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Attracta® Terms of Service

Welcome! The following terms and conditions ("Terms of Service") govern your use of, and delivery of, all services located under the domain attracta.com or provided by Attracta (the "Attracta Service"). By using the Attracta Service you agree to be bound by these Terms of Service. If you object to anything in these Terms of Service, do not use the Attracta Service.

Attracta may update and change these Terms of Service from time to time, or change the scope or features of the Attracta Service from time to time. Although Attracta will use reasonable efforts to notify you of changes, we reserve the right to make such changes without notice. If you continue to use Attracta Service after any such changes, with or without notice, you will be considered to have consented to such changes. You can always review the most current version of the Terms of Service at http://www.attracta.com/terms.jsp

Your Account
1. If you are age 13 or older, you may access Attracta Service. However, until you reach 18 years old (or the legal age to form a binding contract in the place where you live, if that age is not 18), then your use of Attracta Service must be under the supervision of your parent or guardian who has agreed to the Terms of Service. If you do not qualify in one of these ways, you must not use the Service.

2. Attracta can refuse registration of, or cancel an account in its discretion, at any time.

3. Your account will be accessed through your website control panel, or with a user ID and password assigned to you by Attracta (your "Credentials"). Your Credentials are solely for your personal use. You are responsible for maintaining the confidentiality of your Credentials, and you are fully and solely responsible for all activities that occur under your Credentials. It is up to you to take adequate precautions with your Credentials, and to immediately notify Attracta of any unauthorized use of your Credentials.

4. Using your account, you may access and participate in the Attracta Service, including viewing, posting and responding to communications on the Attracta Service.

5. You agree to receive email notification or other communications from attracta.com or its employees solely for the purpose of providing the Attracta Service. You may elect to stop or modify your email delivery or other communications at any time buy visiting the My Account section of your Attracta account. Your email address or other contact information will not be used for any other purpose. You may view the Attracta Privacy Policy at http://www.attracta.com/privacy.jsp

6. Should you choose to provide your telephone number and or additional contact information to Attracta, Attracta will not share that information with any other party unless instructed to do so be you. In that event the use of your contact information will be limited to your Attracta Business Directory listing. Attracta may also use this information to contact you regarding use of the Attracta services. This contact will be limited to Attracta's in-house customer service and technical support staff. You may remove or change your contact information at any time buy visiting the My Account section of your Attracts account.

Refunds and Automatic Renewal
1. Monthly subscription service: All payments are due on or before the start of each subscription period. Refunds only apply for the services covered by our 30 days money back guarantee. You agree that this subscription based service will automatically renew at the end of each subscription period. All services will renew at the same price as the original subscription price agreed to for the Service at time of purchase and will be automatically re-billed for payment on the renewed subscription start date, unless you send notice of your request that the services not renew. Such notice of non-renewal must be sent to the e-mail address support@attracta.com at least seven (7) days prior to the end of your current subscription period.

2. Annual subscription service: If an annual subscriber cancels his subscription prior to 1 year, the amount of refund will be the price paid less the number of months used, times the monthly subscription fee. Example: A subscriber signs up for an annual subscription of $143.40, after 4 months cancels the subscription and ask for a refund. The total refund is $143.40 less 4 times the monthly subscription fee of $24.95, equal $43.60.

3. Thirty days money back guarantee: We guarantee that we will deliver all services as described, within 30 days of purchase (or within the scheduled time of delivery for services with a delivery schedule longer than 30 days), or your money back. This guarantee only applies to the services offered within the TurboTraffic section of the Attracta Service. All other services are provided on an as-is basis without guarantee.

4. Monthly Service Fees. All service fees paid on a monthly basis are non-refundable. Any request for cancellation of monthly paid Services must be made at least seven (7) days in advance of the next renewal date. Such request must to be sent to via email support@attracta.com or made by calling 888-639-8877 (International: +1-727-800-3607) and requesting the customer service or cancellation department. If a request is emailed, you will receive a confirmation as soon as your request is processed. In case you do not receive such a confirmation, please call at the number mentioned above.

TopListing™ Services
These services are non-refundable except under the conditions of the limited Performance Guarantee below.

Limited Performance Guarantee:(ONLY AVAILABLE FOR ACCOUNTS PURCHASED AFTER FEBRUARY 2013)
The goal of the Top Listing SEO Services is to promote each of your mutually agreed-to keywords to page-one ranking in Google's search results. Attracta will guarantee that for Silver-level Service at least 1 of the 3 targeted keywords, or for the Gold-level Service at least 3 of the 6 targeted keywords, or for Platinum-level Service at least 6 of the targeted 12 keywords, will reach page-one in Google's search results within the first two (2) months of beginning the TopListing SEO Service, or you will receive a full refund of all fees paid.

The above Limited Performance Guarantee is available only to websites in the English language, and is the sole guarantee offered by Attracta for TopListing SEO Services. Once the minimum goal of targeted Keywords reaching page-one within the first two (2) months of starting the SEO Services is achieved, a notice will be sent to you ending Attracta's obligations under the limited Performance Guarantee.

The TopListing SEO Services and two month time limit on fulfilling the Performance Guarantee will not begin until you have installed the on-site content provided by Attracta. In the event you are not able to install the SEO content, with or without Attracta's assistance, within two (2) weeks of receiving the SEO Content from Attracta via email, the limited Performance Guarantee stated herein shall be void, and no other guarantee of service shall be in effect.

Note: Attracta is not responsible for changes made to Client's web site(s) by other parties that adversely affect the search engine rankings of Client's web site(s). Unapproved changes to the SEO Content provided by Attracta, or the use of unapproved link building services, or use of page rank checkers, or any other activity that is in violation of Google's Quality Guidelines, will void the limited Performance Guarantee stated herein, and no other guarantee of service shall be in effect. Other restrictions may also apply. Please see the full text of your TopListing service level guarantee for details.

Monthly TopListing SEO maintenance subscription fees are non-refundable.

General Terms
1. These Terms of Service will remain in full force and effect while you use the Attracta Service. Those terms that can continue to operate after you stop using the Attracta Service (including without limitation your Content license to Attracta and the General Terms in this Section), will survive after you stop using the Get Satisfaction Service.

2. You agree to indemnify and hold Attracta and Attracta Online Services Inc., its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your actions in using Attracta Service, (ii) a claim that you, or any third party using your Credentials, infringed any intellectual property or other right of any person or organization using the Attracta Service, or (iii) the violation of these Terms of Service by you, or any third party using your Credentials.

3. THE ATTRACTA SERVICE IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE ATTRACTA SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE ATTRACTA SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ATTRACTA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, ATTRACTA AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED IN THE ATTRACTA SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ATTRACTA DOES NOT WARRANT THAT THE ATTRACTA SERVICE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ATTRACTA SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ATTRACTA OR THE ATTRACTA SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN TH ESE TERMS OF SERVICE.

4. ATTRACTA AND ITS AFFILIATES WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ATTRACTA'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO ATTRACTA FOR THE ATTRACTA SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) ONE HUNDRED DOLLARS ($100.00).

5. These Terms of Use (including the Privacy Policy) are the entire agreement between Attracta and you regarding the Attracta Service. Any dispute arising from or related to these Terms of Use will be governed by the laws of the State of California without regard to conflict of law principles. Exclusive venue of any such dispute will be the state or federal courts located in San Francisco, California, and you agree to the personal jurisdiction of those courts for such purposes. The failure of Attracta to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and be enforceable.

 SITEAPPS TERMS OF SERVICE

By accepting Attracta's® Terms of Service you hereby agree to the following:

1. You acknowledge and agree that SiteApps (www.siteapps.com) and the SiteApps platform Services may be provided to you through the Attracta's platform by automatically installing javascript container tags on your website pages in order to deliver its services. SiteApps may also create an individual user account on its system for you to manage and control the delivery of the SiteApps' platform Services.

2. By using SiteApps and the SiteApps Platform Services through the Attracta's platform you automatically accept the SiteApps terms of service, privacy policies and license agreements listed at http://siteapps.com/web/privacy/terms

3. If you decide not to use SiteApps, the SiteApps' Platform or its Services please follow our account removal procedure listed at http://support.siteapps.com/entries/27586037-Attracta-Opt-out
ADDOLLARS TERMS OF SERVICE

By using Attracta's AdDollarsTM in-text advertising service you hereby agree to the following:

The following terms of service and all supplemental terms, as amended from time to time, (the "Terms") govern your use of Attracta's AdDollars in-text advertising service ("AdDollars") offered by Attracta®. These Terms are an agreement between you and Attracta, Inc, a company with offices at 111 2nd Ave NE, Suite 620, St. Petersburg, FL 33701.

These Terms form a legally binding contract between you and Attracta™. By using AdDollars, you affirm that you are at least 18 years of age (or have reached the majority if that is not 18 years of age where you live) or that you have reviewed these Terms with your parent or guardian and he or she assents to these Terms on your behalf and takes full responsibility for your compliance with them. You agree that you and/or your parent guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms, and to abide and comply with these Terms.

You agree to check periodically for new information and terms that govern your use of AdDollars. Attracta™ may modify the Terms at any time. Revisions to terms shall be effective thirty (30) days after posting or immediately upon notification via email.

Definitions
1.1. "AdDollars" means an in-text advertising service that analyzes your website pages, determines topics, keywords and matches and serves relevant sponsored keyword links within the text of your website pages.

1.2. "Net Revenue" means the revenue actually received by Attracta resulting from the use of AdDollars through Your Websites less certain costs deduced in accordance with Attracta's then-current practices or policies as may be changed from time to time without notice, including without limitation, transaction fees, bad debt, taxes, commissions, referrals fees and technology fees related to AdDollars.

1.3. "Your Websites" means the URL or URLs designated for AdDollar activation and any other of your websites that Attracta approves pursuant to Section 2.1.

1.4. "Revenue Share" means the percentage of Net Revenue due to you under these Terms.

2. Use of AdDollars
2.1. Site Approval: Implementation of AdDollars is subject to Attracta's prior approval of your websites. Each additional website must be approved by Attracta prior to your activation of AdDollars on such website. Attracta reserves the right to deny or revoke participation of any website in the AdDollars service at any time in its sole discretion.

2.2. Your Websites: You hereby represent and warrant that (i) you maintain adequate rights in and to Your Websites (including without limitation under the intellectual property rights in and to any third party content contained therein) in order to engage in AdDollars, including without limitation the right to modify and create derivative works of any materials on Your Websites and (ii) Your Websites do not portray illicit drugs; and do not contain pornography, adult or mature content; or any content that otherwise promotes violence, illegal activity or infringes on the rights of others. You will indemnify, defend, and hold Attracta harmless from and against all damages, liabilities, costs, and expenses (including, without limitation attorney fees) that Attracta may incur as the result of any action brought against Attracta arising out of your acts in breach of this Section 2.2.

2.3. Cookies Consent: You hereby consent to the use of cookies to help identify your account, allowing faster access when you re-log in. Cookies are pieces of information generated by a web server or web hosting sites and stored on your computer for future access. We only give cookies for use for re-logging in, remembering you so you do not need to re-enter your login information. No name, email address or personal identifiable information is in the cookies, only a non-identifiable user ID code. Our cookies are not shared with third parties. By using AdDollars, you consent to our use of cookies for the purpose stated in this Section 2.3.

2.4. Restrictions
(a) General: You will not, and will not authorize or encourage any third party to (i) fraudulently or purposely manipulate the content of the Your Websites, including without limitation, "ghosting", "cloaking" or providing misleading metatags in order to "fool" AdDollars so that it provides less contextually relevant results or (ii) generate fraudulent impressions of or fraudulent clicks on any advertisements served through AdDollars, including through repeated manual clicks, the use of robots or other automated tools or any other method that may lead to artificially high numbers of impressions, downloads, or clicks. You agree to refer to Attracta, and not directly to any advertiser or advertising service provider, all communications regarding any matter arising out of your use of AdDollars.

(b) License Restrictions: Without limiting the foregoing, you shall not: (i) use AdDollars for the purpose of developing a product that will be owned by you or a third party or that would compete with Attracta's products or services; (ii) sublicense, rent, lend, lease, permit third party access to, or use of, AdDollars; (iii) copy, distribute, reproduce, sell, use or allow access to AdDollars, except as explicitly permitted under these Terms; (iv) modify, adapt, translate, or prepare derivative works from AdDollars; or (v) remove, obscure, or alter Attracta's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within AdDollars. Title to AdDollars shall not pass to you under any circumstances. Attracta does not grant you any license, express or implied, under the intellectual property of Attracta or its licensors except as expressly stated in these Terms.

(c) Third-Party Links: AdDollars may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Attracta has no control over such sites and resources, you acknowledge and agree that Attracta is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Attracta shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content. 3. Financial Terms and Reports

3.1. Revenue Share: Attracta will pay you the Revenue Share; provided, however that Attracta may adjust Revenue Share as Attracta deems appropriate in its sole discretion, including, without limitation by ignoring click-throughs and/or withholding payments or crediting back payments made to you only if Attracta, in its sole reasonable discretion, believes that such click-throughs and/or payments are fraudulent or invalid in nature.

3.2. Payment Terms: Attracta shall pay you the Revenue Share on the fifth day of the second month after the month in which such Revenue Share was generated. For example, Attracta will pay you the Revenue Share for April (if any) on June 5. Further, if the revenue share for any given month is less than fifty dollars ($50), Attracta will roll such amount over to the subsequent payment period, and shall not make any payment to you until the accrued Revenue Share for a payment period is at least fifty dollars ($50). Any dispute regarding a payment from Attracta hereunder must be submitted to Attracta in writing within thirty (30) days of posting date of such payment or it shall be deemed waived. Payment shall be calculated and finally settled solely based on records maintained by Attracta, and no other records will be deemed relevant for payment calculations or determinations. Attracta will make payments to you using PayPal and only to a valid PayPal account.

3.3. Reporting: During the entire term of this Agreement, as the information is reasonably available, Attracta will provide you, solely for informational purposes, access to its on-line reporting system, on which you may view number of click-throughs on ads delivered by AdDollars, and total revenues for each day. Attracta shall use commercially reasonable efforts to display an accurate revenue projection in your reporting provided under this Section 4.3, but for the removal of doubt, Attracta does not guarantee the amounts, if any, to be paid to you as a result of these Terms, and all Revenue Share paid to you hereunder will be strictly based on Attracta's calculation of the Revenue Share at the end of each payment period.

4. Cancellation and Termination

4.1. Cancellation

(a) You have the right to cancel the AdDollars service at any time. If you do not agree to the terms in these Terms, your sole remedy is to not use AdDollars and to cancel your subscription. You understand and agree that the cancellation of AdDollars is your sole right and remedy with respect to any dispute with Attracta, including any dispute related to, or arising out of: (1) any term of these Terms or Attracta's enforcement or application of these Terms; (2) your ability to access and/or use AdDollars; or (4) the amount of Revenue Share payable.

4.2. Termination

(a) Without Cause: Attracta may terminate access to AdDollars at any time, in its sole discretion without cause, by giving you notice of such termination. Attracta shall have no liability to you or any third party because of such termination. In the event of termination under this Section 4.2(a), Attracta will settle the remaining payable amount of Revenue Share to your PayPal account within thirty (30) days.

(b) For Violation: Attracta, in its sole discretion, may also terminate access to AdDollars for violation of these Terms or for an improper or illegal use of AdDollars. This includes, but is not limited to, placement of the ads on websites that include incentives to click on ads, adult content, or content that in our opinion can be deemed as negative in nature, illegal or offensive in any way. In response to a violation, improper or illegal use, Attracta may issue you a warning, immediately suspend your account, selectively remove access to AdDollars and/or temporarily or permanently ban Your Websites from the AdDollars service. You acknowledge that in such an instance Attracta is not required to provide you with notice before taking action to immediately suspend or terminate your service. If Attracta terminates your AdDollars service, you may not participate in AdDollars again without Attracta's express permission. If your AdDollars service is terminated or suspended in accordance with this Section 4.2(b), no refund will be granted and no remaining Revenue Share will be credited to your PayPal.

4.3. Rights and Obligations Upon Expiration or Termination: Upon Termination or Cancellation of AdDollars, your right to use AdDollars shall immediately terminate and your access to AdDollars will immediately cease. The following provisions shall survive any expiration or termination of these Terms: Sections 2.2, 3, 4 (for amounts due as of the date of termination), 5, 6, 7, 8, 9.

5. Indemnification: Upon Attracta's or its licensors' request, you agree to defend, indemnify and hold harmless Attracta, its licensors, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from or relate to a breach of these Terms for which you are responsible. Without limiting the foregoing, you agree to indemnify and hold Attracta harmless for any improper or illegal use of the AdDollars service, including the improper or illegal use of your account by someone to whom you have given permission to use.

5.1. Attracta and its licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Attracta and/or its licensors in that matter.

6. Export Control Laws: AdDollars may be subject to United States export controls, and export controls of other jurisdictions. You may not remove or export from the United States or allow the export or re-export of AdDollars, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.

7. Disclaimer of Warranties: THE ADDOLLAR SERVICE IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OUT OF A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE, NONINFRINGEMENT (INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS), QUALITY, PRODUCTIVENESS OR CAPACITY, AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. ATTRACTA, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ADDOLAR SERVICE WILL BE CORRECT, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ADDOLLAR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ATTRACTA MAKES NO GUARANTEE REGARDING THE NUMBER, QUALITY, OR CONTENT OF ANY ADVERTISEMENTS OR THE TIMING OF DELIVERY OF SUCH ADVERTISEMENTS. ATTRACTA SHALL NOT BE RESPONSIBLE FOR ANY ADS OR WEBSITES THAT ARE SERVED THROUGH OR LINKED FROM THE CONTENTLINK SERVICE. YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO GUARANTEE THAT ANY MINIMUM LEVEL OF REVENUE, OR ANY REVENUE, WILL BE GENERATED AS A RESULT OF THIS AGREEMENT. THE FOREGOING DISCLAIMER OF WARRANTY IS A FUNDAMENTAL PART OF THE BASIS OF ATTRACTA?S BARGAIN HEREUNDER, AND THAT ATTRACTA WOULD NOT ENTER INTO THIS AGREEMENT ABSENT SUCH DISCLAIMER. Limitation of Liability: ATTRACTA WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER SIMILAR DAMAGES NOR FOR ANY LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF SAVINGS, LOSS OF CLIENTELE, LOSS OF USE OR LOSS OR CORRUPTION OF DATA, WHETHER UNDER TORT, CONTRACT OR OTHER THEORIES OF RECOVERY, EVEN IF YOU WERE OR SHOULD HAVE BEEN AWARE OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EXCEPT FOR AS SET FORTH IN SECTION 2.2, IN NO EVENT WILL ATTRACTA?S LIABILITY ARISING OUT OF THE ADDOLLAR SERVICE AND THESE TERMS FROM ANY CAUSE OF ACTION WHATSOEVER EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID UNDER THIS AGREEMENT BY ATTRACTA TO YOU DURING THE THREE (3) MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION AROSE.

Miscellaneous: These Terms and any posted rules or instructions constitute the entire agreement between you and Attracta relating to your rights and obligations in the use of the AdDollar service. If there is any conflict between the Terms and any other rules or instructions posted on the AdDollar service, Attracta shall resolve the conflict in its sole discretion. In the event that any provision of these Terms is held to be unenforceable, the Terms will continue in full force and effect without such provision and will be interpreted to reflect the original intent of Attracta. This agreement will be governed by the law of the State of California, without regard to its conflict of laws principles. You consent to the personal and exclusive jurisdiction of courts located in San Francisco, California. Waiver by Attracta of a breach of any provision of these Terms or the failure by Attracta to exercise any right hereunder will not operate or be construed to be a waiver of any subsequent breach of any right or as a waiver of any other right. Except for the payment of fees hereunder, nonperformance of Attracta will be excused to the extent that performance is rendered impossible by strike, fire, flood, earthquake, governmental acts or orders or restrictions, or any other reason when failure to perform is beyond the reasonable control of Attracta.