TERMS OF USE

Effective date: May 7, 2025

THESE TERMS OF USE APPLY WHEN YOU VISIT TRUST FOR THE NATIONAL MALL WEBSITES. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITES. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE OUR SITES.

AGREEMENT TO TERMS OF USE

These Terms of Use (“Terms”) apply with respect to your access and/or use of websites (“Sites”) offered by the Trust for the National Mall (“TNM” or “we” or “us” or “our”). These platforms are provided by and designed to offer information on the National Mall, lesson plans and civic resources to teachers and students, as well as digitally delivered products or services of TNM. TNM is a nonpartisan organization, and the Sites are designed to provide civic resources and educational content without political bias.

By using the Sites you agree to be bound by these Terms and to use the Sites in accordance with these Terms, our Privacy Policy which is incorporated herein (and which can be found at https://nationalmall.org/privacy), and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Sites, or to products and services that we make available to you through the Sites (all of which are deemed part of these Terms of Use). Accessing the Sites, in any manner, whether automated or otherwise constitutes use of the Sites and your agreement to be bound by these Terms.

We also reserve the right to deny access to the Sites or any features of the Sites to anyone who violates these Terms or who, in our sole judgment, interferes with the ability of others to enjoy our Sites or infringes the rights of others.

CHANGES TO TERMS OF USE

We reserve the right to change these Terms or to impose new conditions on the use of the Sites, from time to time, in which case we will post the revisions on the Sites and update the "Last Updated" date above to reflect the date of the changes. By continuing to use either of the Sites after we post such changes, you accept the Terms of Use, as modified.

LIMITATION ON ACCESS OR USAGE OF SITES

TNM may limit your access to any part of the Sites without notice to you. TNM may terminate your use of the Sites at any time without prior notice.

YOUR LIMITED RIGHT TO USE MATERIALS

The Sites and all the materials available on the Sites are our property and/or the property of our licensors, and are protected by copyright, trademark, and other intellectual property laws. The National Gateway Site is located at www.gateway.nationalmall.org (the “Gateway Site”) and is provided solely for educational use by teachers and students. You may download, print, and modify lesson plans and resources on the Gateway Site for classroom use. All resources on the Gateway Site are intended for educational, non-commercial use within your classroom. TNM provides content on the Gateway Site for educational purposes only and does not constitute legal, financial, or professional advice.

The Trust for the National Mall Site is located at www.nationalmall.org (the “TNM Site”) and is provided solely for your personal noncommercial use.

You may not use the Sites or the materials available on the Sites in a manner that constitutes an infringement of our rights or those of our licensors or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Sites.

SITES ACCESSIBLITY

TNM is committed to making the Sites accessible to all users. For any assistance or accessibility-related concerns, please contact us at information@nationalmall.org.

USE OF ARTIFICIAL INTELLIGENCE

TNM uses AI technology to analyze aggregated user behavior on the Sites. This analysis helps us improve the functionality of the Sites and to inform updates. However, no personalized content is generated based on individual user behavior.

CHILDREN’S ONLINE PRIVACY

We do not knowingly collect any personal information about children under the age of 16 without verifiable consent from a parent or legal guardian. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Privacy Policy by instructing their children never to provide personal information through the Sites without their permission. If you are under the age of 16, please do not submit any personal information at our Sites or in person at our stores. If you have reason to believe that a child under the age of 16 has provided personal information to us through the Sites or services, please contact us at information@nationalmall.org. If you are subject to additional or different age requirements for disclosure of personally identifiable information based on your state, province or country of residency, you hereby represent that your use of the Sites is not in violation of the laws or regulations of your state, province or country of residency.

SITES REGISTRATION PROCESSES

If you would like to register on either the Gateway Site or the TNM Site (for reasons such as making a donation), you may be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name, physical address, e-mail address and phone number. You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse all current or future use of the applicable Site (or any portion thereof). Our use of any information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

TRUST SITE DONATION AGE REQUIREMENT

By using the donation page on the TNM Site (the “Donation Page”), you certify that you are 18 years of age or older. If you are a resident of a state, province or country that imposes additional or different age requirements for disclosure of personally identifiable information, you hereby represent that your use of the Donation Page, the provision of your personally identifiable information to us, and our use of such personally identifiable information as stated in our Privacy Policy, does not violate the applicable laws or regulations of such state, province or country.

In addition, TNM may post additional terms, conditions, rules or requirements related to the Donation Page and/or its services and features. All such terms, conditions, rules, or requirements are or will be incorporated by reference into these Terms and you agree to be bound by and subject to them. At its sole discretion, TNM also may offer other services or features governed by different terms of use.

RESPONSIBILITY FOR YOUR USERNAME AND PASSWORD

To use certain features of our Sites, you will need a username and password, which you will select through the applicable Site’s registration process. We reserve the right to reject or terminate the use of any username that we deem offensive or inappropriate. It is a violation of these Terms to share this username or password with any other person. In addition, we also reserve the right to terminate the use of any username or account, or to deny access to one or both of the Sites or any features of either of the Sites, to anyone who violates these Terms or who, in our sole judgment, interferes with the ability of others to enjoy our Sites or infringes on the rights of others. You are responsible for maintaining the confidentiality of your password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

OUR RIGHT TO USE MATERIALS YOU SUBMIT OR POST

When you submit or post any material (including any music, photos, videos or other media) via the Sites, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, e-mail address or screen name, as we deem appropriate. We have no obligation of any kind with respect to such content, materials or information and are free to reproduce, use, disclose and distribute any portion of the submissions, including any ideas or information contained in the submissions for any purpose whatsoever. You understand that the technical processing and transmission of the Sites, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you.

RESPONSIBILITY FOR USER-PROVIDED CONTENT

The Sites may include a variety of features, such as discussion forums, blogs, photo- and video-sharing pages, e-mail services and social networking features that allow feedback to us and allow users to interact with each other on the Sites and post content and materials for display on the Sites. The Sites also may include other features, such as personalized home pages and e-mail services, which allow users to communicate with third parties. By accessing and using any such features, you represent and agree: (i) that you have read and agree to abide by our Community Rules (described below); (ii) that you are the owner of any material you post or submit, or are making your posting or submission with the express consent of the owner of the material; (iii) that you are making your posting or submission with the express consent of anyone pictured in any material you post or submit, (iv) that you are 16 years of age or older (or such other age restrictions that are applicable in your home jurisdiction); (v) that the materials will not violate the rights of, or cause injury to, any person or entity; and (vi) that you will indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of or related to any content or materials displayed on or submitted via the Site by you or by others using your username and password. You also grant us a license to use the materials you post or submit via such features, as described above under the header "Our Right to Use Materials You Submit or Post."

Responsibility for what is shared on discussion forums, blogs, photo- and video-sharing pages, and other areas on the Sites through which users can supply information or material or sent via any e-mail services that are made available via the Sites, lies with each user - you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may transmit, post or otherwise provide on or through the Sites.

You understand that we have no obligation to monitor any discussion forums, blogs, photo- or video-sharing pages, or other areas of the Sites through which users can supply information or material. However, we reserve the right at all times, in our sole discretion, to screen content submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates these Terms or is otherwise unacceptable or inappropriate, whether for legal or other reasons.

You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of our Sites, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.

COMMUNITY GUIDELINES

Restrict or inhibit any other user from using and enjoying either of the Sites;

Encourage violence or attack anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, or disease;

Use either of the Sites to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

Interfere with or disrupt any servers or networks used to provide either of the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site;

Use either of the Sites to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;

Gain unauthorized access to either of the Sites, or any account, computer system, or network connected to either of the Sites, by means such as hacking, password mining or other illicit means;

Obtain or attempt to obtain any materials or information through any means not intentionally made available through either of the Sites;

Use either of the Sites to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;

Use either of the Sites to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;

Use either of the Sites to post or transmit any information, software or other material that contains a virus or other harmful component;

Use either of the Sites to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising (unless we have agreed that you may post picks and/or other paid content);

Use either of the Sites to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval;

Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of either of the Sites;

Contact anyone who has asked not to be contacted;

Gather for the purpose of spamming e-mail addresses that have been posted by other users of either of the Sites or otherwise engage in any acts that would constitute a violation of the CAN-SPAM Act of 2003, 15 U.S.C. §7701, et seq., the Canadian Anti-SPAM law, or any state law prohibiting or regulating unsolicited commercial e-mails;

Engage in personal attacks, harass or threaten, question the motives behind others’ posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about other users;

Repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

Take or cause to be taken any action that disrupts the normal flow of postings and dialogue on either of the Sites (such as submitting an excessive number of messages – i.e. a flooding attack), or that otherwise negatively affects other users’ ability to use either of the Sites and/or services; or

Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from either of the Sites. Exception is made for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our Terms of Use.

We reserve the right to deny access to either of the Sites or any features of either of the Sites to anyone who violates these Community Guidelines or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.

OWNERSHIP OF THIRD PARTY CONTENT

TNM may display on the Sites content supplied by visitors and other third parties on the Sites (“Third Party Content”). Trust has no editorial control over this Third Party Content. The content supplied by visitors and other third parties belongs to the respective owners of that Content.

TNM, ITS OFFICERS, TRUSTEES, EMPLOYEES, AGENTS AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY THIRD PARTY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.

TNM DOES NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY THIRD PARTY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.

TNM shall not, under any circumstances, be liable for any losses, damages or harm caused by your or anyone else's reliance on Third Party Content available on the Sites that is the property of visitors or third parties. You are solely responsible for evaluating and acting on any Third Party Content available on the Sites.

PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT UNDER DIGITAL MILLENNIUM COPYRIGHT ACT

TNM will respond to alleged copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The Privacy Policy does not protect information that TNM may provide to third parties at its discretion or as required by law through copies of notices referenced below.

(a) If you are a copyright owner or an agent thereof and believe that any Third Party Content infringes upon your copyrights, you may submit a written notification pursuant to DMCA by providing Trust with the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the Third Party Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit TNM to locate the material;

(iv) Information reasonably sufficient to permit Trust to contact you, such as an address, telephone number, and, if available, an electronic mail address;

(v) A statement that you have a good faith belief that use of the Third Party Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(b) Counter-Notice. If you believe that your Third Party Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Third Party Content, you may send a counter-notice containing the following information to Trust at the address set forth below:

(i) Your physical or electronic signature;

(ii) Identification of the Third Party Content that has been removed or to which access has been disabled and the location at which the Third Party Content appeared before it was removed or disabled;

(iii) A statement that you have a good faith belief that the Third Party Content was removed or disabled as a result of mistake or a misidentification of the Third Party Content;

(iv) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the Federal court in Las Vegas, Nevada, USA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement;

(v) If a counter-notice is received by TNM, TNM may send a copy of the counter-notice to the original complaining party informing that person that TNM may replace the removed Third Party Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Third Party Content provider, member or user, the removed Third Party Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Trust’s sole discretion;

(vi) You acknowledge that if you fail to comply with all of the requirements of this Section 15, your DMCA notice may not be valid; and

(vii) Trust will only respond to DMCA Notices that it receives by mail, e-mail or facsimile at the addresses below:

By Mail:

Trust for the National Mall

1717 Pennsylvania Ave NW, Suite 250

Washington, DC 20006

Attention: Executive Director

By E-Mail: information@nationalmall.org; subject line: DMCA Violation on Website [Compliance]

It is often difficult to determine if your copyright has been infringed. TNM may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and TNM may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting TNM’s other rights, TNM may, in appropriate circumstances, terminate a repeat infringer's access to the Sites and any other website owned or operated by TNM.

You should also be aware that we may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

LINKS TO AND FROM OTHER WEBSITES

Our Sites may contain links to third-party websites that we do not operate or control. The content and privacy practices of these third-party websites, or their applications, are governed by their own terms of use. Our Terms apply to the Sites only and do not apply to other parties' websites. Similarly, you may have come to our Sites via a link from another website. The terms of use of other websites do not apply to the Sites. Only these Terms apply to the Sites. TNM assumes no responsibility for any terms of use or material outside of the Sites accessed via any link. You are free to establish a hypertext link to the Sites so long as the link does not state or imply any sponsorship of your website or service by TNM or the Sites. However, you may not, without our prior written permission, frame or inline link any of the content of the Sites, scrape the Sites or incorporate into another website or other service any of our material, content or intellectual property.

Sites Copyrights

You cannot re-transmit, print or photocopy the materials on either of the Sites for re-distribution in any medium that is not otherwise authorized pursuant to these Terms without the written permission of TNM.

Disclaimers

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRUST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRUST DOES NOT WARRANT THAT THE SITES OR ANY OF THE SITES’ FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRUST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES OR MATERIALS ON THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You must provide and are solely responsible for all hardware and/or software and internet connections necessary to access the Sites. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software and internet connection.

Your interactions with companies, organizations and/or individuals found on or through our Sites, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of the Sites, or between a user and any third party, we are under no obligation to become involved, and you agree to release us from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or our Sites.

TNM employs industry-standard security measures to protect user data on the SITES, including encryption, secure server environments, and access control. However, no system is completely secure, and TNM cannot guarantee absolute protection of user data.

THE GATEWAY SITE is currently in beta, with periodic updates to features and content. As a beta user, you may experience occasional changes, updates, or interruptions. TNM reserves the right to modify or discontinue any part of THE GATEWAY SITE at any time.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL TNM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITES, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITES, EVEN IF TRUST IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, TNM’s LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) IF YOU ARE DISSATISFIED WITH THE SITES, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITES, OR WITH ANY OF THE SITES’ TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

Indemnification

You agree to indemnify and hold harmless TNM and its officers, trustees, managers, employees, shareholders, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, that arise out of your use of the Sites, violation of these Terms by you or any other person using your account, or your violation of any rights of another. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.

Suspension and Termination of Access

You agree that, in TNM’s sole discretion, TNM may suspend or terminate your password, account (or any part thereof) or use of the Sites, or any part of the Sites, at any time, for any reason, without notice. You agree that we will not be liable to you or any third-party for any suspension or termination of your password, account (or any part thereof) or use of the Sites. In the event that we suspend or terminate your access to and/or use of the Sites, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination.

Notice of Modification/Changes at Will

The Sites are provided as a service to the Sites’ visitors. TNM reserves the right to delete, modify or supplement the content of the Sites, or discontinue, temporarily or permanently, the Sites, or any portion thereof, with or without notice. TNM reserves the right to terminate operation of the Sites entirely at any time for any reason without prior notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites or any portion thereof.

SEVERABILITY

If any provision of these Terms is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these Terms.

GOVERNING LAW & JURISDICTION

The Sites are controlled by TNM from its offices in Washington, D.C., United States of America. TNM comply with all laws of the District of Columbia and the United States applicable to the Sites and to the Internet. Visitors who choose to visit the Sites from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with their local laws.

Claims relating to the Sites, to the use of the Sites, and to the information content, material, goods and services available through the Sites are governed by the internal substantive laws of the District of Columbia, without regard to its conflicts of laws principles. You hereby unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction and venue of the courts, local and Federal, located in Washington, D.C., United States of America for any litigation concerning the Sites, your use of the Sites and any purchases made through the Sites. You agree not to plead forum non-conveniens in any such action.

NO ASSIGNMENT; NO THIRD PARTY BENEFICIARIES

These Terms are personal to you and you may not assign them to anyone. These Terms are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms may only be invoked or enforced by you or us.

LIMITATION ON ACTIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Sites or these Terms must be filed by you within one year after such claim or cause of action arose or be forever barred.

ENTIRE AGREEMENT

These Terms of Use, and the Privacy Policy incorporated herein by this reference, constitutes the entire agreement between us and you with respect to the subject matter contained in these Terms supersedes all previous and contemporaneous agreements, proposals and communications, whether written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Sites. In the event of any conflict between any such third-party terms and conditions and these Terms of Use, these Terms of Use will govern.