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CUP A JOE WITH MO™
Terms and Conditions of Use

THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE AND THE CUP A JOE WITH MO™ PRODUCTS. BY ACCESSING THE SITE, YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS THE SITE.

BY USING MOMENTUM BUSINESS CONSULTING’S SERVICE, A COLORADO LIMITED LIABILITY COMPANY, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS MOMENTUM BUSINESS CONSULTING MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THIS AGREEMENT AND ANY MODIFICATIONS THERETO.


1. Contact Information.
Momentum Business Consulting
Contact Us
Momentum Business Consulting
P.O. Box 270071, Louisville, CO 80027
(303) 494-1831
Email: info@momentumbc.com
Website: www. momentumbc.com

2. Definitions.

  • “Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site.
  • “Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications.
  • “CJM” refers to Cup a Joe With Mo™.
  • “Exercise Files” refers to the exercise files prepared by the authors for use with the training videos and other media.
  • “Momentum Business Consulting” refers Momentum Business Consulting, a Colorado limited liability company.
  • “Affiliate” is an organization whose members are made up of small business ownersor others engaged or otherwise interested in business. An Affiliate may be compensated for each subscription purchased by one of its members when members purchase a subscription to Cup a Joe With Mo™ using a promotional code that is assigned to the organization.
  • “Cup a Joe With Mo™” means the subscription-based database of audio-visual works that is available through the Site and is part of the Site.
  • “Premium Content” means access to Standard Content, in addition to searchable access to archived videos, participation in monthly question and answer conference call, and opportunity to submit questions for possible inclusion in monthly conference calls.
  • “Standard Content” means access to weekly webinars put on by Cup a Joe With Mo™, in addition to other Subscriber benefits listed on the Subscriber Pricing Sheet.
  • “Subscriber” refers to any person or entity that purchases a subscription to Cup a Joe With Mo™.
  • “User” refers to any party who Accesses the Site. Only Subscribers or those authorized to use a subscription to Cup a Joe With Mo™ are authorized to be Users.
  • “Website” or “Site” refers to the website maintained by Momentum Business Consulting, available at www.cupofjoewithmo.com.
  • “You” or “Your” refers to the User.

3. Modification of Terms.

Momentum Business Consulting reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after Momentum Business Consulting gives notice to the User. Notice can be given through e-mail, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.

4. Limited License.

Momentum Business Consulting hereby grants each Subscriber a limited, non-exclusive, non-transferable license to Access the content and information available in the CJM media according to the provisions contained herein, and subject to the payment of the applicable subscription fees and adherence to these Terms. Whether the Subscriber receives a license to the Premium Content or Standard Content depends on the subscription plan chosen.

A Subscriber may not permit anyone other than the Subscriber to access the CJM webinar or video content from any Internet connection.

5. Fees; Renewal; Refund Policies.

Monthly Standard

  • Access to Standard Content
  • Monthly subscription plan
  • Automatically renews monthly until cancelled by Subscriber
    • Automatically renews on the same date of each corresponding month or on final date of subsequent month if no corresponding date
    • Fees charged on renewal date
  • Subscription fees are non-refundable
  • Discounts, rebates or other special offers only valid for initial term; subscriptions renew at the then-current full subscription rates
  • Momentum Business Consulting may increase subscription fees for a subsequent subscription period at any time and for any reason, provided however, that Momentum Business Consulting provides notice at least thirty (30) calendar days prior to the expiration of the subscription
  • Momentum Business Consulting may terminate the subscription and these Terms if it is unable to renew the subscription based on inaccurate or outdated credit card information
  • Right of Access to the Cup a Joe With Mo™ content granted under these Terms is effective only upon payment of the subscription fees

Monthly Premium

  • Access to Premium Content
  • Monthly subscription plan
  • Automatically renews monthly until cancelled by Subscriber
    • Automatically renews on the same date of each corresponding month or on final date of subsequent month if no corresponding date
    • Fees charged on renewal date
  • Subscription fees are non-refundable
  • Discounts, rebates or other special offers only valid for initial term; subscriptions renew at the then-current full subscription rates
  • Momentum Business Consulting may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that Momentum Business Consulting provides notice at least thirty (30) calendar days prior to the expiration of the subscription
  • Momentum Business Consulting may terminate the subscription and these Terms if it is unable to renew the subscription based on inaccurate or outdated credit card information
  • Right of Access to the Cup a Joe With Mo™ content granted under these Terms is effective only upon payment of the subscription fees

Annual Standard

  • Access to Standard Content
  • Annual subscription plan
  • Automatically renews yearly until cancelled by Subscriber
    • Automatically renews on the same date of each corresponding year or on final date of month if no corresponding date
    • Fees charged on renewal date
  • Subscription fees are non-refundable
  • Discounts, rebates or other special offers only valid for initial term; subscriptions renew at the then-current full subscription rates
  • Momentum Business Consulting may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that Momentum Business Consulting provides notice at least thirty (30) calendar days prior to the expiration of the subscription
  • Momentum Business Consulting may terminate the subscription and these Terms if it is unable to renew the subscription based on inaccurate or outdated credit card information
  • Right of Access to the Cup a Joe With Mo™ content granted under these Terms is effective only upon payment of the subscription fees

Annual Premium

  • Access to Premium Content
  • Annual subscription plan
  • Automatically renews yearly until cancelled by Subscriber
    • Automatically renews on the same date of each corresponding year or on final date of month if no corresponding date
    • Fees charged on renewal date
  • Subscription fees are non-refundable
  • Discounts, rebates or other special offers only valid for initial term; subscriptions renew at the then-current full subscription rates
  • Momentum Business Consulting may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that Momentum Business Consulting provides notice at least thirty (30) calendar days prior to the expiration of the subscription
  • Momentum Business Consulting may terminate the subscription and these Terms if it is unable to renew the subscription based on inaccurate or outdated credit card information
  • Right of Access to the Cup a Joe With Mo™ content granted under these Terms is effective only upon payment of the subscription fees

6. Affiliate Subscriptions

Affiliate Subscriptions for Access to Cup a Joe With Mo™ are available to Subscriber who purchases a subscription to Cup a Joe With Mo™ using an Affiliate .

7. Access to Cup a Joe With Mo™; Modification of Content.

Momentum Business Consulting strives to provide Cup a Joe With Mo™ to its Subscribers on a continuous basis. To that end, Momentum Business Consulting will take all commercially reasonable efforts to provide uninterrupted Access to Cup a Joe With Mo™ to its Subscribers. However, from time to time, Subscribers may be unable to Access Cup a Joe With Mo™ due to conditions beyond Momentum Business Consulting’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of Cup a Joe With Mo™ to its Subscribers, Momentum Business Consulting will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.

Momentum Business Consulting endeavors to provide the highest quality content to its Subscribers. To that end, Momentum Business Consulting reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.

Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.

8. LIMITED WARRANTIES.

MOMENTUM BUSINESS CONSULTING PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE.

MOMENTUM BUSINESS CONSULTING'S SOLE LIABILITY FOR ANY BREACH OF WARRANTY SHALL BE, IN ITS SOLE AND ABSOLUTE DISCRETION: (A) TO REPLACE THE DEFECTIVE MEDIA; (B) TO ADVISE THE USER HOW TO ACHIEVE SUBSTANTIALLY THE SAME VIEWING EXPERIENCE AS DESCRIBED; OR (C) IF THE ABOVE REMEDIES ARE IMPRACTICABLE, TO REFUND THE SUBSCRIPTION FEE PAID FOR ACCESS TO CUP A JOE WITH MO™. THE USER MUST INFORM MOMENTUM BUSINESS CONSULTING OF ANY PROBLEM WITH ACCESS TO THE CONTENT OR THE VIEWING EXPERIENCE WITHIN THIRTY (30) CALENDAR DAYS OF DISCOVERING THE PROBLEM OR MOMENTUM BUSINESS CONSULTING WILL NOT BE OBLIGATED TO HONOR THIS WARRANTY. MOMENTUM BUSINESS CONSULTING WILL USE COMMERCIALLY REASONABLE EFFORTS PROVIDE ACCESS TO MISSED OR DEFECTIVE CONTENT PURSUANT TO THE FOREGOING WARRANTY WITHIN THIRTY (30) CALENDAR DAYS OF BEING SO NOTIFIED. IF THE USER VIOLATES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL BE VOID.

ALTHOUGH MOMENTUM BUSINESS CONSULTING HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN. NO INFORMATION PROVIDED ON THE SITE OR IN ANY CONTENT PROVIDED ON THE SITE OR IN MONTHLY Q & A SESSIONS SHALL BE CONSTRUED AS LEGAL ADVICE.

9. DISCLAIMERS AND LIMITATION OF LIABILITY.

USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH IN SECTION 10), EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. MOMENTUM BUSINESS CONSULTING DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SITE. MOMENTUM BUSINESS CONSULTING DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL MOMENTUM BUSINESS CONSULTING OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU VIEW IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING THEREFROM IN EXCESS OF THE AMOUNT MOMENTUM BUSINESS CONSULTING RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS CUP A JOE WITH MO™ CONTENT, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES OR MALWARE. IN NO EVENT WILL MOMENTUM BUSINESS CONSULTING BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT MOMENTUM BUSINESS CONSULTING RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE MOMENTUM BUSINESS CONSULTING, EVEN IF MOMENTUM BUSINESS CONSULTING SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF MOMENTUM BUSINESS CONSULTING, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. MOMENTUM BUSINESS CONSULTING IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.

NO DEALER, AGENT, OR EMPLOYEE OF MOMENTUM BUSINESS CONSULTING IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.

MOMENTUM BUSINESS CONSULTING DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT MOMENTUM BUSINESS CONSULTING RECEIVED FROM THE SUBSCRIBER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE.

THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.

10. Third Party Content; Hyperlinks.

You acknowledge that Momentum Business Consulting does not pre-screen third party materials. Momentum Business Consulting is not the publisher or author of any information on the Site that is provided by third party content providers, and Momentum Business Consulting is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and Momentum Business Consulting’s use of the content constitutes neither an endorsement nor a recommendation by Momentum Business Consulting of the content. Momentum Business Consulting assumes no responsibility for third party products or services.

Momentum Business Consulting may contain links and references to other third party websites and materials. Momentum Business Consulting does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. Momentum Business Consulting does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. Momentum Business Consulting may disable any hyperlink to the Site. Momentum Business Consulting has the right but not obligation to monitor third party websites and hyperlinks to the Site.

MOMENTUM BUSINESS CONSULTING MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, MOMENTUM BUSINESS CONSULTING DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

11. Copyrights, Trademarks and Other Proprietary Rights.

Momentum Business Consulting or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Momentum Business Consulting. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in Cup a Joe With Mo™ may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Momentum Business Consulting, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of Momentum Business Consulting’s intellectual property except as set forth in Section 4.

Any unsolicited submission of intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to Momentum Business Consulting, may result in forfeiture of intellectual property rights and moral rights contained in such communication or material.

12. Indemnification.

User agrees to defend, indemnify and otherwise hold harmless Momentum Business Consulting and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.

13. Security; Authorized Use.

Users are prohibited from violating or attempting to violate the security of the Site. Momentum Business Consulting has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Momentum Business Consulting may suspend Your Access while it conducts an investigation. Users are required to enter a user name and password to Access Cup a Joe With Mo™. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your user name and password.

You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms.

You may not use the account, user name or password of someone else at any time. You agree to notify Momentum Business Consulting immediately of any unauthorized use or loss of Your account, user name, password and/or credit card information. You also agree to notify Momentum Business Consulting immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. Momentum Business Consulting will not be liable for any loss that You incur as a result of someone else using Your user name and password with or without Your knowledge. You may be held liable for any losses incurred by Momentum Business Consulting, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user name or password.

14. Termination of Agreement.

In addition to Momentum Business Consulting’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Momentum Business Consulting may also terminate Access to Cup a Joe With Mo™or cancel subscriptions to Cup a Joe With Mo™ without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that Momentum Business Consulting deems inappropriate.

In the event of termination of this Agreement, the provisions in this Section and the provisions found in Sections 2, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 shall survive in perpetuity. Each Subscriber’s obligation to pay outstanding subscription fees shall survive any termination of this Agreement.

15. Privacy Policy.

Momentum Business Consulting values Your trust. In order to honor that trust, all of Momentum Business Consulting’s employees are required to adhere to ethical standards in gathering, using, and safeguarding any information You provide. For more information, please review Momentum Business Consulting’s Privacy Policy, the terms of which are incorporated into this Agreement as if set forth in full.

16. Miscellaneous.

These Terms constitute the entire agreement between Momentum Business Consulting and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Momentum Business Consulting and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, Momentum Business Consulting may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Momentum Business Consulting’s remedies are cumulative and not exclusive. Failure of Momentum Business Consulting to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. Momentum Business Consulting makes no representation that the content of the Site is appropriate or available for use in all locations. Momentum Business Consulting operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. Momentum Business Consulting cannot provide notifications via post, only e-mail.

17. Governing Law; Dispute Resolution; Forum and Venue.

These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by Colorado law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and Momentum Business Consulting shall be finally resolved through binding arbitration in Boulder, Colorado. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the 20th District Court, Boulder County, Colorado or the United States District Court for the District of Colorado. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the 20th District Court, Boulder County, Colorado or the United States District Court for the District of Colorado a for any equitable claim or other action related to or arising from these Terms. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.

EFFECTIVE DATE: April 23, 2013