Legal

Inara Membership Agreement

Updated: February 1, 2023

Welcome to the Vita Brillanti Travel family! It is our pleasure to provide the Inara membership described below in accordance with this Membership Agreement (herein, the “Agreement”). PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT GOVERNS ELIGIBILITY FOR AND USE OF THE MEMBERSHIP.

Vita Brillanti, LLC, located at 406 5th Avenue, Unit 143, Brooklyn, NY 11215 (“Vita Brillanti”) are referred to collectively in this Agreement as “we”, “us” and “our”. The “Inara Membership” includes the Vita Brillanti website, application, and related software, associated content and other services, including but not limited to Inara+ hotel booking services. The Inara Membership is sometimes referred to interchangeably or collectively in this Agreement as the “Membership”.

You agree to this Agreement, including any agreements or policies incorporated herein by reference, by clicking “Agree & Continue” or any other industry standard mechanism during the Inara registration process, or by accessing or using any aspect of the Membership, and you ratify your agreement when you access or use any aspect of the Membership. If you do not agree to this Agreement, you may not use the Membership.

We may amend this Agreement. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Membership. If you do not agree to any change to this Agreement, you must discontinue using the Membership. Our customer service representatives are not authorized to modify any provision of this Agreement, either verbally or in writing.

ANY DISPUTE BETWEEN YOU AND US, EXCEPT FOR SMALL CLAIMS, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THIS AGREEMENT AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.

List of Sections
1. User Eligibility and Registration
2. Subscription Terms
3. Copyright License Grant and Restrictions
4. Usage Terms
5. Use and Sharing of Certain Information
6. Suspension and Termination
7. Binding Arbitration and Class Action Waiver
8. Additional Provisions

1. USER ELIGIBILITY AND REGISTRATION

a. Eligibility and Age Limitations. You must be 18 years of age, or the age of majority in your state or territory of residence, to purchase the Inara Membership. The Membership is provided to individuals for their personal, noncommercial use only. Companies, commercial establishments, associations and other groups may not register for a Vita Brillanti account or use the Membership. Individuals under the age of 13 are not eligible for a Vita Brillanti account and are not permitted to provide personal information to us.

b. Registration and Access. Only individuals that have registered for a Vita Brillanti account, provide certain information (e.g., a valid email address), and agree to this Agreement are eligible to use the relevant Membership. You are solely responsible for maintaining the confidentiality and security of your username and password and for all activities that occur on or through your Vita Brillanti account. However, if you allow others to access your Vita Brillanti account, this Agreement, as well any specific consents you may have provided to us, also applies to their access, use, and disclosure of information. You agree to immediately notify us of any unauthorized access to your Vita Brillanti account. We will not be responsible for any losses arising from the unauthorized use of your Vita Brillanti account.

c. Notices. Any notices we deliver to you may be made as follows: (i) by email to the last email address provided by you or (ii) by posting a notice on the Inara Membership. For clarity, you consent to receive electronic communications from Vita Brillanti and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.

2. SUBSCRIPTION TERMS

a. Membership Tier and Other Offerings. When purchasing your subscription to the Membership, you may be presented with different plans or options (each a “Membership Tier”). Different Membership Tiers or other offerings may be subject to differences in pricing, eligibility, restrictions, features, and device availability.

b. Subscription Billing and Auto-Renewal. Your subscription to the Membership includes enrollment into an ongoing/recurring payment plan. Your subscription will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation below. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled. Your “billing period” is the interval of time between each recurring billing date and corresponds to the term of your subscription. To see your next recurring billing date, log in to your account and view your account details. You acknowledge that the timing of when you are billed may vary, including if your subscription began on a day not contained in a given month (e.g. if you have a monthly subscription and became a paying subscriber on January 31, your payment method would be billed next on February 28). We reserve the right to change our pricing. In the event of a price change, we will attempt to notify you in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that email and below. If you do not timely cancel your subscription, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes. You are responsible for all third-party Internet access charges and taxes in connection with your use of the Membership. Please check with your Internet provider for information on possible Internet data usage charges.

c. Cancellation and Refund Policy. You can cancel your subscription at any time after 6 months of membership. Cancellation will take effect at the end of the 6th billing period or at the end of the current billing cycle, whichever is later (ie. Cancellation will take effect at the end of the current billing cycle only if the 6th billing cycle has already completed), unless otherwise disclosed. We do not refund or credit for partially used billing periods, although we may provide such refunds or credits on a case-by-case basis in our sole and absolute discretion. To cancel your Inara Membership subscription, submit a written request to us at customerservice@vitabrillanti.com. Your written request must include your first name, last name, and Vita Brillanti account username (the email address you used to register for your account).

d. Payment Details. We will keep your detailed payment information, such as credit card number and expiry date, on file. You are responsible for keeping your payment details up-to-date by changing the details in your account settings. Where your details change or are due to expire, we may obtain or receive from your payment provider updated payment details including your card number, expiry date and CVV (or equivalent). This enables us to continue to provide you access to the Membership. You authorize us to continue to charge your card using the updated information. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription. You also agree that we may charge your payment method on file if you decide to restart your Inara Membership subscription.

3. COPYRIGHT LICENSE GRANT AND RESTRICTIONS
a. License. Subject to the terms and conditions in this Agreement, we grant you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to do the following:
i. Make non-commercial, personal use of the Inara Membership; and
ii. View and reference copyrighted materials, including but not limited to proprietary information, recommendations, other information, images, videos, and artwork (the “Inara Content” or “Vita Brillanti Content” or, collectively, the “Content”) that are available to you from the Inara Membership.
This is a license agreement and not an agreement for sale or assignment of any rights in the Content or the Membership. The purchase of a license to view or reference any Content does not create an ownership interest in such Content. Such Content, including the copyrights, trademarks, service marks, trade names, trade dress and other intellectual property rights in the Content, are owned by Vita Brillanti, its affiliates and/or other licensors, and is protected by the copyright laws of the United States, as well as other intellectual property laws and treaties.

b. Restrictions on Your Use of the Content. You agree that as a condition of your license, you may not and agree not to:
i. circumvent or disable any content protection system or digital rights management technology used in connection with the Inara Membership or Vita Brillanti to control access to the Content;
ii. copy the Content;
iii. rebroadcast, transmit or share the Content available via the Membership;
iv. create derivative works of the Content; or
v. allow third parties to violate the above restrictions.

c. Restrictions on Your Use of the Membership. You agree that as a condition of your license, you may not and agree not to:
i. copy, move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form the Content, the Membership, website, and/or the application, underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the website or application;
ii. modify the Content or the Membership, including, but not limited to, by removing identification, copyright or other proprietary notices from the Content or the Membership;
iii. access or use the Membership in a manner that suggests an association with our products, services or brands;
iv. use the Membership for any commercial or business related use or in any commercial establishment or area open to the public (e.g., office, lobby, bar, restaurant, diner, stadium, casino, club, cafe, theater, etc.) or build a business utilizing the Content or the Membership, whether or not for profit;
v. create derivative works of any components of the Membership owned by Vita Brillanti, any updates, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law;
vi. bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Membership, including using any technology or technique to obscure or disguise your location when you are accessing the Membership;
vii. index, frame, embed or link to the Membership in a manner not authorized by us, or to collect information about users for the purpose of sending, facilitating, or encouraging unsolicited bulk or other communications;
viii. access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Membership using a robot, spider, scraper or other automated means or manual process without our express written permission;
ix. remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Membership;
x. damage, disable, overburden or impair the Membership, including by introducing viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
xi. use the Membership in any unlawful manner (whether criminal or civil), for any unlawful purpose, or in any manner inconsistent with this Agreement, including in a manner that would violate our Privacy Policy or the rights of any third parties or otherwise interfere with any other person’s use and enjoyment of the Membership;
xii. share your login credentials with third parties; or
xiii. otherwise allow or encourage third parties to violate the above restrictions.

d. Violations. Any attempt to perform any of the restrictions listed in Sections 3(b) and 3(c) above is a violation of the rights of Vita Brillanti.

4. USAGE TERMS
a. Compatible Devices and Software. Use of the Membership requires compatible devices, and certain software may require periodic updates, and your use of the Membership may be affected by the performance of these elements. You can access Inara Content with almost any Internet-connected computer or through the Inara Membership application available for certain mobile or other devices (Internet connection required) (each, a “Compatible Device”). Additionally, certain components of the Membership or Membership Tiers may only be compatible with a subset of Compatible Devices or require download of certain software, even if other aspects of the Membership can be accessed on any Compatible Device. For specifics concerning supported devices, operating systems, web browsers and optimal streaming support please contact us at customerservice@vitabrillanti.com.

b. Internet Connection. You must have a high speed Internet connection in order to access and use certain aspects of the Membership.

c. Downloading Content. You are not permitted to download, make a copy, or otherwise save the Content for offline viewing.

d. Content Availability. The content that we make available may be limited by law or by the rights that certain of our third-party content providers grant to us. Access to the Membership from locations where we do not have rights, that are not offered on your Membership Tier, or where we do not make the Membership available is prohibited. You may be required to enable location access on your device in order to access certain Content.

e. Future Unavailability. It is possible that the Inara Membership and/or some or all Content may not be available for viewing or reference at any given time including (i) during any maintenance or update periods; (ii) any power or server outages; (iii) as a result of war, riots, strikes, social unrest; or (iv) as a result of other matters beyond the control of us or third parties. We will take reasonable efforts to provide you with as much prior notice as possible; however, we shall have no liability to you in such event. There may be times when we have to remove certain features or functionality and/or devices or platforms from being able to access the Membership. We will do our best to let you know of any of these changes, usage rules and restrictions, but you acknowledge that we may do so in our sole discretion at any time without notice. You also agree that we will not be liable to you for any modification, suspension or discontinuance of the Membership, although if you are a subscriber and we suspend or discontinue your subscription to the Membership, we may, in our sole discretion, provide you with a credit, refund, discount or other form of consideration. However, if we terminate your account or suspend or discontinue your access to the Membership due to your violation of this Agreement, then you will not be eligible for any such credit, refund, discount or other consideration.

f. Promotional and Experimental Features. In our continued assessment of the Membership, we may from time to time, with respect to any or all of our users, experiment or otherwise offer certain features or other elements of the Membership, including promotions, features, advertisements, user interfaces, plans and pricing. You acknowledge that these are implemented in our sole discretion, may be subject to additional terms, and may not apply to every subscriber.

5. USE AND SHARING OF CERTAIN INFORMATION
For more information about our collection, use, and sharing of your information, please refer to our Privacy Policy, which can be found at www.vitabrillanti.com/legal/privacy-policy and is incorporated herein by reference.
We reserve the right to, and you agree that we may, release your details to system administrators at other sites and to law enforcement agencies in order to assist them in resolving security incidents and violations of law.

6. SUSPENSION AND TERMINATION
You agree that we may, in our sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to part or all of the Membership, and to any Content if we believe you are using or have used the Membership in violation of this Agreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, we may restrict or suspend your access to your Vita Brillanti account for cause, which cause includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if we reasonably believe that your Vita Brillanti account has been created fraudulently, your Vita Brillanti account has been accessed fraudulently, or anyone uses your Vita Brillanti account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. We also reserve the right, but are not required, to terminate any Vita Brillanti account that remains inactive for an extended period of time, e.g., more than one year (failure to log in to your Vita Brillanti account will constitute inactivity for purposes of this Agreement).
You agree that we will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to your Vita Brillanti account or the Content.
We also reserve the right to take appropriate legal action against you for violating intellectual property rights, fraud, or similar grounds for termination.
Our decision to delay exercising or enforcing any right or remedy under this Agreement will not constitute a waiver of such right or remedy with respect to any party.
UPON TERMINATION OF YOUR VITA BRILLANTI ACCOUNT, WHETHER TERMINATED BASED ON OUR DETERMINATION OR AT YOUR REQUEST (OTHER THAN A CANCELLATION OF YOUR SUBSCRIPTION, IN WHICH CASE YOUR SUBSCRIPTION WILL CONTINUE TO THE END OF THE BILLING PERIOD), YOU WILL LOSE THE RIGHT TO ACCESS CONTENT THROUGH THE MEMBERSHIP.

7. BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS PROVISION CAREFULLY, AS IT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT.
There may be instances in which disputes arise between you and Vita Brillanti. YOU AND VITA BRILLANTI AGREE THAT PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS.
Neither you nor Vita Brillanti will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. You and we agree not to, and expressly waive any right to, file a class action or seek relief on a class basis. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.
You and Vita Brillanti agree to arbitrate, as provided below, all disputes between you and us (including any related disputes involving Vita Brillanti or its affiliates), that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. “Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning the Inara Membership or this Agreement, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and Vita Brillanti empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including, without limitation the arbitrability of any dispute, and any claim that all or any part of this Agreement are void or voidable.

a. In the event of a dispute, you and Vita Brillanti agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a Dispute informally. The claiming party must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, detailed factual information sufficient to evaluate the merits of the claiming party’s individualized claim, and the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. You must send any notice of dispute to Vita Brillanti, 406 5th Avenue, Unit 143, Brooklyn, NY 11215, USA, Attention: Legal. We will send any notice of dispute to you at the contact information we have for you.

b. You and Vita Brillanti will attempt to resolve a dispute through informal negotiation within sixty (60) days beginning from the date the notice of dispute is sent. This informal negotiation requires an individual meet–and-confer in person, telephonically, or via videoconference that addresses only the dispute between you and us. If you are represented by counsel, your counsel may participate in the conference, but you will also need to individually participate. Vita Brillanti will participate in the conference through one or more representatives, which may include our counsel. After the end of the sixty (60) day informal negotiation period and not before, and only after the completion of the dispute resolution conference with respect to a claim, you or we may commence an arbitration proceeding regarding that claim. Alternatively, you may litigate a dispute in small claims court immediately if the dispute meets the requirements to be heard in small claims court and you proceed only on an individual basis, whether or not you first negotiated informally or completed a dispute resolution conference. However, nothing in this paragraph is intended to prohibit the parties from engaging in informal communications to resolve the initiating party’s claims before, during, or after any dispute resolution conference or filing in small claims court.

c. If you, on one hand, and Vita Brillanti, on the other, do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in the borough of Manhattan, New York, New York. You and Vita Brillanti agree to submit to the exclusive jurisdiction of the federal or state courts located in the borough of Manhattan, New York, New York, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
The party initiating the arbitration (either you or Vita Brillanti) is responsible for paying the filing fee. If the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if we did not make a settlement offer, then we will pay for any Case Management Fees and all professional fees for the arbitrator’s services, and will reimburse you for the filing fees you incurred in connection with the arbitration. However, if the arbitrator finds that either the substance of your claim or the relief sought in your claim was frivolous or was brought for an improper purpose (as measured by the standards described in Federal Rule of Civil Procedure 11(b)), to the extent permitted by law, we will have the right to seek recovery of any Case Management Fees and all professional fees for the arbitrator’s services that we incurred in connection with the arbitration. You would have the same right.
Except as provided above with respect to jurisdiction in Manhattan, New York, New York, nothing in this arbitration agreement shall be construed as consent by Vita Brillanti, or their affiliates to the jurisdiction of any other court with regard to disputes, claims or controversies unrelated to the Inara Membership or this Agreement.
If you have questions or concerns about the meaning of any provision of this arbitration agreement, please feel free to seek the counsel of an attorney. We thank you for understanding why it is important that we agree on the process for addressing disputes.

8. ADDITIONAL PROVISIONS
a. We aspire for the Membership to provide exceptional sources of information for you and your family. You understand and agree that the Content you receive through the Membership is intended for informational purposes only; it does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.

b. Content Subjectivity. We strive to provide a variety of Content for our diverse group of users. The Content tends to elicit varying reactions among different people. You may come across Content that you find disagreeable, objectionable, offensive, indecent, or explicit. Also, content ratings, types, reviews, categories, and/or descriptions are provided as suggestions to help with understanding, navigation, and for informational purposes. We do not guarantee that you will agree with them. You acknowledge these risks and your responsibility for making your own choices regarding what Content is appropriate for you and your family.

c. Photosensitivities. The Content may contain some flashing lights sequences or patterns which may affect users who are susceptible to photosensitive epilepsy or other photosensitivities.

d. Content Quality. We use various technologies to provide you with an optimal experience. That said, the quality of Content, including resolution, may be affected by the format of the Content, your location, the speed, bandwidth and specific terms of your Internet service, and the devices and/or equipment used, among other factors. The time it takes you to view the Content will vary based on a number of factors, including your location, Internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, we are unable to make any warranties about the Content in these respects.

e. Third-Party Services and Content. The Membership may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use, agreements and privacy policies that apply to such third-party services and content. If you access the Membership using a third-party service or device (for example, an Apple iOS, Android or Microsoft Windows­powered device) then Apple Inc., Google, Inc. or Microsoft Corporation, respectively, or another such company that offers a third-party service or device, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not parties to this contract. You agree that your access to the Membership using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.

f. Mobile Networks. When you access the Membership through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using the Membership may be prohibited or restricted by your network provider and the Membership may not work with your network provider or device.

g. Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Membership, are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

h. Submissions and Unsolicited Ideas Policies. Our policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type. We do not claim ownership over any ideas, suggestions, or other materials submitted; however, as to such materials, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, display, create derivative works, or otherwise exploit them for any purpose without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.

i. General Contact Information.
For any matters where specific contact procedures are not provided for elsewhere in this Agreement, you may contact Vita Brillanti by email at customerservice@vitabrillanti.com.

j. DISCLAIMERS OF WARRANTY; LIABILITY LIMITATION. YOU ACKNOWLEDGE AND AGREE TO THE ESSENTIAL CONDITION THAT THE CONTENT AS WELL AS THE MEMBERSHIP ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, VITA BRILLANTI AND THEIR AFFILIATES, LICENSORS, AGENTS, AND SERVICE PROVIDERS (COLLECTIVELY. VITA BRILLANTI PARTIES”) EACH EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY. INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY. FITNESS FOR A PARTICULAR PURPOSE, ACCURACY. COMPLETENESS, AVAILABILITY. SECURITY. COMPATIBILITY. SATISFACTORY QUALITY AND NONINFRINGEMENT. AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE VITA BRILLANTI PARTIES DO NOT WARRANT THAT THE CONTENT OR THE MEMBERSHIP WILL BE WITHOUT ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. THE VITA BRILLANTI PARTIES DO NOT WARRANT OR OTHERWISE STATE THAT THE CONTENT OR THE MEMBERSHIP WILL MEET YOUR REQUIREMENTS. YOU AND NOT THE VITA BRILLANTI PARTIES ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OCCASIONED BY USE OF THE CONTENT AND THE MEMBERSHIP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE VITA BRILLANTI PARTIES BE LIABLE FOR ANY PERSONAL INJURY. OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OF OR INABILITY TO USE THE CONTENT OR THE MEMBERSHIP, HOWEVER CAUSED. NOR SHALL THE VITA BRILLANTI PARTIES BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THEIR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000). THE LIABILITY LIMITATIONS IN THIS SECTION APPLY UNDER ANY LEGAL THEORY (TORT, CONTRACT, BREACH OF WARRANTY. STRICT LIABILITY OR OTHERWISE) EVEN IF THE VITA BRILLANTI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY. THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

k. Choice of Forum. You agree that any action at law or in equity arising out of or relating to this Agreement that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the borough of Manhattan, New York, New York, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.

l. Choice of Law. This Agreement is governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any conflict of law principles.

m. Severability. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

n. Survival. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.

o. Entire Agreement. This Agreement and the provisions referenced herein, along with any agreements or policies that are incorporated herein by reference, constitute the entire agreement between you and us pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.