Updated: June 23, 2020

Section 1. THROUGH THESE TERMS OF USE, YOU ARE ENTERING INTO A BINDING AGREEMENT WITH Good Sense.

Good Sense NFP is an Illinois non-profit corporation with an office at 301 E. Congress Parkway, #91, Crystal Lake, Illinois 60039 (“GSM”).

These terms of service and use (referred to herein as the “Terms of Use”) set forth the terms, conditions, and requirements applicable to your use of this website and/or any Goods or Services (as defined below).  These terms also apply to any purchase or use of this website and/or any Goods or Services (as defined below) by any other family member, individual, or third party for whom you are acting.  For purposes of these Terms of Use, the terms “You” or “Your” collectively refer to anyone (including you and any other family member, individual, entity, organization, or third party) who uses this website, the contents thereof, and/or the Goods or Services (as defined below).

Additionally, these Terms of Use shall apply to Your use and/or license of GSM’s website, GSM’s intellectual property, technology, electronic learning system, online user platform, software (whether owned directly by GSM or otherwise owned by a third party), services, products, publications (whether or not copywritten), any written materials (regardless of whether such materials are in physical or electronic form), any electronic materials, the “Site Content” (as defined below), “Paid Access” (as defined below), images, likenesses, videos, audio, and all other matters specified herein (collectively referred to herein as the GSM “Goods or Services”).

Without limiting the requirements within these Terms of Use, Your acceptance of these Terms of Use is an express condition to Your use of the Goods or Services.  If You do not accept the following terms and conditions, then do not use GSM’s websites, Goods and Services, purchase anything from or provided by GSM, nor use GSM’s services. Without limiting any terms herein, if You do not have the legal capacity and/or authority to enter into these Terms of Use and bind You hereunder, You are prohibited from (1) using GSM’s website(s); (2) from purchasing or using any Goods and Services from GSM; and/or (3) from otherwise attempting to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Goods or Services in any manner.

These Terms of Use create a binding agreement. Your use of GSM’s website, the Goods or Services, and/or Your submission of information to or through GSM’s website is also governed by GSM’s Privacy Policy, the terms of which are fully incorporated herein by reference and made an express part of this agreement.

In addition to You being bound under these Terms of Use, in order to gain access to GSM’s paid website content (content for registered users for which paid access and a user account is required), for certain program materials, goods, and/or services, You are required to register as a user and log into GSM’s website under Your user account with GSM, including a username and password, and complete the corresponding payment to GSM. By directly or indirectly registering for, creating, viewing, accessing, using, licensing, or otherwise purchasing anything through or from GSM, You are a “User.”

If you purchase access to and use any of GSM’s paid services, You are able to access certain corresponding digital services and/or materials (the “Paid Access”). The website itself and all educational materials, Paid Access, GSM designs, logos, intellectual property, and any other information, content, materials, forms, documents, articles, source code, software, electronic platforms, and other materials incorporated into the website are collectively referred to herein as the “Site Content.”  A User also includes anyone who uses any of GSM’s services, products, or tools without registering themselves. These Terms of Use apply to all Site Content, Goods or Services, and any other materials or information made available through the GSM website at any time, including those not available as of the “Effective Date” above.

Section 2. Disclaimer and Your Assumption of Risk concerning Stewardship Champions.

GSM has a relationship with multiple affiliated third-party ministries, organizations, businesses, and service providers that are also faith-based and working to impact and transform lives (individually a “Stewardship Champion” and collectively the “Stewardship Champions”). Each Stewardship Champion is an independent business and GSM is not a partner, agent, employer, or otherwise responsible for any Stewardship Champion. You acknowledge and agree that GSM is NOT liable for any issue, harm, claim, or injury You, Your spouse, Your family, or anyone else may suffer based on (i) any information provided by or through any Stewardship Champion; nor (ii) the products, services, and/or other deliverables provided by or through any Stewardship Champion, even if such products, services, and/or other deliverables were sold by or through GSM; nor (iii) any action, inaction, fraud, misconduct, misrepresentation, or other wrongful act by any Stewardship Champion.

You expressly waive any and all present and future claims for direct and indirect losses, costs (including without limitation court costs and attorneys’ fees), expenses, liabilities, and any damages (including without limitation any and all direct, indirect, incidental, consequential, and punitive damages, regardless of the cause of such damages and regardless of whether the possible occurrences giving rise to the damage was foreseeable), You, Your family, and Your spouse has and/or may have against GSM resulting from any action, inaction, fraud, negligence, gross negligence, willful misconduct, product(s), good(s), service(s) and/or other deliverables of any Stewardship Champion.

Section 3. Disclaimer and Your Assumption of Risk concerning GSM.

You further understand and agree that GSM is not a law firm, an attorney, accountant, a registered financial planner, financial manager, or other type of financial advisor for which a license, permit, or other local, state, and/or federal agency registration is required (collectively “Professional Service Provider”), and that GSM may not perform services that must be provided by a Professional Services Provider. The Paid Access, and/or Site Content are not intended to be a substitute for the advice or services of a Professional Services Provider.

By using this website and/or Goods or Services, You also agree that:

  • You will not detrimentally rely on any information received from GSM’s website or within or through the Goods or Services;
  • all educational information is provided as general foundational information only and is not legal or professional advice;
  • You do not have the right to make a claim that You were harmed because You used this website and/or any Goods or Services; and
  • Your use of this website and/or any Goods or Services does not create any fiduciary relationship between You and GSM.

You expressly understand and acknowledge that neither GSM nor any of the owner(s), managers, employees, and/or third party contractors, Stewardship Champions, or affiliates of GSM are acting as Your attorney, legal counsel, financial advisor, Professional Services Provider, or otherwise providing You, Your spouse, nor Your family with any legal advice, legal services, or other services that must be provided by a Professional Services Provider.

GSM is not responsible for any direct or indirect loss, injury, claim, liability, or damage related to Your use of (i) GSM’s Goods or Services; (ii) GSM’s website; (iii) information provided by GSM; and/or (iv) any third-party website linked to or referenced in GSM’s website.  GSM is also not responsible for any direct or indirect loss, injury, claim, liability, or damage related to or resulting from technical errors within or downtime involving GSM’s website, GSM’s Goods or Services, and/or the software or technology underlying GSM’s Goods or Services (including without limitation the Paid Content or Site Content).  In short, Your use of the site is at Your own risk.

Section 4. YOUR UNDERSTANDING CONCERNING ARBITRATION.

You acknowledge that You understand that these Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to You in the event of a dispute as described in the GSM Arbitration terms, contained in Section 21 of these Terms of Use.

SECTION 5. WHO MAY USE THIS SITE OR THE GOODS OR SERVICES.

To use any part of this site or the Goods or Services, You must:

  • Be an individual that is at least eighteen years of age;
  • Be Legally able to agree to these Terms of Use; and
  • Not use this website nor the Goods or Services for any prohibited purpose.

You understand that certain materials on the GSM website, including but not limited to questionnaires, documents, instructions, and filings, are only available in English. You will not use any Site Content if You do not have a full understanding and comprehension of and proficiency with the English language.

Section 6. LICENSE TO USE.

Subject to and without limiting the terms of these Terms of Use, GSM grants You a limited, personal, non-exclusive, non-transferable license to use GSM’s Site Content for Your own personal, non-commercial use. Except as otherwise provided, You acknowledge and agree that You have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site Content, and/or Goods or Services in any manner, except for Your filling in certain answers and information under Paid Access for Your own personal, non-commercial authorized use. You shall not under any circumstance remove any copyright notice from any material provided by GSM and/or any Site Content. You shall not under any circumstance use GSM’s website, nor any Site Content, nor any Paid Access (or information, intellectual property, and/or other materials thereunder), nor any license granted hereunder for the benefit of any third party.

Section 7. RESALE OF PAID ACCESS PROHIBITED.

By purchasing, ordering, subscribing for, using, viewing, licensing, and/or downloading Paid Access, You agree that such Paid Access may only be used by You for Your personal, non-commercial use, and may not be sold, licensed, sublicensed, transferred, assigned, duplicated, or otherwise redistributed without the express written consent of GSM.

Section 8. USER INFORMATION.

The information You provide must be correct and complete, and You must update it if any of that information changes.

Without limiting any other term in these Terms of Use, in order to use this site (and/or any Goods or Services), You must agree to:

  • Use Your chosen username and password when You access the site, Goods and/or Services (including without limitation any Paid Access);
  • Not let anyone else use Your username or password to access this site, Goods and/or Services (including without limitation any Paid Access);
  • Be liable for anyone who accesses the site, Goods and/or Services (including without limitation any Paid Access) with Your username and/or password; and
  • Protect Your username and password so that others cannot use it.

Protect Your Password: Do not use Your name, birthday, a single word, or other information that is easy to guess. Instead, use a string of letters and numbers or a phrase. If You suspect someone is using Your login information, contact GSM immediately at (844) 373-3387.

Section 9. NO COMMERCIAL USE BY YOU, ANY OTHER USER, OR ANY OTHER THIRD PARTY.

You may not under any circumstance directly or indirectly use or reference this website, any Site Content, nor any other Goods or Services for the benefit of any third party, nor for any commercial purpose for Yourself and/or any third party. You may only use this website, any Site Content, and/or any other Goods or Services for Your own personal, non-commercial purposes. You may not use, directly or indirectly, this site, any Site Content, nor any other Goods or Services if You are providing a competing service to GSM, offer, and/or are developing (or intending to develop) a competing product or service offering for Your own benefit and/or for the benefit of any third-party individual, group, church, charity, religious organization, non-profit organization, for-profit organization, business, and/or any other possible entity. Unless GSM gives You its prior express written permission, You may not reproduce, copy, change, publish, display, distribute, reverse engineer, screenshot, or otherwise emulate any part of this website, Site Content, and/or any Goods or Services except as expressly permitted by these Terms of Use.

By using this website, any Site Content, and/or any other Goods or Services, You further agree that:

  • You shall not detrimentally rely on any information received from this website nor the Goods or Services;
  • You do not have the right to make a claim that You were harmed because You used this website, Paid Access, and/or any Goods or Services;
  • You consent to have any data You provide to GSM, including personal data, transferred to and processed in the United States or otherwise; and
  • You shall refrain from copying, recording, duplicating, and/or distributing any information, materials, and/or other Goods or Services in any manner under any circumstance.

Section 10. THIRD PARTY SERVICES.

If You purchase a product that involves third party services, You may be required to accept additional terms located on the third party’s site. GSM HEREBY DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS, AND/OR SERVICES POSTED OR OFFERED AS PART OF ANY THIRD-PARTY SERVICES. GSM IS NOT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. A THIRD-PARTY MAY HAVE A PRIVACY POLICY AND/OR ITS OWN TERMS OF USE DIFFERENT FROM THAT OF GSM, AND THE THIRD-PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE GSM SITE.

Section 11. NO ILLEGAL ACTIVITIES.

GSM may investigate any conduct that GSM detects of a nature GSM deems questionable or potentially wrongful, as well as any complaints and reported violations. If GSM suspects illegal or inappropriate activity, GSM may report it to law enforcement officials, regulators, or other parties. GSM may disclose User information of anyone, or any entity involved in that activity, including user profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information. GSM reserves the right to immediately close any User account and prohibit any User from accessing or using GSM’s website, Site Content, and/or Goods or Services (including without limitation Paid Access).

You must not use this site, the Site Content, nor any Goods or Services in any way that violates any local, state, and/or U.S. law, regulation, or ordinance.

*Do not use or access this website (including without limitation any Paid Access and/or user account) to:

  • Upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of someone’s privacy, hateful, or racially, ethnically objectionable, or wrongful in some other way;
  • Harm a child in any way;
  • Misrepresent Your affiliation with a person, company, business or agency or impersonate a person company, business or agency, including GSM or its staff;
  • Stalk or harass someone; and/or
  • Use any function of this website to collect or store personal data about other users.

Section 12. NO PROHIBITED ACTIVITIES OR ACTIONS.

In addition to, and without limiting, any terms or conditions in these Terms of Use, You shall not:

  • Upload unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other form of solicitation;
  • Upload material that contains software viruses or any other computer code, files or programs designed to interrupt, slow down, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment;
  • Interfere with this website, any part of the Site Content, and part of the Paid Access, any Goods or Services, and/or the servers and networks connected to GSM’s website, Goods or Services, Paid Access, and/or Site Content;
  • Disobey any requirement, procedure, policy or regulation of a network connected to GSM’s website, Goods or Services, Paid Access, and/or the Site Content.

You must not use any part of this site, its content, any Goods or Services, the Site Content, or its underlying programs to:

  • Decompile, extract or disassemble GSM’s source code;
  • Decompile, extract or disassemble the source code of any third party;
  • Copy, change, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes any part of this site, its content or its software, except as allowed by other terms of this agreement;
  • Rent, lease, loan, sell, sub-license, or create derivative works from this site, the Paid Content, and/or any other Goods or Services;
  • Use software or other methods to monitor, scrape, replicate, and/or copy our site, software, and/or Goods or Services;
  • Determine the site architecture or extract information about usage, users, and/or their identities; and/or
  • Use, export, or re-export any part of this website, its content, and/or any Goods or Services in violation of U.S. export control laws.

Section 13. PRIVACY.

You must not use any material owned by GSM or licensed to GSM by a third party for any prohibited use, including without limitation, any commercial use. This includes:

  • Text, forms, documents, images, graphics, logos, or button icons
  • Any other material or information You get from GSM’s contributor(s)
  • Other content or copyright material (or material for which a copyright could be obtained) owned by GSM or any third party
  • Any GSM trademark, service mark, or logo

To use this site, You must also agree to GSM’s Privacy Policy.

Section 14. FUTURE PRODUCTS AND SERVICES.

You acknowledge and agree that if You choose to add a product or service to Your order subsequent to any initial purchase from GSM, these Terms of Use will apply to that additional product or service purchase as well.

Section 15. LINKS TO OTHER WEBSITES; LINKS TO GSM’S WEBSITE.

This website may list links to other websites. We do this for the convenience of You and other users only. When You click on a link to other websites, You leave this website. Those links are not a recommendation or approval of those sites or their owners and those websites are not under GSM’s control. GSM is not responsible for those websites, the information, services or products they may offer, or any loss or damage You may have at or incur through those sites. Unless You have GSM’s express, written permission to do so, You may not link to this website from another website. If GSM gives You permission to link to this site, GSM may cancel that permission at any time.

Section 16. ACCESS TO THE WORLD WIDE WEB; INTERNET DELAYS.

To use most of GSM’s Goods or Services, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain GSM services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. You acknowledge that You understand that GSM is not responsible for delays, delivery failures, or other damage resulting from such problems.

Section 17. FORCE MAJEURE.

GSM shall not be considered in breach of or default under these Terms of Use or any contract with You, and GSM shall not be liable to You for any cessation, interruption, or delay in the performance of GSM’s obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, government-mandated closure or shutdown, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than 60 days in the aggregate, GSM may immediately terminate these Terms of Use and shall have no liability to You for or as a result of any such termination.

Section 18. RIGHT TO REFUSE. You acknowledge that GSM reserves the right to refuse service to anyone at any time with or without notice (subject to any requirements under controlling law).

Section 19. ADDITIONAL ACKNOWLEDGEMENT.  You acknowledge and agree that GSM is not a registered or bonded legal document assistant under California Business and Profession Code, sections 6400 et seq. and is also not a Certified Financial Planner under the Certified Financial Planner Board of Standards, Inc.

Section 20. DELIVERY.

For products delivered via physical shipment, You understand that GSM uses a variety of carriers for each shipping option and will choose a delivery method when shipping to You unless you have selected and paid for a specific delivery method/service.

Section 21. ARBITRATION.

For the purposes of this Arbitration Agreement, references to “GSM,” “You,” and “us” include our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms of Use or any prior agreements between us.

(a) You and GSM agree to arbitrate any and all disputes and claims between us before a single arbitrator. The types of disputes and claims we (You and GSM) agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:

  • claims arising out of or relating to any aspect of the relationship between You and GSM, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
  • claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
  • claims that are currently the subject of purported class action litigation in which You are not a member of a certified class; and
  • claims that may arise after the termination of these Terms of Use.

This arbitration agreement does not preclude You from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on Your behalf. You agree that, by entering into these Terms, You and GSM are each waiving the right to a trial by jury or to participate in a class action. These Terms of Use evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.

(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to GSM should be addressed to: Notice of Dispute, Registered Agent, 113 Carmella Drive, Crystal Lake, IL 60012 (the “Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought (“Demand”). If GSM and You do not reach an agreement to resolve the claim within 30 days after the Notice is received, You or GSM may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by GSM or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or GSM is entitled.

You may download or copy a form Notice and a form to initiate arbitration from the AAA website at:

https://www.adr.org/sites/default/files/Commercial%20Demand%20for%20Arbitration.pdf

There may be different forms from the AAA website that are applicable to Your given state.

(c) After GSM receives notice at the Notice Address that You have commenced arbitration, it will promptly reimburse You for Your payment of the filing fee, unless Your claim is for more than $75,000. (Currently, the filing fee for consumer-initiated arbitrations is $200, but this is subject to change by the arbitration provider. If You are unable to pay this fee, GSM will pay it directly after receiving a written request at the Notice Address.) The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at https://www.adr.org or by calling the AAA at 1-800-778-7879. (You may obtain information about the arbitration process directed to non-lawyers, including information about providing notice to GSM at the American Arbitration Association website. The arbitrator is bound by these Terms of Use (including without limitation all disclaimers and liability waivers herein). All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless GSM and You agree otherwise, any arbitration hearings will take place in McHenry County, Illinois. If Your claim is for $10,000 or less, You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephone hearing, or by an in-person hearing as established by the AAA Rules. If You choose to proceed either in person or by telephone, GSM may choose to respond only by telephone or submission. If Your claim exceeds $10,000.00, the AAA Rules will determine whether You have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which GSM was a party. Except as otherwise provided for herein, GSM will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, You agree to reimburse GSM for all monies previously disbursed by it that are otherwise Your obligation to pay under the AAA Rules. In addition, if You initiate an arbitration in which You seek relief valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed by the AAA rules.

(d) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND GSM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both You and GSM agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither You nor GSM may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

(e) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.

(f) Notwithstanding any provision in the applicable Terms of Use to the contrary, GSM agrees that if GSM makes any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if GSM seeks to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to You, and shall not be effective as to disputes which arose prior to the date of termination.

Section 22. LIMITATION OF LIABILITY; INDEMNIFICATION.

Limitation of Liability. GSM EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF GSM’S SERVICES SHALL BE AT YOUR OWN RISK. GSM SHALL NOT UNDER ANY CIRCUMSTANCES BE RESPONSIBLE FOR ANY LOSS OR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY ARISING FROM YOUR USE, REGISTRATION TO USE, OR INABILITY TO USE, GSM’S SERVICES, EVEN IF GSM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD GSM AND ITS OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, OWNERS, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF GSM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF GSM, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY. THIS SECTION DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.

Section 23. CHOICE OF LAW.

These Terms of Use shall be governed by and construed in accordance with the laws of Illinois, without giving any effect to any principles of conflicts of law. Subject to the Arbitration Section of these Terms of Use (which shall control), You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Illinois and You hereby consent to the personal jurisdiction of such courts for the purpose of litigating any action.

Section 24. ADDITIONAL ACKNOWLEDGEMENT.

You acknowledge and agree that these terms affect Your legal rights and obligations. If You do not agree to be bound by all of these terms, You will not use GSM’s service or the Site Content. By proceeding You agree to these Terms of Use.