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business interruption, or any other pecuniary loss);or 5
<br /> ii) for direct damages, actually proven,exceeding $1,000.00 USD.This limitation shall be
<br /> enforced even if it causes an exclusive remedy to fail of its essential purpose.
<br /> b) Spokeo reserves the right,at anytime, in Spokeo's sole and exclusive discretion,to amend,
<br /> modify, suspend, or terminate Spokeo.com,any services, information or content, or any part
<br /> thereof, and/or Your use of or access to them,with or without notice. Spokeo shall have no liability
<br /> to You or any other person or entity for any modification,suspension, or termination, or any loss of
<br /> related information.
<br /> 15. Indemnification
<br /> a) You agree to defend, indemnify, and hold Spokeo, its officers, directors, employees, agents,
<br /> licensors, and suppliers, harmless from and against any claims, actions or demands,liabilities and
<br /> settlements including without limitation, reasonable legal and related fees and expenses, resulting
<br /> from, or alleged to result from,Your violation of these Terms or Your use of Spokeo.com.
<br /> b) Spokeo reserves the right to assume exclusive control of its defense in any matter subject to
<br /> Your indemnification,which shall not excuse Your obligation to indemnify Spokeo. You shall not
<br /> settle any dispute subject to Your indemnification under these Terms without written consent from
<br /> Spokeo.
<br /> 16. Choice of Law
<br /> a) The law of the State of California governs this contract and any claim or dispute that You may
<br /> have against us,without regard to its conflict of laws rules.
<br /> b) The United Nations Convention on Contracts for the International Sale of Goods shall have no
<br /> applicability.
<br /> 17. Binding Arbitration and Class Waiver
<br /> a)Any controversy or claim arising out of or related to Your use of Spokeo.com or these Terms or
<br /> the violation thereof("Claim"),shall be settled by arbitration administered by the American
<br /> Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the
<br /> award rendered by the arbitrator may be entered by any court having jurisdiction thereof.This
<br /> agreement to arbitrate applies to all Claims now in existence or that may arise in the future. This
<br /> agreement to arbitrate is made pursuant to Your use of the Spokeo.com which constitutes a
<br /> transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9
<br /> U.S.C. §§ 1-16.
<br /> b) If You commence arbitration,You must provide Spokeo the notice required by the American
<br /> Arbitration Association rules and procedures.The notice may be sent to us at 556 S. Fair Oaks
<br /> Ave., Suite# 101-179, Pasadena, CA 91105. If Spokeo commences arbitration,we will provide
<br /> You notice at your last known address. Any arbitration hearing at which You appear will take place
<br /> at a location within the federal judicial district that includes Your permanent address at the time the
<br /> Claim is filed.
<br /> c)Spokeo will pay, or reimburse You for, all fees or costs to the extent required by the rules of the
<br /> American Arbitration Association. Whether or not required by such rules, if You prevail at arbitration
<br /> on any Claim against us, Spokeo will reimburse You for any fees paid to the American Arbitration
<br /> Association in connection with the arbitration proceedings. If You are required to advance any fees
<br /> or costs to the American Arbitration Association, but You ask Spokeo to do so in your stead,
<br /> Spokeo will consider and respond to Your request.
<br /> d)Claims made and remedies sought as part of a class action, private attorney general or other
<br /> representative action(hereafter all included in the term"class action")are subject to arbitration on
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