The Site may be accessed from different locations around the world and may contain references to CJ Affiliate services, and programs that have not been announced where you are located. These references do not imply that CJ Affiliate intends to announce such products, services or programs where you are located. These TOUs shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to principles of conflicts of law thereof. Further, the parties expressly consent to the exclusive jurisdiction and venue in the United States District Court for the Northern District of Texas, Dallas Division, or the District Courts of Dallas County, Texas, and all applicable appellate courts. Accordingly, any action or proceeding brought by either party which is based on, or derives from, these TOUs will be brought in such courts, and you consent to extra-territorial service of process in connection therewith. Any cause of action by you with respect to the Site (and/or information, documents and other materials contained therein) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth under “WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY” above. The language in these TOUs shall be interpreted as to its fair meaning and not strictly for or against you or us. Should any part of these TOUs be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Except as expressly stated otherwise herein, to the extent that anything in or associated with the Site is in conflict or inconsistent with these TOUs, these TOUs shall take precedence. Our failure to enforce any provision of these TOUs shall not be deemed a waiver of such provision nor of the right to enforce such provision.
