11. Choice of Law, Jurisdiction and Venue. This HRW Site is operated
from our offices in the State of Texas, United States of America.
This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas, without reference to any conflict
of law principles. You agree that any action at law or in equity
arising out of or relating to these terms and conditions shall be
filed only in the state or Federal courts located in Travis County,
Texas. You further consent and submit to the personal jurisdiction
of these courts for the purposes of litigating any such action.
12. Compliance with Laws. HRW endeavors to ensure that the HRW
Site complies with the requirements of United States laws as well
as the foreign laws of any country where it is intended for the
HRW Site to be viewed. In the event that a foreign country's law
may not be fully satisfied, then HRW shall be deemed not to be directing
the HRW Site to that particular country.
13. Indemnification. You hereby indemnify, defend, and hold us
and our affiliates and our officers, directors, employees, agents
and representatives (collectively, the "Indemnified Parties")
harmless from and against any and all liabilities and costs (including
reasonable attorneys' fees') incurred by the Indemnified Parties
in connection with any claim arising out of any breach by you of
this Agreement. You shall use your best efforts to cooperate with
us in the defense of any claim. We reserve the right, at our own
expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you.
14. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF, OR THE INABILITY TO USE, THE HRW SITE OR MATERIALS
OR FUNCTIONS ON THE HRW SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN THE EVENT APPLICABLE LAW DOES NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) WILL NOT EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE HRW SITE.
15. Limitation of Claims. The user must bring any action on any
claim against HRW within one (1) year following the date the claim
first accrued, or it shall be deemed waived.
16. General Provisions. If any of these terms and conditions shall
be unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from these terms and conditions and shall
not affect the validity and enforceability of any remaining provisions.
This is the entire agreement between the parties and may not be
modified except in writing signed by both parties.
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