Terms of Service

Welcome! We offer you the opportunity to test Web sites, software, services and media applications of bluestring.com ("BlueString") for your personal use on the condition that you agree to the following terms.

BY USING OR REGISTERING FOR BlueString^TM, YOU ARE SIGNIFYING ELECTRONICALLY THAT YOU AGREE TO ABIDE BY THE FOLLOWING TERMS.

1. Please read these terms carefully.
   
   These terms, the terms of the plan or offering selected by you, and any supplemental terms posted on BlueString^TM govern your testing and use of the beta version of BlueString^TM (collectively, the "Agreement" or "Terms" or "Terms of Service"). BlueString^TM is provided by AOL LLC, its subsidiary Xdrive, LLC ("Xdrive") and their affiliates (collectively, "we" or "us"). IN THIS AGREEMENT, YOU ARE CONSENTING TO THE TERMS OF OUR PRIVACY POLICY, YOU AGREE TO RECEIVE NOTICES AND TERMS ELECTRONICALLY, YOU AGREE TO PROVIDE FEEDBACK TO US, AND YOU AGREE TO RESOLVE ANY DISPUTES WITH US IN VIRGINIA. Do not beta test BlueString^TM if you do not agree to these terms. In this Agreement, we use the term "Content" to mean text, pictures, music, video, data and other content, and we use the term "you" to mean you and any individual or entity that uses or signs up for BlueString^TM.
   
   
2. We may modify this Agreement.
   
   We may modify this Agreement at any time. You agree to review this Agreement periodically so that you will be apprised of any changes. You may find a posted version of this Agreement by clicking on the "Terms of Service" link located at http://www.bluestring.com/terms.jsp. If you continue to use BlueString^TM after we post or notify you about changes to the Agreement, you signify your acceptance of the new terms. If you disagree with any changes to the terms, you must discontinue your use of BlueString^TM before the changes take effect.
   
   
3. About the BlueString^TM Beta Testing Program.
   
   BlueString^TM is an experimental application that we offer "AS IS," for beta testing only. YOU UNDERSTAND AND AGREE THAT BlueString^TM HAS NOT BEEN MADE AVAILABLE FOR GENERAL PUBLIC RELEASE AND THAT YOU ARE TESTING THE BETA VERSION OF THE PRODUCT AT YOUR SOLE RISK. BlueString^TM may contain errors, bugs, or other problems not usually associated with generally available products. We urge you to backup all data, files and applications that you may use with BlueString^TM. We are under no obligation to provide fixes or upgrades. We may discontinue any version of BlueString^TM without notice. We have no obligation to offer a commercial version of the product.
   
   BlueString^TM includes limited online storage service by Xdrive as a convenience to you; however, please take note that we are not and will not be responsible for lost or missing data or Content. You assume full responsibility to back up any Content that you elect to upload, store or share through BlueString^TM.
   
   We offer you the opportunity to test the beta version of BlueString^TM on the condition that you agree to provide us feedback concerning your experiences with BlueString^TM. By beta testing BlueString^TM, you agree that we may contact you by phone, by e-mail or by other communication to obtain your feedback. You also agree to utilize message boards and other communications tools set up by AOL for feedback regarding BlueString^TM. Do not use or test any beta version of BlueString^TM if you do not agree to provide feedback to us.
   
   
4. Registration
   
   You must register with us in order to use certain features of BlueString^TM. In order to register, you must be legally capable to enter into contracts, you must provide true and accurate registration information and you must keep this information current. We may require that you use or obtain a user ID authorized by us (such as, an AOL screen name) to create your account and to authenticate your access to BlueString^TM ("User ID"). You agree to abide by any separate terms and policies that will apply to your registration and use of such User ID. We may deny any registration in our discretion.
   
   If you register with BlueString^TM, you will also get an online storage account with our Xdrive service. Your User ID and password with BlueString^TM will also allow you to log in, access and use Xdrive. You understand and agree that any direct access and use of Xdrive by you shall be governed by Xdrive®?s Terms of Service and its Privacy Policy. Please review Xdrive?s terms if you elect to use Xdrive?s services.
   
   
5. Privacy Policy.
   
   BlueString^TM is part of the network of Web sites and services of the AOL Network. TheAOL Network Privacy Policy explains the practices that apply to your information when you use BlueString^TM. Your ongoing use of BlueString^TM signifies your consent to the information practices disclosed in our Privacy Policy. You can review the Privacy Policy by clicking on the Privacy Policy link located on the home page of www.bluestring.com.
   
   
6. Your Responsibilities.
   
   BlueString^TM is for your personal use only. You are responsible for all activities under your account, including all legal liability incurred from the use of your account by you or others. You are responsible for keeping your password confidential. You may use BlueString^TM for lawful purposes only. You may not submit or transmit through BlueString^TM any Content or material or otherwise engage in any conduct that:
   
   
   • violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
   • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
   • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
   • impersonates any person, business or entity, including our company and our employees and agents;
   • contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
   • encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
   • violates this Agreement, guidelines or any policy posted on any Service;
   • may damage, disable, overburden, or impair our servers or networks;
   • interferes with any other party's use and enjoyment of the Service; or
   • attempts to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means.
   
   
   We may take any legal and technical remedies to enforce this Agreement, including without limitation, immediate termination of your account or access to the Service if we believe in our discretion you are violating this Agreement.
   
   
7. No Spam.
   
   You may not use BlueString^TM or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications such as e-mail. You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use BlueString^TM to violate the terms of this section. We may terminate your access or use of BlueString^TM immediately and take any other legal action if you, or anyone using your access to BlueString^TM, violates this section. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communications networks.
   
   
8. Important terms about transmitting, posting or sharing Content through BlueString^TM.
   
   You agree to abide by the following terms and conditions when you transmit, post or share Content through BlueString^TM:
   
   
• You may not violate the ownership rights of others.
  
  Most of the Content you'll find on the Internet, TV and other media sources are subject to copyright protection. The person or company that created that Content owns the copyright to the work and has the exclusive right to reproduce and distribute it. Do not assume that such Content, whether posted on the Web or other media, is available for your re-use. You acknowledge that third-party sites on the Internet may have their own terms and conditions that govern your use of those sites and that such terms may specify what you can or cannot do with their Content. You may not copy someone's copyrighted work without permission. You understand and agree that violating someone?s copyright would be a violation of this Agreement and may subject you to civil or criminal liability. Therefore, you agree that you may only transmit, post or share Content on BlueString^TM that you own or that you have express permission to use.
  
  
• Republishing of Content from BlueString^TM without authorization is prohibited.
  
  You may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of BlueString^TM or the Content on BlueString^TM (other than the Content you directly own) without the express written authorization of the owner of the Content. You may not use any data mining, robots or similar data gathering or extraction methods in order to violate the provisions of this section.
  
  
• You may not violate the privacy rights of others.
  
  Privacy is the right to be left alone from unwanted publicity. Publicly posting someone else's image or personal information without their permission could violate their privacy. People, particularly famous people, also have a right not to have their images used for commercial or promotional purposes without authorization, which is called a right of publicity. Therefore, you agree that you shall not violate the privacy or publicity rights of others when transmitting, posting or sharing Content through BlueString^TM.
  
  
• You may not use BlueString^TM to defame others.
  
  Defamation generally is defined as a false statement that injures someone's reputation and exposes that person to public contempt, hatred, ridicule, or condemnation. Do not transmit, post or share Content that may injure another?s reputation.
  
  
• Consider your own rights when posting Content.
  
  You understand and agree that any Content you transmit, post or share on BlueString^TM and make available to others can be downloaded, saved and used by such users. These users may then distribute your Content to others, or may order prints or other merchandise containing your Content. You should also be careful when posting Content such as your own pictures. Once you have done so it may be difficult to control the download and use of your pictures by others, which could compromise your own privacy. Before posting Content such as pictures or videos of your child, consider if there is any information contained in the picture (name of child?s school for example) that you would rather be kept private. We encourage parents to keep their children?s safety in mind when sharing any information about them online. You assume all risk by sharing your Content with others.
  
  
• You may not transmit, post or share Content that violates any applicable law, regulation, or the BlueString^TM Content Guidelines.
  
  The BlueString^TM ContentGuidelines ("Guidelines/b>") describe the types of objectionable Content that we prohibit on BlueString^TM. Please review the Guidelines, which you agree you will abide by when you use BlueString^TM. We may change or update the Guidelines at any time; please check the Guidelines from time to time so that you are apprised of any changes.
  
  
• Be sure you have the appropriate rights to use Content.
  
  If you want to use Content posted by other members, you generally need both the permission of the owner of the Content (e.g., such as the photographer for pictures and videographer for video) and the people in appearing in Content such as photographs and videos (for privacy reasons). By transmitting, posting or sharing Content through BlueString^TM, you represent and warrant to us and other users of BlueString^TM that (a) you own the copyrights to the Content and that the Content will not violate anyone else?s rights, including publicity and privacy rights, (b) the Content will not defame another, (c) you have obtained the appropriate releases to use the likeness of others, (d) regarding any video Content, you own all necessary rights to both the video and audio components of such video Content, (e) you have paid any applicable license, guild or other fees to third parties for reproduction of the video Content, and (f) your Content will comply with all terms of this Agreement.
  
  
• Your license to us.
  
  We do not claim ownership of any Content that you may transmit, post or share through BlueString^TM; however, if you elect to submit Content on areas of BlueString^TM that are generally available to the public, you grant us, our parent and affiliates the right to publicly display, perform, transmit, distribute, copy and prepare derivative works of any Content in any format and through any channels or means of delivery (including devices, search engines, etc.) as determined by us.
  
  
• Creative Commons licenses.
  
  We may offer you the ability to grant a "Creative Commons" license to provide a baseline set of rights on what others can do with your Content while still maintaining reasonable copyright protection in the works that you own. Creative Commons is a not-for-profit organization dedicated to developing a set of free public licenses to enable authors to share their works with others. Please go to www.creativecommons.org for more information about Creative Commons. Any options for establishing a Creative Commons license will be made available through the "Creative Commons" link offered on BlueString^TM. You understand and agree that the license you select will become the default license for all Content that you upload to BlueString^TM in the future. You may only grant a Creative Common license for Content that you own. The license grants that you give to us above for Content that you upload and post on BlueString^TM still apply.
  
  


9. Monitoring; violations.
   
   We are not liable for Content provided by you or others. Certain Content may not be suitable to minors or other users. Therefore, you acknowledge that you are using BlueString^TM at your sole risk and that we have no liability to you for Content that may be offensive. You are responsible for supervising the use of BlueString^TM by any minor. We have no duty to monitor or pre-screen Content on BlueString^TM. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material. Violation of this Agreement (including any violation of the BlueString^TM Content Guidelines) may result in actions, without warning, that range from removal of Content, to suspension of access, to deletion of your User ID and account, to appropriate legal action.
   
   
10. Procedure for making claims of copyright infringement.
    
    We respect the intellectual property of others. If you believe that your work has been copied and is accessible on BlueString^TM in a way that constitutes copyright infringement, please follow the instructions on how to contact us to report possible copyright infringement.
    
    
11. We may limit abuses to the BlueString^TM service.
    
    YOU ACKNOWLEDGE THAT BlueString^TM IS INTENDED FOR PERSONAL USE; THEREFORE, WE MAY IN OUR COMPLETE DISCRETION ESTABLISH GENERAL OPERATING PRACTICES TO PREVENT ABUSES. WE RESERVE THE RIGHT TO MONITOR OUR SYSTEM TO IDENTIFY EXCESSIVE CONSUMPTION OF NETWORK RESOURCES AND TO TAKE SUCH TECHNICAL AND OTHER REMEDIES WE DEEM APPROPRIATE TO PREVENT ABUSES. YOUR CONSUMPTION OF BlueString^TM SERVICES MAY BE DEEMED EXCESSIVE IF, WITHIN ANY MONTH, YOUR USAGE GREATLY EXCEEDS THE AVERAGE LEVEL OF MONTHLY USAGE OF BlueString^TM'S USERS GENERALLY. IN THE EVENT YOU ARE DEEMED TO HAVE VIOLATED THIS POLICY, WE RESERVE THE RIGHT IN OUR DISCRETION TO ARRANGE A CUSTOM PRICING PLAN THAT WILL PERMIT YOU TO CONTINUE TO USE BlueString^TM.
    
    
12. Our license to you.
    
    We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use BlueString^TM subject to the terms of this Agreement. You may not use BlueString^TM in a manner that exceeds the rights granted for your use of the service and its Content, which includes unauthorized copying or distribution of the Content or creating an unauthorized derivative work. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content or BlueString^TM service. Your license terminates immediately upon cancellation or termination of your BlueString^TM or if we believe you are in violation of this Agreement.
    
    
13. Equipment and access.
    
    You must provide at your own expense the equipment and Internet connections that you will need to access and use BlueString^TM. Those costs are in addition to any fees you pay for use of any premium BlueString^TM products. If you are accessing BlueString^TM through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you elect to use your wireless applications (such as cell phones, wifi connections) to use certain BlueString^TM features, including any BlueString^TM mobile applications, your wireless carrier may charge standard fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access BlueString^TM through any wireless or other communications service. If you register to use any BlueString^TM mobile applications, you agree that we may communicate with you regarding BlueString^TM by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the mobile services may be communicated to us.
    
    
14. Third party sites and advertisers.
    
    You understand and agree that BlueString^TM is supported by advertisements. BlueString^TM may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on BlueString^TM are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
    
    
15. Use of software.
    
    We may make software available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the terms in this Section 15 shall govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single computer. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not sell or redistribute the software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this section.
    
    We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
    
    The software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the software with only those rights as set forth herein.
    
    
16. Export regulations concerning applications.
    
    BlueString^TM and its applications and software ("Applications") are subject to export and import laws, regulations, rules and orders of the United States and foreign nations. You must comply with these laws that apply to the Applications. You may not directly or indirectly export, re-export, transfer, or release the Applications, any other commodities, software or technology received from us, or any direct product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government.
    
    
17. Payment.
    
    We may offer certain plans or products for a fee. You agree to pay all charges for purchases that you make from us, including all applicable taxes, fees and surcharges. You must select a payment method to pay us for all charges. If you use a credit card or other electronic payment process, you must give us accurate billing and payment information and keep this information up-to-date in the "My Account" or "Billing" section of the applicable fee-based service. We will bill you through the payment method that is associated with your account. If you use a credit card or other electronic payment method, you authorize us to charge your designated payment method for these charges and to retain information about the payment method associated with your account. If we do not receive payment from your designated payment method, you agree to pay all amounts due upon demand by us.
    
    Each time you use BlueString^TM, you reaffirm that (i) we are authorized to charge your designated payment method; (ii) we may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges, even if your account is canceled or terminated.
    
    After 30 days from the date of any unpaid charges, your account will be deemed delinquent and we may terminate or suspend your account for nonpayment. We reserves the right to assess an additional 1.5 percent (or the highest amount allowed by law, whichever is lower) per month late charge if your payment is more than 30 days past due and to use alternate means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees incurred by us in our efforts to collect any remaining balances from you.
    
    You must notify us about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
    
    
18. DISCLAIMER OF WARRANTY; AS IS.
    
    WE PROVIDE BlueString^TM "AS IS" AND WITH ALL FAULTS. YOU ARE USING BlueString^TM AT YOUR OWN RISK. WE, OUR LICENSORS AND DISTRIBUTORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT BlueString^TM IS FREE OF DEFECTS AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT ALL DATA WILL BE SUCCESSFULLY OR SECURELY UPLOADED AND STORED ON BlueString^TM, OR THAT IT WILL MEET YOUR REQUIREMENTS. WE DISCLAIM THE IMPLIED WARRANTIES THAT BlueString^TM IS MERCHANTABLE, OF SATISFACTORY QUALITY, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. FURTHER, WE, OUR LICENSORS AND DISTRIBUTORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF BlueString^TM IN TERMS OF ITS CORRECTNESS, ACCURACY, PROFITABILITY OF THE SERVICE, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
    
    
19. LIMITATION OF LIABILITY.
    
    WE, OUR LICENSORS AND DISTRIBUTORS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF BlueString^TM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, PARTNERS, AGENTS OR RESELLERS (COLLECTIVELY, THE "AOL GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE BlueString^TM, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, CORRUPTION OF DATA, COMPUTER FAILURE OR MALFUNCTION. YOUR SOLE REMEDY WITH RESPECT TO ANY DISPUTE WITH US OR BlueString^TM IS TO CANCEL YOUR USE OF BlueString^TM.
    
    YOU ASSUME ALL RISK IN BACKING UP ANY DATA THAT YOU MAY TRANSMIT, UPLOAD OR STORE ON BlueString^TM.
    
    
20. Indemnification.
    
    You shall indemnify, hold harmless and, at our request, defend us and/or our licensors, officers, directors, employees, agents and representatives from and against any and all claims, liabilities, losses, damages, expenses and costs (including attorneys' fees and costs) relating to your breach of any provision under this Agreement or otherwise arising out of your use, or by users of your account, of the BlueString^TM service. We shall give you prompt notice of any such claim made against it, and you and we shall cooperate in the defense of any such claim, suit or proceeding, including appeals, negotiations and any settlement or compromise thereof, provided that we must approve the terms of any settlement or compromise, and such approval shall not be unreasonably withheld.
    
    
21. International use.
    
    We make no representation that BlueString^TM is appropriate or available for use in the country, geographic area or jurisdiction where you are located, and accessing BlueString^TM from territories where the Content is illegal is prohibited. You are responsible for compliance with local laws when you access and use BlueString^TM.
    
    
22. Cancellation, Termination.
    
    Unless you are on a commitment plan, you may cancel your BlueString^TM service at any time. Please go to https://bill.aol.com/changePlan/changePlan.adp for instructions on how to cancel a fee-based service. Your right to use BlueString^TM automatically terminates if you violate these Terms of Service or any rules or guidelines posted in connection with BlueString^TM. We also reserve the right, in our sole discretion, to terminate your access to all or part of BlueString^TM, for any reason, with or without notice.
    
    
23. U.S. GOVERNMENT END-USERS.
    
    BlueString^TM and any software products offered with BlueString^TM are a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial software" and "commercial computer documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the Tools with only those rights as set forth herein.
    
    
24. Electronic transactions and notices.
    
    You understand and agree that BlueString^TM is an online service and that we transact with our customers electronically. Your affirmative act of submitting your registration constitutes your signature to this Agreement. This Agreement and your electronic signature shall have the same force and effect as an agreement in writing. You further agree to receive all required notices from us electronically. WE MAY PROVIDE NOTICES TO YOU ELECTRONICALLY (1) VIA THE E-MAIL IF YOU HAVE PROVIDED US OR (2) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of BlueString^TM.
    
    
25. Injunctive relief.
    
    You acknowledge and agree that, notwithstanding any other provisions of this Agreement, your breach or threatened breach of this Agreement shall cause us irreparable damage for which recovery of money damages would be inadequate and that we, therefore, may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.
    
    
26. No support.
    
    We have no obligation to provide support services for BlueString^TM, although we may do so in our sole discretion.
    
    
27. Jurisdiction; Venue.
    
    You agree that the laws of the Commonwealth of Virginia govern this Agreement and any claim or dispute that you may have against us, without regard to Virginia?s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Commonwealth of Virginia, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
    
    PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE COMMONWEALTH OF VIRGINIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE COMMONWEALTH OF VIRGINIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
    
    
28. Miscellaneous.
    
    (a) This Agreement constitutes the entire agreement between you and us concerning the subject matter of this Agreement, which may only be modified by us. (b) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (c) If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties' original intent as nearly as practicable, and the remaining portions remain in full force and effect, or we may at its option instead terminate this Agreement. (d) The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only. (e) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (f) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. We may assign this Agreement to any entity at its sole discretion. (g) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (h) Neither party shall be in default or be liable for any delay, failure in performance or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. (i) Sections 6-11, 15, 16, AND 18 through 28 shall survive expiration or termination of this Agreement.