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NearMania.com reserves the right to change any of the terms and conditions contained in this Agreement or any policies or rules governing the website at any time and in its sole discretion. Any such changes will be effective upon the posting of the revised Agreement or such policies and rules on the NearMania.com site. IF YOU DO NOT AGREE TO ANY SUCH CHANGES, DO NOT CONTINUE TO USE THE WEBSITE.

Agreement to NearMania.com's Terms of Use and Privacy Policy. The terms of this Agreement are in addition to and supplement NearMania.com's Privacy Policy. By using this site, you affirm your agreement to abide by NearMania.com's Terms and Conditions as well as the Privacy Policy.

Information and Content. The information contained on this site is for reference only. No claims are made representing any of this data as true. All reasonable care has been taken to try to ensure the accuracy of the information provided. However, NearMania.com accepts no liability, nor warrants any of the information as legally correct. As with all legal matters, you should consult a legal professional with any questions or issues.

Indemnity. You agree to indemnify, defend and hold harmless NearMania.com and its parents, sister companies, subsidiaries, affiliates, serviceproviders, sellers, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to any claim, demand or action, which if true, would constitute a breach or violation of any provision of this Agreement or NearMania.com's Terms of Use, or of any law, regulation or third-party right.

RELEASE. IN THE EVENT OF A DISPUTE OR CLAIM REGARDING ANY ORDER OR PURCHASE MADE THROUGH NEARMANIA.COM, OR BETWEEN YOU AND A BUYER OR OTHER THIRD PARTY RELATED TO ANY ORDER OR PURCHASE MADE THROUGH NEARMANIA.COM, YOU HEREBY RELEASE NEARMANIA.COM AND ITS PARENTS, SISTER COMPANIES, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SELLERS, DISTRIBUTORS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES FROM ALL CLAIMS, DAMAGES OR DEMANDS OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE OR CLAIM.

YOU ACKNOWLEDGE THAT YOU MAY DISCOVER FACTS DIFFERENT FROM OR IN ADDITION TO THOSE WHICH YOU NOW KNOW OR BELIEVE TO BE TRUE AND THAT THIS RELEASE SHALL BE AND REMAIN EFFECTIVE IN ALL RESPECTS EVEN IF YOU DISCOVER NEW OR ADDITIONAL FACTS AFTER YOU EXECUTE THIS AGREEMENT. YOU EXPRESSLY WAIVE ALL RIGHTS AND BENEFITS CONFERRED UPON YOU BY THE PROVISIONS OF SECTION 1542 OF THE DELAWARE CIVIL CODE, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH [YOU] DO 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 [RELEASEES]"

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LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE NEARMANIA.COM WEBSITE AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT SHALL NEARMANIA.COM OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT, YOUR USE OF THE NEARMANIA.COM WEBSITE OR ITS SERVICES, ANY INFORMATION OBTAINED THROUGH THE WEBSITE, ANY DELAY OR INABILITY TO USE THE NEARMANIA.COM WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES TO YOU IN CONNECTION WITH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE NEARMANIA.COM WEBSITE OR THE NEARMANIA.COM SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF NEARMANIA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, THE MAXIMUM LIABILITY THAT NEARMANIA.COM SHALL HAVE IS LIMITED TO THE ACTUAL VALUE OF ANY COMMISSIONS ACTUALY RECEIVED BY NEARMANIA.COM IN CONNECTION WITH ANY SALES MADE BY YOU THROUGH THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS AGREEMENT) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

General. No delay or failure by NearMania.com to take action under this Agreement shall constitute any waiver by NearMania.com of any provision of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Agreement will continue in full force and effect. This Agreement will bind and inure to the benefit of NearMania.com's permitted successors and assigns. Any claim under this Agreement must be brought within one (1) year after the cause of action arises. This Agreement shall be governed by the laws of the State of Delaware without regard to or application of any conflict of laws provisions. You agree that the sole and exclusive venue and jurisdiction for any action arising out of this Agreement shall be the state and federal courts sitting in New Castle County, in the State of Delaware. This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. NearMania.com may freely assign this Agreement without consent or notice. This Agreement constitutes the complete and exclusive agreement between NearMania.com and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.