Welcome to SmallClaimsOnline.com (the "Site"), owned and operated by Vazari & Associates LLC, (D/B/A SmallClaimsOnline.com) a limited company registered, under the laws of the State of California, and having its principal place of business at 14320 Ventura Blvd Street, 170 Sherman Oaks, CA 91423, ("Vazari"). Your (the "User") use of all use of the Service via the website located at SmallClaimsOnline.com and all content, services, and products available at or through the Website (referred to collectively as the "Services") is governed by and subject to the terms of this "TERMS OF SERVICE & CONDITIONS OF USE" (hereinafter referred to as the "Terms of Use" "User Agreement" or this "Agreement")

Electronic Agreement - This Agreement is an electronic contract that sets out the legally binding terms of Your use of the Service via the website located at SmallClaimsOnline.com and all content, services, and products available at or through the Website. By accessing this Site, becoming a Member, or by making a purchase or submitting an order, Customer consents to have this Agreement provided to Customer in electronic form.

The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this Site for any reason; and where applicable, the company or other entity with which Customer is employed or otherwise affiliated (including its officers, directors, agents, managers, and employees), to the extent that Customer is acting on its behalf. Furthermore, Customer represents that her or she is 18 years old or older and, where applicable, authorized by his or her company or other entity to enter into this Agreement. If you are engaging in our Services on behalf of a company, you represent and warrant that you are accordingly authorized to represent the company and accept the terms and conditions of this Agreement on behalf of a company (in addition, the term "User" shall be interpreted to mean your company including all of its employees). If you are entering into this Agreement on your own behalf, or if you are not authorized to represent the company, you agree that you are personally obliged by the terms detailed in this Agreement and the term "User" refers to you.

CUSTOMERS ACCEPTANCE OF THIS AGREEMENT

THIS "AGREEMENT" REFERS, COLLECTIVELY, TO ALL THE TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED HEREIN AND ALL OTHER OPERATING RULES, POLICIES (INCLUDING, WITHOUT LIMITATION, THE VAZARI PRIVACY POLICY, DISCLAIMER, AND RETURN POLICY ARE INCORPORATED BY REFERENCE HERE AND AVAILABLE AT SMALLCLAIMSONLINE.COM) AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE WEBSITE BY VAZARI, GOVERNS THE USE OF THIS SITE, ITS CONTENTS, ANY PRODUCTS OR SERVICES AVAILABLE ON OR CERTAIN SPECIFIC MATERIAL CONTAINED IN THIS SITE, AND SETS FORTH THE TERMS AND CONDITIONS THAT APPLY TO THE USE OF THIS SITE BY USER. ANY INCONSISTENCIES BETWEEN THE TERMS OF THIS AGREEMENT AND THOSE PROVISIONS CONTAINED IN ANY OTHER PRODUCTS OR SERVICES AGREEMENT(S) EXECUTED AND IN EFFECT BETWEEN THE PARTIES, THEN THE TERMS OF SUCH PRODUCTS OR SERVICES AGREEMENT(S) SHALL TAKE PRECEDENCE IN RELATION TO THIS AGREEMENT.

BY ACCESSING OR USING THIS SITE, SMALLCLAIMSONLINE.COM, (OTHER THAN TO READ THIS AGREEMENT FOR THE FIRST TIME), CUSTOMER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW, AND BY USE OF THIS SITE CUSTOMER AFFIRMATIVELY, EXPRESSLY, OR IMPLICITLY REPRESENTS AND WARRANTS TO VAZARI THAT CUSTOMER HAS CAREFULLY REVIEWED THIS AGREEMENT; AND THAT CUSTOMER AGREES TO ABIDE BY AND TO BE LEGALLY BOUND BY ALL SUCH TERMS AND CONDITIONS; AND CUSTOMER AGREES TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU, 'CUSTOMER', DO NOT AGREE, PLEASE DO NOT USE THE SITE. USERS WHO VIOLATE THESE TERMS MAY HAVE THEIR ACCESS AND USE OF THE SITE SUSPENDED OR TERMINATED, AT VAZARI'S DISCRETION.

ARTICLE I ACCEPTANCE OF TERMS & THE SERVICES

1.0) DESCRIPTION AND PROVISION OF OUR SERVICES.
1.1 Customer hereby understands, acknowledges, accepts, consents and agrees as follows: (a) This Agreement, incorporates by reference all other terms and conditions applicable to Customer's use of the Site set forth in any services or product agreements, or other transfers or assignments that have been or shall be entered into by and between Customer with Vazari; (b) This Site and its contents are for User's personal non-commercial use only; and (c) Customer's right to use the Site is personal to Customer and is not transferable to any other person or entity.
1.2 Customer hereby understands that the Site's review of the information and responses provided by Customer is limited to completeness, spelling and grammar, as well as internal consistency of the information.
1.3 Customer agrees to first read the final document before signing the document
1.4 Customer agrees to be solely responsible for the final document; furthermore, agrees to hold the Site and their agents harmless.
1.5 Customer If there is liability found on the part of the Site, Customer agrees that the measure of damages for such liability shall be limited to the amount paid for services, and under no circumstances will the Site be liable for any consequential damages that may result nor for punitive damages in any amount.
1.6 Customer acknowledges, understands and agrees that:
(a) No county clerk or governmental authority has evaluated or approved the Site, the knowledge or experience of the Site's employees, agents or contractors, or the quality of the Services provided by the Site and the Site's employees, agents or contractors;
(b) The Customer may obtain information regarding free or low-cost legal representation through a local bar association or legal aid foundation;
(c) The Customer may contact local law enforcement, a district attorney or a legal foundation if believes that to have been a victim of fraud, the unauthorized practice of law or any other injury; and (d) The Site is not permitted to engage in the practice of law, including providing any kind of advice, explanation, opinion or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies.

2.) ACCEPTANCE OF TERMS: CHANGES TO THE TERMS OF THIS AGREEMENT OR OTHER POLICIES

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Vazari shall have the right at any time to change or modify the terms and conditions applicable to User's use of this Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this Site, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of this Site by User after such notice shall be deemed to constitute acceptance by Customer of such changes, modifications or additions. Customer is responsible for checking these terms periodically for any changes. The most current version of this Agreement can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of the web pages of the Site.

3.) ACCEPTANCE OF TERMS: CHANGES TO SERVICES.

Vazari is entitled to at any time modify, improve, or discontinue any of its content, products, services and any aspect or feature of this Site, including, but not limited to, content, hours of availability, and equipment needed for access or use, at its sole discretion and without notice to Customer. Vazari is entitled to provide services to Customer through subsidiaries or affiliated entities. Vazari reserves the right to change, remove or discontinue (temporarily or permanently) the website, or any content, service, function, feature or other part of the website at any time or without notice; and Customer confirms that Vazari shall not be liable to Customer for any such change, remove or discontinuance.

4.) SECURITY NOTICE: USER REGISTRATION.

Customer must register on this Site in order to use certain of the Site functions, If Customer just wants to browse this Site, registration is optional. During registration, Customer will be required to provide contact information, consisting of an email address, username and password. Customer can select any username as Customer likes, except that Customer's username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. Customer may, but are not obligated to, use Customer's own name. If Customer does use Customer's own name, Customer consents to it being passed to others by use of certain of the functions of Vazari and the Site. Vazari reserves the right to reject or remove any username. For certain of our functions, such as the purchase of products and services, Customer is required to provide Customer's name, address and billing and credit card information. Customer are required to provide accurate and complete information.

5.) SECURITY NOTICE: MEMBER ACCOUNT, PASSWORD, AND SECURITY.

If any of the services requires Customer to open an account, Customer must complete the registration process by providing Vazari with current, complete and accurate information as prompted by the applicable registration form. Customer also will choose a 'password' and a 'user name.' Furthermore, Customer acknowledges and agrees that: (a) Customer is responsible for any and all activities that occur under Customer's account and for ensuring that all such use complies fully with the provisions of this Agreement; (b) Customer is responsible for protecting the confidentiality of Customer's password and account information; (c) Customer must notify Vazari immediately of any unauthorized use of Customer's account or any other breach of security; (d) Vazari is not liable for any loss that Customer may incur as a result of someone else using Customer's password or account, either with or without Customer's knowledge, and may be held personally liable for any losses incurred by Vazari; and (e) Customer may not use anyone else's account at any time, without the permission of the account holder.

6.) SECURITY NOTICE: AGE OF USERS.

6.1 Children under the age of 13 may not use this Service and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 13 has provided or attempted to provide Vazari with personal information, we will use our best efforts to remove the information permanently from our files. If Customer is under the age of 18 but at least 13 years of age, Customer may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
6.2 If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

7.) SECURITY NOTICE: UNAUTHORIZED ACCESS & ACTIVITY.

Unauthorized access and attempts to defeat or circumvent security features, to use the Site for other than intended purposes, to deny service to the Site's Users, to access, obtain, alter, damage, or destroy information, or otherwise to interfere with the Site or its operation is prohibited and all violators are subject to criminal and civil penalties and will be prosecuted to the fullest extent of the law, including criminal and civil prosecution. All traffic is logged and monitored for potential abuse. Evidence of such acts will be disclosed to law enforcement authorities, and be used for the purposes of criminal and civil prosecution.

8.) LINKS TO THIRD PARTY SITES AND ADVERTISERS.

Vazari may include on its Site links to third party web sites. Customer agrees that we are not responsible or liable for any content or other materials on third party sites. Customer also agrees that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between Customer and any third party or any advertiser. Customer agrees that Vazari is not responsible for any claim or loss due to a third party site or any advertiser.

ARTICLE II

DMCA COPYRIGHT POLICY

9.) NOTIFICATIONS: COPYRIGHTS & OTHER PROPRIETARY INFORMATION.

Each and every item and component found on or available via download through this site, including but not limited to manuscripts, written materials, text, graphics, logos, software, databases, icons, images, audio and video clips, is the exclusive proprietary property of Vazari and is protected under the International treaties and copyright laws of the United States. The software on the Site may be used as a resource while accessing this Site, and their Content, but may not be used for any other purpose whatsoever. Any other use is prohibited and will constitute an infringement upon the proprietary rights of Vazari or its respective owner.

10.) NOTIFICATIONS: TRADEMARKS,

The Site URL, SmallClaimsOnline.com. and its logos are the trademark of Vazari, and any use of the Vazari trademark in connection with any product or service that do not belong to Vazari, unless otherwise authorized in a written license agreement, will constitute an infringement upon the trademark rights of Vazari and actionable under the U.S. Trademark Laws, International Trademark Laws, and the Trademark or equivalent laws of other countries. All other trademarks, brands, and names are the property of their respective owners. Except as expressly specified in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or any proprietary rights of Vazari or any third party. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

11.) AUTHORIZED USES & RESTRICTIONS: COPYRIGHTS & OTHER PROPRIETARY RIGHTS.

11.1 Customer hereby acknowledges and agrees that:

(a) The information, data, and any materials (the 'Content') available on the Site and affiliate websites ('Affiliates') are the copyrighted works and exclusive property of Vazari and Affiliates, respectively; (b) The Content may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties; (c) The Content available on the Site and Affiliates may not be sold, reproduced, or distributed without the written permission of their respective owners; (d) Any unauthorized use of the Content may violate copyright, trademark and other laws; (e) Any third-party trademarks, service marks and logos are the property of their respective owners; and (f) Any further rights not specifically granted herein are reserved.

11.2 AND IN ADDITION Vazari hereby authorizes Customer:

(a) To view and make a single copy of portions of its Content for offline, personal, non-commercial use; and (b) To use such Content within Customer's organization covered by any current products or service agreements between Customer or User's organization and Vazari.

11.3 AND FURTHERMORE, Customer hereby acknowledges and agrees that:

(a) The Content cannot be modified or revised any in any manner; (b) Authorized copies of the Content must retain all copyright and other proprietary notices contained in the original Content; (c) No other use of the Content is authorized; and (d) Any violation of the foregoing may result in civil and/or criminal liabilities.

12.) DISCLAIMERS: HYPERLINKS AND EXTERNAL CONTENT.

Customer acknowledges and agrees that: (a) This Site, the Content, contain links to other Internet sites that are owned and operated by third parties; (b) Such links are not endorsements of any products or services in such sites, and no information in such sites have been endorsed or approved by Vazari; (c) Vazari is not responsible for such products, services, and information; and (d) Vazari makes no representations and are not responsible for the availability of, or content located on or through, these third party sites.

13.) UNSOLICITED IDEA SUBMISSION POLICY.

Vazari or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when products or marketing strategies of this Site might seem similar to ideas submitted. so, please do not send your unsolicited ideas to Vazari. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Vazari makes no assurances that your ideas and materials will be treated as confidential or proprietary.

14.) SUBMISSION OF COMMENTS & FEEDBACK: ASSIGNMENT OF RIGHTS.

Customer acknowledges and agrees that: (a) All comments, feedback, information or materials submitted to this Site through or in association with this Vazari shall be considered non-confidential and the property of Vazari; (b) By submitting such comments, information, feedback, or materials to this Site or Vazari, Customer agree to a royalty free, irrevocable assignment to Vazari of worldwide rights to use, copy, modify, publish, display and distribute the submissions worldwide; (c) This Site may use such comments, information or materials in any way it chooses in an unrestricted basis; and (d) Customer confirms and warrants that Customer has the required authority to grant the above license to Vazari.

15.) COPYRIGHT INFRINGEMENT: REPEAT INFRINGERS.

15.1 We respect the intellectual property rights of others, and we prohibit users from uploading, posting or otherwise transmitting on this web site or by use of any of our services any materials that violate another party's intellectual property rights.
15.2 It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who may repeatedly infringe or violate the copyrights or other intellectual property rights of any party.

16.) NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT.

16.1 If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the web site, with enough detail that we may find it on the web site;
(d) Your address, telephone number, and email address;
(e) Your statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
(f) Your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
16.2 This Site's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By Mail: 14320 Ventura Blvd Street, 170 Sherman Oaks, CA 91423
By Phone: 1800-866-eFILE
By Fax: 1877-221-7853
By Email: Support@SmallClaimsOnline.com

ARTICLE III

WARRANTY DISCLAIMERS & LIABILITY LIMITATIONS

17.) DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY: OUR PROVISION OF SERVICE.
17.1 DISCLAIMER OF WARRANTIES - CUSTOMER EXPRESSLY AGREES THAT USE OF VAZARI IS AT CUSTOMER'S SOLE RISK. NEITHER VAZARI NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT VAZARI WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF VAZARI, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH VAZARI.
17.2 SMALLCLAIMSONLINE.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
17.3 LIMITATION OF LIABILITY - THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT VAZARI IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
17.4 THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CUSTOMER AND VAZARI, AND/OR AFFILIATES. VAZARI WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.
17.5 IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, VAZARI, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN SMALLCLAIMSONLINE.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO CUSTOMER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
17.6 IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED THE LIABILITY OF VAZARI IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.


18.) DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY: THE CONTENT.
18.1 Vazari has attempted to provide accurate Content but assumes no responsibility for the accuracy and completeness of that information or materials. In furtherance of the intent to provide accurate Content, Vazari may make changes to the Content at any time without notice. However, by the declaration of this intent Vazari does not make any specific commitment to update the Content, and as a result may be out of date.
18.2 DISCLAIMER OF WARRANTIES -- CUSTOMER UNDERSTANDS AND AGREES THAT THE USE BY CUSTOMER OF VAZARI IS ENTIRELY AT CUSTOMER'S OWN RISK. SPECIFICALLY STATED, THE INFORMATION OBTAINED FROM OR THROUGH VAZARI, THE CONTENT, AND AFFILIATES IS PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). TAKE NOTICE THAT THE INFORMATION MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS.
18.3 LIMITATION OF LIABILITY -- CUSTOMER UNDERSTANDS AND AGREES THAT VAZARI IS NOT LIABLE FOR ANY DAMAGES INCURRED BY CUSTOMER OR BY ANY THIRD PARTY RESULTING FROM THE USE OF INACCURATE INFORMATION CONTAINING ERRORS, PROBLEMS OR OTHER LIMITATIONS; AND SUCH USE WAS BY CUSTOMER OR BY SUCH THIRD PARTY OBTAINING ACCESS TO SAID USE THROUGH CUSTOMER, WITH OR WITHOUT THE KNOWLEDGE OF OR THE CONSENT GIVEN BY CUSTOMER AND WITH OR WITHOUT THE KNOWLEDGE OF OR THE AUTHORIZATION GIVEN BY VAZARI, OR THE USE WAS BY ANOTHER USER, GIVEN AUTHORIZED ACCESS BY VAZARI OR OBTAINED UNAUTHORIZED ACCESS WITH OR WITHOUT THE KNOWLEDGE OF CUSTOMER OR VAZARI; AND NEITHER CUSTOMER NOR THE THIRD PARTY OBTAIN ANY RIGHTS, FOR ANY CLAIMS OR ANY REMEDIES, AND FOR ANY AMOUNT OR TO ANY EXTENT AGAINST VAZARI.
18.4 VAZARI ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE). IRREGARDLESS WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
18.5 THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CUSTOMER AND VAZARI, AND/OR AFFILIATES. VAZARI WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.
18.6 FURTHERMORE, IN NO EVENT SHALL VAZARI, OR AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF VAZARI, THE CONTENT, AFFILIATES, OR ANY LINKED THIRD-PARTY WEBSITE, OR THE MATERIALS, INFORMATION, OR SOFTWARE CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF USE, BY CUSTOMER, OF VAZARI, THE CONTENT, AFFILIATES, THE MATERIALS, INFORMATION, OR SOFTWARE ON ANY SUCH WEBSITES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, CUSTOMER ASSUMES ALL COSTS THEREOF. FURTHERMORE, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN VAZARI, THE CONTENT, OR AFFILIATES ARE DISCLAIMED.
18.7 IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED THE LIABILITY OF VAZARI IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

19.) DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY: THE WEBSITE SOFTWARE.
19.1 WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
19.2 DISCLAIMER OF WARRANTIES -- EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, VAZARI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
19.3 IF THE SOFTWARE COMPANY MAKES AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. VAZARI DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
19.4 LIMITATION OF LIABILITY -- IN NO EVENT SHALL VAZARI AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE.
19.5 THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CUSTOMER AND VAZARI, AND/OR AFFILIATES. VAZARI WOULD NOT PROVIDE THIS SOFTWARE WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.
19.6 N NO EVENT WILL VAZARI, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SMALLCLAIMSONLINE.COM OR THE VAZARI SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SMALLCLAIMSONLINE.COM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
19.7 IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED THE LIABILITY OF VAZARI IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

ARTICLE IV

GENERAL PROVISIONS

20.) HEADINGS.

Headings are used for convenience of reference only and in no way define, limit, construe or describe the scope or extent of any section, or in any way affect this Agreement.

21.) WAIVER.

The failure of any party to insist on or enforce strict performance of any provision of this Agreement or to exercise any right or remedy under this Agreement or applicable law will not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will be and remain in full force and effect. Waiver by either party of a breach of any provision contained herein must be in writing, and no such waiver will be construed as a waiver of any other and/or succeeding breach of such provision or a waiver of the provision itself; otherwise, no resulting waiver, that are not made in writing, by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

22.) ELECTRONIC DELIVERY STATEMENT AND CUSTOMER'S CONSENT.

Customer agrees that we may provide to Customer notices and other information concerning Vazari or this Site electronically, including notice to any email address that Customer may provide.

23.) FORCE MAJEURE.

Neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement.

24.) TERMINATION OF USE.

Vazari may, in its sole discretion, terminate or suspend Customer's access to all or part of the Site, for breach of the terms of this Agreement, or any conduct by Customer which Vazari, in its sole discretion, considers to be unacceptable. The terms of this Agreement will continue to apply in perpetuity until terminated by either Customer or Vazari without notice at any time for any reason. In the event this Agreement is terminated, the restrictions regarding the materials appearing on the Site, Affiliates, and any linked third-party website and the representations and warranties, indemnities, and limitation of liabilities set forth in this Agreement shall survive any such termination.

25.) INTERNATIONAL USE.

We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If Customer chooses to access this Site from a location outside the United States, Customer does so on Customer's own initiative and Customer is responsible for compliance with local laws.

26.) INDEMNIFICATION.

User agrees to defend, indemnify and hold harmless Vazari, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Vazari by User or User's Account.

27.) BINDING ARBITRATION.

Customer agrees that any disputes or claims that Customer may have against Vazari will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available that the AAA web site www.adr.org. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Customer's arbitration fees and Customer's share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Vazari will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and will provide a statement of reasons if requested by a party. Except as otherwise provided in this Agreement, Customer and Vazari may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. CUSTOMER UNDERSTANDS THAT ABSENT THIS PROVISION, CUSTOMER WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.

28.) NON-EXCLUSIVITY.

Each party acknowledges and agrees that the rights granted to the other party in this Agreement are non-exclusive, and that, without limiting the generality of the foregoing, nothing in this Agreement shall be deemed or construed to prohibit either party from participating in similar business arrangements as those described herein.

29.) CHANGES TO THE TERMS.

Vazari reserves the right to modify these terms from time to time at its sole discretion and without any notice. Changes to these terms become effective on the date they are posted, and Customer's continued use of the Site after such changes will signify and imply that Customer agreed to be bound by them.

30.) CHOICE OF LAW, JURISDICTION, VENUE AND FORUM FOR RESOLVING DISPUTES.
30.1 Customer agrees that the laws of the state of California, USA, govern these Terms of Use, its subject matter, your use of the Site, and any claim or dispute that Customer may have against Vazari, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
30.2 Customer further agrees that any disputes or claims that Customer may have against Vazari will be resolved by a court located in state of California, USA, and Customer agrees and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF USE, CUSTOMER is: (A) WAIVING CLAIMS THAT CUSTOMER MIGHT OTHERWISE HAVE AGAINST Vazari BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (B) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OF CALIFORNIA, USA, OVER ANY DISPUTES OR CLAIMS CUSTOMER HAS WITH US; AND (C) SUBMITTING ITSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

31.) ENTIRE AGREEMENT: SEVERABILITY AND INTEGRATION

This Agreement and any supplemental terms, policies, rules and guidelines posted on this Site constitutes the entire agreement between Customer and Vazari and supersede all previous written or oral agreements. Customer may be subject to additional terms and conditions when Customer uses, purchases, or accesses other services, Affiliate services or third-party content or material. If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in force. This contains the entire Agreement between Customer and Vazari concerning the use by Customer of the Site, the Content, and Affiliates.

Any rights not expressly granted herein are reserved.