1.         Introduction.  Welcome to  "You”, “Your”, or "User" means anyone who joins, views, participates in or uses the internet Website known as or or any or all of its Services, content, products, or materials from the Services (collectively, “FromPain2Power” or “Website”).  “We”, “Our”, or “Us” refers to Empowering Enterprises, LLC, an Iowa Limited Liability Company, which is the legal entity that owns and controls the Website. 
2.         Consent to the TOU.   Please be aware that you must agree to this Terms of Use Agreement (“TOU”) in order to participate in, upload or download content, post information, view or use the Website in any manner.  These Privileges are sometimes referred to collectively as “Your Privileges to Access the Website” or “Your Privileges.”   By clicking “I Agree to these terms” located on the account set up window You expressly agree that You have fully read or have been given the opportunity to review the TOU and unconditionally agree to follow and be legally bound by them as well as all applicable laws, rules, and regulations.  For good and valuable consideration, the TOU constitutes a written and binding contract between You and Us, that has been signed and delivered by You to Us.   If You do not agree to be bound by the TOU, then do not click “I Agree” or otherwise access, download, or use any part of the Website. YOU MUST AGREE to the TOU in order to enjoy Your Privileges.  If you do not agree to the TOU, You do not have any Privileges to Access the Website.  If You view or use or participate in the Website without clicking “I Agree to these terms” then Your express affirmative conduct shall be deemed to have the same legal effect as if You would have clicked “I Agree to these terms” and You are bound to the same term of the TOU.  The TOU also includes as one of its terms the WARNING that is set forth above.
3.         Changes to the TOU. 
We reserve the right to change the TOU, or any previously revised TOU, from time to time as it deems necessary, and will post such change(s) and their effective date on this Website. You are required to periodically review the TOU for any changes and apprise yourself of these changes and their effective date.   You are deemed to have accepted them unless within 15 days of the effective date You expressly reject the change by sending notice of rejection by email to Us at In the event You reject the change, You shall no longer enjoy Your Privileges and Your privileges are terminated without further notice or act by Us.   If You continue to view or use or participate in the Website after rejecting the change(s) then You shall be deemed to have rescinded the rejection and You shall be bound to the TOU as changed.  You are not permitted to change the TOU in any respect without first obtaining Our express written consent, which may be denied in Our sole discretion. 
4.         Denial or Termination of Usage.   
We reserve the right to deny You or any other visitor at anytime Your Privileges without notice for any reason.
5.         Limitation of Your Privileges to Access the Website or Your Privileges. 
Subject to Your strict compliance with these TOU, We grant You Privileges to Access the Website on a limited, terminable, revocable, non-transferable, non-exclusive, non-assignable, and non-sub-licensable basis and not sold. You may use the Website and its available features only for non-commercial personal use on a single Device, subject to You keeping intact all copyright, trademark, and other proprietary notices. The material and all other “User-Generated Content” (“UGC”) posted on or through the Website may not otherwise be copied, rebroadcast, resold, reprinted, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way without first obtaining the Our express written consent, which may be denied in Our sole discretion. Furthermore using any UGC or any other materials posted on or through the Website upon any other Web Website or networked computer environment is prohibited.  You have no other Privileges to the Website or portions thereof, including but not limited to its databases, invisible pages, linked pages, underlying code, or other intellectual property it may contain, for any reason or use whatsoever. Also, decompiling, reverse-engineering, disassembling, or otherwise reducing the code used in any software contained in the Website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is strictly prohibited.
6.         User Age, User ID, and Passwords. 
 In order to enjoy Your Privileges You must be not less than 18 years of age, unless with submitted parental consent, and possess the capacity to form a binding contract with Us under the law of Iowa.   Furthermore, You must create a User account, select a User ID and password, and provide basic information about You.  All provided information must be true, accurate, and complete and You will maintain and update such information that it will remain true, accurate, current, and complete.  You may not impersonate another person when registering or otherwise use a pre-existing account, user ID, or password of another at any time. We reserve the Privilege to terminate any User who creates a user ID that impersonates someone else, or that may be protected by trademark or proprietary rights law, or that is vulgar, offensive, or otherwise inappropriate.  Your registration information will act as the basis to verify Your authenticity throughout your use of the Website. You are solely responsible for any and all use of Your account (whether by You or anyone using Your account). You are solely responsible for the confidentiality and security of Your account password and log-in information. You must notify Us immediately of any actual or suspected breach of security or unauthorized use of Your account.   Should You forget Your password, upon request, an e-mail containing your password will be forwarded to the e-mail address You entered during registration.
8.         User-Generated Content.  
From time to time You may post, upload, or transmit on or through the Website information, text, files, images, sounds, works of authorship, or any other materials [“User-Generated Content” or “UGC”].   All UGC must adhere to the terms set forth in these TOU.   You agree that all UGC will not be considered confidential.  You grant Us an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, publicly perform, create derivative works, or communicate to the public any such UGC on a world-wide basis.   You acknowledge that any UGC You post, upload, or transmit on or through the Website is accessible to third parties.  We are unable to control any usage of Your UGC by third parties who may view your UGC, and therefore, You disclose such information at Your own risk.  Under no circumstances do We have any obligation to check the accuracy or truthfulness of any UGC, or to monitor any User’s use of the Website.
9.         Prohibited User-Generated Content.  
Below is a partial list of the kind of UGC that is illegal or otherwise prohibited to post, upload, or transmit on or through the Website. Posting of any prohibited UGC by You (and anyone using Your account) may, in our sole discretion, result in termination of Your relationship with Us and Your Privileges to Access the Website. In addition, We reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, or otherwise posts UGC which We deem inappropriate or unacceptable, including, without limitation, removing the offending communication or prohibited UGC from the Website and reporting such violators to the appropriate legal authorities. Prohibited UGC includes, but is not limited to, that which
is unlawful or promotes or encourages illegal activity or abusive conduct;
violates the property, privacy and publicity Privileges of others;
is patently offensive or otherwise grossly objectionable, such as content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
is threatening, obscene, defamatory, vulgar, malicious, or libelous;
solicits personal information from anyone under the age of 18;
includes material that exploits people under the age of 18 in a sexual or violent manner;
displays pornographic or sexually explicit material of any kind or contains a link to an adult Web Website containing any such material;
involves the transmission of “junk mail,” “chain letters,” “spam,” or any other unsolicited mass mailing, e-mailing, or other communication (i.e., “spimming” or “spamming”);
is false or misleading;
violates Our or a third party’s intellectual property or proprietary Privileges;
includes any pirated computer programs or links to them;
includes information which circumvents any copy-protection devices;
includes pirated materials (music, video, photographs, etc.) or links to such pirated files;
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities (i.e., making or buying illegal weapons, planning or carrying out acts of terror, violating someone’s privacy, or providing or creating computer viruses);
solicits passwords or personally identifiable information;
includes a photograph of another person that You have posted without that person’s consent;
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
involves commercial activities or constitutes or includes any unauthorized promotion, sales, or other commercial activity such as contests, sweepstakes, barter, advertising, or pyramid schemes; and/or

Even though all of the above UGC is strictly prohibited, it is possible You will still be exposed to such items while using the Website and before We are able to address such prohibited UGC. If so, neither Us nor any of Our officers, directors, employees, shareholders, advertisers, or corporate partners will in any way be responsible for any damages (to or from any party) caused You related to any such exposure as You understand that by exercising Your Privileges You may be exposed to such prohibited UGC and other content from a variety of sources that may be inaccurate, offensive, indecent, objectionable, and otherwise not in conformance with the above rules. You hereby waive any and all legal or equitable rights or remedies You have or may have against Us with respect thereto.

10.    Removal of UGC.  
We may, but shall have no obligation to, investigate, review or remove any UGC You post on or through the Website that violates the TOU.  We reserve the right to preserve a record of any such UGC and turn all or a portion thereof over to law enforcement officials.  We reserve the right take appropriate legal action against anyone  who violates the TOU and make reports to applicable law enforcement agencies as We deem appropriate.

12.    Prohibited Conduct.  
You are solely responsible and liable for Your (and anyone) using Your account or exercising Your Privileges or other acts or omissions made on or through the use of the Website. You agree that You (and anyone using Your account) shall NOT engage in any activity which We deem inappropriate or unacceptable, including without limitation activity or conduct that:

interferes with or disrupt Our servers or networks connected to the Website;
attempts to gain unauthorized access to other computer systems or networks connected to the Website;
transmits "junk mail", "spam", or any unsolicited mass distribution of email or bulletin board postings;
transmits through the Website any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind;
disobeys or breaches the TOU or any other applicable instructions conveyed by Us to You;
submits any media that contains personal identification information (like name, phone number, email address, or Website address) of you or of anyone else;
uploads media such as images, video, or audio of other people without their permission;
after receiving warning, continues to post material which We have advised you not to post;
creates a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
harvests or otherwise collect information about others, including email addresses, without their consent;
interferes with another user's use and enjoyment of the Website;
posts to the Website if you are younger than        18 years old, unless with submitted parental consent;
uses the Website if you are a convicted sex offender;
uses our copyrights or trademarks (including our logo), or any confusingly similar marks, except as expressly permitted by our prior written permission;
violates any applicable local, state, national or international law, statute, ordinance, rule, regulation, or ethical code;
impersonates any person or entity, or make any false statement regarding his or her employment, agency, or affiliation with any person or entity;
stalks, threatens, or harasses other Users or infringes upon or attempt to infringe upon their privacy; or
uploads, posts, e-mails, transmits, or otherwise makes available any material, including without limitation, that:
is defamatory, libelous, abusive, or obscene;
constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law;
invades the privacy of any other person or infringes upon any other third-party Privilege, especially intellectual property Privileges;
is intended to advertise to or solicit others without our express permission;
constitutes charity solicitations, chain letters, or pyramid schemes;
contains a virus, worm, trojan horse, time bomb, or any other harmful program or component;
hyperlinks the Website or portions thereof to a third party Web-site for any reason or purpose;
does not generally pertain to the designated topic or theme of the Website; or
uses the Website in any manner inconsistent with or in violation of the TOU as well as all applicable local, state, national, or international laws and/or regulations having the force of law.
13.        Removal for Improper Conduct.  
We may, but are under no obligation to, monitor Your conduct with respect to Your violations of the TOU.   We may remove any or all of Your UGC posted on or through the Website and terminate Your Privileges to Access the Website, without any prior notice, if We suspect You have violated or have threatened to violate the TOU.  We reserve the Privilege to pursue all legal remedies against You for breach of any term of the TOU.

14.        Our Changes to Website.  
You acknowledge that We have the right to make any change to the Website or add or delete items or links without prior notice to You and in our sole and absolute discretion. 

15.        Notices of Claimed Copyright Infringement.   
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Our Copyright Agent, By email: or Address, with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyright work that you claim has been infringed, including the URL (web page address) of the location where the copyright work exists or a copy of the copyright work;
a description of where the material that you claim is infringing is located on the Website, including the URL;
your current residence address (and your mailing address if different), telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that all of the information you are providing is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

16.        Linked Third-Party Sites.  
The Website may link You to other Web sites on the Internet. These links are provided for Your convenience only. These third-party sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under Our control and You acknowledge that We are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites.  

We do not endorse any such site and the inclusion of such a link does not imply Our endorsement of any site or that We are affiliated with them in any way.   Further, We cannot ensure that You will be satisfied with any products or services that You purchase from any third-party site that links to or from Our Website since those other sites are owned and operated by independent third parties.   We have not taken any steps to confirm the accuracy or reliability or timeliness of any of the information contained in such third-party sites and make no warranty or representation to You as such. We make no representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You irrevocably waive any claim against Us with respect to such sites. We strongly encourage You to make whatever investigation You feel necessary or appropriate before proceeding with any online dealings/transaction with any of these third-party sites.

17.        Intellectual Property User Obligations.  
By uploading a file or making a post, You certify that you have the right to distribute the file and its content and that it does not violate the TOU. You agree to only post or upload media (including, without limitation, photos, videos or audio) that you have made or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other Privileges of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyright by their owners. By uploading any media on the Website, You warrant that You have permission from all persons appearing in your media for You to make this contribution and grant the rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission to do so.

By uploading any media including, but not limited to, images, video or audio, you (a) grant to Us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit, and distribute the media and any material included in the media; (b) certify that any person represented in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Us to use, copy, print, display, reproduce, modify, publish, post, transmit, and distribute the media and any material included in the media; and (c) agree to indemnify and hold Us and Our parent companies, subsidiaries, and affiliates, and their respective past, present and future, owners, officers, managers, agents, employees, and corporate or other partners forever harmless from any and all claims and expenses, including attorneys' fees, arising from the submitted media and from your failure to comply with the terms described in the TOU.   We reserve the right to review all media prior to submission to the Website and to remove any media for any reason, at any time, without prior notice, in Our sole discretion.

18.        Intellectual Property User Downloads. 
 By downloading a file or other content from the Website, You agree that You will not use such file or other content except for personal, non-commercial purposes, and you may not claim any rights to such file or other content, except to the extent otherwise specifically provided in writing.

19.        Copyright and Trademarks.   
You hereby grant to Us a non-exclusive, worldwide, royalty-free, perpetual license, with rights to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to the Website by all means and in any media now known or hereafter developed for any use or purpose.
We only use names, logos or marks appearing in this Website in those territories in which it or its affiliates are entitled to do so, whether by virtue of pending or registered trademarks, licenses, or otherwise. For the avoidance of doubt, We do not purport to use any name, logo or mark in any territory in which it is not so entitled, and will not supply or offer to supply products and/or Website bearing any such name, logo or mark into any such territory. The use of these trademarks or any other content on this Website, except as provided in these terms and conditions or in the Website content, is strictly prohibited.

All title, ownership rights, and intellectual property Privileges in and relating to this Website or any copies thereof including, but not limited to, copyright, logos, names, trademarks, service marks, design, text, sound recordings, images, links, concepts, and themes are owned by Us. Any reproduction, transmission, publication, performance, broadcast, alteration, license, hyperlink, creation of derivative works, or other use in whole or in part in any manner without Our prior written consent is strictly prohibited.

20.        Disclaimer of Warranties. 
You agree that Your exercise of The Privilege to Access the Website is entirely at Your own risk. The Website, and all materials, information (including, without limitation, text, graphics, links, or any information or materials obtained or accessed through the Services), and products included therein are provided “AS IS,” “WITH ALL FAULTS,” “AS AVAILABLE,” with no representations or warranties of any nature whatsoever.   We expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title, and non-infringement of intellectual property and/or proprietary Privileges.  We expressly disclaim any responsibility for the accuracy, completeness, legality, reliability, or operability of information, content, or materials on the Website, the functionality of the Website, or the availability of the Website.  We cannot and do not guarantee and do not promise any specific result or outcome from Your exercise of The Privilege to Access the Website.  No advice or information, whether oral or written, obtained by You from or through the Website, shall create any implied warranty enforceable against Us. You have no right to rely on any information contained in the Website as accurate.  We do not warrant that the functions and features made available through the Website will be available, uninterrupted, or error-free, that defects will be corrected, or that its servers are free of viruses or other harmful components.  We expressly disclaim any and all responsibilities and liability for the conduct of any other User, and expressly disclaim that UGC inputted by other User is either correct or accurate.  We are not responsible for the conduct, whether online or offline, of any User of the Website, and therefore under no circumstances will We be responsible for any loss or damage, including personal injury or death, resulting from anyone’s exercise of The Privilege to Access the Website or any interactions between or among Users or other users of the Website, whether online or offline.  Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to You.  If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to You, the above exclusions will apply to You only to the fullest extent permitted by applicable law.

21.        Limitation on Liability.  
Your exercise of The Privilege to Access the Website is at Your sole risk. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems, or traffic congestion on the Internet or at any Web site or combination thereof. We are not responsible for any injury or damage to any Devices belonging to any User of the Website, or any other person related to or resulting from use of the Website, viewing, playing, or downloading any UGC on or from the Website, or otherwise in any way in connection with the Website.

We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Under no circumstances will We, or Our parent companies, subsidiaries, and affiliates, and their respective past, present and future, owners, officers, managers, agents, and employees, be liable to You for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses (including without limitation loss of profits, revenue, goodwill, use data, or other intangible losses), whether based in contract, tort, strict liability, or otherwise, arising out of or in connection with use of, or inability to use, the Website, whether or not We have been advised of the possibility of such damages or loss. Such limitations of liability shall apply (A) whether the damages arise from the Website or from the interruption, suspension, or termination of the Website (including such damages incurred by third parties), and (B) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.


Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to You. In such states, under no circumstances shall We be liable to You for any amount exceeding twenty-five dollars ($50.00) or the minimum amount allowed by law in the applicable jurisdiction.

22.        Indemnification.  
You agree to indemnify and hold Us and Our parent companies, subsidiaries, and affiliates, and their respective past, present and future, owners, officers, managers, agents, employees, and corporate or other partners forever harmless and to defend (at Our request) them, against any third-party claim arising from or in any way related to Your use of or conduct or UGC posted on the Website, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorney’s fees, of every kind and nature. In such a case, We will provide You with written notice of such claim, suit, or action.  

You agree to indemnify and hold Us and Our parent companies, subsidiaries, and affiliates, and their respective past, present and future, owners, officers, managers, agents, employees, and corporate or other partners forever harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, arising out of or relating to: (A) Your exercise of Your Privileges to Access the Website (including the posting by You of any UGC through the Website) in violation of these TOU; (B) any other breach of the TOU by You; (C) the infringement of any intellectual property or proprietary rights of any person or entity carried out under Your account; (D) caused by Our negligence; or (E) any breach of Your representations and warranties set forth herein. You agree that in the event You cause damage that We are required to pay for, You promise to indemnify Us for all such payments made, and repay those amounts to Us immediately upon demand.

23.        Term and Termination.   
The TOU, as changed from time to time, will remain in full force and effect while You exercise Your Right to have Access to the Website or are a registered End User. You may terminate Your relationship with We at any time, by e-mailing your user name and password to [ e-mail address]. We may also terminate this relationship for any reason, at any time.  We may also, in Our sole discretion and at any time, discontinue temporarily or permanently providing the Website, or any part thereof, with or without notice. You agree that any termination of access to the Website under any provision of these TOU may be effected without notice, and acknowledge and agree that We may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or the Website.  You further agree that We shall not be liable to You or any third party for any termination or suspension of access to the Website or modification of the Website.  All provisions of the TOU that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your Privileges shall not relieve You of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Us or any third party.

24.        Contact with Other Users.  
In cases where you believe a person(s) has breached the terms and conditions of the TOU, please contact Us IMMEDIATELY. Do not attempt to contact the person yourself and do not post derogatory comments in any public areas on the Website.  Our contact information is below.  

25.        Equipment and Electronic Form.    
The Website may be made available to You in several different Devices. You are solely responsible for providing, maintaining, and ensuring compatibility with the Website, all hardware, software, electrical, and other physical requirements for Your Privileges, including, without limitation, telecommunications and Internet access connections and links, web browsers or other equipment, programs, and service required to access and use the Website.   You have the right to receive the TOU in non-electronic form. You may request a non-electronic copy of these TOU at any time.  To receive a non-electronic copy of these TOU, please send Your request along with a self-addressed stamped return envelope to Our Contact address listed below.

26.        Notices.   
Any notice required to be given by the User to Us shall be deemed adequately delivered to Us if such notice is deposited in an envelope and delivered to the United States Postal Service, postage prepaid, addressed to Us at the following addresses:

27.        Remedies and Jurisdiction. 
 In the event a breach or threatened breach of the TOU by the User, in addition to terminating Your Privileges without notice, We shall be entitled to pursue all remedies permitted by Iowa law, including the recovery of reasonable attorney's fees, against You.  You agree that any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, the TOU shall be brought exclusively in the Iowa District Court in and for Polk County, Iowa, or an inferior Court thereof, or in the U.S. District Court for the Southern District of Iowa, and You and We mutual consent to the personal jurisdiction of such courts (and of the appropriate appellate courts therefrom) regarding any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by Law, any objection which it may now or hereafter have to (a) the lack of personal jurisdiction over a party and (b) the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.  The parties agree that, after a legal dispute is before a Court as specified in this provision and during the pendency of such dispute before such Court, all actions, suits or proceedings with respect to such dispute or any other related dispute, including without limitation, any counterclaim, cross-claim or interpleader, shall be subject to the exclusive jurisdiction of such Court. Process in any such suit, action or proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such Court.  You and Us agree that a final judgment in any action, suit or proceeding as permitted in this provision after the expiration of any period permitted for appeal and subject to any stay during appeal shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by applicable Laws.

28.        Limitation Period.      
You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.

29.        User Disputes.  
While We reserve the right, but have no obligation, to monitor or moderate disputes between You and other Users, You are solely responsible for Your interactions with other Users and resolve any disputes in a reasonable manner.

30.        Prohibition by Jurisdiction. 
 Your exercise of Your Privileges is prohibited and unauthorized if Your jurisdiction of residence does not give effect to all provisions of these terms and conditions, including without limitation, this paragraph.

31.        Legal Compliance.  
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts, and applicable licenses regarding Your exercise of Your Privileges. We make no representation that UGC posted on or through the Website are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If You choose to access the Website from a foreign locations You do so on Your own initiative and at Your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of UGC exported to or from the United States or the country from which You reside.

32.        Force Majeure.  
Under no circumstances shall We be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

33.        Miscellaneous Terms.
The TOU is legally binding on the parties hereto and their respective the heirs, executors, administrators, successors and assigns. Your Privileges are solely personal to You and cannot be assigned, transferred, or inherited, and unconditionally cease upon your death.  This Agreement shall be construed in accordance with the laws of the State of Iowa, without giving effect to the conflict-of-laws provisions or Your actual jurisdiction of residence.  This writing contains the entire agreement of the parties, integrates all the terms and conditions mentioned in or incidental to this Agreement and supersedes all prior negotiations and writings.  Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default.  Any waiver of any provision of these TOU by a party will be effective only if in writing and signed by to be charged. If any provision of the TOU, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of the TOU, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.  Words and phrases herein, including acknowledgments hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context.   The paragraph headings are for convenience only and shall not limit or affect the terms of the TOU or be considered in the application or meaning of its terms.

End of TOU. 
Effective date of January 11, 2017