Welcome to Good Credit For Life’s Web site (the “Site”). Good Credit For Life, LLC (GCFL) provides consumer credit services and has a principal place of business at 2950 North Loop West, Suite 500, Houston, Texas 77092. By using the Site, you agree to be bound by the terms and conditions of use set forth in the Terms of Use. This is a legally binding agreement. If you do not agree with the Terms of Use (“Terms”) you should not use the Site and must leave the Site. The Terms are between you and GCFL, its past, present, or future parents, subsidiaries, affiliates, predecessors, assignees, successors, and their respective agents, employees, directors, officers, partners, and members (whether acting in their corporate or individual capacity) (“GCFL” “we” or “us”). Notwithstanding any language in the Terms to the contrary, the Terms have the same effect as an agreement in writing and govern your use of the Site and its content. Your engagement of GCFL’s services (the “Services), your request that GCFL contact you about its credit repair services, and/or your participation in GCFL communications, including but not limited to email and text message campaigns.

A. Intellectual Property

The Site and its original content, features and functionality are and will remain the exclusive property of GCFL. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All materials contained on the Site are protected by copyright and are owned or controlled by us or the party credited as the provider of the Site. You will abide by any and all additional copyright notices, information, or restrictions contained on the Site. Permission is given to view the material on these web pages and save that material only for your personal reference. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from GCFL.

Subject to the above, you may not modify, copy, distribute, republish, or upload any of the material on the Site in any way unless you obtain the prior written consent of GCFL. No intellectual property or other rights shall be transferred to you through your use of the Site. We are not able to confirm that the materials contained on these web pages are correct in every case. GCFL reserves the right to make changes to the Site, including the availability of any feature, database, content, Web page materials, product information and prices on the Site at any time without notice or liability. GCFL may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

B. Notices and How to Contact Us

GCFL may provide notice to you via the e-mail address you provided during registration, by text message to the phone number you provided during registration, by a general notice on the Site, or by written communication delivered by first class U. S. Postal Service, or express courier to your address on record in the GCFL account information. You may give notice to GCFL at any time by email to customercare@goodcredit4life.com or letter delivered by first class postage prepaid U.S. mail or overnight courier to GCFL Customer Support at 2950 North Loop West, Suite 500, Houston, TX 77092.

C. Eligibility to Register on the Site, Subscribe to the Services, and Use this Site and/or the Services

You represent that you are of legal age and you agree to the terms and conditions set forth in these Terms and Conditions. If you register for, enroll for, purchase and/or use GCFL services, you represent you are at least 18 years of age.

You also represent that you are not a person barred from enrolling for, and/or receiving, Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or GCFL Services is limited to users in the United States.  However, recognizing the global nature of the Internet, it may be possible to access and/or use the Site and/or the Services outside of the United States. In the event of such access and/or use, you agree to comply with all local rules regarding online conduct and transmission of information, including, without limitation, all applicable laws regarding the transmission of technical data exported from the United States or any other jurisdiction, and you acknowledge that GCFL makes no representation or warranty that GCFL, any of the Services, or any information on the Site or transmitted via a Service is lawful in any jurisdiction outside the United States.

To register on the Site, to subscribe to GCFL Services and to use the GCFL Site and GCFL Services, you agree: (i) to comply with these Terms and Conditions, (ii) acknowledge the Privacy Policy of GCFL as posted on the GCFL website, (iii) to fully, accurately and truthfully complete the registration profile, using valid information that includes, but is not limited to, your name, mailing address, phone number and email address (“Personal Contact Information”, PID), (iv) to fully and accurately complete any and all other items requested or required when you use the Site or the Services, (v) to set your Internet browser to accept “cookies” from the Site, and (vi) that by registering on the Site, subscribing to the Services and/or using the Site or the Services you are agreeing to opt-in to the receipt of communications, such as newsletters and offers, by mail, email, or text message from GCFL. If you do not wish to receive such communications, you may opt-out at any time. See “CAN-SPAM ACT Compliance,” below.   NOTE: YOU CANNOT OPT-OUT FROM RECEIVING FURTHER COMMUNICATIONS FROM GCFL IF YOU WISH TO SUBSCRIBE TO OUR SERVICES. IF YOU OPT-OUT OR UNSUBSCRIBE WHILE SUBSCRIBED TO OUR SERVICES, YOU WILL BECOME INELIGIBLE FOR THE RECEIPT OF AND USE OF OUR SERVICES.

• You consent to: (i) GCFL’s disclosure of your Personal Contact Information with agents, employees, and affiliates of GCFL and for any other reason as described in our Privacy Policy; and (ii) the use of “cookies.”
• In order to determine your compliance with these Terms and Conditions and the Privacy Policy (the “Privacy Policy”), we reserve the right to monitor your access to and use of the Site and the Services. GCFL may, in its sole discretion, refuse to accept your registration or subscription due to non-compliance with any eligibility or subscription requirement.

D. Limitations on Use.

You agree not to: (i) access the Site or use the Services in an unlawful way or for any unlawful purpose, (ii) post or transmit (a) a message under a false name, or (b) any data, materials, content or information (including, without limitation, advice and recommendations) (collectively, “Information”) which (x) is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (y) contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damages, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers or Information or facilitate or promote hacking or similar conduct, (iii) impersonates or misrepresents your identity or falsely states or misrepresents your affiliation with a person or entity, (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services, (v) use robots or scripts with the Site, (vi) or attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, Information on or received by this Site, or (vii) to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie settings.

You agree that any Information you provide or use on the Site, and your use of the Site or the Services, will not infringe on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties. GCFL may delete any Information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property, ownership or other right of any other person.

E. Your Account.

You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your password. You agree to prohibit anyone else from using your password and to immediately notify GCFL in writing of any unauthorized use of your password or other security concerns of which you become aware.

F. Operation and Record Retention

GCFL reserves complete and sole discretion with respect to the operation of the Site and the Services. GCFL may, among other things, withdraw, suspend or discontinue any functionality or feature of the Site or the Services. GCFL is not responsible for transmission errors or corruption or compromise of Information carried over local or interchange telecommunication carriers. GCFL is not responsible for maintaining Information arising from an individual’s use of the Site or in respect of the Services. GCFL reserves the right to maintain, delete or destroy all communications and Information posted or uploaded to the Services pursuant to its internal record retention, archiving, and/or destruction policies.  Notwithstanding the foregoing, GCFL archives all Personal Information and GCFL will archive your records associated with usage of GCFL site and Services for Seven (7) years.

G. FRAUD

GCFL may contact you by telephone, text, mail, or email to verify your Personal Contact Information. GCFL reserves the right to request further information from you and you agree to provide such further information, to ensure you have not fraudulently completed your registration on the Site or subscription to the Services. If you do not provide this information to GCFL and in the manner requested within fourteen (14) days of such request, GCFL may reject your registration and subscription or suspend your registration and subscription until you satisfactorily comply with GCFL’s information request.

H. Plans and Rates for the Services.

The Plans and Pricing Page, as may be amended from time to time in GCFL’s sole discretion and is hereby incorporated by reference into and made a part of these Terms and Conditions.

I. Payment

You agree to timely (or immediately, if required) pay GCFL all amounts due and owing pursuant to the plan for the Services to which you subscribe and for all other fees that may be charged in connection with your use of the Services or upon registration. You may be asked to provide a valid credit card number to make a payment or recurring payments.

J. Secure Purchases

We accept all major credit/debit cards and will ask your permission to charge your credit card every month on the same day to keep your membership active without you having to remember to log back into the site.  Please review the Privacy Policy to see what measures GCFL takes to enhance the security of your payment and purchase experience on the Site.

K. CAN-SPAM ACT Compliance

We are committed to being compliant with the “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003” (“CAN-SPAM Act”), and e-mail newsletters and correspondence received from us are intended to fully comply with the CAN-SPAM Act. In the event you receive an e-mail from us which you do not believe is fully compliant with the CAN-SPAM Act, please contact us immediately at the address listed above under the section “Notices and How to Contact Us.” Click to unsubscribe or opt-out of e-mail communications from GCFL at any time or type “unsubscribe” in e-mails you receive from GCFL. NOTE: YOU CANNOT OPT-OUT FROM RECEIVING FURTHER COMMUNICATIONS FROM GCFL If you wish to subscribe to our SERVICES. IF YOU OPT-OUT OR UNSUBSCRIBE WHILE SUBSCRIBED TO OUR SERVICES, YOU WILL BECOME INELIGIBLE FOR THE RECEIPT OF AND USE OF OUR SERVICES.

L. Third Party Web Sites

GCFL may provide links to third party’ Web sites. Further, if you click on a banner advertisement that appears on one of the pages of the Site, you may be transported to a third party’s Web site and away from this Site. These Terms and Conditions and the GCFL Privacy Policy apply to your relationship with GCFL only and do not describe the terms and conditions, privacy policies or other policies of third parties with regard to (but without limitation) the collection, use and disclosure of personally identifiable information. GCFL is not responsible for the terms and conditions, privacy practices, accuracy, copyright compliance, legality, decency or any of the Information, products, services or any transmissions received by or through third parties. If you click on a banner advertisement or a link to a third party’s Web site, you should review the privacy policy of the third party’s web site to determine that third party’s practices with regard to the collection, use and disclosure of personally identifiable information. Any link on the Site to any third party’s Web site does not imply an endorsement of the terms or privacy practices of any third party by GCFL. Third parties are not authorized to make any representation or warranty on GCFL’s behalf. You agree that GCFL has no liability, obligation, or duty whatsoever for any third party’s terms and conditions or privacy practices or any third party’s Web sites and your use or misuse of them. If you wish to suspend e-mail or mail communications from third parties, you must contact them directly.

M. Right to Change Terms and Conditions

GCFL may, at any time and from time to time, in its sole discretion, change these Terms and Conditions. Any changes to these Terms and Conditions will be effective immediately upon posting of the changed Terms and Conditions on the Site. You agree to review these Terms and Conditions periodically, and your use of the Site following any such change constitutes your agreement to follow and be bound by such changed Terms and Conditions.

N. Term and Termination

These Terms and Conditions shall commence upon the date you first access the Site. Either you or GCFL may terminate these Terms and Conditions and your right to use the Services at any time in writing, with or without cause. These Terms and Conditions and the licenses granted hereunder shall terminate without notice in the event you fail to comply with the terms and conditions of these Terms and Conditions, as revised from time to time. Upon any termination, you shall cease any access to or use of the Services. If you terminate these Terms and Conditions and thereafter access the Site, you shall be subject to the Terms and Conditions posted on the Site at that time.

O. YOU ACKNOWLEDGE THAT YOUR USE OR MISUSE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON OR PROVIDED THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GCFL AND ITS MEMBERS, SHAREHOLDERS, DIRECTORS, MANAGERS, EMPLOYEES, OFFICERS, CONTRACTORS, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, “AFFILIATES”) HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, GCFL MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED HEREUNDER. WITHOUT LIMITATION OF THE FOREGOING, GCFL SPECIFICALLY disclaims all liability for the ACTS OR OMISSIONS OF ANY CLIENT, EMPLOYEE OR THIRD PARTY.

P. You acknowledge and agree that we are not responsible for (i) any printing, typographical or technological errors regardless of the matter, media, material or form thereof, (ii) electronic, human, equipment programming or other error, omission, interruption, defect or delay which may occur regardless of the matter, media, material or form thereof, (iii) incorrect, inaccurate, late, lost, stolen, illegible, incomplete or misdirected matters or information regardless of the matter, media, information or form thereof, (iv) technical failures of any kind, (v) inadvertent loss of information; and/or (vi) unauthorized human intervention in any part, material or process or otherwise.

Q. GCFL does not endorse the promotions, products or services of any third parties. GCFL does not warrant or validate the Information of any third party’s advertisements, promotions, communications, or other materials. GCFL does not assume any responsibility or liability for the accuracy of Information contained in the Site or as stated above under “Third Party Web Sites.”

R. Limitation of Liability.

1. IN NO EVENT SHALL EITHER PARTY TO THIS AGREEMENT OR ANY OF THEIR AGENTS OR REPRESENTATIVES BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS, OR REVENUES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT OR ACTIONS TAKEN WITH RESPECT TO THE SERVICES SET FORTH IN THE TERMS REGARDLESS OF (I) WHETHER SUCH DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
2. YOU ACKNOWLEDGE THAT ALL DATA IS HELD BY A THIRD PARTY (the “VENDOR”) AND NOT BY GCFL. YOU AGREE THAT GCFL WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS, OR REVENUES, ARISING FROM ACTIONS TAKEN BY VENDOR WITH RESPECT TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, (I) THE PROTECTION OF YOUR PERSONAL INFORMATION AND OTHER INFORMATION PROVIDED TO VENDOR EITHER BY GCFL OR BY YOU, (II) ANY PRIVACY BREACHES OR IMPROPER DISCLOSURES OF YOUR INFORMATION BY VENDOR, (III) ERRORS OR OMMISSIONS MADE BY VENDOR, AND (IV) DELAYS CAUSED BY THE VENDOR. YOU FURTHER AGREE AND ACKNOWLEDGE THAT ANY ACTION SEEKING DAMAGES AND/OR RECOURSE ARISING FROM ACTIONS TAKEN BY VENDOR WITH RESPECT TO THE SERVICES SHALL BE BROUGHT DIRECTLY AGAINST VENDOR AND NOT THE GCFL. VENDOR CAN BE CONTACTED DIRECTLY AT:
   MIRKU, LLC
   c/o Robert Ellerman
   119 11th Street N., Suite 300A
   Tampa, FL 33602
   robert.ellerman@mirku.com
3. IN NO EVENT SHALL GCFL’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF (I) THE TOTAL OF THE AMOUNTS ACTUALLY PAID TO GCFL PURSUANT TO THIS AGREEMENT IN THE 6 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (II) USD $100.
4. TO THE EXTENT THAT THE LAW RESTRICTS THE APPLICATION OF ANY TERMS SET FORTH IN SECTION R OF THE TERMS GCFL’S AGGREGATE LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
5. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THESE TERMS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
6. Each party to the Terms acknowledges and agrees that the parties entered into the Terms in reliance upon the limitations of liability set forth in this Section R, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.

S. Indemnification.

You agree to indemnify and hold GCFL and its members, managers, employees and agents harmless from and against any and all suits, claims, demands, actions, liabilities, damages, or expenses of whatever form or nature, including attorneys’ fees and other costs of legal defense, whether direct or indirect, that they, or any of them, may sustain or incur, arising out of or related to (a) GCFL’s provision of Services under the Terms; (b) any breach by of the Terms, including, without limitation, any of your representations, warranties or covenants contained herein; (c) the failure to provide true and accurate data to GCFL or data belonging to someone other than yourself; (d) any claims or lawsuits asserted by you arising from any action, inaction, or omission of the Vendor, and/or (e) any negligent or more culpable act or omissions by you.

T. Waiver

YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

U. Force Majeure

Notwithstanding anything herein to the contrary, GCFL shall not be liable for any losses arising out of the delay or interruption of its performance of any obligations due to any act of God, act of governmental authority, act of public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions, or any other cause beyond its reasonable control.

V. No Third Party Rights

Unless expressly stated in these Terms and Conditions or in the Privacy Policy to the contrary, nothing herein or in the Privacy Policy is intended to confer any rights or remedies under or by reason of these Terms and Conditions or the Privacy Policy on any persons other than you, GCFL and its Affiliates. Nothing in these Terms and Conditions and the Privacy Policy is intended to relieve or discharge the obligation or liability of any third persons to any of you, GCFL or its Affiliates, nor shall any provision give any third persons any right of subrogation or action over or against you, GCFL or its Affiliates.

W. Privacy

By accepting these Terms and Conditions, you consent to the collection, use and disclosure of your personally identifiable information provided to us as outlined in the Privacy Policy, which is incorporated herein and made a part of these Terms and Conditions by reference. You may view the Privacy Policy.

X. Entire Agreement; Headings and Construction; Severability

These Terms and Conditions and the Privacy Policy constitute the sole and only agreement of you and GCFL and supersede any prior understandings or written or oral agreements between you and GCFL with respect to their subject matter and constitute a complete and exclusive statement of the terms of the agreement between you and GCFL with respect to their subject matter. The headings contained in these Terms and Conditions and the Privacy Policy are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms and Conditions and the Privacy Policy . The provisions of these Terms and Conditions and the Privacy Policy are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.

• Assignment and Waiver. You may not assign, transfer or delegate these Terms and Conditions or the Privacy Policy or any part of them without GCFL’s prior written consent. GCFL may freely transfer, assign or delegate all or any part of these Terms and Conditions and the Privacy Policy, and any rights and duties hereunder or thereunder. These Terms and Conditions and the Privacy Policy will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties. Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of these Terms and Conditions or the Privacy Policy, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.

Y. Governing Law and Jurisdiction and Venue

1. These Terms and Conditions and the Privacy Policy shall be governed by and construed in accordance with the laws of the Texas, as amended from time to time, without regard to principles of conflicts of law. Any civil action or legal proceeding arising out of or relating pursuant to these Terms and Conditions or Privacy Policy shall be brought in the applicable Federal or State courts located in Texas. Each party consents to the jurisdiction of such court in any such civil action or legal proceeding and waives any objection to the laying of venue of any such civil action or legal proceeding in such court. Service of any court paper may be affected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules. Any cause of action or claim you may have with respect to GCFL must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable.
2. This Web site can be accessed from the United States and other countries worldwide. Since the laws of each State or country may differ, you agree that the statutes and laws of the Texas, without regard to any principles of conflicts of law, will apply to all matters relating to your use of this Site. GCFL makes no representation that Information or services provided on or through this Site are appropriate or available for use in other locations and accessing them from territories where such Information is illegal is prohibited. If you choose to access the Site from other locations, you do so, on your own initiative and are responsible for compliance with local laws.
3. Enforcement Costs
   If any civil action or other legal proceeding is brought for the enforcement of any of these Terms and Conditions or the Privacy Policy or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of any of these Terms and Conditions or the Privacy Policy, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees, sales and use taxes, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that proceeding, in addition to any other relief to which such party or parties may be entitled. Attorneys’ fees shall include, without limitation, paralegal fees, investigative fees, administrative costs, sales and use taxes and all other charges billed by the attorney to the prevailing party (including fees and costs associated with collecting such amounts).
4. WAIVER OF JURY TRIAL
   THE PARTIES HERETO HEREBY WAIVE TRIAL BY JURY IN ANY LITIGATION, SUIT OR PROCEEDING, IN ANY COURT WITH RESPECT TO, IN CONJUNCTION WITH, OR ARISING OUT OF THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY OR THE VALIDITY, PROTECTION, INTERPRETATION, COLLECTION OR ENFORCEMENT THEREOF, AND/OR PERFORMANCE OF ANY OF THE OBLIGATIONS OR SERVICES HEREUNDER OR THEREUNDER; PROVIDED, HOWEVER, THAT WITH RESPECT TO ANY COMPULSORY COUNTERCLAIM (I.E., A CLAIM BY A PARTY HERETO AGAINST ANOTHER PARTY WHICH, IF NOT BROUGHT IN SUCH ACTION, WOULD RESULT IN THE FIRST PARTY BEING FOREVER BARRED FROM BRINGING SUCH CLAIM), A PARTY HERETO SHALL HAVE THE RIGHT TO RAISE SUCH COMPULSORY COUNTERCLAIM IN ANY SUCH LITIGATION, SUIT OR PROCEEDING, WHETHER OR NOT IT IS BEING TRIED BY A JURY.