Governing Law and Dispute Resolution

Governing Law These Terms of Use and your use of the Services are governed by and construed by the laws of the British Virgin Islands, as applicable to agreements made and to be entirely performed within the British Virgin Islands, without regard to its conflicts of law principles.

Informal Negotiations To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally and in good faith for at least the lesser of (i) the time necessary to resolve such Dispute or (ii) thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration If a Party cannot resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer-Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The AAA Consumer Rules shall govern your arbitration fees and share of arbitration compensation, and, where appropriate, be limited by the AAA Consumer Rules. If the arbitrator determines such costs to be excessive, we will pay all the arbitration fees and expenses. The arbitration will take place in the British Virgin Islands, except where otherwise required by the applicable AAA rules or applicable law. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If a Dispute proceeds in court rather than arbitration, it shall be commenced or prosecuted in the courts located in the British Virgin Islands. The parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts. In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. Each Party agrees that if this provision is found to be unenforceable, neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the British Virgin Islands.

Exceptions to the Informal Negotiations and Arbitration The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:

(a) Any Dispute seeking to enforce or protect, or concerning the validity of, the intellectual property rights of a Party; (b) Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; (c) Any claim for injunctive relief.

Each Party agrees that, if any portion of this section is found to be unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be unenforceable, and such Dispute shall be decided by a court of competent jurisdiction located in the British Virgin Islands.