Dear James

TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Access to and use of this website (the "website") is provided by DearJames LLC ("DearJames®", "us" or "we") subject to the following terms (this "Agreement"):

1. Acceptance of Terms
By using this website, you agree to be legally bound by all of the terms of this Agreement. We reserve the right to change the terms of this Agreement or to change, modify or otherwise alter any features of this website at any time and for any purpose without notice. You should visit this page regularly and review this Agreement for the current terms of this Agreement, since your continued access or use of the website will be deemed as an irrevocable acceptance of any such changes, modifications or alterations. Areas of this website within the proprietary online service offered by DearJames® may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Any such terms will not vary or replace the terms of this Agreement regarding any use of this website, unless otherwise expressly stated.

If you do not agree with our Terms of Use, your sole remedy is to discontinue your use of the DearJames® Web Site. The failure of DearJames®, its attorneys, principals or other authorized agents, to enforce these Terms of Use, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

2. Representations
By using this website you represent and warrant that you have legal capacity to enter into this Agreement (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). You represent that you have read and agree to abide by this Agreement, and that you have read our Privacy Policy. Additionally, by using the website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

By submitting User Content to an Interactive Area, you represent that you are thirteen (13) years of age or older and, if you are under the age of eighteen (18), you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit content, participate on DearJames.com, and fulfill the obligations set forth in these Terms of Use, which forms a binding contract between you and DearJames®. DearJames.com is a general audience web site and we do not knowingly collect any Personal Information from children younger than the age of thirteen (13). We will delete any User Content or Personal Information collected that we later determine to be from a user younger than the age of thirteen (13).

3. Community Conduct
While using the DearJames® Web Site or DearJames® Site Contents, you are a part of the DearJames® community, and you agree that your use will respect the rights of other members of the community. In particular you agree not to: (1) restrict or inhibit any other user from using the DearJames® Web Site or DearJames® Site Content or from purchasing any products or services sold by DearJames® or through their affiliate relationships; (2) take any action intended to threaten, intimidate or harass any other user of the DearJames® Web Site, or which is abusive, illegal, hateful, sexually or racially or ethnically discriminatory, otherwise objectionable or harmful; (3) use the DearJames® Web Site to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in those specified ways that are designed for such a purpose; or (4) submit, publish, distribute, or transmit through the DearJames® Web Site or its e-mail links materials that do not meet the requirements of these Terms of Use; or (5 ) impersonate any person or entity or forge anyone else's digital or manual signature or attempt to gain unauthorized access to DearJames® or any other person's computers, software or data.

We reserve the right to prohibit use of the DearJames® Web Site or the purchase of products and services from DearJames® by any user who, in our sole discretion, violates these Terms of Use. Such a prohibition may occur without notice to the user. If you believe another user is violating these terms, you may notify DearJames®, and we will work in good faith to resolve any such issues. However, we have no obligation to monitor the DearJames® Web Site or DearJames® Site Content and are not responsible for the accuracy or reliability of any DearJames® Site Content or opinion, advice, or statement made on the web site, or for any defamatory, offensive, or illegal conduct by any user of the DearJames® Web Site.

4. Registration & Subscriptions
(a) In accessing this website or certain of the resources on the website, you may be asked to provide registration details. It is a condition of use of this website that all the details you provide will be correct, current, and complete. If DearJames® believes the details are not correct, current, or complete, we have the right to refuse you access to the website or any of its resources.

(b) By subscribing to any DearJames.com subscription-based offerings and blogs, you accept all terms and conditions of use, limitations and requirements.

5. Copyrights and Trademarks
(a) The DearJames® Web Site and DearJames® Site Content is the property of DearJames® and its licensors and is protected by United States and International Copyright laws. All copyright, trademark, and other proprietary rights in the DearJames® site and in the services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by DearJames® at the DearJames® Web Site are reserved to DearJames® and its licensors. Copyright is vested in DearJames LLC, DearJames.com as of 2011 into perpetuity and its licensors, successors and assigns. All rights are reserved.

(b) DearJames.com and all materials incorporated on this website (including, but not limited to text, photographs, graphics, video and audio content) are protected by copyrights, patents, trade secrets or other proprietary rights under laws of the United States and other countries. Some of the characters, logos or other images incorporated by DearJames® on this website are also protected as registered or unregistered trademarks, trade names and/or service marks owned by or licensed to DearJames®, including, without limitation, DearJames®, Wrap Yourself In Goodness®. The DearJames® Web Site and DearJames® Site Content (including past, present and future versions) and all materials that are included in or are otherwise a part of the Sites, including, without limitation: graphics; layout; text; content; instructions; images; audio; videos; designs; advertising copy; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the "look and feel" of DearJames.com; the compilation, assembly and arrangement of the materials of DearJames.com; and all other materials related to DearJames® (collectively, the "Materials") are owned, controlled or licensed by DearJames LLC, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by DearJames LLC, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under this Terms are hereby reserved for DearJames® and/or its members, subsidiaries, affiliates or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way the rights to exploit fully any or all of the Materials held by DearJames®. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of DearJames®' rights therein, or in breach of, any terms and conditions contained in this Terms. You acknowledge and agree that you will not acquire or claim any rights in the Materials, or aid or abet anyone else in doing so.

(c) Any use of the "Link To DearJames®" linking feature may be used only as specifically described on the website. No banner or text link may be modified, and no Trademark contained therein may be copied, extracted or otherwise separately used. If you link to our web site, (i) you should not imply that we or any of our affiliates (for purposes of this Agreement only, are endorsing you or your products or services, (ii) you should not imply an affiliation between your company and us or any of our affiliates without prior written consent from us or our affiliate, as the case may be, (iii) you should not misrepresent your relationship with us or any of our affiliates or present false or misleading impressions about DearJames® products or those of our affiliates, (iv) your website or banners should not contain content that may be interpreted as distasteful, obscene, libelous, defamatory, pornographic or offensive and should be appropriate for all age groups, (v) your website or banners should not contain content that would violate any laws, (vi) your website or banners should not promote MLM, pyramid schemes, Get-Rich-Quick programs or similar types of business or schemes, and (vii) you agree that the link may be removed at any time upon our request pursuant to our reserved rights to rescind our consent to allow the link.

(d) All DearJames® Gifts, including DearJames® Printable PDF’s, DearJames® Wallpaper and Screensavers, are intended only for personal use and may not be sold, reproduced or otherwise disseminated.

6. Restrictions on Use of Materials
(a) Except as expressly provided elsewhere by this website, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this website, except that you may access and display material and all other content displayed on this website for non-commercial, personal, entertainment use on a single computer only. Without limiting the generality of the foregoing, you may not distribute any part of this website over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Except as expressly provided elsewhere by this website, any authorization to copy material granted by DearJames® in any part of this website for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, is subject to your keeping intact all copyright and other proprietary notices, and use of any material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

(b) DearJames® respects the intellectual property rights of others and asks users of this website to do the same.

7. Purchases; Other Terms and Conditions
(a) Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the website, including contests, promotions or other similar features, all of which terms are made a part of this Agreement by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between this Agreement and the terms posted for or applicable to a specific portion of the website or for any service offered on or through the website, the latter terms shall control with respect to your use of that portion of the website or the specific service.

(b) DearJames®’ obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this website should be construed to alter such agreements.
(c) When you purchase any product or service through DearJames.com you may be asked for information required to complete a purchasing transaction, such as credit card numbers, credit card expiration dates, billing address and shipping information. You represent and warrant that you have the legal right to use any credit card or other payment method utilized in connection with any purchasing transaction. By submitting this information you grant DearJames LLC the right to share this information with third parties for the sole purpose of fulfilling the completion of the transaction initiated by you, or on your behalf. Verification of information may be required before the completion of a transaction.

8. Disclaimer of Warranties
Your use of this website is at your own risk. This website and all the materials, information, software, facilities, services and other content in this website are provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, DearJames® disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. DearJames® does not warrant that the functions contained in this website will be available, uninterrupted or error-free, that defects will be corrected, or that DearJames®’ websites or the servers that make them available are free of viruses or other harmful components. DearJames® does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services or other content in this website or any sites linked to this website in terms of their correctness, accuracy, reliability, or otherwise. DearJames® makes no warranties that your use of the materials, information, software, facilities, service or other content in this website will not infringe the rights of others and DearJames® assumes no liability or responsibility for errors or omissions in such materials, information, software, facilities, service or other content of this website. If applicable law does not allow the exclusion of some or all of the above, implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.

The information contained on this site and/or in any Invited Submission, its corresponding reply, editorial content, links, books, movies, videos or other products sold, presented, provided or promoted on this website are intended to be educational in nature and for personal enjoyment. This information is not for diagnosis, prescription, treatment or resolution of any health disorder or legal, business or financial matters whatsoever. This information should not replace consultation with a competent professional and DearJames® and DearJames.com specifically disclaim any such representation, interpretation or assertion whether express or implied. The content of these products is intended as enjoyment and to be used as an adjunct to a rational and responsible program prescribed by an appropriate professional. DearJames®, its affiliates and any authors, producers, sellers and publishers of these products are in no way liable for any misuse of the material they contain.

9. Limitation of Liability
DearJames® does not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from any use of, or inability to use, this website or the material, information, software, facilities, services or other content on this website, regardless of the basis upon which liability is claimed and even if DearJames® has been advised of the possibility of such loss or damage. Without limitation, you (and not DearJames®) assume the entire cost of all necessary servicing, repair or correction in the event of any such loss or damage arising. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.

10. Creative Submissions, Postings, Emails and Communications
(a) DearJames® does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, or other potential content. This is to avoid the possibility of future misunderstanding when projects developed by DearJames® staff or representatives might seem to others to be similar to the submitted concepts, creative ideas, suggestions, stories or other potential content. Any unsolicited submissions will be promptly discarded as if never received.

(b) Areas on this website may expressly request submissions of advice questions, concepts, creative ideas, suggestions, stories, or other potential content from you ("Invited Submissions"). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this website to govern those submissions ("Additional Terms"), since they will affect your legal rights. If no Additional Terms govern those submissions, then this Agreement will apply in full to any Invited Submissions you make.

(c) Questions and photos submitted to DearJames®, for an intuitive advise question response are considered “Invited Submissions.” You agree that these submissions are submitted voluntarily and that you have the authorization to make such submissions. If photos are submitted in conjunction with your query, you affirm that you (i) have a copyright in such photo(s), or have (b) specific permission, license in or rights to submit such image(s) and/or have the consent of every person contained within said image, and by your submission, are voluntarily electing to have the image reproduced, as part of the query and answer. You agree to indemnify and hold harmless DearJames® and DearJames.com, from any and all actual or potential claims arising or resulting from your submission. All queries and image submissions immediately become the sole and separate property of DearJames® and may be utilized in any manner DearJames® deems necessary. Not all queries submitted will receive a reply or be posted on the DearJames® website and DearJames® reserves the right to refrain from utilizing your submission. You further agree and consent to automatically having your submitted contact information added to the DearJames® mailing list for future use, promotion, and outreach.
(d) DearJames® may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User Content, and DearJames® may, in its sole discretion, delete, move, edit, re-format, remove or refuse to post or otherwise make use of User Content without notice or any liability to you or any third party. DearJames® reserves the right, however, to treat User Content on the Sites as content stored at the direction of users for which DearJames® will not exercise control except to block or remove content that comes to DearJames®’ attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable, or to enforce the rights of third parties or the content restrictions set forth herein when notice of their violation comes to DearJames®’ attention. Such User Content submitted by you or others need not, however, be maintained on the web site by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Content on the web site or elsewhere.
See section 11 below for further applicable terms and conditions.

(e) In any event, no material you send to us will be treated as confidential.

(f) Please act responsibly when using this website. You may use this website and its contents only for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this website. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the website is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by DearJames®) or privately transmitted on or through this website are the sole responsibility of the sender, not DearJames®, and that you are responsible for all material you upload, post or otherwise transmit to or through this website.

(g) DearJames® requires that you do not post e-mails or submit to us or otherwise make available on this website any content, or act in a way, which in our opinion:

(i) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(ii) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(iii) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
(iv) violates any law or may be considered to violate any law;
(v) transmits under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
(vi) advocates or promotes illegal activity;
(vii) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(viii) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this website;
(ix) solicits funds, advertisers or sponsors;
(x) includes programs which contain viruses, worms and/or "Trojan horses" or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
(xi) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the website;
(xii) copies any other pages or images on this website except with appropriate authority;
(xiii) amounts to a "pyramid" or similar scheme;
(xiv) disobeys any policy or regulations established from time to time regarding use of this website or any networks connected to this website; or
(xv) contains links to other sites that contain the kind of content that falls within the descriptions set out at (i) to (xiv) above.

(h) In addition, you are prohibited from removing any sponsorship banners, similar promotional displays and inserts or other material inserted by DearJames® anywhere on this website (e.g., on any web space made available for your use).

11. Use of Submitted Content
(a) DearJames® will consider anything you provide to DearJames® and/or contribute to this website as available for our use free of any obligations to you, except where we have expressly solicited “Invited Submissions” and those submissions are expressly governed by Additional Terms appearing elsewhere on this website (see "Creative Submissions, Postings, E-mails and Communications" above), in which event those Additional Terms will determine how we will treat your “Invited Submissions”.

(b) Subject to the provisions of any Additional Terms, by posting or uploading any content to this website and/or providing any communication or material to DearJames® ("User Content"), you automatically and irrevocably:

(i) grant and assign to DearJames® any and all rights in the User Content throughout the world including, without limitation, all copyright, together with all consents (if any) necessary to enable its assignment, sublicensing, reproduction, distribution, modification, publishing and/or other exploitation by DearJames® and/or by any person authorized by DearJames®, by any means and in all media now known or hereafter devised, in whole or in part, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;
(ii) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;
(iii) appoint DearJames® as your agent with full power to enter into any document and/or do any act DearJames® may consider appropriate to confirm the grant and assignment, consent and waiver set out above;
(iv) warrant that you are the owner of the User Content and entitled to enter into this Agreement;
(v) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that DearJames® shall not be liable for any use or disclosure of such User Content.

12. Hyperlinks To and From Other Sites
(a) This website may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of DearJames® and you acknowledge that (whether or not such sites are affiliated in any way with DearJames®) DearJames® is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by DearJames® or any association with its operators.

(b) DearJames® cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from DearJames® since other shop channels are owned and operated by independent retailers. DearJames® does not endorse any of the merchandise, nor has DearJames® taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. DearJames® does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

(c) Any area of this website that is accessed through any third party proprietary online service or website is subject to the rules, policies and guidelines of such third party proprietary online service or website.

13. Downloading Software

 / Wireless Internet
(a) All software and documentation available for download from the DearJames® Web Site is the copyrighted work of DearJames® or its licensors. Software and documentation ownership is retained by the copyright holder. You are only licensed to use the software subject to certain restrictions contained in the end user license agreement accompanying such software. You expressly agree that any software or other DearJames® Site Content downloaded or otherwise obtained through the use of the DearJames® Web Site is done at your own discretion and risk and that you will be solely responsible for any damage to your network or computer system or loss of data that results from the download of software or other DearJames® Site Content.

(b) The web site may offer certain features and services that are available to you via your wireless Internet Device. These features and services may include the ability to access DearJames.com features and upload content to DearJames.com, receive messages from DearJames.com, and download applications to your wireless Internet Device (collectively, "Wireless Features"). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues. You agree that as to the Wireless Features for which you are registered for, we may send communications to your wireless Internet Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features.

14. System Abuse
(a) You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this website, unless otherwise expressly permitted by this website.

(b) You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security, (e.g. password guessing programs, cracking tools or network probing tools), are strictly prohibited.

15. Investigations
DearJames® reserves the right to investigate suspected violations of this Agreement, including, without limitation, any violation arising from any submission, posting or e-mails you make or send to the website. DearJames® may seek to gather information from the user who is suspected of violating the terms of this Agreement, and from any other user. DearJames® may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If DearJames® believes, in its sole discretion, that a violation of these terms of this Agreement has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. DearJames® may provide personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS DEARJAMES® FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DEARJAMES® DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DEARJAMES OR LAW ENFORCEMENT AUTHORITIES.

16. Local Regulations
DearJames® makes no representation that materials or other content in the website are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the website from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

17. Indemnity
You agree to indemnify and hold harmless DearJames®, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys" fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto the website's servers, and/or from any and all use of your account in violation of this Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

18. Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from posting, sharing, transmitting or otherwise making available any materials that infringe upon another party's intellectual property rights. However, material is posted on the DearJames® site by third parties not within our control, and we are under no obligation to and do not review all content for the inclusion of illegal or impermissible content. However, pursuant to our policy, DearJames® does not permit material known by us to infringe on another party's copyright to remain on the web site. In accordance with the Digital Millennium Copyright Act (the "DMCA") and other applicable law, we will promptly remove or disable access to the allegedly infringing material when we receive proper notification of an alleged copyright infringement as described below. Further, we will terminate, in appropriate circumstances and at our sole discretion, the accounts of members who are deemed to be repeat infringers. If you believe any material on DearJames.com infringes a copyright, you should provide us with written notice.

19. Waiver of Unknown Claims

BY ACCESSING THE WEB SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

20. Applicable Law and Jurisdictional Matters
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California. Any action you, any third party or DearJames® may bring to enforce this Agreement or, in connection with any matters related to the website shall be brought only in either the State or Federal Courts located in Los Angeles, California, and you expressly consent to the jurisdiction of said courts.

21. Severability
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

22. Modification
DearJames LLC reserves the right to make changes to DearJames.com, any published policies, posts, terms and conditions of use at any time without notice. These terms and conditions of use were last updated on 23 May 2018.

IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS, PLEASE DO NOT ACCESS AND/OR USE THE WEBSITE.