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MyPedFast™ USER AGREEMENT
           
This is a contract between Pedfast Technologies (“Company”) and the person who enters identifying information into the MyPedFast™ login creation or update page on any web site owner or operated by Company (“You” or “Your”).  You and Company irrevocably agree that this contract has been created, ratified and executed by both parties in Frankfort, Will County, Illinois, United States of America.  You and Company further agree that this contract shall be interpreted exclusively according to the laws of the United States of America and the State of Illinois, excluding conflict of law principles.

Your MyPedFast login is Company’s permission to access certain restricted features of Company’s Internet sites.  You understand and agree that you must provide your true and correct email address, name, physical address and telephone number.  By assenting to this agreement, you are representing and affirming that all information you gave on the web page containing this agreement, is true and complete.  Your failure or refusal to provide true and complete information terminates all rights granted herein.  In the event that you have provided inaccurate information,  Company may, without notice or any liability under any theory of law or equity, terminate your access to Company’s restricted and unrestricted web sites, and may, in its sole discretion permanently ban you, your family members, employees, heirs, legatees, assigns, representatives, attorneys and without limitation anyone acting in your interest or on your behalf, from ever accessing any of Company’s internet facilities in the future.

You understand that your IP address and browser type and information has been recorded as part of the process of obtaining a MyPedFast login, and grant us permission to record and store IP addresses, browser information, login dates and times, and whatever other information we deem necessary to protect our interests, without limitation.  You grant us the irrevocable and unlimited right to analyze this information for any lawful reason, including, but not limited to, our verification that you are acting in accordance with this agreement.

You grant us your permission to verify that your email address is correct and active, and agree that you will update your MyPedFast login with your correct email address whenever you change addresses.  Furthermore, if your email address becomes invalid, and Company detects this fact, you understand, agree and consent to the suspension of your MyPedFast login until such time as you provide an active and deliverable email address.

You understand and agree that part of the consideration that Company receives for providing you the privilege of a MyPedFast login is the right to send you promotional and/or informational email messages, with content and frequency as determined by Company in its sole discretion.  Your completion of this agreement is an explicit solicitation of these promotional mailings.  Should you wish to cease receiving promotional emails, Company shall provide a mechanism for you to request cessation of promotional emails.  You agree that the Company’s mechanism is the sole means you may use to request cessation of promotional emails from the Company.  You further agree that it is a material breach of this agreement to report Company for spam, unsolicited commercial email or without limitation any other thing which would indicate that Company has sent you email promotions without your permission, which you have just given herein.

You understand and agree that your MyPedFast login is not your property.  Your MyPedFast login is a limited and revocable license to access restricted parts of Company’s Internet sites.  Company has the right to limit or terminate your access, deactivate your login, or ban you from some or all of its sites, without incurring liability to you under any theory of law or equity.  You expressly waive all causes of action that could be raised against Company if it revokes, suspends or limits the access given by your MyPedFast login.

Company does not warrant that its Internet sites will exist perpetually, be continually accessible, or will exist in the same format(s).  Company and you agree that Company may never be held liable for site outages, changes to its Internet sites, any decision to place all or part of any site(s) under restriction, to charge for access to any part of any Company Internet site, to close or discontinue its Internet sites and without limitation to make any changes to its Internet sites that Company determines in its sole discretion to make.  You expressly waive all causes of action that could be raised against Company if it makes any changes to its Internet sites.

If Company is sold to new ownership, or if Company is merged to another entity, you understand and agree that your personal information shall be made available to the purchasers, and you consent to such disclosure.  Otherwise, you understand and agree that Company’s use of your personal information is governed by the PedFast Technologies Privacy policy, which is set forth at http://www.pedfast.com/privacy.asp and is by this reference incorporated into this agreement as if fully set forth herein.

This agreement may be changed by Company at will.  So may Company’s Privacy Policy.  If this agreement or Company’s Privacy Policy is changed, Company shall send you email.  If you respond to the email indicating that you reject the changes, or if your email is returned undeliverable, Company shall deactivate your MyPedFast login and you will not be bound by the changes to this agreement or the Privacy Policy.  You will be given the opportunity to reactivate your MyPedFast login by assenting to the new agreement and Privacy Policy.  

If any part of this agreement is found by a court of law having proper jurisdiction over the subject matter and the parties to be invalid, only that part of this agreement shall be invalidated.  All other parts of this agreement shall be construed as if the invalidated portion were never included.

You and Company irrevocably agree that any dispute heard under this agreement, and without limitation any dispute between Company and yourself, shall be heard exclusively by the United States District Court for the Northern District of Illinois, or the Circuit Court of Will County Illinois, as appropriate to the subject matter of the questions to be decided.  You expressly and specifically consent and submit to the exclusive personal jurisdiction of the courts in this paragraph.  You waive all objections to the jurisdiction of the courts in this paragraph, under any ground, including but not limited to forum non conveniens.  If you bring an action in any other venue, or attempt to cause an action brought in the proper place under this paragraph to be dismissed on jurisdictional grounds, you shall be liable to Company for all of its attorney fees and costs, without limitation, in enforcing this paragraph.  If you attempt to transfer an action filed in a proper court under this paragraph to any court not listed in this paragraph, you shall be liable to Company for all of its attorney fees and costs, without limitation, in enforcing this paragraph.

In the event of a dispute between you and company, you waive and disclaim any class action, combined action or group action of any kind under any law, which may be available to you against Company.  If you attempt to commence a class or other combined action against Company in violation of this paragraph, you shall be liable to Company for all of its attorney fees and costs, without limitation, in enforcing this paragraph.
Click I AGREE below to accept the MyPedFast Contract contained in the box above. Clicking the I AGREE button has the same force and effect of signing the contract in writing.
By agreeing to this contract, you are representing and affirming that all of the information you have given on this page is true and that you are not obtaining access to our computer systems on the behalf of any third party.
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