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APPLICATION-RELATED PARTIES INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, <br /> EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE <br /> AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $1.00. THE LIMIT OF LIABILITY <br /> MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE APPLICATION-RELATED <br /> PARTIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT <br /> DESCRIBED ABOVE. YOU AGREE THAT YOU USE THIS APPLICATION AT YOUR OWN RISK. IF YOU <br /> ARE DISSATISFIED WITH THIS APPLICATION OR THE CONTENT, YOUR SOLE AND EXCLUSIVE <br /> REMEDY IS TO DISCONTINUE USING THE APPLICATION. <br /> Governing law;Jurisdiction <br /> These Terms are governed by the laws of the State of Minnesota without reference to the <br /> principles of conflicts of laws thereof. You agree that the only proper jurisdiction and venue for <br /> any dispute with LM relating to your use of the Application, is in the state and federal courts in <br /> the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal <br /> jurisdiction in these courts in connection with any dispute involving LM or its employees, <br /> officers, directors, agents and providers. <br /> Miscellaneous <br /> If any provision of these Terms is determined to be invalid under any applicable statute or rule <br /> of law, such provision is to that extent to be deemed omitted, and the balance of the <br /> Agreement shall remain enforceable. Before seeking legal recourse for any harm you believe <br /> you have suffered arising from or related to your use of this Application, you agree to inform us <br /> in writing and to give us 30 days to cure the harm before initiating any action. You must initiate <br /> any cause of action within one year after the claim has arisen, or you will be barred from <br /> pursuing any cause of action. The Application is controlled and operated from the United <br /> States, and is not intended to subject LM to any non-U.S.jurisdiction or law. The Application <br /> may not be appropriate or available for use in some non-U.S.jurisdictions. Any use of the <br /> Application is at your own risk, and you must comply with all applicable laws, rules and <br /> regulations in doing so. <br /> Under no circumstances will LM be held liable for any delay or failure in performance due in <br /> whole or in part to any acts of nature or other causes beyond our reasonable control. If any <br /> provision of these Terms is found to be unlawful or unenforceable, then that provision will be <br /> deemed severable from these Terms and will not affect the enforceability of any other <br /> provisions. The failure by us to enforce any right or provision of these Terms will not prevent us <br /> from enforcing such right or provision in the future. <br /> We may assign our rights and obligations under these Terms, including in connection with a <br /> merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights <br /> and obligations under these Terms, including in connection with a merger, acquisition, sale of <br /> assets or equity, or by operation of law, without LM's prior written consent. <br /> Contact Us <br /> If you have any questions about these Terms or the operation of the Application, you may <br /> contact us at: <br /> Literacy Minnesota <br /> 700 Raymond Avenue, Suite 180 <br /> St. Paul, MN 55114 <br /> support@digitalliteracvassessment.org <br />