Date: January 22, 2020
Let’s Be Selfless (the “Organization,” “we,” “our,” or “us”), is committed to safeguarding and handling your Personal Information in a responsible and secure manner.
TABLE OF CONTENTS
- Information We Collect Through Your Use of the Services
- How We Use Your Information
- How We Share Your Information
- Your Choices
- Third-Party Services
- Children’s Privacy
- Cookies and Similar Tracking Technologies
- Users from Outside the United States & No Rights to Third Parties
- Do Not Track Signals
- Changes to Policy
- Contact the Site
- Information We Collect Through Your Use of the Services
“Personal Information” is any information that identifies you or makes you identifiable. We collect different types of Personal Information when you are accessing or using our Services, including:
- Information You Provide to Us.
In connection with the Services, we may ask you to provide these categories of Personal Information:
- Account Information: Information you provide about yourself to access our Services, including your name, email address, phone number, mailing address, and password, so that we may communicate with you and provide you with the Services. We do not request nor do we ask for you to disclose sensitive information to use such as religious denomination, race, ethnicity, philosophical beliefs, or physical or mental health information.
- Self-Reported Information: Information you provide about yourself, as well as records and copies of such correspondence, should you contact us.
- Voluntary Information: Information you provide to us voluntarily by filling in forms on our Website, subscribing to certain offerings on the Website (such as mailing lists, etc.), contacting us, or posting material. We may also ask you for Personal Information if you report a problem with the Website.
We also collect certain statistics and non-Personal Information concerning the Account Information, Self-Reported Information, Voluntary Information, and User Contributions of you and our other users. We use this information to better understand our users and improve upon the Website. We may also share this information as discussed below.
- Usage Information Automatically Collected.
When you visit the Website or access and use the Services, we automatically collect information about the Services you use and how you use them (“Usage Information”), as described below:
- Service Data: We collect information about your interactions with the Services, such as the pages or other content you view, and other actions you perform while using the Services.
- Log Data: We automatically collect log information when you use the Services. This might include information about your computer, mobile, and internet connection, including the mobile devices’ unique device identifier, IP address, click activity, operating system, browser type, mobile network information, the mobile device’s telephone number, device event information (e.g. crashes, unsuccessful logins, browser type), the web page you’ve viewed or engaged with before or after using the Services, and other relevant information. We collect and monitor this data in order to keep track of the security and privacy of your account. This information may also be used to gather and aggregate broad demographic information and profile data. If you do not want us to collect this information you should cease use of the Website.
- Cookies and Similar Tracking Technologies: We may use various tracking technologies to collect and store information about your use of our Services. We use these tools to ensure that you receive a personalized experience, to provide you with certain functions on our Services, to keep your account safe, and to improve and optimize our Services. Please refer to the Cookies and Similar Tracking Technologies section below for more information.
- Information from Third Parties
By using the Website to access or connect to a social network or other third-party platform or service (e.g., Facebook, Twitter), you authorize us to collect, store, and use any and all information in the same manner and to the same extent that you agreed the social network or third-party platform could collect, store, or use the information. Once the Personal Information has been transferred to the Website from a third party, you may or may not be able to rescind or remove the information.
- How We Use Your Information
Your Personal Information may be used for various purposes, including:
- To Provide You with the Website.
When you access or use our Services, we process certain Personal Information about you to be able to provide you with our Services. We cannot provide you with our Services without such processing of your Personal Information.
- To Communicate with You.
If you sign up for our Services, you may receive Service-related communications. Such Service-related communications are transactional messages about your account, billing information, surveys, customer support, research you may be interested in or are participating in, Policy changes, or other Service-related notifications. We may also use your Personal Information for communications and initiatives such as marketing, promotional, or sweepstakes related communications and initiatives. You can manage your email preferences and opt out of certain communications. However, Service-related communications, as well as security and legal notices, are necessary for us to continue to provide our Services to you.
- To Enforce our Terms, Agreements, or Policies.
To maintain a safe, secure, and trusted environment for you when you use the Services, we use your Personal Information to make sure our terms, policies, and agreements with you and any third parties are enforced. We actively monitor, investigate, prevent, and mitigate any suspected or actual prohibited activities on our Services. We are required to process your Personal Information for this purpose to provide our Services.
- For Research and Development.
We want to ensure our Services are continually improving and expanding so that we meet and exceed your needs and expectations. To do so, we may process your Personal Information to improve, optimize, or expand our Services or features of our Services. We do so by processing information about your use of the Services, any information you provide to us, and by measuring, tracking, and analyzing trends and usage in connection with your use or the performance of our Services. We may take additional security measures when processing your Personal Information for such purposes, such as by de-identifying (or “pseudonymizing”) your Personal Information and limiting access to such data. Without processing your information for such purposes, we may not be able to ensure your continued satisfaction when using our Services.
- To Comply with Applicable Laws.
We may be required to process your Personal Information under certain laws and regulations, such as tax laws. We will also process any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that we may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the Organization’s Terms of Service and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Organization, its employees, its users, its clients, and the public. We cannot provide the Services to you without such processing.
- How We Share Your Information
We may share your Personal Information we collect and you provide as discussed below:
- Disclosure to Our Service Providers.
We may disclose data, including Personal Information, that we collect or you provide as described in this Policy, to service providers we use in connection with the Services, such as:
- To process and store data, including Personal Information;
- To aid in the maintenance of the Website and Services;
- For auditing purposes;
- To process payments on the Website;
- To track, analyze, and modify our Services;
- To aid in marketing, advertising, and distribution efforts;
- To assist us in providing you with customer support; and
- To support our IT and security efforts.
These and other service providers to which we give your Personal Information will have access to your information as reasonably necessary to perform these tasks on our behalf and are obligated not to disclose nor use it for other purposes.
Google Analytics. Google Analytics is an analytics service provider. Learn more about how Google collects and uses data here. To opt out of Google Analytics Advertising Features please use Google Ad Settings. To opt out of Google Analytics entirely please use this link.
- Merger, Bankruptcy, or Corporate Reorganization.
We may disclose and transfer your Personal Information to a subsequent owner, co-owner, or operator of the Organization or the Services, or in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets (i.e., a bankruptcy proceeding), or other corporate change. We will notify you with any choices you may have regarding your Personal Information when we are engaged in a merger, bankruptcy, or reorganization.
- Legal Obligations and Safety.
We may share your Personal Information if it is reasonably necessary to:
- Comply with a valid legal process (e.g., subpoenas, warrants, court orders, etc.);
- Comply with requests or investigations by public authorities;
- Comply with applicable laws or regulations;
- Enforce or apply the Organization’s policies or policies of our partners;
- Protect the security or integrity of the Services; or
- Protect or defend the rights, property, or safety of the Organization, our employees, users, partners, and affiliates, or other natural persons.
- For any other Purpose, with your Consent.
We may disclose your Personal Information that we collect or you provide on your behalf or at your request. This includes disclosing your Personal Information in circumstances with other users of the Website; for example, your name will be shared on your profile with other users of the Website. Such disclosures will only occur with your specific consent. If you provide your consent to share your information, you may withdraw your consent at any time. Withdrawing your consent will not undo or reverse the lawfulness of any previous processing, and in some cases Personal Information may not be retrieved once shared. Contact us at Layl[email protected] if you would like to withdraw your consent.
- Your Choices
For Personal Information that we have about you, you have the following choices:
- Your Account.
You may edit some of your Personal Information through your account or ask us to change, update, or fix your Personal Information in certain cases, including if it’s inaccurate. When you update your account information, we may keep a copy of your previous account details for our records and to prevent fraud or other activities that violate our terms, policies, and agreements. Additionally, please note that by removing some of your data, your ability to use certain functionality of the Website may be limited. Further, if you do not provide us with some of your Personal Information, such as your name or email, we will no longer be able to provide you with access to certain Services.
- Self-Reported and Voluntary Information.
You may choose not to provide us with some of your Personal Information. In some instances, you may be able to edit your answers to forms, surveys or features you submit to us. If you cannot find the information you are looking for in your account, please contact us at [email protected] with your request.
- Communication Preferences.
If you do not want to receive emails from us, please adjust your communication preferences or click the unsubscribe link within the email you received from us. You may not be able to unsubscribe from Service-related communications as they are necessary for us to continue offering you the Services.
To make these or any other requests with respect to your Personal Information, you may email us at [email protected]. We ask that individuals making requests identify themselves and identify the information requested to be accessed, corrected, or removed before we process any requests. We may decline to process requests if we cannot verify the requestor’s identity, if we believe the change would violate any law or legal requirement or cause the information to be incorrect, or for a similar purpose. In any case, where we provide information access, deletion, or correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
If you choose to close your account or ask that we modify or delete some or all of your Personal Information, we will retain your personal data if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce obligations or fulfill any other requests from you (for example, to opt-out of further messages or for a copy of your data).
- Third-Party Services
You may find links to other websites, third party applications, and widgets on our Services that we neither own nor control. When you click on links on our Services, they may direct you away from our Website. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements and policies. Once you leave our Service or are redirected to a third-party website or application, you are no longer governed by this Policy or our Website’s Terms of Service. Websites containing co-branding (referencing our name and a third party’s name) contain content delivered by the third party and not us.
We take reasonable precautions and implement industry standard security safeguards designed to protect your Personal Information, in order to ensure that it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed.
However, given the nature of communications and information technology and that the use of the internet has inherent risks, we cannot warrant or guarantee that information provided to us through the Website or stored in our systems or otherwise will be absolutely free from unauthorized intrusion by others, nor can we warrant or guarantee that such data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
- Children’s Privacy
The Website is not designed or intended to attract children under 13 years of age. The Website does not collect Personal Information from any person we actually know is under the age of 13. A parent or guardian, however, may use the Website for and with a minor, which parent or guardian is solely responsible for providing supervision of the minor’s use of the Website and assumes full responsibility for the interpretation and use of any information or suggestions provided through the Website. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].
- Cookies and Similar Tracking Technologies
- To make our Services function properly;
- To provide a secure browsing experience during your use of our Services;
- To collect Usage Information about your use of our Services to help us improve and optimize our Services; and
- To remember your preferences for your convenience.
- Types of Cookies on Our Services
The Website may use both “session” cookies and “persistent” first and third-party cookies. A session cookie is temporary and disappears after you close your browser. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Website. Persistent cookies can be removed by following your web browser’s directions.
- Managing Cookies Through Browser Settings
You can enable, disable, or delete cookies through the browser you are using to access our Services. Many browser manufacturers provide helpful information about cookie management, including, but not limited to:
- Google Chrome
- Internet Explorer
- Mozilla Firefox
- Safari (Desktop)
- Safari (Mobile)
- Android Browser
- Opera Mobile
Please note, if you set your browser to disable cookies, you may not be able to access secure areas of our Services, and/or parts of the Services may not work properly for you. You can find more information about how to change your browser cookie settings at https://www.allaboutcookies.org.
- Users from Outside the United States & No Rights to Third Parties
The Website is offered in the United States and is governed by the laws of the United States and the State of Florida. If you are using the Website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the State of Florida, the United States, and other countries might not be as comprehensive as those in your country. By using the Website, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it with as described in this Policy. This Policy does not create rights enforceable by third parties.
- Do Not Track Signals
Currently, we do not monitor or take any action with respect to Do Not Track signals or other mechanisms, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.
- Changes to Policy
We may modify this Policy from time to time, without prior notice, and any changes may apply to any Personal Information we already hold about you, as well as any new Personal Information collected after the Policy is modified. When changes are made, we will notify you by revising the date at the top of this Policy. We will seek to provide you with advance notice if we make any material changes to how we collect, use, or disclose your Personal Information that impacts your rights under this Policy. You agree to review the Policy posted on the Website each time you use the Website so that you are aware of any modifications to this Policy. Your continued usage of the Website following any changes constitutes your acceptance of those changes.
- Contact the Site
If you have any questions or comments about this Policy, please contact us at [email protected]
Terms of Service
Terms of Service for Let’s be selfless
Last Updated: January 26, 2020
This website (the “Website”) is operated by Let’s Be Selfless (the “Company”). Throughout the Website, the terms “we”, “us” and “our” refer to the Company. The Company offers the Website, including all services, tools, technology, products, features, and mobile apps (together, the “Services”) available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting the Website [and/or [purchasing/contributing/accessing] something [from/to] us], you are making use of our Services and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using the Website. By accessing or using the Services you agree to be bound by these Terms of Service. If you do not agree to all the Terms of Service, then you may not access the Website or use any Services.
Any new features or tools which are added to the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Website without notice to the users. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of the changed Terms of Service.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH HEREIN. SECTION 18 BELOW HAS MORE INFORMATION AND HOW YOU CAN OPT OUT OF ARBITRATION.
Section 1 – Acceptable Use of the Services
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use or access the Services.
By using or accessing the Services, you represent and warrant that you will not:
- use our products for any illegal, unlawful, or unauthorized purpose, or to solicit others to perform or participate in any unlawful acts;
- upload or transmit viruses, worms, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- attempt to or actually disable, overburden, damage, impair, or override the Services or interfere with other party’s use of the Services, including any security components;
- use the Services for any commercial purpose;
- misrepresent your identity or affiliation in any way (including, without limitation, by using email addresses or usernames associated any other natural person that is not you);
- "stalk" or otherwise harass another user; or
- upload, post, email, share, or otherwise transmit any material to either the Company or a third-party platform (including social media) that may harass, disparage, or otherwise limit another user’s use or enjoyment of the Services.
In addition, you are prohibited from using the Website or its content:
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene purpose; or
- to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and you agree not to provide any other person with access to the Services or portions of the Services using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
A breach or violation of any of the Terms may result in an immediate termination of your Services. You acknowledge and agree that you are solely responsible for (and that the Company has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which the Company or any third party may suffer) of any such breach. You agree to defend and indemnify the Company and its affiliates against any liability, costs, or damages arising out of, directly or indirectly, the breach of the representation.
Section 2 – General Conditions
We reserve the right to refuse service to anyone for any reason at any time. Additionally, you agree that from time to time we may remove any of the Services for indefinite periods of time or cancel the Services at any time, without notice to you.
Security. We may employ physical, technical and administrative safeguards to guard against unauthorized disclosure or access to your personal information. However, you acknowledge that security safeguards, by their nature, are capable of circumvention and the Company does not and cannot guarantee that personal information about you will not be accessed by unauthorized persons capable of overcoming such safeguards (e.g., hackers) who may use viruses, worms, trojan horses, and other undesirable and malicious data and software to obtain access to or damage our Services or obtain access to user information. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
User Contributions. By uploading information to the Service or submitting any materials to us, including but not limited to any content or materials posted through message boards, chat rooms, personal web pages or profiles, (collectively, “User Contributions”) you automatically grant (or warrant that the owner of such rights has expressly granted) the Company a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, and translate your information to enable us to operate the Website and provide the Services and to make your information accessible to you and other users to the extent permitted by applicable law.
Section 3 – Intellectual Property Rights
The Services contain material, such as software, text, graphics, images, video, audio and other material (collectively, “Content”). No Content from the Services may be copied, reproduced, modified, republished, uploaded, posted, transmitted, reprinted or distributed in any way without the express prior written permission of the Company, except that you may download or print a limited number of copies of the Services for your personal, noncommercial, home use only, provided you keep intact all copyright and other proprietary notices. The Content may be owned by us or may be provided through arrangements with others, including other users of the Services or third-party content providers. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. Our name, brands, logos, slogans and other trademarks are our trademarks. All other names, brands, logos, product and service names, and designs appearing on the Services are the trademarks of their respective owners. You may not use such trademarks without our prior written permission.
- Your computer may temporarily store copies of the Content in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.
- If we provide social media features, such as allowing you to share items you find in our news section through social media links in those posts, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any Content from the Services;
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services; or
- Access or use for any commercial purposes any part of the Services or any Content available through the Services.
Section 4 – Accuracy, Completeness & Timeliness of Information
We are not responsible if information made available on the Website is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at your own risk.
The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
Section 5 – Modifications to the Service and Prices
Service availability, price and time-related information appearing on the Services are subject to change without notice. The Company is not responsible for any such changes and advises you to confirm all specific terms appearing on the or through the Services before acting in reliance on such terms. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Section 6 – Third Party Links, Content, and Tools
We are not responsible for examining or evaluating any products, advice or services offered by any third parties whose icons, products, advice, services, tools, or hyperlinks appear on the Website or through the Services. This includes links contained in advertisements, including banner advertisements and sponsored links. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). Third-party products and services accessible through the Website are not necessarily endorsed or recommended by the Company and we disclaim all responsibility regarding the performance or the use of third-party products and services. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Section 7 – User Comments, Feedback & Other Submissions
If, at our request or without a request from us, you send certain specific submissions (for example contest entries) or you send or post on in comment sections creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; (3) to respond to any comments or (4) or publish any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 8 – Personal Information
Section 9 – Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, 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 EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE SERVICES AND CONTENT ARE PROVIDED BY THE COMPANY (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY (AND ITS LICENSORS AND SUPPLIERS) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Section 10 – Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Section 11 – Indemnification
You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claims, demands, liabilities, damages, judgements, awards, losses, costs, expenses, or fees,, including reasonable attorneys’ fees, made by any third party due to or arising out of, directly or indirectly, your breach of these Terms of Service or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or a violation of any law or the rights of a third party.
Section 12 – Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 13 – Termination
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.
The provisions of these Terms concerning security, representations and warranties, assignment, prohibited activities, copyrights, trademarks, disclaimer, limitation of liability, indemnity, dispute resolution, and jurisdictional issues shall survive any such termination. You agree that if your use of the Website or the Services is terminated pursuant to these Terms, you will not attempt to use the Website or our Services, and further agree that if you violate this restriction after being terminated, you will indemnify and hold the Company harmless from any and all liability that may incur therefore.
Section 14 – Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on the Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the Company.
Section 15 – Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Miami-Dade, Florida.
Section 16 – Dispute Resolution
PLEASE READ THIS SECTION 18 CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION 18 REQUIRES YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
If you believe you have a dispute or claim against us arising out of your use of the Services or under these Terms, you agree to first discuss the matter informally with us for at least 30 days. To do that, you must give us written notice, which will include your full name and contact information, the nature and basis giving rise to your dispute or claim and your proposed resolution, sent to the address below.
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this section is enforceable, you understand and agree that any dispute, claim, or controversy arising under or in connection with these Terms, including your use and access to the Services or any other content, including, but not limited to, claims as to whether any services rendered by the Company or persons employed or engaged by the Company were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, shall be finally and exclusively resolved by binding arbitration under the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and Mediation Procedures and Consumer-Related Disputes Supplementary Procedures, and not by a lawsuit or resort to court process, except as applicable law provides for judicial review of arbitration proceedings. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. It is your responsibility to pay any AAA filing, administrative and arbitrator fees as set forth in the AAA Rules.
YOU ACKNOWLEDGE AND AGREE THAT BOTH PARTIES TO THE TERMS WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. The parties further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate. Any such controversy or claim shall be arbitrated on an individual basis, unless both parties otherwise agree in writing. The arbitration shall be held in Miami-Dade, Florida, U.S.A.
This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this arbitration provision within 30 days of the date that you first agreed to these Terms. To opt out, you must send your name, residence address and email address, and a clear statement that you want to opt out of this arbitration provisions to [email protected] Should you choose to withdraw from the arbitration provision, all other provisions of the Terms shall remain in full force and effect.
If for any reason a claim proceeds in court rather than arbitration, each party waives any right to a jury trial. You agree to the personal jurisdiction by and venue in the state courts of Miami-Dade, Florida or a United States District Court, and waive any objection to such jurisdiction or venue.
Section 17 – Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We may make changes, supplement or update these Terms from time to time. The revised Terms will be effective on the posted date, unless otherwise indicated. You acknowledge and agree that if you use the Services after the date on which the Terms have changed the Company will treat your use as acceptance of the updated Terms.
Section 18 – Contact Information
Questions about the Terms of Service should be sent to us at [email protected]