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Terms Of Use

Last Revised August 12, 2015

This is a legal Guest Agreement between you and CamModelStore.com and hereinafter referred to as "CMS." By accessing CMS you are accepting any/all content related materials listed on the Site and E-commerce products/services only under the policies, terms and conditions below. For convenience, we will refer to the CMS website, e-commerce products/services and any content therein provided by CMS as the "Site." We will refer to any information, entertainment services and other products or services you may receive from Models (in their role as Operators) or their e-commerce listings on the Site as the "e-commerce products/services" or " CMS products/services." Models who enter into the Agreement and those who solicit or receive e-commerce products/services from other Guests will be referred to as "Guests." Guests who create listings and/or provide e-commerce products/services will also be referred to as "Operators" or "Models."

The policies, terms and conditions below limit CMS's liability and obligations to you and allow CMS to change, suspend or terminate your access to and use of the Site and E-commerce products/services. We urge you to carefully read the following terms and conditions, and all policies referenced below or elsewhere on the Site. The following policies and rules are incorporated into the Guest Agreement by reference and provide additional terms of use listed on each Guest's E-commerce online store. To the extent that there are any conflicts between the terms or conditions in such related policies and this Guest Agreement, the terms and conditions of the Guest Agreement shall govern.

YOU UNDERSTAND THAT BY CLICKING THE BUTTON TO MAKE PAYMENT ON THE "OPEN A STORE" PAGE, BY USING THE SITE AND ANY E-COMMERCE SERVICES INCLUDING ANY CONTENT PROVIDED THEREIN, BY INITIATING ANY FORM OF COMMUNICATION WITH A GUEST OR BY POSTING ANY LISTINGS ON THE STORE, YOU ARE AGREEING TO BE BOUND BY THIS GUEST AGREEMENT THAT BINDS YOU IN THE SAME WAY THAT A PAPER CONTRACT BINDS YOU. ALL USE OF THE SITE AND CALL SERVICES IS SUBJECT TO THE TERMS OF THIS GUEST AGREEMENT AND THE POLICIES, TERMS AND INSTRUCTIONS REFERENCED IN THE SITE, WHICH ARE INCORPORATED AND CONSIDERED AS PART OF THESE TERMS. YOU MUST ACCEPT WITHOUT MODIFICATION ALL OF THE TERMS, CONDITIONS, POLICIES AND NOTICES REFERENCED IN THIS GUEST AGREEMENT IN ORDER TO ACCESS AND USE THE SITE AND E-COMMERCE SERVICES. IF YOU DO NOT ACCEPT THIS GUEST AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR E-COMMERCE SERVICES.

Eligibility to use the Site and E-commerce Services is limited.
You use or provide E-commerce Services, and consult with Purchases, at your own risk.
CMS may modify this Guest Agreement, or suspend or terminate your use of the Site, at any time without notice to you.
The Site is only a venue for Guest listings.
You are solely responsible for all use made of the Site and E-commerce Services under your password and Guest account information and agree to pay for all E-commerce Services purchased using your Guest account information.
In using or accessing the Site or E-commerce Services, you agree to comply with the following:
As between the parties, CMS shall retain all ownership in the Site including all URLs and any content created or derived from the Site.
If you act as a Operator, you will comply with and be subject to CMS's Call Rules Policy and Payment Policy.
CMS disclaims any warranties or representations regarding the Site and E-commerce Services.
CMS's liability for your access to and use of the Site and E-commerce Services is limited and you are responsible for your use of the Site.
CMS prohibits the unauthorized use of copyrighted materials and trademarks.
Links to Other Websites.
Notice.
No Assignment.
Relationship of the Parties.
Arbitration.
Eligibility to use the Site and E-commerce Services is limited.
The Site and E-commerce Services are available only to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. Without limiting the foregoing, the Site and E-commerce Services are not available to temporarily or indefinitely suspended Guests.

You shall not use the Site or become a Guest if you are located or reside in a country (a) in which use or participation is prohibited by law, decree, regulation, treaty or administrative act or (b) is prohibited from entering into trade relations with the United States or its citizens. Such countries include, without limitation, Afghanistan, Burma, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, Syria and Yugoslavia.
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You use or provide E-commerce Services, and consult with Purchases, at your own risk.
(a) CMS does not evaluate, provide, produce or control the E-commerce Services, or information or exchanges between Guests, in any manner. CMS does not itself provide any information, entertainment services or other products or services, nor verify, guarantee or make any representations regarding the identity or qualifications of any Guest. Further, CMS does not make editorial or managerial decisions concerning content. Nor will CMS be held responsible for any Operator's failure to comply with laws or regulations concerning the content of listings. Instead, CMS acts as a technology service that allows Guests to share information, entertainment services or other products or services among themselves. Although CMS helps its Guests connect with each other, it does not monitor the advice exchanged, and, as a result, CMS does not control, nor is responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Guests, including without limitation any information contained in Operator listings or made available through this Site. The Site is not intended for use as a payment service to exchange goods. CMS is not responsible for use or exchange of any information, files or goods between Guests. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and E-commerce Services, in evaluating the qualifications of, and statements made by, Guests in listings or through the Guest feedback system, and in disclosing personal information to other Guests. CMS recommends that you do not disclose personal contact information to Guests. If you do, you do so at your own risk. CMS assumes no responsibility for monitoring any Guest feedback or otherwise policing its Guests in any way. If you ever believe that a Guest has violated the law or is defrauding, threatening or endangering anyone, CMS urges you immediately to contact the police directly for help. In addition CMS does not recommend or encourage Guests to use the Site or E-commerce Services to solicit other Guests to meet with them in person.

(b) CMS does not refer, endorse, recommend, verify, evaluate or guarantee any information, entertainment services or other products or services provided by Operators or Guests, or any specific Guest, Operator or E-commerce Services, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any Operator or group of Calls by CMS. You must use your judgment to determine whether to initiate, receive and/or discontinue use of the E-commerce Services. Guests who initiate, receive and/or discontinue use of the E-commerce Services do so entirely at their own risk, and CMS bears no responsibility in this regard. In accordance with its Privacy Policy. CMS does not monitor transactions between Guests. However, CMS reserves the right to contact Guests without revealing its identity, in order to evaluate compliance with the rules and policies set forth in this Guest Agreement and to take other action as set forth in the Privacy Policy. Therefore, we urge you to review and understand the Privacy Policy. As part of this Guest Agreement you are agreeing to the terms and conditions set forth in the Privacy Policy and are obliged to abide by the agreements contained in that document.

(c) If you have a dispute with another Guest, or suffer any harm arising out of or connected with any E-commerce Services, you hereby waive all claims against and release CMS (and its subsidiaries, employees, officers, directors, shareholders, suppliers, joint venturers and agents) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any E-commerce Services or with regard to such disputes. If you are a California resident, you waive your rights under California Civil Code 1542, which states, "A general release does not extend to claims which the creditor does 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." Residents of other states and nations waive their rights under analogous laws, statutes or regulations.
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CMS may modify this Guest Agreement, or suspend or terminate your use of the Site, at any time without notice to you.
(a) CMS reserves the right in its sole discretion to modify or discontinue the Site, or modify the terms and conditions of your use of the Site, without notice. All modified terms and conditions will be effective thirty (30) days after they are initially posted on the Site. Changes to the Privacy Policy are effective after CMS provides Operators with at least fourteen (14) days notice of the changes by emailing Operators. If any modification is not acceptable to you, your only recourse is to cease using the Site and Call Services. By continuing to use the Site or any E-commerce Services following any posting of a new Guest Agreement or policies on the Site, you accept and agree to be bound by the new Guest Agreement or policies.

(b) Without limiting other remedies, CMS may at any time suspend or terminate your account/privilages and refuse to provide access to the Site without reason or notice to you. In addition, CMS may notify your bank and/or authorities or take any actions it deems appropriate without notice to you, (i) if CMS suspects that you have failed to comply with any provision of this Guest Agreement or any policies or rules established by CMS; (ii) if CMS is unable to verify or authenticate any billing or payment information you provide to CMS; or (iii) if CMS suspects that your actions may be illegal or cause liability, harm or disruption for you, other Guests, CMS or the Site. You have the right to cancel your Account in CMS by filling out the Customer Support Form and selecting "Cancel Account" in the subject line. Any suspension, termination or cancellation will not affect your obligation to pay any amounts due to CMS.
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The Site is only a venue for Guest listings.
CMS acts only as an E-commerce interface to facilitate transactions initiated between Guests. As a Guest, you are not an employee, agent or contractor of CMS, and you shall not represent that you are any of the foregoing. You are solely responsible for all equipment necessary to access and use the Site and E-commerce Services, and for reporting and payment of all taxes associated with fees transferred to you by CMS.
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You are solely responsible for all use made of the Site and E-commerce Services under your password and Guest account information and agree to pay for all E-commerce Services purchased using your Guest account information.
(a) The rates for E-commerce Services are as set forth in the applicable Operator listing. "Transaction" means any live or recorded call through the Site initiated using your password and Guest account. You hereby authorize CMS to collect fees for each Transaction by debiting your Guest account immediately upon conclusion of each Transaction, regardless of quality or completeness. Fees for E-commerce Services are calculated based on the transaction amount listed. You authorize CMS, directly or through third parties, to make any inquiries we consider necessary to validate your Guest account and/or listing information. This may include ordering a credit report and performing other credit checks or otherwise verifying the information you provide.

(b) You agree to maintain the confidentiality of your Guest account information and to supervise all activities that occur under your Guest account, including, but not limited to, any and all usage of the Site by other persons under your Guest account. You agree that you will not permit, enable, introduce or facilitate (i) non-Guests having access to or use of the Site or E-commerce Services in any manner without such individuals first becoming Guests and (ii) other Guests to use a specific E-commerce Service at the same time that you are doing so.

(c) You agree that CMS is not responsible for any loss that you may incur as a result of any unauthorized person using your Guest account. You agree that CMS may use information provided by you as described in the Privacy Policy.

(d) Based on Guest account use and other factors identified by CMS in its sole discretion, CMS may require verification of your credit, identity and/or other background information in order for you to continue using the Site. In such event, you agree to provide CMS with additional information that may be requested, you consent to CMS's disclosure of your personal information to third-party service providers in order to verify your credit, identity and/or other background information, and you authorize CMS to obtain a consumer credit report from consumer credit reporting agencies and to verify your identification.
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In using or accessing the Site or E-commerce Services, you agree to comply with the following:
(a ) You (as a Operator providing E-commerce Services) are solely responsible for the content provided and the content on listings created under your Guest account.

(b) You (as a Guest receiving E-commerce Services) will not report or otherwise store any transactions that you receive through the Site. You (as an Operator providing E-commerce Services) will not report or otherwise store any transactions you conduct with a Guest. Notwithstanding the foregoing, transactions may provide E-commerce Services.

(c) You will not use the Site for any purpose that is unlawful, fraudulent or contrary to this Guest Agreement and the policies of CMS, and you will cooperate fully with CMS to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized CMS representatives access to any password-protected portions of your Guest account.

(d) You will not solicit or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities.

(e) You will conduct all for-fee communications that you have with other Guests only through the Site, and you will not circumvent or attempt to circumvent the Site using third-party payment services.

(f) You will not use the Site in any manner that harasses another Guest or could interfere with any other party's use or enjoyment of the Site. You will respect the privacy of others and not use the Site for unwelcome, rude or abusive communications.

(g) You will not attempt to gain unauthorized access to any Guest account information, computer systems or networks associated with the Site.

(h) You will not attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site.

(i) You will not "frame," "mirror" or otherwise copy any portion of the Site without CMS's express written authorization.

(j) You will continue to provide true, accurate and complete payment registration information and will maintain as current and promptly update your personal contact information that you provide to CMS, as applicable. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.

(k) You will not use the Site to solicit Guests, to promote any product or services other than the information services described in your Guest listing which are provided through the Site, to provide any product or services related to, claiming success with or offering information regarding lottery numbers or for purposes of multi-level marketing proposals (for example, offering to help participants "get rich quickly," "lose weight now" or "make money surfing the Web").

(l) You will not transmit solicitation for employees, consultants, contractors or for participation on other websites.

(m) You will not use the Site to promote bonus items, giveaways, random drawings, prizes, contests or games of chance.

(n) You will not take any actions which may undermine the Guest referral system, or the Guest feedback system used to solicit feedback from Guests, including without limitation leaving positive feedback for yourself or other Guests, using secondary Guest names or third parties or leaving negative feedback if a Guest fails to perform some action that is outside the scope of the services described in his or her Guest listing.

(o) You will not create obscene, offensive, tasteless, defamatory or hateful Guest names or content for listings. In addition, obscenity and child pornography are prohibited on CMS because they violate the laws of the United States and many other countries.

(p ) You will adhere to all applicable laws and regulations governing your actions in connection with the Site and (as a Operator providing E-commerce Services) are responsible for meeting the requirements of applicable record keeping laws, including, but not limited to, meeting the requirements of 18 U.S.C. 2257 and related regulations.

(q) You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of the Guest Agreement and CMS policies.
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As between the parties, CMS shall retain all ownership in the Site including all URLs and any content created or derived from the Site.
CMS shall own all right, title and interest in E-commerce Services and the Site, including but not limited to, all methods, processes, programming, formats, designs, URLs, buttons, together with all inventions, patents, copyrights, trademarks and other intellectual property rights and derivative works and improvements pertaining thereto. No copyrights, patent rights, trademarks or licenses are conferred herein by CMS, either expressly or by implication.

You understand and agree that (i) You will have no right, title and interest to any of the programming or online store assigned to You (ii) that CMS may change Your assigned URL, at any time in its sole and absolute discretion (iii) You will have no right, title and interest to any listing name in connection with CMS Services and (iv) that assigned ULR's and listing names may be recycled by CMS to other users of CMS Services if You are not actively using them or Your agreement has been terminated. Further, You hereby grant to CMS, its distribution partners, affiliates and similar third party website/media providers of CMS's choice the right to use, copy, distribute, display or reference in any media form Your listing information, including without limitation, Your listing name, tags, descriptions, photos, CMS buttons, and assigned URL's.
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If you act as a Operator, you will comply with and be subject to CMS's Call Rules Policy and Payment Policy.
CMS's Operator Policy and Payment Policy pages are incorporated into this Guest Agreement by reference and available to Operator when logged into his/her account.
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CMS disclaims any warranties or representations regarding the Site and E-commerce Services.
THE SITE AND ANY E-COMMERCE SERVICES OR GOODS OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. CMS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, E-COMMERCE SERVICES AND ALL COMMUNICATIONS BETWEEN GUESTS MADE THROUGH THE SITE, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, CMS makes no representation or warranty that the operation of the Site will be error free. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.
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CMS's liability for your access to and use of the Site and E-commerce Services is limited and you are responsible for your use of the Site.
UNDER NO CIRCUMSTANCES WILL CMS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR E-COMMERCE SERVICES, WHETHER OR NOT CMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CMS AND ITS SUPPLIERS' AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (a) THE TOTAL FEES ACTUALLY EARNED BY CMS FROM YOU (AFTER PAYMENTS TO SALES AND OTHER THIRD PARTIES) IN THE PREVIOUS TWELVE (12) MONTHS, AND (b) ONE HUNDRED DOLLARS ($100). CMS WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.

YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY CMS, AND ITS EMPLOYEES, SUBSIDIARIES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR PROVISION OF CALL SERVICES, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORSEEABLE, DISCLOSED AND UNDISCLOSED. In each case, CMS will provide you with written notice of such claim, suit or action. CMS shall have the right to withhold payments to you to offset liabilities and expenses covered hereunder.
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CMS prohibits the unauthorized use of copyrighted materials and trademarks.
YOU SHALL NOT USE THE SITE OR ITS CALL SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS, TRADEMARKS, OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

CMS has adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of Guests who infringe or are believed to be infringing the rights of copyright holders or of holders of federally registered trademarks (and unregistered trademarks in certain circumstances).

CMS Copyright and Trademark Related Policy:

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CMS's Copyright Agent listed below with the following information required under 17 U.S.C. 512:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CMS to locate the material;
(d) Information reasonably sufficient to permit CMS to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of notice as described above, CMS will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site, and/or termination of the Guest's account.

If you believe that your federally registered trademark is being used by an Operator or Guest in a way that constitutes trademark infringement, please provide CMS 's with the following information:

(a) A physical or electronic signature of a person authorized to act on behalf of the registered trademark owner;

(b) Information reasonably sufficient to permit CMS to contact the registered trademark owner or its authorized agent, including a name, address, telephone number and, if available, an email address;

(c) Identification of the trademark(s) claimed to have been infringed, including a copy of each relevant federal trademark registration certificate(s);

(d) Information reasonably sufficient to permit CMS to identify the use being challenged by the registered trademark owner;

(e) A statement that the registered trademark owner has not authorized the challenged use, and that the registered trademark owner has a good-faith belief that the challenged use is not authorized by law; and

(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is the registered trademark owner or is authorized to act on behalf of the registered trademark owner.

Upon receipt of notice as described above, CMS will confirm the existence of the federal registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate, including following confirmation of the existence of the federal registration, removal of the challenged use from the Site, with notice to the Operator or Guest in question, if, in CMS's sole discretion, CMS concludes that the mark or name is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner's federal registration, unless, prior to such removal, the Oporator or Guest in question demonstrates that it has its own trademark registration or approved trademark application covering the use in question.

Notwithstanding the foregoing, CMS will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.
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Links to Other Websites.
The Site may provide links to websites other than CMS. Such links are provided for reference only, and CMS neither controls such websites nor endorses any of the material on any such websites or any association with their operators.
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Notice.
Any notice or other communication to be given hereunder will be in writing and given (a) by CMS via facsimile, receipt confirmed, United States mail or email (in each case to the number or address that you provide), and (b) by you via email to privacy@cammodelstore.com. The date of receipt shall be deemed the date on which such notice is transmitted in the case of facsimile or email, and five (5) days after receipt by the U.S. Postal Service in the case of United States mail.
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No Assignment.
You shall not assign this Guest Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of CMS. Any such purported assignment or delegation by you without the appropriate prior written consent of CMS will be null and void and of no force or effect, unless otherwise expressly consented to by CMS at its sole and absolute discretion. CMS may assign this Agreement or any rights hereunder without your consent.
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Relationship of the Parties.
Notwithstanding any provision hereof, for all purposes of this Guest Agreement each party shall be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
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Arbitration.
Any controversy or claim arising out of or relating to this Guest Agreement, the breach thereof or its subject matter shall be settled by binding arbitration in accordance with the consumer commercial arbitration rules of the American Arbitration Association. The decision of the arbitrator shall be final and un-appealable. The arbitration shall be conducted in state of Florida, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary, CMS, the Guest or any other party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
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