5.2 Access to proprietary information. You recognize and agree that you may disclose your information and data when providing support services through UPS or support providers, or that you can view it with UPS or support providers; and that this information and data is considered non-confidential and therefore does not fall within the terms and conditions of sale of Article 7, unless UPS has otherwise agreed to it in a confidentiality agreement separate from this Agreement. In addition, you acknowledge that remote communication sessions used by UPS or support providers can be implemented via the Internet, which is inherently uncertain, and you accept that UPS or support providers are not held responsible for Internet security breaches. You should consider the above when requesting support services from UPS or support providers. In the case of Randall Holl, the U.S. Court of Appeals, Ninth Circuit reviewed an online arbitration agreement that involved a combination of clickwrap and inclusion by reference principles and imposed an arbitration agreement that it considered to be the “external limit” of the anomaly. The opinion is well versed in the principles of online contract design. 12.6 Applicable legislation; Jurisdiction and language. To the extent permitted by law, this agreement is subject to the laws of the State of Georgia, United States of America, and is interpreted accordingly, excluding (1) the principles of the law of conflict; (2) the United Nations Convention on International Goods Contracts; (3) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (4) the protocol for amendment to the 1974 convention, signed in Vienna on 11 April 1980.
The parties state that they have required that the agreement and all documents related to this agreement, whether current or future, be written only in English. The parties declare that they require that this agreement and all related documents, either for the present or the future, be written in English only. To the extent permitted by law and in accordance with the conclusion of a valid binding agreement, the dominant language of this agreement is English and any translation you have received has been provided exclusively at your convenience. To the extent permitted by law, all correspondence and communications between you and UPS must be made in English under this contract. In the event that you have entered into this agreement to display a translated version of this agreement in a language other than American English, you can view the English version of this agreement in the United States by clicking here. THE EXCLUSIVE RIGHT FOR EVERY ACTION TO THIS CONTRAT (WHETHER FOR BREACH OF CONTRACT, TORT OR OTHERWISE) SHALL BE A FEDERAL OR STATE COURT IN ATLANTA, GEORGIA, AND THE PARTIES HEREBY CONSENT TO SUCH EXCLUSIVE JURISDICTION AND IRREVOCABLY WAIVE AND IN NOT ASSERT ANY DEFENSES BASED ON LACK OF IN IN IN THE above, the parties may, if and to the extent that a separate proceeding is required in order to enforce a judgment of the atlanta, Georgia court, or in some other way, as necessary to ensure full relief and full resolution of all contentious issues, initiate such a subsequent proceeding, separate or complementary, in the context of such a U.S. proceeding.