The following terms and conditions are entered into by Dducknowl LLC, a limited liability company organized under the laws of the state of Illinois, USA (“we or us”), and any direct employing entity, self-employed individual or any staffing company user seeking to fill job positions on behalf of third-party employer clients (“recruiter user” or “you” or “your”) and governs your use of our job applicant screening platform through (“website”). Any or all separate and distinct service(s) made available to you through our platform either on a trial basis or under any paid subscription is referred to throughout this agreement collectively as the “services”. All candidate users invited to interview for job opportunities are hereinafter referred to as “candidate users.” The defined terms “recruiter user,” “you,” and “your” includes all individuals who are employees or authorized agents of any recruiter user that accesses and uses the services on behalf of such recruiter user organization. Any individual that uses the services on behalf of any recruiter user organization accepts these terms on behalf of such recruiter user.

You agree to be bound by the terms and conditions contained in this agreement, which governs your access and use of the services at all times during both any free trial use and any applicable paid subscription use thereafter. By entering into this agreement, you acknowledge that you have read this agreement in its entirety, that you understand this agreement and that you are entering into a legally binding agreement with us. You also agree to the terms and conditions contained in the website terms of use. In the event of any inconsistency between this agreement and the website terms of use, the terms of this agreement shall supersede and control. Your rights and privileges in connection with the services pursuant to this agreement are being provided to you subject to your acceptance of the terms and conditions and the website terms of use.

1. Modifications

We reserve the right, at any time, to amend the provisions of this Agreement. If you do not accept any amendments, this Agreement will terminate. We will send you an email with notification of any such modifications. Please also regularly check this Agreement as posted on this Website to view the then-current terms. Notwithstanding anything in this Agreement to the contrary, if we post amended terms to this Agreement on our Website, such terms will automatically become effective, shall be incorporated into this Agreement immediately upon being posted, and where inconsistent with any other terms and conditions of this Agreement, shall supersede any such conflicting terms or conditions. By accessing and using our Website and the Services after such revised terms are posted and after you receive notification from us, You agree to be bound by any such revised terms. You agree to periodically visit our Website to examine the then-current terms and conditions of this Agreement. Your access and use of the Website and the Services will always be subject to the most current versions of these Terms of Service and our Privacy Policy, as well as the Website Terms of Use in effect at the time of such use.

2. Non-Exclusive, Limited Access Rights

Subject to your continued compliance with the terms and conditions of this Agreement, You are hereby granted a non-exclusive, non-transferable and revocable license and right to access and use the Services and all features made available thereunder, from time to time, including the right to access and use the Recruiter User dashboard located on the password-protected secure area of our Website (collectively referred to as your “Dashboard”) in order to create and initiate any video and/or technical screenings, and also including the right to use and access all online content, video or audio files, graphics, images or any other materials or applications (including any mobile applications) made available to You (“Materials”) through the Dashboard, if any, for your use in connection with the Services. This right is granted concurrently to all employees and authorized agents of each Recruiter User that has registered and created an account. The duration of your access rights being granted shall commence immediately upon registration by You and terminate automatically without notice either at the end of your trial period, upon the termination of any paid subscription access You elect to purchase thereafter or as set forth below in this Agreement.

3. Restrictions

a) Use Restrictions

You are not authorized to: (i) resell or sublicense, outsource, time-share or rent the Services or any separate component thereof or any Materials; (ii) distribute, transmit, or publish any portions of the Website to the public or download (other than page caching) or modify any portion of the Website in any form, format, or method; (iii) modify, create derivative works from or reverse engineer, reverse assemble, disassemble or decompile the Services or any portion thereof or any Materials or otherwise attempt to discover any source code, algorithms, or use unauthorized versions of the Services or any Materials for purposes including (without limitation) building a product or service similar to or competitive with the Services or to gain unauthorized access to the Services; or (iv) otherwise use the Services or any Materials as part of a product or service for any commercial use or purpose whatsoever or in any way exploit any of the Services, in whole or in part, except as otherwise expressly permitted in this Agreement and any other agreement applicable to your use of the Services.

b) Restricted Access 

The Website and the Services are not available in certain countries or to certain persons, the identity and composition of which may change from time to time in the sole discretion of us including, without limitation, in order to comply with current applicable laws and regulations. We reserve the right to deny access to and use of the Site and the Services to any country, jurisdiction, geographic region, or person at any time and for any reason whatsoever, including without limitation to comply with applicable law.

c) Linking to our Website 

You may link to our Website from your own websites and any other third party website, provided You do so in accordance with these terms. However, You may not frame any elements of our Services within any other website.

4. Our Intellectual Property

You are being granted with rights to access and use the Services and all Materials or limited purposes described herein and no portion of the Services and/or Materials are being sold to You. Except as expressly stated herein, this grant of access rights does not convey any other rights in and to the Services or any Materials contained on this Website, express or implied, or ownership of any intellectual property rights. All rights not expressly granted herein are reserved by us.

a) Copyrights/Software

We shall possess and retain all copyrights to content we have created (“Ducknowl Content”). This includes all programs, applications and separate source code, photographs, illustrations, audio files, videos, animations, flash files, text and all other similar Materials which are protected by copyrights held by us. We retain all rights, ownership, title and interest in and to all such property. We may also use content set forth above obtained from third party sources under a use license. All rights to such third party content remains with the owners of such third party content.

You shall possess and retain all intellectual property rights in all Candidate User video interviews You conduct using the Services (“Video Content”). However, You may only download any Video Interviews if you purchase an annual subscription. Otherwise, You will only have access to your Video Interviews through your use of the Services on our Website. We shall have no intellectual property rights in and to any Video Content. Notwithstanding, You agree to provide us with a perpetual, irrevocable and limited license to use your Video Content for purposes of providing the Services to You. Any Video Content associated with your account may be destroyed upon cancellation or termination of your account and we shall have no duty to store or retain the same. If You terminate any non-annual paid subscription to access the Services and want access to the Video Content, we will provide the video files to You in a downloadable file format upon your payment of a fee we will determine in our sole discretion depending upon the volume of videos You request to cover labor costs required to perform this action.

b) Trademarks & Service Marks

All logos or any other trademarks, trade names or service marks and/or any other marks or snippets, tags and metatags containing any such trademarks, service marks  or trade name posted on this Website, whether marked or unmarked, is owned by us. No trademarks, trade names, service marks, etc., displayed on this Website may be used or displayed/published by You in any manner or through any medium without our prior written consent. We retain all rights, ownership, title and interest in and to all trademarks, trade names or service marks displayed on this Website used to identify the source of our services, whether or not we have registered for or have been granted any such protections under state and/or federal law. Additionally, any use of any metatags or any other tags or text not openly visible on this Website which utilizes our name, trademark, service mark, or uses the name of any product or service offered by us without the our prior written permission is strictly prohibited.

c) No Candidate User Data Investigation

We assume no responsibility to investigate or verify the accuracy of any Candidate User data provided by any Candidate User during any video or technical screening. Under no circumstances shall we be liable for any damages occurring or arising from any Candidate User provided data or information posted or transmitted on this Website obtained by You through our screening services that violates any law or right of some third party. Notwithstanding, if we become aware of any actual or possible violations by You of any provision of this Agreement, including without limitation your use of any Candidate User data in violation of these terms, we reserve the right to investigate such actual or possible violations and we may, at our sole discretion, immediately terminate this Agreement and your access rights to the Services. If, as a result of any such investigation, we believe that criminal activity has occurred or is occurring, we reserve the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. In connection with any such investigation, we are entitled, except to the extent prohibited by applicable law, to disclose to law enforcement or other government officials, as we in our sole discretion believes to be necessary or appropriate, any information (including without limitation personally identifiable information), about you that is in our possession in connection with your use of the Dashboard and the Services in general.

d) Candidate User Data Storage

We shall not have any responsibility or liability for the failure to store, transmit or receive transmission of any Candidate User data or the security, privacy, storage or transmission of other communications involving your use of such data.

e) Candidate Information Disclaimer 

We shall not be responsible or liable to You whatsoever for any data or information provided by any Candidate User that You elect to screen and which You ultimately rely upon to make any hiring decision. We shall have no liability to You whatsoever for any type of damages stemming from any information or representations provided/made to You by any Candidate Users during the course of any video and/or technical screening or otherwise in connection with your use of the Services generally.

f) Third-party IP Rights.

Your use of any third party software or content obtained through the Services does not transfer to you any rights, title or interest in or to the third party software or content. Further, you agree that you shall not use any third party software or content made available to you through the Services except as expressly authorized under the applicable third party provider’s terms of use or license, which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the third party providers’ terms of use or license agreement, do not download or use the third party software or content.

5. Registration & Recruiter User Accounts

We require that all Recruiter Users have a registered account that we create in order to utilize the Services. Once we provide the requested information to You via email after the registration process, an account will be automatically created. You warrant and represent to us that any information You provide is accurate and current, and that You are authorized to provide such information on behalf of the registered Recruiter User hiring entity, as applicable. You will be required to maintain and update the Recruiter User registration information as required to keep your information complete and accurate at all times. We may, in our discretion, terminate, suspend, or modify your registration with, or access to, all or part of the Website and the Services, without notice, at any time if you have provided untrue, inaccurate or incomplete registration information. You will be issued or required to create a user ID and password to log-in to the Recruiter User dashboard in order to use the Services. You can use this log-in information to access the Services at any time and You may create a unique user ID and password after you have logged-in for the first time. It is your responsibility at all times to maintain the security and confidentiality of your account information, including your user ID and password information. We are not responsible and shall have no liability to You for any misuse or unauthorized access or use of your account. You agree that You shall be the only user of your account and will not allow others to use your account information to log-in and access this Website other than has may be expressly allowed under your license rights stated in this Agreement. You assume liability for and are solely responsible at all times for all use and all actions made under or through your account including, but not limited to, unauthorized use by any third parties or any employees. You agree that we may act in reliance, without investigation, upon any of your log-In information. We will not be required to inquire into the truth or evaluate the merits of any of your log-In information. 

Your ability to access and use the Services may require the payment of third party fees and charges (including but not limited to fees and charges such as telephone toll charges, airtime charges or Internet service provider fees, or fees or taxes imposed on Internet services, including any sales or use taxes, by governmental agencies). You are responsible for paying all such fees, charges and taxes. We are not responsible for any equipment you may need to be able to access or use the Site or the Services.

6. Paid Services 

a) Continued Paid Subscription Services Access

Upon expiration of the initial trial period, You can elect to continue to access the Services under one of our custom paid subscription access plans, which will be set forth in the separate Paid Subscription Schedule, which such additional terms are incorporated into this Agreement upon any execution of any Paid Subscription Schedule by You. The terms contained in this Agreement shall govern your access and use of the Services at all times in addition to the specific pricing and subscription term contained in any Paid Subscription Schedule You execute.

b) Term & Automatic Renewal

The term of any access rights to any Paid Services shall be equal to the specific subscription duration set forth in the Paid Services Schedule corresponding with the Paid Services set forth therein (“Term”). The Term shall begin on and including the first day of the Paid Services subscription as set forth in the Paid Services Schedule, and ending on 11:59 p.m. EDT (GMT-5 hours) on the final day of the Term. The Paid Services subscription shall be automatically renewed upon the same terms and conditions for successive terms equal to the duration of the original Term (“Renewal Term”), unless any such Paid Services subscription is canceled by You by deactivating the subscription on your user Dashboard. Each Renewal Term shall begin on 12:00 a.m. EDT (GMT-5 hours) on the day following the last day of the previous Term, or any subsequent Renewal Term. By providing your credit card, debit card, PayPal, bank account information or any other billing information, You hereby authorize us to charge all fees applicable to your Paid Services subscription package. All payments must be authorized and/or made at the time of purchase and will be made automatically in advance of each month or subscription period. We may, in our sole discretion, provide you with monthly, quarterly, semi-annual, and/or annual subscription service plans from which to choose, depending on your payment method, account history, and/or account preferences, as may be set forth in the Paid Services Schedule.

c) Subscription Fees & Payment Authorization

You agree to pay the subscription fees listed in the Paid Services Schedule pursuant to the custom Paid Services subscription for each separate subscription Term (or any Renewal Term) for the duration of that term. Your credit card or other payment method You provide will be automatically charged in the applicable amount stated above immediately after the expiration of the Term and upon the expiration of each subsequent Renewal Term, unless otherwise stated in this Agreement.

You acknowledge and agree that in the event you have elected to pay applicable subscription fees using a credit card or automatic ach debit, your failure to cancel this agreement before the end of the initial term or any subsequent renewal term will result in automatic charges to your credit/debit card or other payment method you have provided for the total amounts due for the subsequent renewal term and upon the time(s) due as stated under the terms of this agreement. You agree that failure to cancel this agreement shall indicate your irrevocable consent and authorization to such automatic, recurring billing by us, as applicable. You agree that you have been given every opportunity to review these terms before providing your billing information.


We reserve the right to change the subscription prices for any of the Paid Services, to apply upon commencement of the next subsequent Renewal Term. You shall receive notice about any price increase in advance of the beginning of the Renewal Term in which such increase is to become effective by email. Any quarterly, semi-annual, or annual subscription plan may be payable You in either one or multiple advance payments (depending upon our review of your payment method, account history, and/or account preferences in our sole determination) as set forth in the Paid Services Schedule. You are responsible to pay any taxes, levies, withholdings or duties imposed upon You in connection with and Paid Services subscriptions. We processes all payments to it through a third party. You will be responsible for any charges and/or penalties implemented by these third parties we incur for any payments that are cancelled or reversed because of insufficient funds or chargebacks.

d) Subscription Termination/Non-renewal

You may terminate your subscription to any Paid Services for any reason or for no reason. You must provide us with a thirty (30) day notice in order to terminate any quarterly or annual subscription package by sending an email to with the subject line “Cancellation.” Include your stated desire to cancel in the body of your email and reference the specific Paid Services. Upon receipt of your email, we will send You written confirmation that your right to use the Paid Services the subject of your cancellation will be terminated upon expiration of the then-current subscription term and, upon such termination, we will stop debiting your credit card or other payment method for any future subscription fees covering any subsequent Renewal Term. In the event this Agreement is terminated, such termination shall be effective beginning at 12:00 a.m. EDT (GDT-8 hours) on the last day of the applicable term. For monthly subscriptions, You may elect not to renew any such subscription by deactivating the subscription before the expiration of the then-current term through your Dashboard, and You will not be charged for the next month. Notwithstanding, If you fail to accept an update or amendment of this Agreement (as described in this Agreement), this Agreement shall automatically terminate.

e) Refunds

You shall not be entitled to receive any prorated refund on any subscription fee applicable for the then-current Term during which such termination occurs. We will not refund any portion of the purchase price of any purchased subscriptions to any Paid Services. Consequently, there will be no refunds for periods where any Paid Services were unused should your account be cancelled including, but not limited to, any period of dormancy in your business. If You enter into a quarterly, semi-annual, or annual subscription plan wherein you make monthly payments, You agree to make monthly payments for the entire term of your subscription plan whether You use or cancel the Paid Services prior to the expiration of your subscription term. We will not refund any payment amount to You under any payment arrangement in the event You elect not to use the Paid Services.

f) Termination

Other than automatic termination occurring at the end of any trial or demo period or any paid subscription period not renewed by You as set forth in any separate Paid Subscription Terms, we may terminate this Agreement and your access and use of the Services at any time in our sole discretion by sending you a notice of termination to the e-mail address included in your log-in information (which notice shall be effective upon being sent by us) if: i) You violate or breach one or more provisions of this Agreement; or ii) we determine in our sole and exclusive judgment that terminating your access to our Website or Dashboard is advisable for security reasons, to protect us from liability, or to maintain the continued normal uninterrupted operation of our Website and/or the Services. Once this Agreement is terminated for any reason, your rights to access and use the Services shall terminate and shall otherwise be revoked by us. We will retain any of your Identity Information only for so long as is reasonably required to fulfill the purposes for which it was collected, but data retained in backups will be removed only as the backups are purged in the normal course of our backup procedures.

7. Third-Party Fees

Your ability to access and use the Services may require the payment of third party fees and charges (including but not limited to fees and charges such as telephone toll charges, airtime charges or Internet service provider fees, or fees or taxes imposed on Internet services, including any sales or use taxes, by governmental agencies). You are responsible for paying all such fees, charges and taxes. We are not responsible for any equipment you may need to be able to access or use the Site or the Services.

8. No Employment/Project Placement Guarantee 

Please note that We make no guarantees or representations to you that using our services will ensure that you will find suitable candidates to fill any jobs required to be filled by any of your third-party employer clients, or by you has a direct hiring individual or entity, as applicable.  We make not representation or warranty to You that any Candidate User pool contains any Candidate Users who are qualified to perform the services required pursuant to any given job position being filled by You at any given time.  We shall have no liability to You whatsoever for any type of damages You may incur for any termination of the employment or engagement of services of any Candidate User by You. In addition, we make no representations or guarantees to You that any Candidate User you ultimately hire will be suitable to perform the duties required for the position filled by he or she, or can perform at a level expected by You  or that is considered to be industry standard or has may be represented by such Candidate User, or that such Candidate User performs any of the duties required in connection with the subject job/position at all.

9. Indemnification by You

You hereby agree to defend, indemnify and hold us, our officers, managers, members, employees, consultants, agents, representatives, joint venture or joint venture partners, attorneys or any parent, subsidiary or other entity controlled or owned by us, harmless from and against any and all claims, liabilities, damages or costs (including without limitation fees, costs and other expenses of attorneys and expert witnesses) arising out of or in any way related to: (i) any breach of this Agreement by You; (ii) your use of and access of our Website and use of the Services; (iii) any actual or alleged violation by You or by any Recruiter User employee or agent (whether or not such use is authorized by You) of this Agreement or any applicable law, or any intellectual property, proprietary, privacy or other right of any third party;  (iv) your negligence or willful misconduct; or (v) any data collected by You in connection with Candidate User video and technical screenings and/or demographic or other personally identifiable information about such Candidate User collected by You and used in any other way other than has authorized under these terms, regardless of the nature or type of any such claim.

10. Website Down Time Disclaimer 

While we strive to keep downtime to a minimum, from time to time the Website may be unavailable, whether due to periodic maintenance or otherwise. We shall not be liable to you for any downtime caused by any reason including, but not limited to, any of the following: (i) periodic maintenance (notice of which will be posted in advance on the Website at the point of user log-in and/or e-mailed to the e-mail address contained in your primary log-In Information), (ii) any reason described in our section regarding Force Majeure, or (iii) your inability to connect to or to access the Website due to problems related to your computer hardware, software, network, network setup or security, or your Internet service provider or any other similar problem. Downtime occurring during any paid subscription use by You shall not entitle You to any refund.

11.Warranty Disclaimer

The services are being made available on a “as is” and “as available” basis, “with all faults” and are being provided without any warranties, guarantees or representations of any kind, either express or implied, including the warranties of merchantability or fitness for a particular use or purpose. Without limiting the generality of the foregoing, we make no warranty regarding the quality, usefulness, reliability of or performance of the services or that the services will meet your expectations of use. You agree to assume the sole risk associated with your use of the services.
We do not warrant that the services are appropriate or legal in your jurisdiction. We are not responsible for any unavailability, interruption or delay of any servers or with telecommunications or third party services (including dns propagation) necessary to host our website and/or to provide access to any services or materials made available through our website, under any circumstances. The use of the services and the materials therefrom shall be done solely at your own discretion and risk and with your understanding that you will be solely responsible for any damage to your computer system or any loss of data or any other harm that results from such activities. We shall have no responsibility for any failure that arises out of your use of the website and the services with any hardware configuration, platform or operating system, including without limitation any failure related to or arising from your inability to connect to or to access the website or services due to problems related to your p.c. hardware, software, network, network setup or security, or your internet service provider or any other similar problem.

12.Our Liability

A) limitation of liability. You agree that ducknowl llc, our managers, members, employees, affiliates, agents, attorneys, successors and/or assigns (as applicable), shall not be liable for any indirect, special, consequential, incidental or any other damages of any kind other than actual, direct damages including, but not limited to, any lost profits or revenues, lost data or lost goodwill arising out of or relating to this agreement or your access and use of the website or the services.

In addition, and without limiting the generality of the foregoing paragraph, we shall have no liability to you for any kind of damages of whatever kind or nature including, but not limited to, any direct damages for: (a) any interruption or termination of your use of the services for any reason whatsoever; or (b) the access, use, reliance, recording, storage or other use thereof by you of any candidate user data or representation made by any candidate user as set forth in this agreement; (c) your inability to obtain any candidate users using the services deemed suitable to fill any open jobs or positions on behalf of you directly as a hiring entity or individual or on behalf of any of your employer clients; (d) the negligent or willful conduct by you or by any of your agents or employees in connection with any job/position offered and accepted by any of our candidate users through your use of the services. You agree that we shall not be liable to you as stated herein regardless of the cause of any such damage or the nature of any claim, whether for breach of contract, by statute, for any tortious conduct (including, without limitation, negligence and strict liability) or by any other legal theory, whether or not the company has been advised of the same. 

B) Waiver of Unknown Claims

By accessing the services, you understand that you may be waiving rights with respect to claims that are at this time known or unsuspected, and in accordance with such waiver. Accordingly, you agree to waive your rights under any laws that otherwise might limit your waiver of such claims, including california civil code section 1542 if you are a resident of the state of california, or any other applicable state laws, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

c) Exceptions to Disclaimers & Limitations

Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws.

13. Compliance with Laws

You are solely responsible for compliance with any laws applicable to your use of the Services. You agree to comply with all applicable laws and regulations of the United States and the various states. Access and use of this Website from any jurisdictions where the services being provided are illegal is strictly prohibited and we shall have no liability to You whatsoever in such case.

14. Information Collection Consent/Privacy Policy

We collect and store certain information submitted by our recruiter users in connection with our services including, without limitation, certain personally identifiable information provided by individuals who are recruiter-users or individuals using our services on behalf of such entities that are recruiter users, certain automatic information such as user ip addresses, device information and/or website use information. Please see our privacy policy for more details. You hereby consent to our data collection and use practices has described therein by using our services. 

15. Miscellaneous:

a) Entire Agreement. You agree that this Agreement constitutes the complete and exclusive agreement regarding your access to and use of the Services, along with the terms contained in the Website Terms of Use, and supersedes any prior communications, representations or agreements of the parties, weather written or oral. This Agreement cannot be altered, amended, or modified except in writing executed by an authorized representative of each party. Neither electronic mail nor instant or text messaging shall be considered a writing sufficient to change, modify, extend or otherwise affect the terms of this agreement.

b) Authority. If You are accepting these terms on behalf of another person or a legal entity, You represent and warrant that You have full authority to bind that person, company, or legal entity to these terms and otherwise have authority to enter into this Agreement.

c) Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.

d) Arbitration.You agree to give up your rights to bring any claims relating to this agreement other than to protect your intellectual property and/or your use of this website and/or the services before a court of law or other legal tribunal and to resolve all disputes or claims exclusively by arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) and shall be administered by the AAA. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this Agreement.

Any arbitration proceeding shall be brought and heard exclusively in Cook County, State of Illinois, USA. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the AAA. You agree that a written notice requesting arbitration must be provided to us within one (1) year after the acts or occurrences supporting such a claim, without tolling for a failure to discover such act or occurrence. If You do not send a written notice to us within the requisite one (1) year period, that claim (or those claims) shall be waived and released and You shall be forever barred from asserting that claim (or those claims) in the future.

e) Venue & Choice of Law. Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your use of this Website and/or the Services may only be brought exclusively in a federal or state court situated in Cook County, Illinois, USA, and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extra-territorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of allowing access to and use of this Website by You. This Agreement shall be construed and enforced in accordance with the laws of the state of Illinois, USA, without regard to any applicable conflict of laws principles and without regard to any applicable International laws, treaties or regulations.

f) Waiver. The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You.

g) Successors & Assignment. This Agreement inures to the benefit of and is binding upon our successors and assigns. You may not assign, delegate or otherwise transfer all or any part of your rights or obligations under this Agreement without prior written consent by us. Any such attempted assignment, delegation, or transfer will be null and void.

h) Survival. Any provisions in this Agreement which by their nature extend beyond the termination or expiration of any license to use the Services will remain in effect until fulfilled and will apply to both parties’ respective successors and permitted assigns.

i) No Joint Venture or Partnership. Nothing in this Agreement will be construed as creating a joint venture, partnership, agency or employment relationship between the parties to this Agreement, nor will any party have the right, power or authority to create any obligation or duty, express or implied, on behalf of any other party.

j) Force Majeure. We shall not be liable for any delay or failure in our performance under this Agreement due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed to host this Website or otherwise fulfill our obligations to You under this Agreement.