Kindly note that by using this website you agree to be bound by the Terms of Service set out below. Ignorance to the Terms of Service stated herein shall NOT be a defence in case of breach of any of the Terms of Service in this or any of the other supplementing terms of service, terms and conditions or terms of use or any such other agreements provided on this Website. 

Please read the following Terms of Service carefully. These Terms of Service, along with the Privacy Policy and other supplementing terms of service documents, govern your access to and use of the website (the “Website”), including the use of any content, information, products and/or services (the “Services”) therein. This is a legal agreement between you and SITENEAR.COM (“SITENEAR”) also referred in this Agreement as “We/Us/Our”.

1. NATURE OF THE WEBSITE

1.1 The Website offers nearby search and share services. We make finding and sharing local things of interest easier. We offer navigation to nearby spots of interest only to pedestrians but our Website/App may allow navigation for other users through third-party providers. The use of such services provided by third-party providers would be governed by their separate and independent Terms of Service and other conditions. 

1.1.1 It may be an essential requirement for some of our services to access and keep a regular and periodic record of your geographical location, point/s of origin, routes suggested to you and the one that you follow, the signals to and from your device and the likes. You hereby represent that you understand such requirements and give us the right and permission to access your device or any other hardware to obtain such aforementioned information about your geographical location and routes. You also agree that we may, in any manner, record, compile, process, display or share such information internally for the purposes related to our services. All the collection, storage, processing, and sharing of the information under this paragraph shall be done under strict adherence to our Privacy Policy. 

1.1.2 You represent and warrant that it shall be your sole responsibility to follow and obey all traffic and other laws while using our services; to ensure that you only follow the instructions or guidance provided by our app or website if it is perfectly in compliance with the traffic laws, is legal and does not in any way place you in an unsafe or illegal position. You free of us of any responsibility, liability or claim in case any instructions provided by the App/Website instruct you to make an illegal, prohibited or unsafe manoeuvre or place you in an unsafe position, you shall only follow the instructions at your own risk and after applying common-sense and reasonable discretion.  

1.1.3 We provide several kinds of tracking services including tracking of your possessions, pets, people, automobiles and other such objects. These services come with features like route history, maintenance scheduling, fleet cost logs, geo-notifications, field task management, fuel economy logs, and other such related apps, tools and services. Our Services can be utilized to provide geo-tracking (GPS) solutions for all sorts of markets and industries. 

1.1.4 You agree and understand that we may utilize advertisement revenue to fund our operations and that this would mean that you may see ads and promotions on some parts of our website/app or while using our services. These advertisements may also be targeted advertisements depending upon the nature of Services being availed by you or the search terms provided by you or any other information related to your use of Services, like Cookies.  

1.1.5 We reserve the right to change our ads policy at any time without any notice to you including the mode and placement of such advertisements and the nature of targeting. Some of the advertising or promotional material may be provided by our partners, affiliates or other third-parties. The sole responsibility of ensuring compliance with all national, international laws and intellectual property laws rests on the party providing the content for the advertisements. We disclaim all responsibility for the nature and kind of content in such advertisements and promotional materials. 

1.1.6 Any interactions you have with any third-party through the advertisements or promotions provided or displayed on our website/app shall be at your own risk and you free us of any responsibility in relation to any loss, damage or wrong suffered by you as a result of any such interaction or transaction between you and the third-party or related to the inaccuracy or misrepresentation in the advertisements. 

1.1.7 We may also provide a feature to track and find the location of lost items. In cases where radio transmitters are involved only the owner of the transmitter is entitled to hide the transmitter or publish and share its location in any manner; this can be done through our website. Any access, claim or unauthorized possession of a transmitter that is not owned by you shall be strictly illegal and you may face civil and/or criminal legal action. 

1.2 By using this Website, subscribing to Services and/or placing an Order through us or uploading/downloading any other content, you agree to be bound by the Terms of Service set out herein. 

1.3 Nothing in this Agreement shall be construed or deemed to create an employment or agency relationship, partnership or joint venture between the parties. 

1.4 IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE HEREIN, PLEASE DO NOT USE OR ACCESS THIS WEBSITE. 

1.5 From time to time, it will be necessary to update the Terms of Service. We reserve the right to revise, modify or change the Terms of Service at any given time and may notify you of the same if the changes are of significant importance and affecting the model or functioning of the Website. You shall be bound by the most recent and the present version of the Terms of Service on the Website. 

1.6 You consent to receiving updates of the latest versions or any other changes in our mobile application and you consent to automatic installation of such updates on your relevant device. 

1.7 You represent that you understand that this Agreement is between you and SITENEAR and the App store via which you downloaded our application is not a party to this Agreement has no legal relationship with you or us under this Agreement. We are solely responsible for all the services, maintenance and issues related to the application including but not limited to any claims, liabilities, compliance or IP infringements. 

1.8 We may process your data, as set in our Privacy Policy, for carefully considered purposes which enable us to enhance the service we provide. For the sake of clarity this refers to the processing of personal data such as, but not limited to, names, email addresses, geolocation and IP addresses for the purposes of analysing how the site is used by the visitors and for the distribution of emails relating to the Service.

1.9 The use of our Services and the Website may also be available through other means such as mobile websites or applications. Any access or usage to our sites, through any means including the ones mentioned here, shall mean that you agree to enter into this Agreement and be bound by the Terms of Service provided herein. 

2. WARRANTY

2.1 You warrant and represent that you are at least eighteen (18) years of age, you have the right and authority to enter into this Agreement by using this Website. You acknowledge that you have read and understand the Website’s Privacy Policy and Terms of Service (herein) and any other provided terms of service or use, as more fully described on the Website, and by using the Services and the Website you have expressly accepted the terms of service set forth in such Privacy Policy, Terms of Service (herein) as same may be amended from time to time.

2.1.1 In case of a listed business you warrant and represent that:

a) You have the authority to represent the business and enter it into this legally binding Agreement and/or any other binding Business Agreements we may present as a part of listing on our website/services. 

b) You have the authority to bind such business into a legal Agreement and your access to this Website through your business account shall only be as a legal and authorised representative of your business and not for personal or any other purposes. 

c) You shall under no condition try to contact people in relation to the reviews provided for your business or services, try to solicit reviews in consideration for freebies or other such consideration or manipulate the review system in any other way, and 

d) You are aware that any non-disparagement clauses in consumer contracts can be illegal under certain jurisdictions. 

e) Your business and all its related activities are fully legal in your jurisdiction. 

f) You shall not to use any automated means to artificially increase the traction, clicks or views on your business or its profile; and to not use such automated means to for data extraction from our Website beyond what has been explicitly permitted by Us. 

g) You shall not hold us responsible in any way for the content, publication, order, presentation, selection or viewing of the reviews or any other content about your business. 

2.2   You shall defend and indemnify SITENEAR and any of its affiliates (including any employees, directors, agents, partners, distributors, licensors, subsidiaries, suppliers, co-branding providers, authors, content or service providers, successors, assignees and other representatives) and hold them harmless against any third-party claims or expenses and losses resulting from breach or a claim which, if true, would constitute a breach of the foregoing representations and warranties or any of the agreements contained in these Terms of Service or any other agreements entered between you and SITENEAR, including reasonable attorneys’ fees and expenses.

2.3 THERE ARE NO REPRESENTATIONS OR WARRANTIES BY SITENEAR, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OTHER THAN AS EXPRESSLY SET FORTH IN THE TERMS OF SERVICE.

3. GENERAL 

3.1 The Website and Services may be used and accessed solely for lawful purposes. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Website and Services, including, without limitation, applicable common law, and all relevant statutes. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Website and Services:

(a) Disable, hack, circumvent or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Website content or materials;

(b) Use any metadata, meta tags or other hidden text utilizing a SITENEAR name, trademark, URL or product name;

(c) Upload, submit, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, so-called pyramid schemes or any other form of solicitation;

(d) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Website or Services to send altered, deceptive or false source-identifying information;

(e) Upload, submit, post, email, or otherwise transmit, via the Website or Services, any content or other materials that is, in the sole opinion of SITENEAR, unlawful, harmful, threatening, obscene, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including, without limitation, any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libellous, vulgar or violent or constitute hate speech or are otherwise objectionable;

(f) Destroy, interfere with or disrupt, or attempt to interfere with or disrupt, any web pages available on the Website, servers or networks connected to the Website or the technical delivery systems of the Website’s providers or break any requirements, procedures, policies or regulations of networks connected to the Website;

(g) Attempt to decompile, disassemble, decipher or reverse engineer any of the software used to provide the Website or Services; 

(h) Attempt to scan, probe or test the vulnerability of any of the Website’s systems or networks or breach, impair or circumvent any security or authentication measures protecting and providing security for the Website or Services;

(i) Attempt to search, meta-search or access the Website with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by SITENEAR or other generally available third-party web browsers (e.g., Google Chrome, Internet Explorer, Firefox, Safari), including, without limitation, any software that sends queries to the Website to determine how a website or web page ranks;

(j) Collect or store personal data about other users of the Website or Services without their express and explicit permission;

(k) Engage in identity theft, or misrepresent or impersonate your affiliation with any person, business, or entity, through pretext or some other form of social engineering or otherwise commit fraud;

(l) Use the Website or Services to engage in any fraudulent, abusive, unauthorized, unintended, unlawful, illegal, unsafe, hazardous activity, or in any manner not permitted by the Terms of Service or any other related documents governing your use of the Website; or

(m) Instruct or encourage any other individual to engage in any fraudulent, abusive or illegal activity, or to do any of the aforementioned activities under points (a-l) or to breach and/or violate any of the Terms of Service.

3.2 You agree that the Terms of Service and the rules, restrictions and policies contained herein, and SITENEAR’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and SITENEAR. 

3.3 SITENEAR RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO REFUSE TO PROVIDE ITS SERVICES TO YOU OR ANY CUSTOMER FOR ANY OR NO REASON WHATSOEVER.

3.4 You agree that we have the right to monitor the Site and any content uploaded or accessed by you from time to time and to disclose any information when it is legally or statutorily required to do so, or to protect the interest of our company, Website/App or our customers. However, we have no obligation to monitor the Site/App. We will not intentionally monitor or disclose any private electronic-mail, messages, or other such private communication unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.

3.5 Unless otherwise indicated for particular content, any content you post on the site including images, graphics, videos, one-to-one communication, and any other form of communications or material that you e-mail, post or otherwise transmit through this Website, including data, questions, comments or suggestions will be treated as non-confidential and nonproprietary.

3.6 You hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, rights to assign, sublicense, transfer, edit, promote, publish, Your Content as a whole or any part thereof for any purpose including but not limited to promotion, research or advertising. 

3.7 We have taken and will ensure all reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. You agree and understand that the nothing on the internet is truly invulnerable or secure and we cannot, and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.

3.8 You agree to keep your systems healthy and free from any Viruses, Trojans, Malwares or any other similar harmful programmes which could impact the safety of the Website.  You also agree to adopt reasonable practices to keep your passwords, and any other confidential data in your possession, safe. 

4. REGISTRATION

4.1 In accessing this Website or certain of the resources on the Website, you may be asked to provide registration details. It is a condition of use of this Website that all the details you provide shall be correct, current, and complete. If We believe the details are not correct, current, or complete, we have the right to refuse you access to the Website or any of its resources. Your account shall be for personal and non-commercial use only. 

5. DISCLAIMER

5.1 The materials, options, features and services on the Website are provided on an ‘as is’ basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. We do not warrant that our Website or applications will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our Website will be corrected. Information on our Website does not create any professional relationship between you and SITENEAR, should not necessarily be relied upon and should not to be construed to be professional advice from us.

5.2 The information contained in any articles or other products or services sold, provided or promoted on this Website are intended to be educational. This information should not replace consultation with a competent professional. The content of these products is intended to be used as an adjunct to a rational and responsible program prescribed by an appropriate professional. SITENEAR, its affiliates, employees, directors, agents, partners, distributors, licensors, subsidiaries, suppliers, co-branding providers, authors, content or service providers, successors, sellers, publishers and assignees of these products are in no way liable for any misuse of the material they contain.

5.3 We have not reviewed all of the sites linked to the Website and we are not responsible for the contents of any such linked site. The inclusion of any link trademark or other identification marks, does not imply endorsement by us. Use of any such linked web site is at your own risk.

5.4 The materials appearing on the Website could include technical, typographical, photographic or any other kind of errors. We do not warrant that any of the materials or information on the Website are accurate, complete or current. We may make changes to the materials or services contained or provided on the Website at any time without notice. However, we do not make any commitment to update the materials.

5.5 Reviews. We are an independent and unbiased platform with no affiliations other than the ones explicitly mentioned by us. All reviews or other content provided on our Website or App is the independent opinion of the person posting it and in no way, reflects our thoughts or policies. 

6. TERMINATION

6.1 We may suspend or terminate your access to all or any part of the Website including any account thereon, without notice, for any reason at our sole discretion.

7. LIMITATIONS

7.1 In no event shall SITENEAR its affiliates, employees, directors, agents, partners, distributors, licensors, subsidiaries, suppliers, co-branding providers, authors, content or service providers, successors, and assignees be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Website, even if the company or the website or an authorized representative of the company/website has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. In such states, the respective liability of SITENEAR, its affiliates, employees, directors, agents, partners, distributors, licensors, subsidiaries, suppliers, co-branding providers, authors, content or service providers, successors, and assignees, is limited to the greatest extent permitted by such state law.

7.2 YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. UNDER NO CIRCUMSTANCES WILL WE, OR OUR AFFILIATES, EMPLOYEES, DIRECTORS, AGENTS, PARTNERS, DISTRIBUTORS, LICENSORS, SUBSIDIARIES, SUPPLIERS, CO-BRANDING PROVIDERS, AUTHORS, CONTENT OR SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNEES, BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO OUR WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO OUR WEBSITE SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US OR OUR AFFILIATES. ANY SUCH CLAIM SHALL BE SUBJECT TO CONFIDENTIAL BINDING ARBITRATION AS DESCRIBED LATER IN THESE TERMS OF SERVICE.

8. FEES AND PAYMENTS

8.1 Unless otherwise provided all payments shall be debited from your account after the submission of relevant details by you and all such payments shall be in US Dollars. The payment modes provided on the Website shall be the only modes in which any payments or fees shall be accepted for any products or services offered on the Website. Any third-party offerings or booking services maybe paid for by accessing the payment modes and terms of such third-party providers separately. 

8.2 You owe us and will immediately pay us the amount of any Chargeback and any associated fees, fines, or penalties listed on the Website or assessed by our assessor, processing financial institutions, or MasterCard, Visa, American Express, Discover, and other payment card networks, associations, or companies. You agree to assist us and provide us with any required proofs or documents to contest chargebacks when requested, at your expense, and to investigate any of your transactions through cards or otherwise.

8.3 You shall provide us with all the necessary updates on your financial information to continue to receive and maintain your subscriptions or purchases. In case you do not provide us with such updated information we shall have the right to contact and work with your financial service provider to access and update such information. 

8.4 Our services shall be renewed automatically, at the end of the set periods for the respective terms as provided on the Website, and the fee/charges might change with the renewal unless such subscriptions are cancelled or terminated before the end of the initial term. 

8.5 Other payment terms and conditions may apply to any other aspects of financial transactions on the Website and shall be provided on the Website at the respective parts of such transactions. 

9. INTELLECTUAL PROPERTY

9.1 You acknowledge that the Website contains Contents that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the United States of America copyright laws, and SITENEAR owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the United States of America copyright laws, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

9.2 Reference on the Website to a specific commercial product, process or service by its trade name, trademark, promoter or otherwise does not constitute or imply its endorsement or recommendation by Us.

10. DISPUTES

10.1 Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, (except any claims for violation of intellectual property pursued by us), shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one and the venue of the arbitration proceedings shall lie in Houston, Texas at any place agreed upon amongst, or equally close to the parties. The arbitrator shall apply Texas state law to all aspects of the arbitration. The decision of the arbitrator shall be final and binding. In the event of a dispute, controversy or claim arising out of or relating in any way to this Agreement, we shall be notified in writing. Within thirty (30) days of such notice, both Parties shall start an online negotiation in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration.

10.2 The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event, shall it be made after one (1) year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.

10.3 All claims must be arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own attorney’s fees. We may agree to bear more than half of the arbitration fee on our own sole discretion. This section shall survive indefinitely regardless of the survival of this Agreement as a whole. 

11. COMMUNICATIONS

11.1 You consent to receive electronic communications from us (e.g., via email or by posting notices on our Services). These communications may include notices about your account, like payment authorizations, password changes and other transactional information, legal notices, or promotional offers. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

12. PROMOTIONS AND PURCHASES

12.1 (a) Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website, including promotions or other similar features, all of which terms are made a part of these Terms of Service by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Service and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service.

(b) Our obligations, if any, with regard to our products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.

13. OPEN SOURCE

13.1 A significant part of our services is powered by crowd-sourced materials and content. Our website uses open-source libraries. We believe in the immense power of the open-source community and utilize open-source resources to bring our services and content to you. We censure that all such uses are under valid licenses and rights. The open-source software and resources used by us are – 

Open Source Product/Component

License

MongooseIM

 

MapsForge

 

OpenLayer

 

 

 

 

 

 

13.2 If you want the entire Derivative Database; or the file containing all of the alterations made to the Database or the method of making the alterations to the Database (such as an algorithm), including any additional Contents, that make up all the differences between the Database and the Derivative Database. Please write to us at: [email protected] 

14. USE OUTSIDE THE US

14.1 We make no representation that materials or other content in the Website are appropriate or available for use outside the United States of America, its territories, possessions and protectorates. If you choose to access the Website from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from Canada or the country you reside in.

15. SEVERABILITY

15.1 If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service is to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect.

16. NON-WAIVER

16.1 The failure to enforce at any time any of the provisions of these Terms of Service shall not be construed to be a waiver of the right thereafter to enforce any such provision.

17. ASSIGNMENT

17.1 You may not assign the Terms of Service (by operation of law or otherwise) and any prohibited assignment will be null and void. We may assign the Terms of Service or any rights or obligations hereunder without your consent. 

18. NOTICE

18.1 Notwithstanding anything in this Agreement, we may provide you with notice by any means, including (without limitation) via email, postings on the Websites and changes to this Agreement. If you don’t consent to receive notices electronically, you must stop using the Website and our Services. 

18.2 Any notice or other communication required to be given under these Terms of Service, shall be in writing and shall be delivered personally, or by email, or sent by pre-paid first-class post or recorded delivery or by commercial courier, to each party required to receive the notice or communication. Any notice or other communication shall be deemed to have been duly received: (i) if delivered personally, when left at the address and for the contact referred to in this clause; or (ii) if delivered by email, upon leaving the sender’s outbox; or (iii) if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second business day after posting; or (iv) if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed.

18.3 A notice that we give is deemed given even if it is intercepted by your spam filter and not actually read. Notices sent to Us pursuant to any section of this Agreement shall be deemed duly served and effective only on actual receipt by Us.

19. GOVERNING LAW

19.1 The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Texas and the United States of America. Unless otherwise provided in this Agreement, any legal action or proceeding arising under the Terms of Service shall be brought exclusively in courts located in the State of Texas, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. The parties to this agreement waive their respective rights to a trial by jury.

20. ENTIRE AGREEMENT

20.1 The Terms of Service, together with the rules and policies of the Website and any other relevant documents herein mentioned, constitute the entire agreement between SITENEAR and you with respect to the subject matter hereof.