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Last updated: June 9, 2019
Children Under the Age of 13
What Information We Collect and How We Collect It
We receive and collect several types of information about you, such as the information described below.
Information you provide to us: From time to time, you may provide us with certain information, including Your Information or information of third parties. Instances where you may provide this information include when you create, manipulate or update accounts on or through our Website (if ever applicable), fill out forms or fields on or through our Website, or sign up for any promotions or to receive newsletters or other materials about our Website or those of third parties. By way of example, when you download certain materials from our Website, you may provide your first and last name and e-mail address.
Information we receive from third parties: While we currently do not obtain information about you from sources other than you, we may do so in the future, such as from our business partners. The information that we would receive depends on the third party and your privacy settings with that third party. All information that you disclose to third parties will be subject to the privacy policies and practices of such third parties. You should review the privacy policies and practices of such third parties prior to disclosing information to them.
Information we collect through automatic data collection technologies: We and third parties acting on our behalf may use various technologies to collect and store information when you use our Website, including sending cookies, web beacons, pixel tags or other anonymous identifiers to your device, or otherwise tracking your activities on our Website over time. “Cookies” are pieces of data stored on a computer, mobile phone or other device. A “web beacon” is a type of technology that lets us know if you visited a certain page or whether you opened an email. A “pixel tag” is a type of technology placed within a website or e-mail for the purpose of tracking activity, which is often used in combination with cookies. Other “anonymous identifiers” include random strings of characters used for the same purposes as cookies, such as with mobile devices where cookie technology may not be available. These technologies help us know that you are logged on to or using our Website, provide you with features based on your preferences, help us understand when and how you are interacting with our Website and compile other information regarding your use of our Website.
The information collected through these technologies, standing alone, cannot be used to determine your identity. Such information may, however, be combined in a way that makes it become personally identifiable information (i.e., information that can identify you). For example, we may tie this information to personal information about you that we collect from other sources or that you provide to us. If this happens, we will treat the combined information as personally identifiable information.
It may be possible to disable some (but not all) Cookies or automatic data collection technologies through your device or browser settings, but doing so may affect the functionality of our Website. The method for disabling Cookies or other automatic collection technologies may vary by device and browser, but can usually be found in preferences or security settings. For example, iOS and Android devices each have settings which are designed to limit forms of ad tracking.
Our Collection Practices with Respect to Certain Specific Information:
General Use and Preference Information. We may collect, receive and store information regarding your general use of our Website (such as details of how and when you used our Website, interactions with our Website, log in information, resources that you access, your Internet protocol address, your browser type and your device type), as well as your preferences.
Device Information. When you access or use our Website through your computer, mobile phone or other device, we may collect information regarding and related to your device, such as hardware models and IDs, device type, operating system version, the request type, the content of your request and basic usage information about your use of our Website, such as date and time. In addition, we may collect information regarding application-level events, such as crashes, and associate that temporarily with your account (if any) to provide customer service. We may also collect and store information locally on your device using mechanisms such as browser web storage and application data caches.
Location Information. If you submit your zip code or other geographic information to us, you may provide us with your location information. Furthermore, if you enable the collection of location information on your device, then we may collect information about your actual location, such as your mobile device’s GPS coordinates. We may also use other technologies to determine your location (such as through the location of nearby Wi-Fi access points or cell towers), or obtain your location information from third parties.
Third-party content providers may collect information: Some content or applications, including advertisements, on our Website may be served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may collect information about you when you use our Website using cookies alone or in conjunction with web beacons or other tracking technologies. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. Please note that the information collected by these third parties may be associated with Your Information and that these third parties may collect information, including Your Information, about your online activities over time and across different websites and other online Website.
How We Use Your Information
We may use the information we collect for various lawful business purposes. Among others, these purposes may include using this information, including Your Information, to:
Present our Website, product or services, and related content to you. For example, if you provide us with your contact information for purposes of receiving newsletters, emails, promotional materials or other information or content from us, we will use the information you provide us to send you such information or materials.
Contact you and provide you with information. For example, we might contact you via e-mail or other communications to provide you with Website or service offering updates, promotions, offers, personalized information and other information from us or our third-party service providers or business partners or to respond to comments, inquiries, job applications, and other information submitted by you.
Analyze, improve and manage our Website, products, service offerings and operations. For example, we might obtain feedback regarding our Website, products, and service offerings, understand and anticipate your needs and preferences, better understand your use of our Website or products or service offerings, customize and tailor Website content and advertising, improve our marketing and promotional efforts, engage in statistical analysis and provide feedback or information to our business partners, vendors, advertisers and other third parties.
Display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria. Note also that our third party content providers may use information they collect via our Website to provide you with interest-based (aka behavioral) advertising or other targeted content.
Comply with a request from you in connection with the exercise of your rights. For example, where you have asked us not to contact you for marketing purposes, we or our service providers will keep a record of this on our suppression lists to be able to comply with your request.
Other Purposes. We may also use your information in other ways. To the extent required by applicable law, we will provide notice at the time of collection and obtain your consent.
How We Disclose Your Information
General Disclosure of Your Information: We may disclose the information we collect, including Your Information:
to our affiliates and their respective employees, agents and representatives involved in delivering our Website, products and other services to you;
to any person who, in our reasonable judgment, is authorized to receive Your Information as your agent, including as a result of your business dealings with that person (for example, your attorney);
to our third-party vendors or suppliers so that they may provide support for our internal and business operations, including for the handling of the purchase and sale of our products or services, data processing, data verification, data storage, surveys, research, internal marketing, delivery of promotional, marketing and transaction materials and our Website’s maintenance and security;
to fulfill the purpose for which you provide it;
to third parties when you engage in certain activities through our Website that are sponsored by such third parties, such as purchasing products or services offered by a third party, electing to receive information or communications from a third party or electing to participate in contests, sweepstakes, games or other programs sponsored, in whole or in part, by a third party;
as required by applicable law or ordered by a court, regulatory or administrative agency;
as we deem necessary, in our sole discretion, if we believe that you are violating any applicable law, rule, restriction or regulation, or are otherwise interfering with another’s rights or property, including our rights or property;
if requested by authorities in the event of any act instance of local, regional or national emergency;
with your consent;
to otherwise enforce or protect our rights; and
in connection with a Business Transfer (see “Other Disclosures by Us” below).
Please note that the list above is not exhaustive and that we may, to the extent permitted by applicable law, in our sole discretion, share, loan, rent, sell or otherwise disclose the information we collect to third parties at any time, for any lawful purpose, without notice or compensation to you.
Other Disclosures by Us:
Aggregation and De-Personalization.We may use and disclose any de-identified information for any lawful purpose, including for any commercial purpose. De-identified Information means Information that does not identify you, including any identifiable information de-identified by either by combining it with information about others, for example, by aggregating your information with information about other persons, or by removing characteristics, such as your name, that make the information personally identifiable to you.
Circumvention of Security Measures: We use a certain technical, administrative and organizational security measures to keep Your Information safe. However, despite our efforts, please be aware that methods of transmission and electronic storage are not completely secure. We cannot guarantee the privacy or security of Your Information, as third parties may unlawfully intercept or access transmissions or electronic storage. Further, to the extent permitted by law, we are not responsible for circumvention of any privacy settings or security measures of our Website. Therefore, you use our Website at your own risk, you should not expect that Your Information will always remain private, and we do not guarantee the performance or adequacy of our security measures. In the event that an unauthorized third party compromises our security measures, to the extent permitted by law, we will not be responsible for any damages, directly or indirectly, caused by an unauthorized third party’s ability to view, use or disseminate Your Information.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding our collection, use and disclosure of the information that we collect. Below are some mechanisms that provide you with control over such collection, use or disclosure:
E-mail Offers. If you do not wish to receive e-mail offers or other information or communications from us, you can opt-out of receiving such e-mail offers or other information or communications from us (other than e-mails or other information or communications related to the completion of your registration, correction of user data, change of password and other similar communications essential to your transactions on or through our Website) by using the unsubscribe process at the bottom of the e-mail. Please be aware that it can take up to 10 business days to remove you from our marketing e-mail lists. If you opt-out from receiving our marketing e-mails, you may continue to receive confirmation and shipping status e-mails.
Managing Your Information. If a portion of our Website allows you to create an account with us, then you can review and update Your Information by logging into that portion of our Website, visiting your account profile page and making changes.
Online Behavioral Advertising. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, certain third parties may provide you with ways to choose not to have your information collected or used in this way. For example, certain third-party advertising networks that deliver behavioral advertising are members of the Network Advertising Initiative (“NAI”). You can prevent NAI member companies from collecting preference data about you by visiting http://www.networkadvertising.org/choices/ and following the NAI’s directions. Note that if you opt-out through the NAI, you will still receive advertising. In addition, if you opt-out through the NAI and later delete your cookies, use a different browser or buy a new computer, you will need to renew your opt-out choice.
Information that You Disclose to Third Parties
Our Website, including any of our newsletters or e-mail messages, may contain links or access to websites or Website operated by third parties that are beyond our control. Links or access to third parties from our Website is not an endorsement by us of such third parties, or their respective websites, applications, products, Website or practices. We are not responsible for the privacy policies, terms and conditions, practices or the content of such third parties. All information that you disclose to such third parties will be subject to the privacy policies and practices of such third parties. You should review the privacy policies and practices of such third parties prior to disclosing information to them. If you have any questions about how these third parties use your information, you should review their policies and contact them directly.
Operation of our Website in the United States
If you have any questions, suggestions or complaints regarding our use or disclosure of the information we collect from you or wish to contact us to make a request regarding such information (including Your Information), please contact us at email@example.com or in writing at:
Sudden Money Institute, LLC
10 Huntly Circle
Palm Beach Gardens, FL 33418
PLEASE BE ADVISED THAT THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS, AND DISCLAIMERS OF OUR WARRANTIES AND OUR LIABILITY. THESE TERMS ALSO ALLOW YOU TO PURSUE CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. AS A RESULT, YOU MAY SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS.
WE MAY IMMEDIATELY TERMINATE YOUR ACCESS TO OUR WEBSITE IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS.
DISCLAIMER: As further described in Section 9 below, information and materials posted on our Website are provided for informational purposes only and are provided on an “AS IS” basis without warranties of any kind, express or implied. The content of our Website may be modified periodically without notice. Information and materials on our Website may not be accurate or complete and, due to changing circumstances or other causes, may change or ultimately prove to be inaccurate or incomplete.
These Terms may change from time to time. Your continued use of our Website after we make changes is deemed to be acceptance of those changes, so please check this policy periodically for updates.
You acknowledge that these Terms are supported by reasonable and valuable consideration, which you have received, and which is adequate. Such consideration includes your ability to access, use or interact with our Website.
You represent and warrant that you have the capacity to be bound by these Terms, or if you are acting on behalf of a company or other entity, that you have the authority to bind, such company or entity. We may, at our sole discretion and at any time monitor your compliance with these Terms. Without limiting the foregoing, we have the right to:
YOU WAIVE AND HOLD US (AND OUR LICENSEES AND SERVICE PROVIDERS) HARMLESS FROM ANY CLAIMS RESULTING FROM ANY OF THE FOREGOING ACTIONS TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY US OR BY LAW ENFORCEMENT AUTHORITIES.
Your Access of Our Website. We reserve the right to withdraw or amend this Website, and any materials or content that we make available on the Website, including any product or service offerings, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, the entire Website, or to our products or service offerings, to users.
Permitted Use. You may use our Website, the content made available on our Website, and our products and service offerings only as permitted by us, only for lawful purposes and only in accordance with these Terms. You may use our Website, such content and products or service offerings only in good faith for yourself or others on whose behalf you are authorized to act. You may not access or use our Website, such content or products or service offerings for any other purposes. Without limiting the generality of the foregoing, you may not and may not assist, encourage, support or enable others to:
Your right to access and use our Website is personal to you and is not transferable by you to any other person or entity. You are solely responsible for making all arrangements necessary for you to access our Website. Additionally, you are solely responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and comply with them.
We may, in our sole discretion, cancel your access to our Website for any reason, including as a result of any breach or suspected breach of these Terms.
You Must Notify Us of a Breach. You must immediately notify us of any unauthorized use of our Website, content, products or services, any violation of these Terms, or any other breach of security known to you in connection with our Website or our content, products or services by sending an e-mail to us at: firstname.lastname@example.org.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Without limiting the generality of Section 9, you acknowledge and agree that our proprietary blog, our CeFT® Directory, and all other information presented on or through the Website, is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Accordingly, you should not take any information or other materials available on or through the Website as a substitute for professional advice, which must be tailored to your specific circumstances in each case. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
If you are considering engaging any individual listed our CeFT® Directory, please note that we will not be a party to such engagement,and that any terms and conditions of such engagement are solely and exclusively between you and such individual. Without limiting the generality of the first paragraph of this section and of Section 9, we do not endorse any individual listed on our CeFT® Directoryand, other than the indication that individuals included in our CeFT® Directory hold a Financial Transitionist® certification from us or our affiliates, make no representations or warranties regarding any individual listed on our CeFT® Directory, including, without limitation, with respect to the quality of his or her professional guidance or advice. Accordingly, your engagement of any such individual is at your sole and exclusive risk and you should conduct such due diligence as you deem necessary or appropriate before engaging any such individual. We areand will not be responsible or liable for the availability or quality of performance of any such individual.
We may provide on or through our Website links or access to other websites, mediums, content or materials belonging to third parties, including materials provided by bloggers, advertisers, our business partners, affiliates, individuals listed on our CeFT® Directory, and third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us to these third parties, are solely the opinions and the responsibility of the person or entity providing those materials.
All third-party materials and links are provided solely as a convenience to you, and such links and access do not constitute our endorsement of those third parties, nor the products or services of those third parties or the content on their website(s) or other materials. We are not responsible for the activities or policies of those third parties. We accept no responsibility for such third parties or for any loss or damage that may arise from your use of the third-party links or the products or services of those third parties. We do not guarantee that the terms, prices or other content offered by any particular advertiser, business partner, affiliate or other third party on or through our Website are accurate or the best terms or lowest prices available in the market.
You acknowledge and agree that we are not responsible for any third-party materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof, or for performance of any services by any third parties, including without, limitation, by the individuals listed on our CeFT® Directory. If you decide to access any third-party websites, mediums or services, you do so entirely at your own risk and subject to the terms and conditions of use of such third-party websites, mediums or services (as applicable).
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent.
Additionally, our Website may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content available on our Website; send e-mails or other communications with certain content, or links to certain content available on our Website; or cause limited portions of content on available on our Website to be displayed or appear to be displayed on your own or certain third-party websites.You may use these features solely as they are provided by us, solely with respect to the content with which they are displayed, and otherwise in accordance with these Terms and any additional terms and conditions that we may provide with respect to such features. Subject to the foregoing, you must not:
Any website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms. You agree to cooperate with us in causing any unauthorized framing or linking to immediately cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Our Website, and its entire contents, features and functionality (including all information, text, software, displays, images, video, audio names, graphics, logos, page headers, button icons, scripts and service names, and the design, selection and arrangement of the foregoing) are owned by us, our licensors or other providers of such material and are protected by United States or international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not use our or any third party proprietary marks available on our Website (“Proprietary Marks”) without our prior express written permission, which permission may be withheld in our sole discretion. We make no proprietary claim to any third-party names, trademarks or service marks appearing on or within our Website. Any third-party names, trademarks and service marks are property of their respective owners.
The information, advice, data, software and content viewable on, contained in or downloadable from our Website (collectively, “Content”), including all text, graphics, charts, pictures, photographs, videos, images, line art, icons and renditions, are copyrighted or trademarked by, or otherwise licensed to, us or our Content suppliers. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (“Collective Work”). All software used on or within our Website is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content (including any software) or the Collective Work.
You are solely responsible for any damages resulting from your infringement of our or any third-party’s intellectual property rights regarding Proprietary Marks, Content (including any software), the Collective Work or any other harm incurred by us as a direct or indirect result of your downloading, copying, distributing, redistributing, transmitting, publishing or using Proprietary Marks, Content (including any software) or the Collective Work for purposes that are contrary to the terms and conditions of these Terms.
Our Website is controlled, operated and administered by us from our offices within the United States of America. We make no representations that our Website (or the products and services described on our Website) are permissible, appropriate or available for use in other jurisdictions. If you access our Website from a location outside the United States, then you do so by your own volition and you are solely responsible for compliance with all laws, regulations and rules (including local laws and any applicable United States export control laws). You must not use our Website or any Content in a manner prohibited by any applicable state, federal, international or local laws, rules, restrictions or regulations.
You agree that your use of our Website, the Content and all information, content, materials, products and services described on or made available through our Website is at your sole risk.It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of our Website, the Content and all information, content, materials, products and services.Our Website, the Content and all information, content, materials, products and services included on or associated with our Website are provided to you on an “as-is” and “as available” basis.
We make no representations or warranties of any kind, express or implied, as to the operation of our Website, the Content or the information, content, materials, products or services included on or associated with our Website, including their accuracy, correctness, completeness, safety, reliability, title, timeliness, non-infringement, merchantability, conformity or fitness for a particular purpose. Without limiting the foregoing, you acknowledge that we cannot guarantee the continuous operation of or access to our Website or our product or service offerings. You further acknowledge that operation of and access to our Website or our products or service offerings may be interfered with as a result of technical issues or numerous factors outside of our control. We make no representation, warranty, or guarantee that our Website or the Content is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer, device, data, programs or other equipment or material due to your use of our Website or items obtained through our Website or to your downloading of any material posted on our Website or any links to our Website.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
10. Limitations on Our Liability
IN NO EVENT WILL WE BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING SPECIAL, INCIDENTAL, EXEMPLARY, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT INCLUDE DAMAGES FOR ANY PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, INJURIES TO PROPERTY AND LOSS OF PROFIT, REVENUE OR BUSINESS, WHETHER AS A RESULT, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, OF A BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE) OR OTHERWISE, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF ANY TERM OR CONDITION OF THESE TERMS; (II) YOUR ACCESS AND USE OF PRODUCTS OR SERVICES, OUR WEBSITE OR THE CONTENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR PRODUCTS OR SERVICE OFFERINGS, OR OUR WEBSITE FOR ANY REASON; (IV) YOUR DOWNLOADING OR USE OF ANY OF THE CONTENT OR THE COLLECTIVE WORK; (V) YOUR RELIANCE ON OR USE OF OUR PRODUCTS, SERVICES, THE WEBSITE, THE CONTENT, OR THE COLLECTIVE WORK; (VI) ANY THIRD PARTY’S USE OF OUR PRODUCTS OR SERVICE OFFERINGS, OR OUR WEBSITE OR THE CONTENT ON YOUR BEHALF; (VII) THE BREACH OF OUR SECURITY AND UNAUTHORIZED DISCLOSURE OF YOUR INFORMATION; OR (VIII) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED ON OR THROUGH OUR WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE OR THE CONTENT, IN EACH CASE, EVEN IF WE OR OUR AGENTS, REPRESENTATIVES, LICENSORS, VENDORS, SUPPLIERS OR ANY OTHER APPLICABLE THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY AND THE LIABILITY OF OUR DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES AND AGENTS ARISING OUT OF OR OTHERWISE RELATING TO THESE TERMS WILL NOT EXCEED $100.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR ANY CONSEQUENCES OF ACTIONS YOU TAKE OR FAIL TO TAKE BASED ON THE CONTENT, INCLUDING DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR EMOTIONAL DISTRESS, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH ACTIONS OR INACTIONS RESTS ENTIRELY WITH YOU.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR WEBSITEMUST COMMENCE WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these state laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
In the event that any limitation on the period of time for bringing an action, claim, dispute or proceeding against us, located in this “Limitations on Our Liability” section, is determined or held to be inapplicable or unenforceable by any court, arbitration panel or other tribunal, then the statute of limitations for the State of Florida, including Chapter 95, Florida Statutes, will apply to any such action, claim, dispute or proceeding referred to final or binding arbitration.
You covenant and agree to defend, indemnify and hold us and our officers, directors, members, managers, shareholders, employees, independent contractors, agents and representatives harmless from and against all claims and expenses, including attorneys’ fees, arising out of or attributable to: (i) any breach or violation of these Terms by you or your representatives; (ii) your failure to provide accurate, complete and current information requested or required by us; (iii) your access or use of our Products, the Website or the Content; or (iv) any personal injury, property damage or emotional distress caused by you.
You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we will be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of the provisions of these Terms. You agree that (notwithstanding Section 13 below) we may bring any action or proceeding with regard to such injunction restraining such breach or threatened breach in the courts of record of Palm Beach County, Florida, or the United States District Court, Southern District of Florida, West Palm Beach Division. You consent to personal jurisdiction over you by such court and to the exclusive jurisdiction of such court, and waive any objection to the laying of venue of any such action or proceeding in such court. We may affect service of any court paper on you by mail or in such other manner as may be provided under applicable laws, regulations, rules of procedure or local rules.
You and we agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of these Terms or to our Website will be resolved in accordance with the provisions set forth in this “Legal Disputes” section. Please read this “Legal Disputes” section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
Applicable Law. These Terms are governed by and construed in accordance with the internal laws of the State of Florida, without regard to conflicts of law principles. You agree that our Website will be deemed: (i) based solely in the State of Florida; and (ii) a passive service that does not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of Florida.
Agreement to Arbitrate. Any civil action, claim, dispute or proceeding arising out of or relating to this or any previous version of these Terms, your use of or access to our Website or Content (except for an injunctive action regarding a breach or threatened breach of any provision of these Terms by you as provided above) will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. You and we agree that the arbitrator will apply the terms of these Terms as a court would.
The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, and to arbitrate any part of these Terms, including any claim that all or any part of the this section or these Terms is void or voidable.
The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in Palm Beach County, Florida, under the AAA’s rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this section. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.
You and we will select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited U.S. $1,000 with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Judgment on any award rendered by the arbitrator is final, binding and conclusive on you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record for Palm Beach County, Florida.
Prohibition of Class and Representative Actions and Non-Individualized Relief.YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING OUR WEBSITE, YOU CONSENT TO THESE RESTRICTIONS.
Judicial Forum for Legal Disputes. Unless you and we agree otherwise in writing, in the event that any provision of this section is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Palm BeachCounty, Florida. You and we will submit to the personal jurisdiction of the courts located within Palm Beach County, Florida for the purpose of litigating all such claims or disputes.
If any provision of these Terms is contrary to, prohibited by or deemed invalid under applicable law, such provision will be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder of these Terms will not be invalidated thereby and will be given full force and effect so far as possible. If any provision of these Terms may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision will have the meaning that renders it valid and enforceable.
For purposes of these Terms, the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”; and the word “or” is not exclusive. The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms, and will not limit or otherwise affect in any way the meaning or interpretation of these Terms.
All covenants, agreements, representations and warranties made in these Terms, as may be amended by us, from time to time, will survive your acceptance of these Terms and the termination of these Terms.
No failure to exercise, and no delay in exercising, any right or any power set forth in these Terms by us will operate as a waiver of such right or power, nor will any single or partial exercise of any right or power under these Terms by us preclude further exercise of that or any other right or power under these Terms.
We may update, amend or change these Terms at any time, in our sole discretion and without notice. Amendments will take effect immediately upon us posting such updates on our Website. We encourage you to periodically check these Terms for changes, as your continued access and use of our Website following the posting of any changes will automatically be deemed your acceptance of all changes. If you do not agree to any change to these Terms, you must discontinue using our Website.These Terms replace all previous notices or statements with respect to this subject, and cannot be modified orally or in writing by any of our associates, representatives or any other third parties.
We may give, assign or transfer our rights or obligations under these Terms to any person or entity at any time with or without your consent. You may not give, assign or transfer your rights or obligations under these Terms to any person or entity without our prior written consent, which may be withheld in our sole discretion. Any attempt to assign your rights or obligations under these Terms without our consent will be void and of no force and effect.
We will not be liable for any changes, delays, failures or problems out of our control, including, without limitation, any changes, delays, failures or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, shortage of transportation facilities, fuel, energy, labor or materials and other similar events.
You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
If you have questions, comments, concerns or feedback regarding these Terms or our Website, please contact us via email at: email@example.com.