Terms of Service
These Terms of Service Agreement (this “Agreement”) is entered into by and between SiteHero LLC, a Texas limited liability company (“SiteHero”), and you, and is made effective as of the earlier of the date of your use of this website (“Site”) or the date of your other electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services (each a “Service”) purchased or accessed through this Site (the Site and Services, individually and collectively, the “SiteHero Sites”), and is in addition to (not in lieu of) any specific terms and conditions that apply to any particular Services.
Whether you are simply browsing or using SiteHero Sites or purchase Services, your use of the SiteHero Sites signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and the applicable product agreements, each and all of which are incorporated herein by reference. By using the SiteHero Sites, you also agree to the terms of the following policies:
If you join the Hero’s League Member’s Program, you will also be bound by: (a) the Hero’s League Terms and Conditions; and (b) the Hero’s League Policies and Procedures.
Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated
The terms “SiteHero”, “we”, “us” or “our” shall refer to SiteHero. The terms “you”, “your”, “User” or “Buyer” shall refer to you and, more generally, to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1. Changes to this Agreement. SiteHero may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of the SiteHero Sites after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) the SiteHero Sites. In addition, SiteHero may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information current. SiteHero assumes, and shall have, no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
2. Eligibility / Authority. The SiteHero Sites are available only to Users who can form legally binding contracts under applicable law. By using the SiteHero Sites, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, SiteHero finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. SiteHero shall not be liable for any loss or damage resulting from SiteHero’s reliance on any instruction, notice, document or communication reasonably believed by SiteHero to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, SiteHero reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
3. Accounts. In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to SiteHero that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If SiteHero has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, SiteHero reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s
4. Transfer of Data Abroad. If you are visiting this Site or otherwise using the SiteHero Sites from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By using the SiteHero Sites, you are consenting to such transfers.
5. Availability of Website/ Services. Subject to the terms and conditions of this Agreement and our other policies and procedures, we endeavor to use commercially reasonable efforts to attempt to provide the SiteHero Sites on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time the SiteHero Sites may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of the SiteHero Sites on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
6. Account Security and SiteHero Systems. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
6(A). The Services, including all related equipment, networks and network devices are provided only for authorized customer use. SiteHero may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
6(B). Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. SiteHero may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
6(C). Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by SiteHero of an issue, we reserve the right to leave access to services disabled.
6(D). SiteHero reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
7. Purchase of Domains You may purchase domains through the SiteHero Sites either: (A) by making a one-time payment in full; or (B) by financing the purchase over a period of time with installment payments, each as more fully described below.
7(A) The Domains Available for Purchase: All domains listed on the SiteHero Sites (each, a “Listed Domain”) are owned exclusively by one of the following: (1) SiteHero.com, (2) its principals, or (3) a third-party seller who have registered to sell domains with and through the SiteHero Sites.
7(B) What You Are Purchasing: When you enter payment through any of the authorized payment providers on the SiteHero Sites, you will be making payment for the Listed Domain name only and for the right to use that domain in the future. No images, hosting, logos, or any other rights will be transferred with the domain.
7(C) Purchase of Domains Through a One-Time Payment: You may purchase a “Listed Domain through the SiteHero Sites by making a one-time payment in the amount required for purchase of such domain through one of the authorized payment providers on the SiteHero Sites (a “One Payment Purchase”).
7(D) Financing Option for the Purchase of Domains: If you want to buy a “Listed Domain, but do not wish to make a One Payment Purchase, SiteHero will allow you to finance the purchase of the Listed Domain over a single or multi-year period (in each case, the “Payment Plan Purchase Option”), as follows:
If you elect the Payment Plan Purchase Option, you agree to make installment payments in accordance with an installment payment plan (each an “Installment Payment”). If you elect the Payment Plan Purchase Option, you agree to pay each Installment Payment in full on or before the due date for such Installment Payment. Under the Payment Plan Purchase Option, you may select payments schedule of 12-months, 24-months, 36-months, 48-months or 60-months.
7(D)i. When a Listed Domain is purchased under the Payment Plan Purchase Option, it will be held in the SiteHero account at the following registrar Uniregistry.com. The domain will have a registrar-lock until all payments on the domain have been made in full. Once paid in full, the domain will be transferred to your own account at the following registrar Uniregistry.com. In the event that any payment on the schedule of the Payment Plan Purchase Option is missed or paid in any amount less than the full amount then owing, the domain will stop working, providing that we may, in our discretion, provide you with a limited courtesy period (e.g., three to five days before we disable the site). You will have an opportunity make a late payment to bring your Installment Payments current as described in subsection D(ii) immediately below.
7(D)ii. In the event that you miss a payment (“Missed Payment”) or make any payment in less than the full amount owing (“Partial Payment”) on the due date of an Installment Payment (“Due Date”) you must bring your account current (by making all outstanding payments) before the ninetieth (90th) day following the Due Date. If you fail to do so, , you will be in default (“Default”), and as such you will immediately lose all rights with respect to the domain. In the event of Default, you understand and agree that you will immediately and permanently lose all rights to the domain and you shall not be entitled to any refund of any monies paid under the Payment Plan Purchase Option (whether as Installment Payments, or Partial Payments).
7(D)iii. Once all payment amounts for the domain has been received in full by SiteHero, the lock will be removed from the domain, you will be given full ownership of the domain, and you will be allowed to transfer the domain to any registrar of your choice.
7(E) Post-Purchase Obligations. Once you have paid in full for a domain and after ownership has been transferred to you: (i) you may register your domain with the registrar of your choosing; and (ii) you will be required to pay yearly renewal fees to whatever registrar you select, in accordance with the terms specified by such registrar. You understand that registration fees vary by registrar, and it will be your responsibility as the new owner of the domain to keep its registration current.
7(F) Returns Policy: All through the SiteHero Sites sales are final. Notwithstanding the foregoing, if you may cancel consulting services more than 24 hours in advance of the scheduled start of such services; you can receive refund with respect to such canceled consulting services.
7(H) Auction Purchases: SiteHero may elect to conduct domain auctions (an “Auction”). With respect to any Auction, Buyer acknowledges that bidding conducted at the SiteHero Sites is a legally binding contract to purchase the domain, provided that your bid is the winning (highest) bid at the time of expiration of the Auction. Accordingly, if you are the winning bidder in any auction, you authorize SiteHero to charge your credit card for the full amount of your winning bid price. Domains sold through any Auction are considered “As Is” and will not be eligible for return.
7(I) Verification of Sales: Prior to the completion of the sale of a Listed Domain through the SiteHero Sites, SiteHero may elect to conduct a final verification for the purposes of confirming that the Listed Domain is indeed for sale by the current registrant and that there are no issues that, in SiteHero’s judgment, prevent transfer of the domain to Buyer. While purchase orders are typically approved immediately upon receipt of payment, a sales receipt does not render the transaction complete. In the event that circumstances arise affecting SiteHero’s ability to completely deliver a domain to Buyer, the sale shall be rescinded, and all charges to Buyer shall be appropriately refunded.
7(J) Buyer’s Duty of Investigation. SiteHero is not responsible in determining whether names of Listed Domains infringe upon the legal rights of third parties. Rather, it is Buyer’s sole responsibility to research whether the purchase and use of a domain will infringe upon the legal rights of other entities and individuals, including but not limited to trademark infringement
7(K) Use of Buyer Data: Please note that the information you submit to SiteHero in order to purchase a domain name will be used for the Whois information on the Listed Domain(s) you purchase. If you do not wish for your information to be public in Whois, please call us prior to making the purchase so we can coordinate the transfer of the domain appropriately.
7(L) Your Responsibilities and Liability. You understand that if you elect to buy a domain under the Payment Plan Purchase Option, you have the same responsibilities and legal liability with respect to your use and operation of the domain as if you had purchased that domain outright (i.e., as a One Payment Purchase). For the avoidance of doubt, this includes, without limitation, the liquidated damages obligations in Section 9 and the indemnity obligations in Section 14.
8. Additional Reservation of Rights. SiteHero expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for the following reasons (in each case as determined by SiteHero in its sole and absolute discretion): (i) to correct mistakes made by SiteHero in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of SiteHero, its officers, directors, employees and agents, as well as SiteHero’s affiliates, including, but not limited to, instances where you have sued or threatened to sue SiteHero.
SiteHero expressly reserves the right to terminate, with or without notice to you, any and all Services where, in SiteHero’s sole discretion, you are harassing or threatening SiteHero and/or any of SiteHero’s employees.
9. Liquidated Damages. As more fully set forth in the Acceptable Use Policy, we do not tolerate the transmission of Spam. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any Spam or other unsolicited bulk email. You agree that you are responsible for any damages caused by Spam sent from any domains that you have purchased from SiteHero or that you otherwise control. In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.
10. HIPAA Disclaimer. We are not “HIPAA compliant.” You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. SiteHero does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that SiteHero is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact https://support.sitehero.com
11. Links to Third-Party Websites. The SiteHero Sites may contain links to third-party websites that are not owned or controlled by SiteHero. SiteHero assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, SiteHero does not censor or edit the content of any third-party websites. By using the SiteHero Sites found at this Site, you expressly release SiteHero from any and all liability arising from your use of any third-party website. Accordingly, SiteHero encourages you to be aware when you leave the SiteHero Sites found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
12. Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. SITEHERO ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL OF SITEHERO’S THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SITEHERO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND SITEHERO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY SITEHERO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ANY CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
13. Limitation of Liability. IN NO EVENT SHALL SITEHERO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT SITEHERO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL SITEHERO’S TOTAL AGGREGATE LIABILITY EXCEED $10,000.00 U.S. DOLLARS.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
14. Indemnification. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF ANY AND ALL DOMAINS YOU PURCHASE FROM SITEHERO: (A) COMPLIES IN ALL RESPECTS WITH ALL APPLICABLE LAWS; AND (B) DOES NOT INFRINGE THE TRADEMARK, TRADENAME OR OTHER RIGHTS OF ANY THIRD PARTY. MOREOVER, YOU AGREE TO FULLY INDMENIFY AND HOLD HARMLESS SITEHERO (TOGETHER WITH ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONSULTANTS, AS WELL AS ITS CORPORATE PARENTS OR SUBSIDIARIES, IF ANY) FROM ANY AND ALL COMMENCED OR THREATENED LEGAL ACTIONS THAT MAY ARISE FROM, OR RLEATE TO, YOUR OPERATION OR USE OF THE ANY SUCH DOMAINS.
15. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
16. No Third-Party Beneficiaries. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
17. US Export Laws. The SiteHero Sites are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using the SiteHero Sites found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access the SiteHero Sites found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access the SiteHero Sites found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the SiteHero Sites found at this Site.
18. Compliance with Local Laws. SiteHero makes no representation or warranty that the content available on the SiteHero Sites found at this Site are appropriate in every country or jurisdiction, and access to the SiteHero Sites found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access the SiteHero Sites found at this Site are responsible for compliance with all local laws, rules and regulations.
19. Title and Headings. The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.
20. Independent Covenants; Severability. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
21. Choice of Law; Jurisdiction and Venue. This Agreement shall be governed by the laws of the State o Texas, U.S.A., excluding its choice of law rules. The parties agree that the forum for dispute resolution under this Agreement shall be located exclusively in the courts of the City of Austin, State of Texas, U.S.A. The parties specifically exclude the United Nations Convention of Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act from application to this Agreement.