Deadbeats U.S.A. User Agreement and Terms of Service

This User Agreement (“Agreement”) is made by and between Deadbeats USA, including its parents, affiliates, related companies, partners, and licensors (hereinafter “Company” or “DEADBEATS”), an Illinois corporation, and you, the user (“you”, “your” or “User”).  The words “we,” “us,” and “our” mean DEADBEATS and any of its related corporate entities.  Other Users who maintain a subscription are referred to as “member” or “members.”  This Agreement contains the complete terms and conditions that govern the use of the Company’s website(s) or applications (“Website” or “Websites” or “Site”). BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR OTHER COMPANY SOFTWARE, SERVICES, WEBSITES, EMAIL NOTIFICATIONS, APPLICATIONS, COMMERCE SERVICES (COLLECTIVELY THE “SERVICES”) OR ANY INFORMATION, TEXT, LINKS, GRAPHICS, PHOTOS, AUDIO, VIDEOS, OR OTHER MATERIALS OR ARRANGEMENTS OF MATERIALS UPLOADED, DOWNLOADED OR APPEARING ON THE SERVICES (COLLECTIVELY REFERRED TO AS “CONTENT”), OR, IF APPLICABLE, BY CLICKING THE “I AGREE” BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT AND THESE TERMS OF SERVICE (“TERMS”). IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND THESE TERMS, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE. COMPANY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AND THESE TERMS AT COMPANY’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT AND THESE TERMS, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY REQUESTING A COPY FROM THE COMPANY. You are hereby put on notice that you are obligated to periodically review this document to make yourself aware of any changes hereto and any continued use of the Site shall constitute your acceptance thereof.

1. Who May Use the Services

You may use the Services only if you agree to form a binding contract with us and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 18 years old to use the Services and the owner of a business and/or an authorized person of the business owner. If you are accepting this Agreement, these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to this Agreement, these Terms, in which case the words “you”, “your” or “User” as used in this Agreement and these Terms shall refer to such entity.

2. Privacy

You are prohibited from sharing with any non-members Content contained on the Services.  Violation of this rule shall result in cancellation of the violating members’ membership by Deadbeats U.S.A. Our Privacy Policy describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to other countries for storage, processing and use by us and our affiliates.

3. Content on the Services

You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with other Users. Any use or reliance on any Content or materials contained in the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be harmful, inaccurate or postings that have been otherwise mislabeled or are deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. We reserve the right to remove Content that violates the Agreement or Terms, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment. All Content found on the Services is considered the copyrighted and trademarked intellectual property of Deadbeats USA, or of the party that created and/or licensed the Content to Deadbeats USA. No rights or title to any of the Content contained on any Deadbeats USA Services shall be considered transferred or assigned to the User at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without the prior written consent of Deadbeats USA in each instance, except that you may print out and/or save one copy of the Content for your personal use only. You hereby grant to Deadbeats USA a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) to Deadbeats USA through its Services (each, a “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed, as long as it is in compliance with this Agreement and these Terms. You agree that Deadbeats USA will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Deadbeats USA operations or businesses. This Services may be hyperlinked to and by other websites which are not maintained by, or related to, Deadbeats USA. Hyperlinks to such sites are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with the Services or Deadbeats USA. Deadbeats USA has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a Deadbeats USA Website to another web page should be accessed at the User’s own risk. Deadbeats USA makes no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via the Services. Deadbeats USA’s Services may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group. You agree to use the Services only to post, send, and receive messages and content that are considered proper and related to the Services. Among other actions, when using the Services, you agree that you will not post, send, submit, publish, or transmit in connection with the Services, or cause to be posted, sent, submitted, published or transmitted, any material that:

• you do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
• advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;
• is vulgar, obscene, pornographic, incendiary, or indecent;
• threatens or abuses others;
• is libelous or defamatory towards others;
• is racist, abusive, harassing, threatening or offensive;
• seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
• harvests or otherwise collects information about others, including e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;
• impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
• falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);
• advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
• solicits funds, advertisers or sponsors for any purpose;
• includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device;
• disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via the Services;
• amounts to a pyramid or other like scheme, including without limitation contests, chain letters, and surveys;
• disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of the Services and/or any networks connected to the Services; or
• contains hyperlinks to other sites that contain content that falls within the scope of this section.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by visiting our Copyright reporting form or contacting our designated copyright agent at: Deadbeats USA Attn: Copyright Agent 229 1st Avenue, Suite 3 Rock Falls, IL 61071

4. Using the Services

Please review the Agreement and the Terms. You may use the Services only in compliance with the Agreement, these Terms and all applicable laws, rules and regulations. Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, limit distribution or visibility of any Content on the service, suspend or terminate users, and reclaim usernames without liability to you. In consideration for our granting you access to and use of the Services, you agree that we and our third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You agree that you will not work around any technical limitations in the software provided to you as part of the Services, or reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-subscriber areas of the Services, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement and the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Deadbeats USA, its users and the public. We do not disclose personally-identifying information to third parties except in accordance with our Privacy Policy. Certain services or features may be offered on Deadbeats USA for which additional terms and conditions may apply in connection with your use of those services. By using or paying for any of these additional services, you agree to any additional terms applicable to those services, and those additional terms become part of our agreement with you. If any of the applicable additional terms conflict with these Terms and this Agreement, the additional terms will prevail while you are using those services to which they apply. Your Account You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number. Your License to Use the Services We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided on Deadbeats USA, in the manner permitted by this Agreement and these Terms. The Services are protected by copyright, trademark, and other laws of the United States. Nothing in this agreement or the Terms gives you a right to use the Deadbeats USA name or any of the Deadbeats USA trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain our and our licensors’ exclusive property. Any feedback, comments, or suggestions you may provide regarding Deadbeats USA, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. Ending These Terms You may end your legal agreement with us at any time by deactivating your accounts and discontinuing your use of the Services. We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Agreement, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms and this Agreement shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 2, 3, 5, and 6. If you believe your account was terminated in error you can contact us. For the avoidance of doubt, these Terms and this Agreement survive the deactivation or termination of your account.

5. Disclaimers and Limitations of Liability

The Services are Available “AS-IS” Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Deadbeats USA Entities” refers to Deadbeats USA., its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE DEADBEATS USA ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Deadbeats USA Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Deadbeats USA Entities or through the Services, will create any warranty or representation not expressly made herein. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEADBEATS USA ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR OR AN AUTHORIZED THIRD PARTY’S ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF YOU OR ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE DEADBEATS USA ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE DEADBEATS USA ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS. FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL DEADBEATS USA BE LIABLE TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS REPUTATION, LOST BUSINESS OR LOST PROFITS), WHETHER FORESEEABLE OR NOT, AND HOWEVER CAUSED, EVEN IF DEADBEATS USA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS. FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD DEADBEATS USA HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DEADBEATS USA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES. Idemnification YOU UNDERTAKE TO INDEMNIFY AND KEEP FULLY AND EFFECTIVELY INDEMNIFIED, DEADBEATS USA AND ITS EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS AND/OR EXPENSES WHATSOEVER WHICH IT OR ANY OF THEM SHALL AT ANY TIME INCUR AND WHICH ARISES IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE CONTENT, INCLUDING CLAIMS AGAINST DEADBEATS USA BY INDIVIDUALS OR ENTITIES MENTIONED IN YOUR CONTENT. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS’ FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE SERVICES.

6. General

We may revise these Terms and this Agreement from time to time. The changes will not be retroactive, and the most current version of the Terms and this Agreement will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms and revised Agreement. The laws of the State of Illinois, excluding its choice of law provisions, will govern these Terms and this Agreement and any dispute that arises between you and us. All disputes related to the Agreement, these Terms or the Services will be brought solely in the federal or state circuit courts governing Whiteside County, Illinois, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum. If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and this Agreement and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Illinois (excluding choice of law). In the event that any provision of this Agreement or these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If you have any questions about these Terms, please contact us. Deadbeats USA Commercial Terms (“Commercial Terms”) These Commercial Terms apply to access or use of the  Deadbeats USA Services, for a business or commercial purpose (except where we state that separate terms, and not these Commercial Terms, apply to such access or use of a Deadbeats U.S.A. Service). Business or commercial purposes include posting, reviewing posts, reproducing or printing posts, distributing posts, reviewing other posts, using the app in any way to conduct your business or to review and/or filter current or prospective customers or clients, or selling products. You agree that you will ensure that any third party on whose behalf you access or use any Deadbeats USA Product for any business or commercial purpose will abide by the applicable terms of use, including these Commercial Terms, the Deadbeats USA Terms of Service (“Terms”), and any applicable supplemental terms, and you represent and warrant that you have the authority to bind that third party to such terms. As more fully described below, if you reside in the United States or your business is located in the United States, these Commercial Terms require the resolution of most disputes between you and us by binding arbitration on an individual basis; class actions and jury trials are not permitted.

1. Licenses: You grant us a license to content that is covered by intellectual property rights that you post, or upload on or in connection with our Deadbeats USA Services. For any access or use of the Deadbeats USA Services, that license applies to content you or someone on your behalf (such as your agency that places an ad for you or your service provider that manages your Page content for you) makes available on or in connection with any Deadbeats USA Product. You also will ensure that you own or have secured all rights necessary to grant the licenses and rights you (or someone on your behalf) grant to us under the Commercial Terms and any applicable supplemental terms, including permission to display, distribute and deliver your content within the Deadbeats USA Services.
2. Compliance with Law: You represent and warrant that your access or use of the Deadbeats USA Services for business or commercial purposes complies with all applicable laws, rules, and regulations. You further represent that you will restrict access to your content and apps in accordance with all applicable laws, rules, and regulations. In addition to and without limiting the requirements about who can use the Deadbeats USA Services under our Terms, if you are located in a country that is subject to embargo under the laws of the United States (or under similar laws applicable to you) you may not engage in commercial activities on the Deadbeats USA Services unless authorized by applicable laws. If you are on the U.S. Treasury Department’s list of Specially Designated Nationals (or an equivalent list), you may not engage in commercial or business activities on the Deadbeats USA Services (such as advertising or payments). You also may not access or use the Deadbeats USA Services if you are prohibited from receiving products, services, or software under applicable law.
3. Data Restrictions: You may not send us information prohibited by the supplemental terms or policies. In addition, you may not send to us, or use Deadbeats USA Services to collect from people, information that includes health, financial, biometrics, or other categories of similarly sensitive information (including any information defined as sensitive under applicable law).
4. Limits on Liability: In addition to and without limiting the scope of the “Limitation of Liability” section in our Terms and Agreement, you agree that we are not responsible for the actions, services, content, or data of third parties and you release us, our directors, officers, employees, and agents from any claims and damages, known or unknown, arising out of or in any way connected with any claim you have against any such third parties.If you are a California resident, you agree to waive California Civil Code § 1542, which says: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.Our aggregate liability arising out of or relating to any access or use of the Deadbeats USA Services, the Terms (for any access or use of the Deadbeats USA Services for business or commercial purposes), or these Commercial Terms will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months.
5. Disputes:
   1. Third Party Claims: If anyone brings a claim, cause of action, or dispute against us related to your services, actions, content or information on Deadbeats U.S.A. or other Deadbeats USA Services or your use of any Deadbeats USA Services, you agree to indemnify and hold us harmless from and against any damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any such claim, cause of action, or dispute.
   2. Commercial Claims: Sections 5.c and 5.d below apply to any claim, cause of action, or dispute that arises out of or relates to any access or use of the Deadbeats USA Services for business or commercial purposes (“Commercial Claim”) between you and Deadbeats USA.
   3. U.S. Commercial Claims: If you reside in the United States or your business is located in the United States:
      1. You agree to arbitrate Commercial Claims between you and Deadbeats USA This provision does not cover any commercial claims relating to violations of your or our intellectual property rights, including, but not limited to, copyright infringement, patent infringement, trademark infringement, violations of your or our confidential information or trade secrets, or efforts to interfere with our Services or engage with our Services in unauthorized ways (for example, automated ways). If a Commercial Claim between you and Deadbeats USA is not subject to arbitration, you agree that the claim must be resolved exclusively in the U.S. District Court for the Northern District of Illinois or a state court located in Whiteside County, Illinois and that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
      2. We and you agree that, by entering into this arbitration provision, all parties are waiving their respective rights to a trial by jury or to participate in a class or representative action. THE PARTIES AGREE THAT EACH MAY BRING COMMERCIAL CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. You may bring a Commercial Claim only on your own behalf and cannot seek relief that would affect other parties. If there is a final judicial determination that any particular Commercial Claim (or a request for particular relief) cannot be arbitrated according to the limitations of this Section 5.c, then only that Commercial Claim (or only that request for relief) may be brought in court. All other Commercial Claims (or requests for relief) will remain subject to this Section 5.c. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. All issues are for an arbitrator to decide, except that only a court may decide issues relating to the scope or enforceability of this arbitration provision or the interpretation of the prohibition of class and representative actions. If any party intends to seek arbitration of a dispute, that party must provide the other party with notice in writing. This notice of dispute to us must be sent to the following address: Deadbeats USA, 229 1^st Avenue, Ste. 3, Rock Falls, IL 61071. The arbitration will be governed by the AAA’s Commercial Arbitration Rules (“AAA Rules”), as modified by these Commercial Terms, and will be administered by the AAA. If the AAA is unavailable, the parties will agree to another arbitration provider or the court will appoint a substitute. The arbitrator will not be bound by rulings in other arbitrations in which you are not a party. To the fullest extent permitted by applicable law, any evidentiary submissions made in arbitration will be maintained as confidential in the absence of good cause for its disclosure. The arbitrator’s award will be maintained as confidential only to the extent necessary to protect either party’s trade secrets or proprietary business information or to comply with a legal requirement mandating confidentiality. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules, except that we will pay for your filing, administrative, and arbitrator fees if your Commercial Claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you do not wish to be bound by this provision (including its waiver of class and representative claims), you must notify us as set forth below within 30 days of the first acceptance date of any version of these Commercial Terms containing an arbitration provision. Your notice to us under this Section 5.c must be submitted to the address here: Deadbeats USA 229 1^st Avenue, Ste. 3, Rock Falls, IL 61071. All Commercial Claims between us, whether subject to arbitration or not, will be governed by Illinois law, excluding Illinois’s conflict of laws rules, except to the extent that Illinois law is contrary to or preempted by federal law. If a Commercial Claim between you and us is not subject to arbitration, you agree that the claim must be resolved exclusively in the U.S. District Court for the Northern District of Illinois or a state court located in Whiteside County, Illinois, and that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
   4. Severability: If any provision of this Section 5 is found unenforceable, that provision will be severed and the balance of this Section 5 will remain in full force and effect.
6. Updates: We may need to update these Commercial Terms from time to time, including to accurately reflect the access or uses of our Services for business or commercial purposes, and so we encourage you to check them regularly for any updates. By continuing any access or use of any Deadbeats USA Services for business or commercial purposes after any notice of an update to these Commercial Terms, you agree to be bound by them. Any updates to Section 5 of these Commercial Terms will apply only to disputes that arise after notice of the update takes place. If you do not agree to the updated terms, please stop all access or use of our Services for business or commercial purposes.
7. Conflicts and Supplemental Terms: If there is a conflict between these Commercial Terms and the Terms, these Commercial Terms will govern with respect to your access and use of the Deadbeats USA Services for business or commercial purposes to the extent of the conflict. Supplemental terms and policies may also apply to your use of certain Deadbeats USA Services. To the extent those supplemental terms conflict with the Commercial Terms, the supplemental terms will govern with respect to your use of those Deadbeats USA Services to the extent of the conflict.
   1. If any portion of these Commercial Terms are found to be unenforceable, then (except as otherwise provided) that portion will be severed and the remaining portion will remain in full force and effect.
   2. If we fail to enforce any of these Commercial Terms, it will not be considered a waiver.
   3. Except as permitted in Section 6, any amendment to or waiver of these Commercial Terms must be made in writing and signed by us.
   4. You will not transfer any of your rights or obligations under these Commercial Terms to anyone else without our consent.
   5. These Commercial Terms do not confer any third party beneficiary rights.
   6. Please note that our retention policies for Commercial Content may differ from those set forth in the Terms. We retain Commercial Content as necessary to provide our services to users, for internal record keeping, and for product improvement and safety purposes.
   7. All of our rights and obligations under these Commercial Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
   8. Nothing in these Commercial Terms or any applicable supplemental terms will prevent us from complying with the law.
   9. We reserve all rights not expressly granted to you.