By clicking the “I agree” button during the subscription process, or visiting, using and/or submitting information to www.onscribe.com, its sub-domains and affiliated sites (collectively “onscribe.com”), you agree to be bound by the terms and conditions of this Agreement of Terms of Use (this "Agreement") and our Privacy Policy, located at [http://www.onscribe.com/privacy.aspx] (the “Privacy Policy”). For purposes of this Agreement and the Privacy Policy, the terms “we,” “us,” or “our” means OnScribe, Inc.

This Agreement contains an agreement to arbitrate all claims and disclaimers of warranties and liability.

We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice to you. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the date these terms were last revised. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Our last update was December 28, 2007. Your continued access and use of onscribe.com following the posting of any such changes shall automatically be deemed your acceptance of all changes. It is your duty to check this Agreement to determine if there have been any changes to this Agreement and to review such changes.

This Agreement governs your use of onscribe.com and any and all services offered by us on onscribe.com, whether or not you are an OnScribe Member (as defined below). Certain provisions of this Agreement only apply to you if you are an OnScribe Member. You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to: use services offered by us on onscribe.com, visit onscribe.com, and/or submit information to onscribe.com. You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with this Agreement, we may monitor your access and use of onscribe.com in accordance with our Privacy Policy.

By clicking on the “I agree” button during the subscription process, you become an “OnScribe Member.” As an OnScribe Member, you are able to access Participating Sites with one password from onscribe.com. “Participating Sites” means certain subscription-based online service providers that allow OnScribe Members access by entering one password on onscribe.com. Please note that there is no guarantee that any particular online service will be, or continue to be, a Participating Site. Participating Sites are subject to change at any time.
We do not approve or endorse the contents, products or services of any Participating Sites. You hereby acknowledge and agree that we have no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of the contents or services of any Participating Sites. You may find the contents or services of Participating Sites to be offensive, harmful, indecent, objectionable, inaccurate or deceptive, and you hereby waive any legal or equitable rights or remedies you have or may have against us with respect to such Participating Sites.  We are not responsible for the activities or policies of Participating Sites. Your activities on the Participating Sites are governed by the Participating Site’s terms of use and privacy policies.

If you are an OnScribe Member, you agree to pay the subscription fees and any other charges incurred in connection with your OnScribe Membership, including applicable taxes (collectively, the “Charges”), at the rates in effect when the Charges were incurred. If you choose access to areas containing premium content or services during the subscription process, your access to such areas may be subject to additional fees, terms and conditions.

If you are an OnScribe Member, you agree that we may automatically charge monthly Charges to your credit card or debit card that has a MasterCard or Visa logo (your “Payment Method”) on a monthly basis until we terminate your OnScribe Membership or you cancel your OnScribe Membership, as set forth below. Unless otherwise stated differently, month or monthly refers to your billing cycle. We will bill all Charges automatically to your Payment Method 5 days before the monthly anniversary of the later of the date you became an OnScribe Member or the end of your free trial (the “Charge Date”). The 5-day period before the monthly anniversary of the later of the date you became an OnScribe Member or the end of your free trial shall be referred to as the “5-Day Charge Period.”

All Charges are non-refundable except as specifically set forth in this Agreement. For the avoidance of doubt, you will not be entitled to a refund from us if a Participating Site cancels, terminates, modifies, or otherwise varies its online service. You will also not be entitled to a refund from us if a Participating Site ceases to allow access via onscribe.com.

Free trial periods, when offered by us, are available only for first time subscribers and are limited to one per household. If available at the time of your subscription, your free trial period will begin when you click on “Start Subscription” during the subscription process. You will not incur any Charges if you cancel your OnScribe Membership at any time during the free trial period. To cancel, log into OnScribe.com and click on “Your Account” and follow the cancellation instructions. If you do not cancel your OnScribe Membership within your free trial period, then your OnScribe Membership will automatically continue at the monthly rate for the plans you selected. The free trial offer cannot be combined with any other offer.
Internet access and a Payment Method accepted by us is required to obtain a free trial. Your Payment Method is a security deposit during your free trial. Upon clicking on “Start Subscription,” your Payment Method will be authorized for approximately one month of Charges. In some instances, your available balance or credit limit may reflect such authorization. However, if you decide to cancel your OnScribe Membership prior to the end of your free trial, then your Payment Method will not be charged. You authorize us to automatically renew your subscription and charge on your Payment Method the monthly Charges once your free trial period expires. YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL PERIOD HAS ENDED OR THAT CHARGES HAVE BEGUN. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL TO AVOID CHARGES TO YOUR PAYMENT METHOD.

If you are an OnScribe Member, your OnScribe Membership will automatically renew, unless we terminate your OnScribe Membership or you cancel your OnScribe Membership pursuant to this Agreement. Upon each monthly renewal of your OnScribe Membership, we will automatically charge on your Payment Method the monthly Charges for the plans you selected during your subscription period.

If you are an OnScribe Member, you may cancel your OnScribe Membership at any time by clicking on Your Account and following the cancellation instructions. The effect of your cancellation is as follows:

1. Cancellation during Free Trial Period You will not incur any Charges and we will not automatically renew your OnScribe Membership if you cancel your OnScribe Membership at any time during your free trial period.
2. Cancellation during the 5-Day Charge Period You will receive a refund of Charges paid for the upcoming month, we will not automatically renew your OnScribe Membership, and your OnScribe Membership will terminate at the end of the 5-Day Charge Period, if you cancel your OnScribe Membership during the 5-Day Charge Period.
3. Cancellation After the 5-Day Charge Period You will not receive a refund of Charges paid for the upcoming month, we will not automatically renew your OnScribe Membership after the upcoming month, and your OnScribe Membership will terminate at the end of the upcoming month, if you cancel your OnScribe Membership after the 5-Day Charge Period.

We reserve the right to terminate or restrict your OnScribe Membership, without notice, if you breach this Agreement, or for any or not reason whatsoever.

onscribe.com is not intended to be used by, and is not directed to, anyone under 18 years of age. You represent that you are at least 18 years of age. If we receive a complaint which states that a user is under 13 years of age, we will comply with the requirements of the Children’s Online Privacy Protection Act of 1998 (“COPPA”).

Your right to access and use onscribe.com is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use onscribe.com for lawful purposes and pursuant to the terms and conditions of this Agreement and our Privacy Policy.

Your access and use of onscribe.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of onscribe.com or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of onscribe.com and/or any portion or feature of onscribe.com at any time in our sole discretion and without prior notice.

Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or our Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of onscribe.com; or (iii) through the use of onscribe.com, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use onscribe.com.

You shall not:

• metatag or frame onscribe.com, without our prior express written permission;
• disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of onscribe.com are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
• interfere with or disrupt onscribe.com or servers or networks connected to onscribe.com;
• “stalk” or otherwise harass other users;
• harm minors in any way
• impersonate any person or entity, including, but not limited to, any employee, officer or director of OnScribe, Inc., forum leader, guide or host, or falsely state or misrepresent your affiliation with a person or entity;
• forge headers;
• disguise the origin of any content transmitted through onscribe.com; or
• Collect or store personal data about other users.

onscribe.com may act as a venue, through its blogs, messaging, chat rooms, bulletin boards and other forums (collectively, the “Forums”), allowing the users to contribute information and make statements (“User Generated Content”). We are not involved in the actual transmission of User Generated Content provided for in the Forums. As a result, we do not approve or endorse any User Generated Content in the Forums. You hereby acknowledge and agree that we have no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Generated Content provided for by you or any other person or entity in the Forums. You may find User Generated Content posted in the Forums by other users to be offensive, harmful, indecent, objectionable, inaccurate or deceptive, and you hereby waive any legal or equitable rights or remedies you have or may have against us with respect to such User Generated Content. Please use caution and common sense, and do not rely solely on User Generated Content published in the Forums. Without limiting the generality of the foregoing, and although we do not regularly review User Generated Content provided for in the Forums, we reserve the right, but not the obligation, to remove or edit any User Generated Content in the Forums.

Immediately report problems with the Forums to us at info (a) onscribe dot com

If you transmit, submit or post information to onscribe.com that is not Federally trademarked and/or copyrighted, you automatically grant us and our affiliates the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below). Provided that you have obtained prior written permission from us to transmit, submit or post information to onscribe.com that is Federally trademarked and/or copyrighted, you automatically grant us and our affiliates the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.
You shall not transmit, submit or post the following to onscribe.com:

• Information that infringes our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
• Information that violates any law, statute, ordinance or regulation;
• Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to us or third parties or that infringes on our or any third party’s rights of publicity or privacy;
• Information that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
• Information that is false, inaccurate or misleading;
• Commercial advertisements or solicitations without our written permission; or
• Federally Trademarked and/or Copyrighted information without our written permission.

Although we do not regularly review your transmissions, submissions or postings, we reserve the right (but not the obligation) to edit, refuse to post or remove your transmissions, submissions or postings. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Content you post or store on the divroceu.com or provide to onscribe.com. Pursuant to our Privacy Policy, we may review transmissions, submissions or postings made by you to determine, in our sole discretion, your compliance with this Agreement.

You shall be solely responsible for all your transmissions, submissions or postings (i.e., your own User Generated Content) and the consequences of transmitting, submitting or posting them.

The names "onscribe.com" and "OnScribe" and our graphics, logos, page headers, button icons, scripts, and service names are our or our affiliates’ trademarks or trade dress, in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without our prior express written permission, which permission may be withheld in our sole discretion. We make no proprietary claim to any third-party names, trademarks or service marks appearing on onscribe.com. Any third-party names, trademarks, and service marks are property of their respective owners.

The information, advice, data, software and content viewable on, contained in, or downloadable from, onscribe.com (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are copyrighted by, or otherwise licensed to, us or our Content suppliers. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on onscribe.com (the “Software”) is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.

You shall be solely responsible for any damage resulting from your infringement of our or any third party's intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.

Your use of the content, trademarks, collective work or other features of Participating Sites is governed by the Participating Site’s terms and policies. You are solely responsible for any damage resulting from your infringement of any Participating Site’s intellectual property rights.

We encourage and permit you to include text links to content on onscribe.com on your website(s), provided that: (a) any text-only link must clearly be marked “onscribe.com,” (b) any link that is not text-only must be our approved logo and accompanying code; (c) the link must further onscribe.com and its purpose; (d) the appearance, position, and other aspects of the link and host website may not be misleading, fraudulent, or in any other manner damage or dilute the goodwill associated with our name and trademarks, as determined by us in our sole discretion; (e) the appearance, position and other aspects of the link and host website may not create the false appearance than an entity other than us is associated with the link, or that the host website is sponsored by us; (f) the link, when activated by an internet user, must display onscribe.com full-screen and not with a “frame” on the linked website; and (g) we reserve the right to revoke our consent to the link at any time, in our sole discretion, upon notice to you or by amending this Agreement.

We are not responsible for any information, content, or materials contained or provided for on any such host website. Links to onscribe.com are allowed solely for convenience to internet users and to further onscribe.com and its purpose, and are not intended as an endorsement by us of the organization or individual operating the host website or a warranty of any type regarding the host website or the information on the host website.

You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor onscribe.com or any portion of onscribe.com or for any other purpose, without our express written permission which may be withheld in our sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from onscribe.com without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of onscribe.com or any activities conducted on onscribe.com; or (iv) bypass measures we may use to prevent or restrict access to onscribe.com. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials form onscribe.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You shall not collect or harvest any personally identifiable information, including account names, from onscribe.com. You shall not use any communication systems provided on onscribe.com (i.e., Forums or email) for any commercial or solicitation purposes. You agree not to solicit for commercial purposes any users of onscribe.com without our prior, written consent.
Electronic Communications
When you visit onscribe.com or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by e-mail or by posting notices on onscribe.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use onscribe.com, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of onscribe.com.

There may be provided on onscribe.com links to other websites belonging to our advertisers, business partners, affiliates, Participating Sites and other third parties.  Such links do not constitute our endorsement of those websites, nor the products or services listed on those websites.  We are not responsible for the activities or policies of those websites. We do not endorse or recommend the products of any particular advertiser, business partner, affiliate, Participating Site or other third party.

It is our policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. We shall in appropriate circumstances disable and/or terminate the accounts of users who may infringe or repeatedly infringe our or others’ copyrights or other intellectual property rights.

Notifications (each a “Notification”) of claimed copyright infringement should be sent by either express mail or U.S. mail to our designated agent. Our designated agent contact information is set forth below:

Address of designated agent to Which Notification Should be Sent:

OnScribe, Inc.
Attn: Arthur Frischman
601 N Congress Avenue
Suite 303
Delray Baech, FL 33445

Facsimile number of designated agent: 561-243-3249
Email address of designated agent: Arthur (a) onscribe dot com

Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the Notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512:
We will remove or disable access to the material that is alleged to be infringing;
We will forward the written Notification to the alleged infringer ("Subscriber"); and
We will take reasonable steps to promptly notify the Subscriber that we have removed or disabled access to the material.
Counter Notification:

Pursuant to Title 17, United States Code, Section 512(g)(3), a Subscriber may counter a Notification by providing a written communication (“Counter Notification”) to our designated agent that includes substantially the following:
A physical or electronic signature of the Subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which our offices may be found, and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512:
We will promptly provide the Complaining Party with a copy of the Counter Notification;
We will inform the Complaining Party that we will replace the removed material or cease disabling access to the removed material within ten (10) business days; and
We will replace the removed material or cease disabling access to the removed material not less than ten (10), nor more than fourteen (14) business days following receipt of the Counter Notification, provided our designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the removed material on our network or system.

The Content and all services and products associated with onscribe.com are provided to you on an "as-is" and “as available” basis. WE make no representations or warranties of any kind, express or implied, as to the operation of onscribe.com or the information, content, materials, products or services included on or associated with onscribe.com. You expressly agree that your use of onscribe.com and all products and services included on or associated with onscribe.com is at your sole risk.

we do not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content or the services and products associated with onscribe.com, nor the safety, reliability, title, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the Content or the services and products associated with onscribe.com. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content and the services and products associated with onscribe.com. we make no representation, warranty or guarantee that the Content that may be available for downloading from onscribe.com is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

onscribe.com is controlled and offered by us from our facilities in the United States of America. We make no representations that onscribe.com is appropriate or available for use in other jurisdictions. If you access or use onscribe.com from other jurisdictions, you do so by your own volition and are solely responsible for compliance with local law.

WE shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this Agreement; (ii) your access and use of onscribe.com or any participating site; (iii) your DELAY IN ACCESSING OR inability to access or use onscribe.com or any participating site for any reason; (iv) your downloading of any of the Content or the Collective Work for your use; (v) your reliance upon or use of the Content or the Collective Work, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH onscribe.com, OR OTHERWISE ARISING OUT OF THE USE OF onscribe.com, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE, OUR AFFILITES AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICRES, EMPLOYEES AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.

YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ONSCRIBE.COM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

You shall defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by us; (iii) your access or use of onscribe.com or any Participating Site; (iv) access or use of onscribe.com under any password that may be issued to you; and/or (v) your transmissions, submissions or postings (i.e., your own User Generated Content).

You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Palm Beach County, Florida, or the United States District Court, Southern District of Florida. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

You agree that: (i) onscribe.com shall be deemed solely based in the State of Florida; and (ii) onscribe.com shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of Florida. This Agreement is to be governed by and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Palm Beach County, Florida.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. By using onscribe.com you consent to these restrictions.
You and we shall select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and us, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Palm Beach County, Florida.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or we be entitled to punitive damages and both you and we hereby waive your and our respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.

All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement and our Privacy Policy represent the entire understanding and agreement between you and us regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

If you have questions, comments, concerns or feedback regarding this Agreement or onscribe.com, please contact us via any of the methods set forth below:

Email: info@onscribe.com

Mail:
OnScribe, Inc.
601 N Congress Avenue
Suite 303
Delray Beach, FL 33445