensable by you except with KeyStar Agency\u2019s prior written consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind KeyStar Agency in any respect whatsoever. The headings of the sections contained in this Agreement are for convenience only and shall not be deemed to control of affect the meaning or construction of any provision of this Agreement.<\/p>\n
\n Complete Agreement<\/strong><\/li>\n<\/ol>\nThis Agreement, which incorporates KeyStar Agency\u2019s Privacy Policy and Copyright or Intellectual Property Infringement Notification Policy, constitutes the entire agreement between you and us relating to your access to and use of the Services and supersedes any prior or contemporaneous written or oral agreements, communications or other understandings relating to the subject matter hereof (with the sole exception of any separate license agreements for KeyStar Agency SEO Consulting or KeyStar Agency SEO Consulting Content to which you are a party or beneficiary, which shall remain in full force and effect and which shall supplement the terms of this Agreement). This Agreement shall not be modified, either expressly or by implication, except as set forth above in Section 12. The provisions of this Agreement supersede all contemporaneous oral agreements and all prior oral and written communications and understandings of the Parties with respect to the subject matter of this Agreement.<\/p>\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
Terms of Service Last Updated: December 23, 2022 The following terms and conditions govern all use of the KeyStarAgency.com website and all content, services, features, activities, and products available at or through the website, including, but not limited to, KeyStar, mobile sites, and applications (collectively, the \u201cServices\u201d).Please carefully review these Terms of Service which, together […]<\/p>\n","protected":false},"author":8,"featured_media":492,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"yoast_head":"\n
Terms Of Service - KeyStar SEO Agency<\/title>\n \n \n \n \n \n \n \n \n \n \n \n \n\t \n\t \n\t \n \n \n \n\t \n