Governing Law
These Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts without regard to principles of conflicts of laws.
Disbute Resolution
All disputes arising out of or relating to these Terms of Use shall be finally resolved by arbitration conducted in Boston, Massachusetts under the Commercial Arbitration Rules of the American Arbitration Association then in effect. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such amount as may be determined by the arbitrator). Decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction, provided that a party apply to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, KLG shall be entitled to seek injunctive relief or other equitable remedies from any federal or state court in Boston, Massachusetts or any other court of competent jurisdiction.
Miscellaneous
KLG may change these Terms of Use at any time, without notice or liability, by updating these posted Terms of Use. If any portion of these Terms of Use is unlawful, void, or unenforceable, that portion shall be construed as nearly as possible to reflect the intent of the parties and the remainder of this Agreement shall remain in full force and effect. The paragraph headings provided in this document are only for reference and shall not affect the construction or interpretation of these Terms of Use. No waiver by KLG of any provision of these Terms of Use shall be effective unless in writing.