Terms And Conditions

Introduction

Welcome to the Terms and Conditions for Workamper Media and News, LLC (dba Workamper News) website and application ("Web Site"). These terms and conditions ("Terms and Conditions") govern your use of the Web Site and any content, features, or functionality available from or through this Web Site, including any subdomains.

BY USING THE WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE WEB SITE.

Privacy Policy

Your privacy is important to us. Please review our Privacy Policy for detailed information on how we collect, use, and protect your personal information.

BY USING THE WEB SITE, YOU AGREE TO THE TERMS OUTLINED IN OUR PRIVACY POLICY.

Data Retention & Deletion

We retain personal data only as long as necessary to provide our services and fulfill legal or business obligations.

• Free accounts – If you cancel or unsubscribe, your account and associated personal data will be automatically deleted after one year of inactivity.

• Paid memberships – If you cancel and request deletion, we will remove all personal information except what is required to maintain financial and tax records.

You may also request deletion of your data at any time. Upon request, we will remove your personal information from our systems, retaining only the data we are legally obligated to keep.

To submit a data deletion request, please contact our support team.

Services Provided

The services provided depend on your membership level and active participation. Workamper News offers a variety of services including but not limited to:

For Workampers

• Online resume builder

• Job listings via web and email

• Education and training programs

• Networking opportunities

For Employers

• Employment listing advertising

• Searchable online resume database

• Business profile page

• Bi-monthly newsletter

• Education and training programs

Membership Billing Terms

Contract Terms

By subscribing, you agree to a 30-day or 12-month continuous service term, starting from the date of agreement execution.

Auto-Renewal

Membership auto-renews unless you turn off the auto-renew setting via your account page, call us at 800-446-5627, or email us via the Contact Us page.

Advance Billing

All membership services are billed in advance based on the chosen membership level.

Rates

Monthly and yearly membership rates are noted on the Web Site and are subject to change.

Advertising Billing Terms

• Advertising is billed at the time of request. Depending on advertising type, discounts may apply if the membership is active for the duration of the advertisement.

• The first billable advertisement must be paid with a credit card. Subsequent advertising can be paid via credit card or check.

• An invoice created for advertising and/or membership is due upon receipt.

• Advertising requests will be held if you have two or more unpaid invoices, until at least one of the invoices is paid.

• Past-due invoices incur a 1.5% monthly service charge.

Cancellations and Refunds

Free User Cancellation

If you have a free account (Workamper Dreamer or Employer Lite) and unsubscribe from our emails, your account will eventually be deleted and you will no longer be able to log into your account.

Auto-Renewal Cancellation

You can turn off auto-renewal at any time via the Membership Info section of the Manage Account page, by calling 800-446-5627, or emailing us via the Contact Us page.

Paid Membership Cancellation

You have two options for cancelling your membership.

1. Cancel but plan to return later – You will remain at your current membership level until your expiration date. After that, your account will switch to our free membership level. You’ll still be able to log in and upgrade when you're ready.
2. Cancel completely – Your membership will be ended immediately, and access to all services will stop.

Refunds

A full refund is available within 7 days of your first membership transaction. Your access to services will be discontinued immediately upon cancellation.

• Monthly Memberships: No refunds are provided for subsequent months. If you cancel after the first 7 days, you’ll retain access until the end of the current billing cycle, and no further charges will occur.

• Yearly Memberships: After the initial 7-day window, pro-rated refunds are available for any unused portion of your membership, excluding any promotional benefit.

Consecutive Membership Cancellations

If you purchase a membership (whether manually or through auto-renewal) for a second time or more and request a refund after the purchase, Workamper News will issue a refund minus a 10% transaction and administration fee.

Chargeback Cancellation

If you initiate a chargeback through your bank against any of your transactions with Workamper News, your membership account will be immediately canceled, and you will lose all access to the Web Site and will not be allowed to join again. In specific situations, you can contact the Workamper News team to discuss reinstating your paid membership after completing a successful transaction.

Advertising Cancellation

Hotline Ads

Hotline ads are scheduled to run for 2-week periods. If a run has been scheduled and paid for but not yet activated, you can receive a full refund or account credit.

If you wish to cancel an active Hotline ad

• You can request a 40% refund of the ad cost if the cancellation request is made during the first week of the two-week run.

• You can request a 20% refund of the ad cost if the cancellation request is made during the second week of the two-week run.

Jobinars

Refunds available before the event, minus a 25% setup and marketing fee. No refunds will be provided for a Jobinar that has already taken place.

Banner Ads

Full refunds or account credit available for unused weeks.

Employment Advertisements

Workamper News provides a platform for employers to post job listings and for Workampers to find employment opportunities. By using the employment advertisement services on our Web Site, you agree to the following terms:

For Employers

• Permitted Use: The only permitted use of our resume database is for filling legitimate job openings and volunteer opportunities. The use of this service for any other purpose is strictly prohibited. Violators will be permanently banned.

• Prohibited Opportunities: Multi-level or network marketing offers and other "get rich quick" schemes are not allowed under any circumstances.

• Editorial Discretion: Workamper News reserves the right to refuse access to any entities whose opportunities are not compatible with the Workamper lifestyle.

• Accuracy of Information: Employers are responsible for ensuring that all information provided in job listings is accurate, current, and not misleading. Workamper News is not responsible for verifying the accuracy of the content posted by employers.

• Compliance with Laws: Employers must comply with all applicable local, state, and federal laws regarding employment practices and job postings.

• Prohibited Content: Job listings must not contain offensive, defamatory, discriminatory, or illegal content. Workamper News reserves the right to remove any job postings that violate these guidelines.

• Fees and Payments: Employers are responsible for paying any applicable fees for posting job listings as outlined on our Web Site. All fees are non-refundable unless otherwise stated in the Refunds and Cancellation section.

• Advertising Cancellation: Employers may cancel job listings as per the conditions outlined in the Advertising Cancellation section.

For Workampers

• No Endorsement: Workamper News does not endorse any employer or job listing. Job listings are provided for informational purposes only, and it is the responsibility of the Workamper to conduct due diligence before applying for any position.

• No Guarantee of Employment: Workamper News does not guarantee that any Workamper will secure employment through the job listings, resume services, or any other tools or features on our Web Site.

• Personal Information: Workampers should be cautious about sharing personal information with potential employers and are encouraged to review our Privacy Policy regarding the handling of personal data.

General Terms

• Job Application Process: The job application process is conducted directly between the employer and the Workamper. Workamper News is not involved in any employment agreements or negotiations.

• Communication: Workamper News may facilitate communication between employers and Workampers through our platform, but we are not responsible for the content or outcome of such communications.

• Termination of Listings: Workamper News reserves the right to terminate any job listing at any time if we believe it violates our Terms and Conditions or for any other reason deemed appropriate.

BY USING OUR EMPLOYMENT ADVERTISEMENT SERVICES, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS.

For more detailed information on our employment advertising services, please review our Employer Advertising Options or contact our support team.

Changes to Terms

We may update these Terms and Conditions at any time by posting changes on the Web Site. Your continued use of the Web Site after changes are posted constitutes your acceptance of the updated Terms and Conditions.

Trademarks

Workamper, Workamper.com , and the Workamper News logo are registered trademarks. The trademarks, logos, and service marks ("Trademarks") displayed on the Web Site are registered and unregistered Trademarks of Workamper News and others. You may not use these Trademarks without written permission from the rights holder.

Ownership of Intellectual Property

Workamper News retains all rights, title, and interest in and to the Web Site and all of its content, including but not limited to text, graphics, logos, images, and software. YOUR USE OF THE WEB SITE GRANTS YOU NO OWNERSHIP RIGHTS OR INTERESTS IN ANY OF THE CONTENT OR MATERIALS YOU ACCESS. ALL INTELLECTUAL PROPERTY RIGHTS ARE EXCLUSIVELY OWNED BY WORKAMPER NEWS, AND ANY UNAUTHORIZED USE, REPRODUCTION, OR DISTRIBUTION OF THE CONTENT IS STRICTLY PROHIBITED. BY ACCESSING THE WEB SITE, YOU ACKNOWLEDGE AND AGREE THAT THESE MATERIALS ARE PROTECTED BY COPYRIGHT, TRADEMARK, AND OTHER APPLICABLE LAWS, AND YOU MUST RESPECT AND ADHERE TO THESE PROTECTIONS AT ALL TIMES.

Prohibited Use

Your use of the Web Site must comply with all applicable laws and regulations. YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEB SITE FOR ANY ILLEGAL PURPOSES, ENGAGING IN ANY FORM OF UNAUTHORIZED COMMERCIAL EXPLOITATION, OR UNDERTAKING ANY ACTIONS THAT COULD HARM, DISRUPT, OR IMPAIR THE FUNCTIONALITY OR SECURITY OF THE WEB SITE. THIS INCLUDES, BUT IS NOT LIMITED TO, ACTIVITIES SUCH AS HACKING, INTRODUCING MALWARE, OR ENGAGING IN ANY BEHAVIOR THAT COULD INTERFERE WITH THE WEB SITE'S OPERATIONS OR COMPROMISE THE DATA OF OTHER USERS. Respecting these guidelines ensures a safe and effective environment for all users.

Indemnification

BY USING OUR WEB SITE, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD WORKAMPER NEWS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEB SITE. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY VIOLATION OF THESE TERMS AND CONDITIONS, ANY MISUSE OF THE WEB SITE, OR ANY INFRINGEMENT BY YOU OR ANY OTHER USER OF YOUR ACCOUNT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. Your commitment to this indemnification ensures that Workamper News is protected from any potential legal repercussions resulting from your actions on the Web Site.

Third Party Websites

Our Web Site may contain links to third-party websites for your convenience and information. However, Workamper News is not responsible for the content, policies, or practices of any third-party websites linked to or from our Web Site. These external sites operate independently of Workamper News, and we do not endorse or assume any responsibility for their content or actions. Your use of third-party websites is at your own risk, and we encourage you to review the terms and privacy policies of any third-party site before providing any personal information or engaging in any transactions. By acknowledging this, you understand that Workamper News will not be liable for any damages or losses incurred from your use of third-party websites.

Orders for Products and Services

To purchase products or services from our Web Site, you must be at least 18 years old. By placing an order, you agree to pay all applicable charges, fees, and taxes associated with your purchase. This includes any costs related to shipping, handling, and any other charges specified at the time of purchase. By completing a transaction, you confirm that the information you provide is accurate and that you have the legal authority to use the payment method selected.

Consent to Communications

By providing your contact information, you give your consent to receive communications from Workamper News. These communications may include important updates, newsletters, promotional offers, and other information relevant to your use of our services. We value your privacy and want to ensure you receive only the most pertinent information. Should you wish to stop receiving these communications at any time, you have the option to easily opt-out. You can do this by following the unsubscribe link provided in our emails, updating your preferences in the Manage Account section of our Web Site, or by contacting our support team directly. Your choice to opt-out will be promptly honored, ensuring your experience with Workamper News remains within your control.

User Responsibilities

You are responsible for the content you post or transmit through the Web Site. Workamper News is not liable for such content.

Public Forums and Reviews

We may offer forums for user interaction. Do not post offensive, unlawful, or infringing content. We reserve the right to monitor and remove inappropriate content.

Termination and Suspension of Services

WE RESERVE THE RIGHT TO TERMINATE, CHANGE, SUSPEND, OR DISCONTINUE ANY ASPECT OF THE WEB SITE OR ITS SERVICES AT ANY TIME. ADDITIONALLY, WE MAY RESTRICT, SUSPEND, OR TERMINATE YOUR ACCESS TO THE WEB SITE AND ITS SERVICES IF WE BELIEVE YOU HAVE BREACHED OUR TERMS AND CONDITIONS OR APPLICABLE LAW, OR FOR ANY OTHER REASON, WITHOUT NOTICE OR LIABILITY.

WE WILL TERMINATE WEB SITE USE PRIVILEGES FOR USERS WHO REPEATEDLY INFRINGE ON OUR, OR ANY OTHER ENTITY’S, INTELLECTUAL PROPERTY RIGHTS.

No Legal, Business, Tax, or Financial Advice

Workamper News does not offer legal, business, tax, or financial advice. The content and services we provide are for informational purposes only and should not be construed as professional advice. For specific advice tailored to your individual circumstances, we strongly recommend consulting with qualified professionals such as attorneys, accountants, or financial advisors. They can provide you with the expert guidance necessary to make informed decisions regarding legal, business, tax, and financial matters.

Linking to the Web Site

You may link to the Web Site, but not in a way that frames or alters the appearance of our content. We reserve the right to revoke linking permissions.

Photosensitive Seizures

Certain individuals may experience seizures or other adverse effects when exposed to specific visual content, such as flashing lights or patterns, found on the Web Site. These photosensitive seizures can occur without any prior history of such conditions and may present symptoms including lightheadedness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion, or momentary loss of awareness.

If you or anyone using your device experiences any of these symptoms while using the Web Site, it is crucial to immediately stop using the Web Site and seek medical attention. Your health and safety are paramount, and consulting with a healthcare professional will help ensure that any potential medical issues are appropriately addressed.

Please be mindful of your own health and the well-being of others when engaging with visual content online.

Copyright Agent - DMCA

If you believe your work has been infringed on the Web Site, contact our designated Copyright Agent named below with the required information pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2).

FOR COPYRIGHT NOTICES ONLY

Designated Agent:
Copyright Manager
WORKAMPER MEDIA AND NEWS, LLC
285 Rainbow Rd
Heber Springs, AR 72543
Phone: 501-362-2637
Email: dmca@workamper.com

Required Information:

• Your address, telephone number, and email address;

• A description of the copyrighted work that you claim has been infringed;

• A description of where the alleged infringing material is located;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Non-copyright inquiries will not be addressed by the copyright agent.

Upon receipt of a notice alleging copyright infringement, Workamper News will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.

Disclaimer of Warranties

THE WEB SITE AND ALL SERVICES, FEATURES, CONTENT, FUNCTIONS, AND MATERIALS PROVIDED THROUGH THE WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEB SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ACCURACY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT GUARANTEE THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS PROVIDED WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE, RESULTS, OR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

WE AND OUR AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR EQUIPMENT AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR DOWNLOADING ANY MATERIALS FROM THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

WHILE WE STRIVE TO ENSURE THE ACCURACY AND TIMELINESS OF INFORMATION ON THE WEB SITE, WE RESERVE THE RIGHT TO MAKE CORRECTIONS AND CHANGES TO ANY INFORMATION PROVIDED AT ANY TIME WITHOUT PRIOR NOTICE. WE DO NOT ENDORSE NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE ON THE WEB SITE BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEES ACTING IN THEIR OFFICIAL CAPACITIES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE WEB SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS AS NECESSARY REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT.

WE AND OUR AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEB SITE. ALL PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEB SITE ARE PROVIDED "AS IS," EXCEPT AS OTHERWISE SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND US OR OUR LICENSOR OR SUPPLIER.

Limitation of Liability

WORKAMPER NEWS STRIVES TO PROVIDE A VALUABLE AND SEAMLESS EXPERIENCE THROUGH OUR WEB SITE. HOWEVER, WE WANT TO MAKE IT CLEAR THAT WE ARE NOT LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, THAT MAY ARISE FROM YOUR USE OF OR INABILITY TO USE THE WEB SITE. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF DATA, OR ANY OTHER LOSSES YOU MAY INCUR.

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF THE WEB SITE OR THE CONTENT, FEATURES, MATERIALS, AND FUNCTIONS RELATED THERETO. THIS INCLUDES YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS, OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PLEASE BE AWARE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE. ADDITIONALLY, THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THE WEB SITE SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEB SITE OR PURCHASE OF PRODUCTS VIA THE WEB SITE.

WE ENCOURAGE YOU TO UNDERSTAND YOUR RIGHTS AND ANY RESTRICTIONS OR LIMITATIONS IMPOSED BY YOUR JURISDICTION. YOUR USE OF THE WEB SITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS AND YOUR ACKNOWLEDGMENT OF THESE LIMITATIONS.

Applicable Laws

WE CONTROL AND OPERATE THE WEB SITE FROM OUR OFFICES IN THE UNITED STATES OF AMERICA. WE DO NOT REPRESENT THAT THE MATERIALS ON THE WEB SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. INDIVIDUALS WHO CHOOSE TO ACCESS THE WEB SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE. BY USING THE WEB SITE, ALL PARTIES TO THESE TERMS AND CONDITIONS WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY.

THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF THE STATE OF ARKANSAS, USA. ANY DISPUTES WILL BE HEARD IN CLEBURNE COUNTY, ARKANSAS.

Force Majeure

WORKAMPER NEWS SHALL NOT BE HELD LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND WORKAMPER NEWS’ REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC, OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING "LINE-NOISE" INTERFERENCE).

Severability

IF ANY PROVISION OF THESE TERMS AND CONDITIONS IS FOUND TO BE UNLAWFUL, VOID, OR 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.

Entire Agreement

THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND WORKAMPER NEWS REGARDING THE USE OF THE WEB SITE AND SUPERSEDE ANY PRIOR AGREEMENTS BETWEEN YOU AND WORKAMPER NEWS RELATING TO YOUR USE OF THE WEB SITE.

Miscellaneous

THE TERMS AND CONDITIONS, AND THE RELATIONSHIP BETWEEN YOU AND US, SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ARKANSAS, UNITED STATES OF AMERICA. YOU AGREE THAT ANY CAUSE OF ACTION THAT MAY ARISE UNDER THE TERMS AND CONDITIONS SHALL BE COMMENCED AND BE HEARD IN THE APPROPRIATE COURT IN THE STATE OF ARKANSAS, COUNTY OF CLEBURNE, UNITED STATES OF AMERICA. YOU AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE COURTS LOCATED WITHIN CLEBURNE COUNTY IN THE STATE OF ARKANSAS. OUR FAILURE TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THE TERMS AND CONDITIONS SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. IF ANY PROVISION OF THE TERMS AND CONDITIONS IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, THE PARTIES NEVERTHELESS AGREE THAT THE COURT SHOULD ENDEAVOR TO GIVE EFFECT TO THE PARTIES' INTENTIONS AS REFLECTED IN THE PROVISION, AND THE OTHER PROVISIONS OF THE TERMS AND CONDITIONS REMAIN IN FULL FORCE AND EFFECT.