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DPChallenge.com Registered Users Agreement
The DPChallenge.com Registered Users Agreement (the "Agreement") is a legal document that details your rights and obligations as a Registered User of the DPChallenge.com website. Your compliance with the terms set forth in this Agreement will help ensure that DPChallenge.comís website remains secure and reliable. We encourage you to print out or save a copy of this Agreement for your future reference. This Agreement is between you (the "Registered User") and Challenging Technologies, LLC, the owner of DPChallenge.com and its Affiliates, as defined below (for the purposes of this Agreement the terms "DPChallenge.com" and "Challenging Technologies, LLC" are used interchangeably). In this Agreement, "you" or "your" or "Registered User" means any person or entity using the Website.

By entering your agreement code and clicking the "ACCEPT" button at the end of this Agreement, or by accessing or using any part of this web site, you indicate your acceptance of the terms of this Agreement and you agree that this Agreement constitutes a "writing signed by you" under applicable laws and regulations. If you do not agree to be bound by the terms of this Agreement, please cease all further use of the DPChallenge.com Web Site. If you have any questions concerning this Agreement, please contact DPChallenge.com at [helper AT dpchallenge DOT com]. PLEASE REVIEW THIS AGREEMENT CAREFULLY AS THIS AGREEMENT PROVIDES VERY IMPORTANT INFORMATION ABOUT YOUR DPCHALLENGE.COM MEMBERSHIP.

You agree to permit DPChallenge.com to amend this Agreement in its sole discretion at any time, and you agree to abide by and be fully bound by such amended terms. The amended terms shall automatically be effective after they are posted on the Website, and your continued use of the Website on or after such effective time constitutes your acceptance of the amended terms. This Agreement may not be otherwise amended except in writing signed by you and DPChallenge.com. If you do not agree to the future changes to the Agreement or to any of the current terms in the Agreement, your only remedy is to cease use of the Web Site.

THESE TERMS OF USE WERE LAST MODIFIED ON March 17th, 2003.

1. Definitions

1.1 "DPChallenge.com Service" means all of the services that DPChallenge.com offers on the DPChallenge.com Web Site, including, without limitation, the "Printing Service" and the "Subscription Service," and all technology, processes and materials used to provide such services.

1.2 "DPChallenge.com Web Site" or the "Web Site" means the web site located at the domain names "dpchallenge.com" and "dpcprints.com" and at such other domain names used to identify web sites on which DPChallenge.com may offer the DPChallenge Service.

1.3 "Printing Service" means the print production service offered by DPChallenge.com that enables Members to customize and print Products for themselves or for their customers.

1.4 "Registered User" means any person or entity who opens and maintains an account with DPChallenge.com.

1.5 "Subscription Service" means DPChallenge.com's fee-based subscription service that contains additional premium features for Members, including the ability to create and maintain a Print Store.

1.6 "Member" means any person or entity who uses the Subscription Service.

1.7 "Product" means any product designed, manufactured, marketed or sold using the DPChallenge.com Service.

1.8 "Print Store" and "Store" mean a store created and maintained on the DPChallenge.com Web Site.

1.9 "Store Owner" means any person or entity who opens and maintains a Store.

2. General Rules

2.1 You will comply with all of the terms and conditions of this Agreement and all applicable laws, regulations and rules when you use the DPChallenge.com Service, whether you just browse the DPChallenge.com Web Site, use its freely-available services, use the Registered User service, purchase Products, or participate in Subscription Services.

2.2 DPChallenge.com will only provide the DPChallenge.com Service to persons and entities who can form legally binding and enforceable contracts under applicable law. Without limiting the foregoing, the DPChallenge.com Service is not available to children under the age of 13, or to temporarily or indefinitely suspended Registered Users. If you are a child under the age of 13, you can use this Website only in conjunction with your parents or guardians pursuant to the rules set forth in the Childrenís Online Privacy Protection Act. If you are a child under the age of 13 registering with consent from your parents or guardians, please contact us at [minor AT dpchallenge DOT com] before completing the registration process.

2.3 DPChallenge.com may modify the DPChallenge.com Service at any time with or without notice to you.

2.4 If DPChallenge.com determines, in its sole and absolute discretion, that you will breach a term or condition of this Agreement by designing, manufacturing, marketing or selling a Product that infringes the rights of others or otherwise does not meet the standards of DPChallenge.com, DPChallenge.com may cancel any order for such Product without any liability to you or any third party.

3. Opening an Account

3.1 To become a Registered User, you must open an account with DPChallenge.com through its online registration process. Only Registered Users have the right to purchase Products, become Members, and use certain portions of the DPChallenge.com Service. DPChallenge.com reserves the right in its sole discretion to deny membership to, or terminate membership of any party it believes to be providing false or misleading information to DPChallenge.com, or for any other reason.

3.2 Those Registered Users that are inactive for six (6) months or more may be removed from the Website, without notice, at the sole discretion of DPChallenge.com.

3.3 When registering as a Registered User, you must choose a unique User Name and Password. You are solely responsible for protecting your User Name and Password with the same degree of care that a reasonable person uses to protect his or her other confidential information. You may not disclose your Password to any third party or share your Password with any third party without the prior written consent of DPChallenge.com. You may not use your User Name or Password for any unauthorized purpose. If there is a breach of confidentiality of your User Name or Password, or any breach of security through your account, you shall promptly notify DPChallenge.com of such breach and provide DPChallenge.com a full and complete description of the circumstances related to such breach.

You agree that DPChallenge.com and other users of the website may, and are entitled to, rely upon and solely attribute to you any action (including any message or posting on the Website) that is undertaken using your User Name or Password or using your computer systems or facilities. Therefore, you are solely liable for any loss or damages, in whatever form, arising from the misuse of your User Name or Password or your computer systems or facilities by any person or entity, whether or not such misuse is due to your fault or negligence. You agree that the provision set forth above (including without limitation the attribution to you of actions taken using your User Name or Password, computer systems or facilities) is commercially reasonable.

3.4 DPChallenge.com will be entitled to disclose Registered User Information to governmental or regulatory officials in the event of an emergency or pursuant to a valid request from such officials. Any Registered User that provides or uses false or inaccurate Registered User Information to conduct transactions using the Website may be subject to prosecution as prescribed by federal and/or state law.

3.5 You acknowledge and agree that DPChallenge.comís collection and use of Registered User Information, and DPChallenge.comís operation of the Website and the services provided thereby in accordance with this Agreement in no way constitutes an actionable breach of any privacy or other right, whether in equity, law, contract or otherwise, and you hereby waive any and all such claims or rights of action whether foreseen or unforeseen.

3.6 Pursuant to 17 U.S.C. ß 512 as amended by Title II of the Digital Millennium Copyright Act, DPChallenge.com will terminate the membership of any Registered User who uses the Website to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to DPChallenge.com and later confirmation through court order or an admission by the Registered User that he or she has been an instrument of unlawful infringement, DPChallenge.com will terminate the use of the Website by the Registered User.

4. Your Conduct

4.1 Generally, you must use the DPChallenge.com Service in a manner that demonstrates good taste and respect for the rights of DPChallenge.com and third parties.

4.2 You will not use the DPChallenge.com Service to post content or to design, manufacture, market or sell a Product that (i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, rights of privacy and publicity, (ii) is libelous, defamatory or slanderous, (iii) condones, promotes, contains or links to warez, cracks, hacks or similar utilities or programs, (iv) contains explicitly sexual content, (v) does or may denigrate or offend any ethnic, racial, gender, religious or other protected group, through use of language, images, stereotypical depiction or otherwise, (vi) is designed to or does harass, threaten, defame or abuse others, (vii) exploits images or the likeness of minors, (viii) encourages the use of drugs or the under-age use of alcohol or cigarettes or (ix) is generally offensive or in bad taste.

4.3 You will not (i) use "spam," "blast-faxes" or recorded telephone messages to market or sell Products, (ii) interfere with the DPChallenge.com Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware, (iii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the DPChallenge.com Service, (iv) use a robot, spider or other device or process to monitor the activity on or copy pages from the DPChallenge.com Web Site, (v) collect electronic mail addresses or other information from third parties by using the DPChallenge.com Service, (vi) impersonate another person or entity, (viii) engage in any activity that interferes with any third party's ability to use or enjoy the DPChallenge.com Service or (ix) assist any third party in engaging in any activity prohibited by this Agreement.

4.4 You are solely and exclusively responsible for ensuring that all Media you provide through use of the DPChallenge.com Service is in compliance with the terms and conditions of this Agreement and all applicable laws, regulations and rules.

4.5 DPChallenge.com in its sole discretion, without notice, may remove any Media at any time posted by a Registered User to the Website regardless of the guidelines set forth in this Agreement. DPChallenge.com does not control the content (including Media) posted on the Website and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Website, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will DPChallenge.com be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Website.

4.6 Subject to the terms set forth in this Agreement, DPChallenge.com hereby grants you a limited, nontransferable, nonexclusive right to access the Website and the services provided thereby. DPChallenge.com makes no covenant, representation or warranty that the Website will be operational at all times or that it will continue to offer the Website or any or all of the elements of the Website. You may not use the information of DPChallenge.com or any other Registered User in any manner that would enable a third party to obtain the benefits of the Website and the information and services offered thereby without first becoming a Registered User and using the Website to access such information and services. You agree that any information that you obtain through the Website is confidential and proprietary information of DPChallenge.com and its other users. Except as expressly set forth herein, you may not reproduce or distribute any information available from the Website, electronically or otherwise. You shall not store or aggregate such information in any manner.

5. Policies Governing the DPChallenge.com Web Site

5.1 Privacy Policy. DPChallenge.com seeks to maintain the privacy of the information that you and other users of DPChallenge.comís website provide to DPChallenge.com. DPChallenge.comís use of the Member Information shall be governed at all times by DPChallenge.comís then-current Privacy Policy (http://www.DPChallenge.com/privacy.php). DPChallenge.com shall be entitled to amend the Privacy Policy at any time in accordance with the provision for amendment of this Agreement set forth at the beginning of this Agreement.

5.2 No Violation of Applicable Law. You agree that you will comply at all times with all applicable Laws. You acknowledge that you are solely responsible for ensuring that the manner in which you transmit and receive information and use the Website complies with all Laws. You may not post on the Website or sell through the Website any Good or Service where such posting or sale violates any applicable Law or could cause DPChallenge.com or any of its Affiliates to violate any applicable Law.

5.3 International Members. International Members in some countries may not use the Website or access its content. IT IS DPCHALLENGE.COMíS ASSUMPTION THAT INTERNATIONAL USERS ARE REGISTERING TO BE A MEMBER ONLY AFTER DETERMINING THAT THEIR MEMBERSHIP VIOLATES NO LAWS OR REGULATIONS IN THEIR RESPECTIVE COUNTRY AND JURISDICTION. If you are an international user, you warrant that you are violating no law or regulation by your use of the Website, and you shall indemnify DPChallenge.com for any and all liability that might arise from your use of the Website.

5.4 Currency. Unless otherwise expressly stated, all amounts shall be in U.S. Dollars.

5.5 Taxes. You are responsible for paying all applicable taxes and other costs incurred by you in connection with this Agreement, including without limitation taxes and costs related to the license of Media.

5.6 Links. DPChallenge.com may, in its sole discretion, and without your consent or payment to you, place links on the Website to other websites on the Internet that are owned or operated by third parties. You acknowledge and agree that DPChallenge.com is not responsible for the operation of or content located on any such website, and DPChallenge.com cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By linking to these third-party websites, you acknowledge and agree that you may not make any claim against DPChallenge.com for any damages or losses of any kind arising from the third-party website and/or the link.

You are expressly prohibited from framing or linking or otherwise using or displaying the Website in such a manner so that it appears to be part of your own or someone else's website. You shall not deep link to any image on the Website.

5.7 Manipulation. Registered Users may not: (a) use any device, software or routine in any attempt to interfere or disrupt the Website; or (b) take any action that imposes any unreasonable or disproportionately large load on the Website or DPChallenge.comís infrastructure. DPChallenge.com reserves the right in its sole discretion to actively pursue any Registered User which DPChallenge.com believes to be engaging in such activities and terminate that Registered Userís membership.

6. Intellectual Property Rights

6.1 DPChallenge.com will solely and exclusively own all intellectual property and other rights, title and interest in and to the DPChallenge.com Service, and DPChallenge.com will have the sole and exclusive right to obtain trademark and copyright registrations, patents and other protection therefore. You will not acquire any right, title or interest in any rights of DPChallenge.com under this Agreement or otherwise.

6.2 You hereby grant DPChallenge.com a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any rights you have in the Member Information and Media, and otherwise to make use of the Member Information and Media (including publishing, disseminating, broadcasting, manipulating, reproducing, editing, translating, performing, modifying, or displaying any part of the Member Information) and/or Media alone or as part of other work in any form, media, or technology whether now new known or hereafter developed, to enable DPChallenge.com to continue the specific operation or marketing of the site. This includes, but is certainly not limited to email "newsletters."

7. Representations and Warranties

7.1 Each party represents and warrants to the other party (i) that it has the full power and authority to enter into and perform under this Agreement, (ii) the execution and performance by it of its obligations under this Agreement do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules, and (iii) this Agreement is a legal, valid and binding obligation of the party executing this Agreement, enforceable in accordance with its terms and conditions.

7.2 You represent and warrant to DPChallenge.com that any content you submit to DPChallenge.com and any Product that you design, manufacture, market or sell using the DPChallenge.com Service will not infringe the copyright, trademark, patent, trade secret, rights of privacy and publicity or other legal right of any third party.

8. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS

8.1 Disclaimer of Warranty. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND THE SERVICES PROVIDED THEREBY, IS ENTIRELY AT YOUR OWN RISK. DPCHALLENGE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT (A) DPCHALLENGE.COM DOES NOT WARRANT THAT THE WEBSITE AND SERVICES PROVIDED BY DPCHALLENGE.COM SHALL BE ERROR-FREE OR OPERATE WITHOUT INTERRUPTION, AND THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND; (B) DPCHALLENGE.COM DOES NOT AND CANNOT CONTROL THE FLOW OF DATA AND INFORMATION THROUGH THE INTERNET, AND SUCH FLOW DEPENDS ON THE PERFORMANCE OF THIRD PARTIES WHOSE ACTIONS OR INACTIONS MAY PRODUCE SITUATIONS IN WHICH CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF) ARE IMPAIRED OR DISRUPTED AND FOR WHICH DPCHALLENGE.COM IS NOT LIABLE; (C) DPCHALLENGE.COM DOES NOT PROVIDE ANY WARRANTY WITH RESPECT TO THE MEDIA LICENSED VIA THE WEBSITE; AND (D) DPCHALLENGE.COM DOES NOT WARRANT THAT THE INFORMATION PROVIDED VIA THE WEBSITE, WHETHER CONCERNING THE GOODS OR SERVICES OR THE MEMBER INFORMATION OR ANY OTHER SUBJECT, IS COMPLETE OR ACCURATE.

8.2 No Consequential Damages. IN NO EVENT SHALL DPCHALLENGE.COM OR ANY OF ITS AFFILIATES BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, OR LOST PROFITS OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED, INCLUDING THROUGH THE USE OF THE WEBSITE OR THE PROVISION OF SERVICES THEREBY, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.3 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, DPCHALLENGE.COM'S AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED IN ANY WAY TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO DPCHALLENGE.COM UNDER THIS AGREEMENT DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE UPON WHICH THE EVENT GIVING RISE TO THE CLAIM AGAINST DPCHALLENGE.COM AROSE.

9. Indemnification. You agree to indemnify DPChallenge.com, Challenging Technologies, LLC and its Affiliates for and from any loss or damages, including reasonable attorneysí fees, arising from or relating to out of: (a) your use of the DPChallenge.com Service or any Media posted or uploaded by you, including any alleged or actual violation of any Law directly or indirectly arising from such use; (b) any breach or alleged breach by you of the terms of this Agreement; (c) the misuse or misappropriation of Registered User Information supplied to you; and (d) the Media offered to be licensed from you, whether arising from the information concerning the Media provided by you for posting on the Website, the license of such Media, the delivery of the Media, or otherwise.

In particular, and without limiting the foregoing, because DPChallenge.com does not and cannot control the actions of its Registered Users, in the event that you have a dispute with one or more Registered Users, you hereby agree to indemnify and release DPChallenge.com and its Affiliates from any and all claims, demands, liabilities, losses and damages (both actual and consequential) of every kind and nature, whether known or unknown, suspected or unsuspected, and disclosed or undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, you expressly waive California Civil Code ß 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

11. Additional Terms. The following agreements, rules and policies contain additional terms and conditions that govern your use of the DPChallenge.com Service. DPChallenge.com reserves the right to make changes to such agreements, rules and policies at any time. Continued use of any part of the DPChallenge.com Service constitutes your acceptance of such changes. Accordingly, you should review such agreements, rules and policies from time to time to become familiar with such changes. If the terms of any of the following conflict with the terms of this Agreement, the terms of this Agreement will govern and be given precedence.

11.1 DPChallenge.com offers the Subscription Service on the terms and conditions set forth in its Member Service Agreement.

11.2 DPChallenge.com may collect and share your information as provided for in its Privacy Policy.

11.8 If you participate in DPChallenge.comís challenges, you will do so in accordance with its Challenge Rules.

12. Termination

12.1 At any time and with or without cause, DPChallenge.com may immediately terminate this Agreement or any or all of rights and privileges granted to you or any of the other Registered Users hereunder, and DPChallenge.com may also suspend your use of the Website or refuse to provide you access to the Website or the services provided thereby. You may terminate this Agreement at any time upon written notice to DPChallenge.com. In no event shall any termination, suspension or refusal to provide access by either DPChallenge.com or you act to relieve you of any obligations which have accrued under this Agreement prior to the date of such termination, suspension or refusal.

12.2 If you or DPChallenge.com terminate your account, or if DPChallenge.com takes any action pursuant to Section 12.1, DPChallenge.com may delete any web sites, web pages, files, graphics or other content or materials relating to your use of the DPChallenge.com Service on DPChallenge.com's servers or otherwise in its possession and DPChallenge.com will have no liability to you or any third party for doing so. If you or DPChallenge.com terminate your account you must immediately remove all links to the DPChallenge.com Web Site from any web sites you operate and cease representing yourself as a Registered User and/or Member.

13. Miscellaneous Provisions

Notices. All notices, requests, demands or other communications required or permitted to be given pursuant to the Agreement shall be in writing and shall be deemed to have been given (A) three (3) days after mailing to your address on file with DPChallenge.com, if sent by U.S. mail, registered or certified mail, return receipt requested, postage prepaid, (B) one (1) day after mailing if sent by nationally recognized overnight courier for next day delivery, (C) upon transmission if sent by facsimile or electronic mail with a confirmation copy simultaneously sent by U.S. mail, first class, postage prepaid, or (D) six (6) hours after being posted by DPChallenge.com on the Website.

Equitable Remedies. Both parties acknowledge and agree that money damages and other remedies at law may not provide an adequate remedy in the event of a breach of this Agreement. Therefore, in addition to any other remedies that may be available, the nonbreaching party shall be entitled to seek injunctive relief or specific performance or other equitable remedies without the necessity of posting bond.

Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.

Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of their obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, act of government, shortages of materials or supplies, or any other causes beyond the control of such party, provided that such party gives the other written notice thereof promptly and, in any event, within fifteen (15) days of discovery thereof and uses its best efforts to cure the delay ("Force Majeure"). In the event of such Force Majeure, the time of performance or cure shall be extended for a period equal to the duration of the Force Majeure but in no event shall exceed three (3) months.

Assignment; Successors and Assigns. This Agreement and the rights granted by DPChallenge.com to you hereunder may not be assigned or transferred by you without the prior written consent of DPChallenge.com. DPChallenge.com may assign this Agreement without obtaining your consent. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties to this Agreement and their respective legal representatives, successors and permitted assigns.

Severability. The invalidity or unenforceability of any provision or portion thereof in any jurisdiction shall not affect the validity, legality or enforceability of the remaining provisions and remainder of such provision in such jurisdiction or the validity, legality or enforceability hereof, including any such provision, in any other jurisdiction, it being intended that all rights and obligations of the parties hereunder shall be enforceable to the fullest extent permitted by law.

Headings. The section headings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.

Attorneyís Fees. In a dispute concerning this Agreement, the prevailing party shall be entitled to attorneysí fees, together with expenses and costs incurred in connection with such enforcement.

No Custom. It is expressly understood and agreed that, there being no expectation of the contrary between the parties, no usage of trade or custom and practice within the industry, and no regular practice or method of dealing between the parties, will be used to modify, interpret, supplement or alter in any manner the express terms of this Agreement.

Waiver. No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, and no single or partial exercise thereof shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.

Relationship to Parties. Nothing in this Agreement shall be deemed to create a partnership, joint venture, franchise, representative, agency or employment relationship between the parties. Neither party to this Agreement shall have authority, express or implied, to act for or bind or otherwise obligate the other in any manner whatsoever. Persons retained by a party as employees or agents shall not be deemed to be employees or agents of the other party.

Choice of Law; Jurisdiction and Venue. This Agreement shall be governed and interpreted in accordance with the substantive law of the Commonwealth of Virginia without regard to its conflict of law provisions. The parties irrevocably submit themselves to the non-exclusive jurisdiction of the state and federal courts located in Virginia Beach, Virginia for the purpose of bringing any action that may be brought in connection with this Agreement. The parties agree that they shall not assert any claim that they are not subject to the jurisdiction of such courts, that the venue is improper, that the forum is inconvenient or any similar objection, claim or argument. To the maximum extent permitted by law, the notice provision of this Agreement shall apply to service of process with respect to any action brought under this Agreement. Upon the mutual agreement of both parties, disputes may be settled via arbitration, under the rules of the American Arbitration Association, instead of in the state and federal courts located in Virginia Beach, Virginia.

Entire Agreement; Amendment. This Agreement and the Exhibits and other documents incorporated by reference herein, constitute the entire understanding and agreement, and supersede any and all prior or contemporaneous representations, understandings and agreements, between the parties with respect to the subject matter of this Agreement. With respect to transactions already entered into on the Website, this Agreement shall not be altered, amended or supplemented without the prior written consent of the parties. You hereby agree to permit DPChallenge.com to amend this Agreement in its sole discretion with respect to your use of the Website and transactions entered into on the Website from and after the date of such amendment.


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