XI. Limitation ofLiability .
IN NO EVENT SHALL THE KNIGHT FOUNDATION BE LIABLE TO YOU OR ANY PARTY FOR ANY INDIRECT, SPECIAL,INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER AND WHEREVERARISING. IN NO EVENT SHALL THE TOTALLIABILITY OF KNIGHT FOUNDATION UNDER THIS AGREEMENT OR REGARDING THE WEBSITEEXCEED ONE THOUSAND DOLLARS ($1000). Some jurisdictions do not allow certain limitations of damages so theforegoing may not apply to you. XII. Jurisdictionand Venue . This Agreement shall besubject to the laws of the State of Florida as apply to contracts entered intoand performed in Florida between Florida residents and without regard toconflicts of laws principles. The State and Federal courts located in Dade County,Florida, shall have sole jurisdiction over any dispute arising hereunder, andthe parties hereby consent to the personal jurisdiction of such courts. The United Nations Convention on Contractsfor the International Sale of Goods is expressly disclaimed. XIII. Disclaimer . THE KNIGHT FOUNDATION PROVIDES THE WEBSITE AND ALL GOODS AND SERVICES ON AN “AS IS” BASIS,WITHOUT ANY WARRANTY. THE KNIGHTFOUNDATION HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY,ARISING FROM COURSE OF DEAL, USAGE OR TRADE, AND INCLUDING WITHOUT LIMITATIONANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR TITLE. XIV. General . Neither this Agreement, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without the prior, written permission of the Knight Foundation. Any purported assignment without such permission shall be void. This Agreement may be assigned by the Knight Foundation in whole or in part without notice. Any waiver of any rights of the Knight Foundation under this Agreementmust be in writing, signed by the Knight Foundation, and any such waiver shall not operate as a waiver of any future breach of this Agreement. In the event any portion of this Agreement isfound to be illegal or unenforceable, such portion shall be severed from this Agreement, and the remaining terms shall be separately enforced. Your use of the Website shall at all timescomply with all applicable laws, rules and regulations. This Agreement is the entire agreement between the parties with respect to this subject matter, and supersedes any and all prior or contemporaneous or additional communications, negotiations oragreements with respect thereto. You agree that: (a) the Website shall be deemed solely located in Miami, Florida; and (b) the Website is and shall be deemed a passive website that does not give rise topersonal jurisdiction over the Knight Foundation in any jurisdiction other than Miami, Florida. The parties hereby agree to waive fully and irrevocably their rights to a jury trial regarding any dispute under this Agreement, and further agree that any such dispute shall betried solely by a judge. YOU AND THE KNIGHT FOUNDATION AGREE THAT ANY CAUSE OF ACTION BY YOU ARISING OUT OF ORRELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OFACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Copyright © 2013 The John S. and James L. Knight Foundation All Rights Reserved. If you have any questions or comments about the Knight Foundation orthis Agreement, you may contact the Knight Foundation at: The John S. and James L. Knight Foundation 200 South Biscayne Boulevard Suite 3300 Miami, FL 33131-2349 Fax: (305) 908-2698 Phone: (305) 908-2600 THE JOHN S. AND JAMES L. KNIGHT FOUNDATION, KNIGHT FOUNDATION, and theKnight Foundation logo are trademarks of The John S. and James L. KnightFoundation, and may not be used without prior written permission. Version 1.0 1/13
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