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Terms And Conditions

I. LAST UPDATED: 08/1/2023

PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE THOROUGHLY BEFORE UTILIZING THIS WEBSITE. THESE TERMS OUTLINE THE LEGALLY ENFORCEABLE REGULATIONS FOR YOUR WEBSITE USAGE, AS WELL AS THE PRODUCTS AND SERVICES OFFERED THROUGH IT. INCLUDED WITHIN THESE TERMS IS A SIGNIFICANT ARBITRATION AGREEMENT AND THE WAIVER OF CLASS ACTION RIGHTS. THESE TERMS HOLD IMPLICATIONS FOR YOUR LEGAL ENTITLEMENTS. IT IS ESSENTIAL TO PERUSE AND COMPREHEND THEM PRIOR TO PROCEEDING.

II. INTRODUCTION

Welcome! You have arrived at a web site that is provided by quotehand.com (“Company” or “we,” “our” or “us“). These Terms and Conditions (“Terms“) govern your use of quotehand.com (including, without limitation, both mobile and online versions of our sites), and also apply to your use of all features, applications, content, downloads and other services that we make available through the sites and/or that post a link to these Terms (collectively, referred to herein as the “Site”). By using the Site, you agree to follow and be bound by these Terms and agree to comply with all applicable laws and regulations. In these Terms, the words “you” and “your” refer to each customer or Site visitor.

You are accountable for regularly examining these Terms. Should you discover these Terms to be unsatisfactory at any point or if you do not consent to them, kindly refrain from utilizing this Site. The Site's availability to you relies on the adherence to the provisions stipulated in these Terms, encompassing your approvals, rights waivers, our liability constraints, your indemnification of us, and the arbitration of specific disputes.

On occasion, both these Terms and distinct guidelines, regulations, or usage/sale conditions that present extra or distinct stipulations will pertain to your Site usage or to a service/product provided through the Site (collectively referred to as "Additional Terms" in each such scenario). If a conflict emerges between these Terms and any Additional Terms, the Additional Terms will take precedence, unless expressly stated otherwise in the Additional Terms.

BY UTILIZING THE SITE AND ITS SERVICES, YOU ACKNOWLEDGE AND CONFIRM THAT YOU ARE A MINIMUM OF EIGHTEEN (18) YEARS OLD AND POSSESS THE LEGAL CAPACITY TO ENGAGE IN CONTRACTUAL AGREEMENTS.

TERMS AND CONDITIONS

Prior to utilizing the Site, it is crucial that you thoroughly read and comprehend all of these Terms.

1. PRIVACY POLICY

For a comprehensive outline of the Site's existing Privacy Policy, you can access it by clicking HERE. The Site's Privacy Policy is explicitly integrated into this Agreement through reference. During your use of the Site, you might be requested to furnish personal information through a questionnaire, application, form, or analogous document or service. The collection of this information will be carried out in accordance with our Privacy Policy.

2. SITE CONTENT, OWNERSHIP, LIMITED LICENSE AND RIGHTS OF OTHERS

  • A. Content. The Site encompasses a diverse range of elements, including: (i) content and various entities linked to the Company, Company's products and services, and analogous items provided by our licensors and third parties. This content includes layout, information, articles, reviews, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising material, URLs, technology, software, interactive features, the overall visual and functional essence of the Site, as well as the compilation, organization, and arrangement of the Site's materials and any copyright-eligible content (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or distinctive commercial identities belonging to various entities, including those of the Company (collectively referred to as "Trademarks"); and (iii) other categories of intellectual property (all collectively referred to as "Content").
  • B. Ownership. The Site, spanning historical, current, and prospective iterations, along with the Content, is under the ownership or authority of the Company, our licensors, and specific third parties. The complete set of rights, ownership, and interests regarding the Content accessible through the Site belongs to the Company, our licensors, or certain other third parties. This ownership is safeguarded by the most extensive extent attainable under U.S. and international copyright, trademark, trade dress, patent, and other intellectual property and anti-unfair competition regulations. The Company possesses the copyright for the selection, compilation, arrangement, assembly, and enhancement of the Content present on the Site.
  • C. Limited License. Subject to your strict compliance to these Terms and the Additional Terms, the Company offers you a restricted, non-exclusive, revocable, non-assignable, personal, and non-transferable authorization. This authorization grants you the ability to temporarily download, display, view, use, play, and/or print a singular copy of the Content (excluding the source and object code in raw form or otherwise, except as provided for accessing and displaying functionality) on a personal computer, mobile phone, wireless device, or other web-enabled device (referred to as a "Device") solely for your individual, non-commercial utilization. It's important to note that this limited license: (i) does not confer ownership or any other intellectual property rights in relation to any Content, and (ii) can be promptly suspended or revoked at the Company's sole discretion, without prior notice or liability, for any reason. On specific occasions, we might allow you more extensive access to and utilization of Content, subject to specific Additional Terms.
  • D. Rights of Others. While utilizing the Site, it's imperative to uphold the intellectual property and other entitlements of both the Company and third parties. Engaging in unauthorized utilization of Content could potentially infringe upon copyright, trademark, privacy, publicity, communications, and other regulations. Such actions could subject you to personal liability, including the possibility of criminal consequences.

3. SITE AND CONTENT USE RESTRICTIONS

  • A. Site Use Restrictions.You hereby commit to refraining from the following actions: (i) employing the Site for political or commercial intentions, including but not limited to advertising, fundraising, product pricing retrieval, or product sales; (ii) deploying meta tags or any concealed text that exploits any Trademarks; (iii) participating in any endeavors on or related to the Site that endeavor to cause harm to individuals or entities, or are illegal, offensive, indecent, obscene, lewd, violent, menacing, harassing, abusive, or that infringe upon any third party's rights, or are otherwise objectionable to the Company; (iv) engaging in the reverse engineering, decompilation, disassembly, or modification of any Site source or object code, or any software, products, services, or processes accessible through any section of the Site; (v) initiating any activity that impedes a user's entry to the Site or disrupts the Site's proper functioning, thereby inflicting harm upon the Site, the Company, or other Site users; (vi) undermining or bypassing any security attribute of the Site, or any feature that restricts or regulates access to the Site or its Content; (vii) collecting or retaining any data, including personally identifiable information of other Site users (such as email addresses), without their express consent; (viii) endeavoring to attain unauthorized entry to the Site, other computer systems, or networks linked to the Site through methods such as password mining or alternative means; or (ix) otherwise breaching these Terms or any Additional Terms.
  • B. Content Use Restrictions. Furthermore, you acknowledge that in your utilization of the Site: (i) you shall abstain from tracking, amassing, duplicating, or disseminating the Content (unless arising from routine search engine activities or conventional browser use) present on the Site through mechanisms such as robots, rovers, "bots," spiders, scrapers, crawlers, spyware, engines, devices, software, extraction tools, or any other automated or manual processes; (ii) you shall refrain from framing or employing framing tactics to enclose any of the aforementioned Content (including images, text, or page structures); (iii) you shall uphold the preservation of all Trademark, copyright, and other intellectual property notifications found within said Content; (iv) you shall not employ said Content in a manner that suggests an unsanctioned association with any of our or our licensors' products, services, or brands; (v) you shall not modify said Content; (vi) you shall not replicate, modify, reproduce, archive, vend, lease, rent, exchange, generate derivative works from, publish in hard copy or electronic form, present publicly, showcase, propagate, distribute, broadcast, relay, circulate, or transmit to any third party or via any third-party application or website, or otherwise exploit or utilize said Content in any manner for any purpose other than those explicitly sanctioned by these Terms or any Additional Terms, or without the prior written authorization of an official from the Company or, in the case of Content originating from a licensor, the content owner; and (vii) you shall abstain from embedding any code or product aimed at manipulating said Content in a way that negatively impacts any user experience.
  • C. Availability of Site and Content. Company may immediately suspend or terminate the availability of the Site and Content (and any elements and features of them) to anyone, in whole or in part, for any reason, in Company’s sole discretion, and without advance notice or liability.
  • D. Reservation of All Rights Not Granted as to Content and Site. These Terms, along with any Additional Terms, solely provide specific and restricted authorizations concerning Content usage and Site access. No rights or licenses can be inferred, regardless of the legal theory, whether by implication, estoppel, industry practice, or any other means. Company and its licensors, as well as other third parties, hold all rights that are not explicitly granted to you. Unauthorized utilization of Content or the Site for any intent is strictly forbidden.

4. TERMS APPLICABLE TO PURCHASES

  • A. Generally. To make purchases from the Company's online store, you must meet the age requirement of at least eighteen (18) years or adhere to the legal age of majority in your jurisdiction of residence. Prior to completing any purchases, you are required to furnish us with valid credit card details and associated payment information, encompassing the following: (i) your cardholder name, (ii) your credit card number, (iii) the card's type, (iv) the expiration date, and (v) any requisite activation numbers or codes necessary for charging your card. By submitting this information to us or our third-party credit card processor, you provide consent for us and/or our processor to charge your card at our discretion, with the charge occurring within a maximum of thirty (30) days subsequent to credit card authorization. Upon placing an order for any product or service on the Site, you are in agreement to pay the applicable price (inclusive of any applicable sales taxes and additional charges) in effect at the time of order submission. The Company will automatically bill the credit card or alternative payment method provided during the order process for the specified price. Kindly note that we do not offer price protection or refunds in case of price reductions or promotional offerings.
  • B. Methods of Payment, Credit Card Terms and Taxes. All payments must be facilitated through Visa, MasterCard, or Discover (if available). Currently, we do not accept cash, personal or business checks, or any other form of payment; although, we may revise this policy in the future. Your card issuer's terms and conditions govern your card usage. To comprehend your rights and responsibilities as a cardholder, you should refer to that agreement rather than these Terms. You affirm and ensure that you will not utilize any credit card or alternate payment method unless you possess all essential legal authorization to do so. It's crucial to acknowledge that YOU, NOT THE COMPANY, ARE LIABLE FOR SETTLING ANY UNAUTHORIZED AMOUNTS CHARGED TO YOUR CREDIT CARD BY A THIRD PARTY. You pledge to cover all associated fees and expenses linked to your purchases (inclusive of any relevant taxes) at the rates applicable at the time the charges were incurred. Unless you notify the Company of any discrepancies within a span of sixty (60) days from the initial appearance on your credit card statement, you consent that they are acknowledged by you for all intents and purposes. In cases where the Company doesn't receive payment from your credit card issuer or its representative, you agree to remit all amounts due upon demand from the Company or its representatives. Sales taxes, as well as other levies such as customs fees or import/export charges, are not integrated within the product price. You bear responsibility for satisfying such taxes or charges imposed on your acquisitions, encompassing but not limited to sales, use, or value-added taxes. The Company shall automatically apply and withhold the relevant tax for orders dispatched to locations within any states or regions that it considers necessary in alignment with the prevailing order policy during the purchase time.
  • C. Return Policy. All purchase transactions made through the Site are subject to Company’s return policy and/or money back guarantee policy in effect at the time of purchase.
  • D. Order Acceptance Policy. The reception of an electronic or alternative form of order confirmation by you does not indicate our acceptance of your order, nor does it signify the confirmation of our offer to sell. The Company retains the prerogative to, at any point following the receipt of your order, either consent or decline your order for any rationale. Additionally, the Company holds the right to, following the receipt of your order and without preliminary notice to you, provide a quantity lesser than what you originally ordered for any given item. The Company will consider your order as accepted upon our delivery of the products or services you have requested. It is possible that we may necessitate further verifications or information before confirming any order. However, it's important to recognize that if we cancel your entire order or a portion thereof, or if we supply a quantity less than what you ordered, your exclusive recourse will be either: (a) issuing a credit to your credit card account in the value corresponding to the cancelled or unprovided quantity (provided your credit card has already been charged for the order); or (b) refraining from charging your credit card for the cancelled or unprovided portion. It's essential not to assume that the cancellation or alteration of an order placed with the Company has been completed until you receive a confirmation via email or the Site from the Company. As previously indicated, you remain accountable for all fees associated with orders that have already been processed or shipped before your request for cancellation, alteration, or account termination is received. Consequently, your credit card or third-party payment account may be debited for such fees.
  • E. No Responsibility to Sell Mispriced Products or Services. We do our best to describe every item, product or service offered on this Site as accurately as possible. However, we are human, and therefore we do not warrant that specifications or pricing on the Site are complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, Company shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional terms may apply. If a product you purchased from Company is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging for a credit to your account in the amount of the purchase price.
  • F. Modifications to Prices or Billing Terms. Acquiring products and services through the Site is contingent upon their availability. IT'S IMPORTANT TO NOTE THAT THE ITEMS AND SERVICES SHOWCASED ON THE SITE MIGHT NOT BE ACCESSIBLE AT ALL TIMES AND COULD BE SUBSTITUTED OR WITHDRAWN AT ANY GIVEN POINT. THE COMPANY HOLDS THE AUTHORITY TO MODIFY ITS PRICES AND BILLING PROCEDURES FOR THE SOLD SERVICES AT ANY TIME. SUCH ALTERATIONS WILL TAKE EFFECT IMMEDIATELY UPON BEING POSTED ON THE SITE OR COMMUNICATED TO YOU VIA EMAIL.

5. TEXT MESSAGES

  • A. (i) How it Works: All new and existing patrons consent to receive promotional emails from us and retain the option to unsubscribe from such correspondence by utilizing the link provided within the email. Additionally, you might be asked to opt-in for receiving marketing text messages on your phone, either from us or our Marketing Partners. The process may involve responding to confirm both your phone number and email address. These text messages employ autodialed technology and are forwarded to the wireless number linked to your subscription. It's noteworthy that enrolling in this program isn't obligatory to make purchases. Do note that message and data rates could apply. (ii) Prerequisites for Participation: You need to possess a wireless device with two-way messaging capabilities, utilize a participating wireless carrier, and hold an active text messaging service as part of your wireless subscription. It's important to acknowledge that not all cellular service providers offer the requisite service for participation. Please verify your phone's capabilities to ascertain the specific instructions for text messaging. (iii) Participant Opt-Out or Help: To opt out of future messages at any time, text STOP to 85282, reply STOP to any text message, or email us at [email protected].(iv) Costs: Each message you send or receive may incur message and data rates in line with the stipulations of your cellular subscription plan. You are accountable for all applicable taxes. To comprehend the specifics of pricing, consult your wireless service provider. Participating Wireless Carriers: This service is compatible with Alltel, AT&T, Boost, U.S Cellular, Sprint, T-Mobile, Verizon Wireless, and Virgin Mobile USA. It's important to note that this service is provided "as-is" and may not be available at all times or in all locations. Furthermore, it might cease to function if there are alterations in products, software, coverage, or other modifications introduced by your wireless carrier. Rights Releases; No Warranties; Reservations: By engaging in this service, you express your agreement to free and hold harmless the Company and participating wireless carriers ("Released Parties"), along with their respective representatives, agents, successors, assigns, employees, members, officers, and directors, from any liability, loss, harm, damage, injury, cost, or expense, encompassing property damage, personal injury, and/or death, linked to this service. This includes any claims rooted in legal violations or the infringement of rights, such as violations of publicity rights, defamation, or invasion of privacy. The Released Parties are not accountable for any inaccuracies, typographical errors, mechanical glitches, or other discrepancies present in promotional materials related to this service. The participating wireless carriers, as well as their subsidiaries, affiliates, shareholders, officers, directors, agents, representatives, and employees, hold no responsibility for this service and will not be liable for claims arising from participation in it. The Released Parties provide no warranties and hereby disclaim all warranties, explicit or implicit, pertaining to any offers provided by third parties connected to this service. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE RELEASED PARTIES HEREBY DISCLAIM ALL SUCH WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

6. FEEDBACK YOU SUBMIT

  • A. General. The Company may currently or in the future extend to users of the Site the option to post, upload, exhibit, publish, distribute, transmit, or otherwise present messages, text, files, comments, responses, information, content, outcomes, evaluations, recommendations, personally identifiable information, or any other material or information, along with the concepts embedded therein (collectively referred to as "User Content"). This potentiality might be facilitated through communication tools such as "Contact Us," email, and other communication functionalities. Your User Content rights and ownership, subject to the rights and license you grant in these Terms, encompass any legally recognizable entitlement, title, and interest you possess in the content, while simultaneously upholding your ultimate accountability for it.
  • B. Non-Confidentiality of Your User Content. Except as otherwise described in the Site’s posted Privacy Policy or any Additional Terms, By utilizing the Site, you concur that: (a) any User Content you provide will not be treated as confidential, irrespective of whether you label it as "confidential," "proprietary," or similar designations, and will not be returned; and (b) the Company assumes no obligation of any sort toward you or any third party in connection with your User Content. Should Company make such a request, you undertake to provide any documentation necessary to validate the rights to said content and verify your adherence to these Terms or any Additional Terms. It's important to acknowledge the inherent vulnerabilities of the Internet and mobile communications to security breaches. Therefore, you are advised that the submission of User Content might not be secure, and you should take this into consideration before providing any such content. You are fully aware that the submission of User Content carries inherent risks, and you do so at your own discretion. During your interactions with the Company, kindly be aware that we do not solicit unsolicited ideas or materials for products, services, or suggested enhancements to products or services. These may encompass ideas, concepts, inventions, or designs for websites, products, recipes, or any other subject matter (collectively referred to as "Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials you post on the Site or transmit to us are treated as User Content and are licensed to us in the manner outlined below. Additionally, Company retains all rights that the general public holds concerning your Unsolicited Ideas and Materials. Receipt of your Unsolicited Ideas and Materials by the Company does not constitute an acknowledgment of their novelty, priority, or originality. Furthermore, it doesn't hinder the Company's right to challenge existing or future intellectual property rights pertaining to your Unsolicited Ideas and Materials.
  • C. License to Company of Your User Content. Unless otherwise stipulated in any applicable Additional Terms, which exclusively govern the submission of your User Content, you hereby confer upon the Company, and consent to confer, a non-exclusive, unrestricted, unconditional, limitless, global, irrevocable, perpetual, and cost-free right and license to employ, duplicate, record, circulate, reproduce, disclose, vend, re-sell, sublicense (through multiple tiers), display, publicly perform, transmit, publish, broadcast, translate, generate derivative works from, and otherwise utilize and exploit your User Content (including derivative works) in any conceivable manner, in all formats, via any means or medium now known or subsequently developed, employing technology or devices now known or to be invented in the future. Furthermore, this encompasses advertising, marketing, and promotion purposes. By way of illustration, the granted rights encompass the capacity to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, adjust, reformat, edit, adapt, publish in a searchable format, and delete User Content; as well as combining it with other materials, and (b) employ any ideas, concepts, expertise, or techniques contained within User Content for any conceivable purpose, which may include the development, production, and promotion of products and/or services. To further enforce the rights and license you extend to the Company concerning your User Content, you additionally bestow upon the Company an unconditional, perpetual, irrevocable entitlement to exploit your name, persona, and likeness in relation to any User Content, without necessitating any compensation or remuneration to you. You also hereby waive, and agree to waive, any moral rights (including attribution and integrity rights) you might possess in relation to any User Content, even if it is modified or altered in a manner that you may not agree with. To the extent that it's not permissible to waive such rights, you unequivocally agree to abstain from exercising these rights (if any) in any way that disrupts the exercise of the granted rights. You acknowledge that you will not receive any fees, sums, compensation, or remuneration for the rights granted in this Section 6(C), subject to the boundaries of the law.

7. NOTICES, QUESTIONS AND CUSTOMER SERVICE

  • You consent to the following terms: (i) We reserve the right to furnish you with notifications regarding new, modified, or revised terms, as well as other significant matters, by featuring the notice conspicuously on the Site's homepage or through another appropriate method; and (ii) We maintain the prerogative to get in touch with you through mail or email directed to the address you've furnished. It is incumbent upon you to promptly inform us in the event of any changes to your email or mailing address. In case you have inquiries related to the usage of the Site, you can reach out to us via email at:[email protected]. You acknowledge that the provision of customer support is at Company’s sole discretion and that we have no obligation to provide you with customer support of any kind.

8. LINKS BY YOU TO THE SITE

  • We provide you with a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license that permits you to generate hyperlinks to the Site under the following conditions: (a) The links should solely consist of text and should not utilize any Trademarks; (b) The links and content on your website must not imply any association with Company or result in any form of confusion; and (c) The links and content on your website must not portray Company, its products, or services in a misleading, derogatory, offensive, or otherwise objectionable manner. Additionally, they should not contain unlawful, offensive, obscene, lewd, violent, threatening, harassing, or abusive content, or infringe upon the rights of any third party. The Company reserves the right to halt or prohibit the linking to the Site for any reason, at its sole discretion. Such actions may be taken without prior notice and entail no liability of any kind towards you or any third party.

9. LINKED-TO WEBSITES; ADVERTISEMENTS; DEALINGS WITH THIRD PARTIES

  • A. Linked Sites; Advertisements. The Site may feature links, either within third-party advertisements or in other forms, to or from websites operated by third parties ("Linked Sites"). These may encompass sites run by advertisers, licensors, licensees, and select other third parties who share business affiliations with the Company. The content, operations, policies, terms, and other aspects of Linked Sites might be beyond the control of the Company. As such, the Company is not obliged to assess any Linked Sites. It's crucial to note that the Company does not endorse, sanction, or support any Linked Sites, or the content, advertisements, information, materials, products, services, or any other items provided by third parties. Moreover, the Company bears no responsibility for the quality or delivery of products or services accessible through or advertised on these sites. In no event shall the Company be held liable for any direct, indirect, incidental, or special loss or damages, whether resulting from negligence, breach of contract, defamation, infringement of copyright, or other intellectual property rights. This includes any loss or damages stemming from the display, distribution, or utilization of information or content found within these third-party Linked Sites. It's important to understand that any activities you engage in connection with such sites are governed by the privacy policies, terms and conditions of use and/or sale, and rules laid out by the operator of the Linked Sites. The Company hereby disclaims any and all liability associated with such matters.
  • B. Dealings with Third Parties. All interactions, communications, transactions, and any other engagements you undertake with third parties encountered on or through the Site (including Linked Sites or advertisements) are exclusively between you and the third party. This encompasses matters ranging from the content of third-party advertisements to payments, product delivery, warranties (including product warranties), data privacy, and security. The Company hereby absolves itself of any and all liability associated with such matters.

10. WIRELESS

  • A. Wireless Features. The Site may provide specific functionalities and services that you can access through your wireless Device. These offerings might include the capability to access Site features, upload content, receive messages, and download applications to your wireless Device (referred to as "Wireless Features" collectively). Participating in Wireless Features may entail standard messaging, data, and other charges imposed by your carrier. These fees could either appear on your wireless bill or be deducted from your pre-paid balance. It's possible that your carrier may have limitations on or restrictions for certain Wireless Features, and some of these features might not be compatible with your carrier or wireless Device. To gain clarity on the available plans and associated costs, you're encouraged to verify with your carrier. For any inquiries related to these matters, it's advisable to get in touch with your carrier directly.
  • B. Terms of Wireless Features. In accordance with the stipulations outlined in Section 4G above, you hereby consent that, in relation to the Wireless Features you are registered for, we retain the right to transmit communications to your wireless Device concerning us or other relevant parties. Additionally, we reserve the right to gather information pertaining to your utilization of the Wireless Features. Should you have registered for Wireless Features via the Site, you are required to promptly inform the Company about any alterations to your wireless contact information, including changes to your phone number.

11. DISPUTE RESOLUTION

  • Arbitration serves as an alternative to litigation, presenting parties with an efficient method to settle disputes. Unlike litigation, arbitration occurs outside the court system and employs an arbitrator instead of a judge or jury to resolve the matter. Agreement to arbitration is a mandatory condition for your use of the Site. Both you and the Company concur that if a dispute, including controversies, allegations, or claims, emerges regarding the Site, Content, your User Content, these Terms, Company's intellectual property rights, or Additional Terms ("Dispute"), this Dispute shall be resolved according to the provisions in this Section 11. If informal resolution per Section 11(A) is unattainable, the Dispute will be settled through binding arbitration, conducted by the Judicial Arbitration and Mediation Services, Inc. ("JAMS"), an independent national arbitration association, in accordance with JAMS' regulations. Details about JAMS and its rules can be found at www.jamsadr.com or by reaching out to JAMS at (800) 352-5267. Should arbitration be initiated, the Company will bear the cost of the arbitrator and the arbitration process. Whether instigated by you or the Company, all expenses tied to the arbitration, encompassing JAMS' fees and arbitrator fees, will be covered by the Company. However, if you opt for legal representation, you will be responsible for your attorneys' fees. The Company is committed to ensuring a just process, conforming to the criteria established by JAMS to guarantee impartial proceedings. This includes the selection of an independent, neutral arbitrator with no ties to the Company or its management. You concur that, notwithstanding any clauses in these terms concerning applicable substantive law, any arbitration conducted under this Section 11 will be governed by the Federal Arbitration Act ("FAA") (9 U.S. Code §§ 1-16). This Section 11 can only be modified by mutual agreement.
  • A. Informal Effort to Resolve Disputes. In the event of a Dispute, both parties, you and us, commit to sending a written notice to the other party containing a fair outline of the Dispute and a suggested resolution. We will send our notice to the most recent contact details you have provided us. Should we lack any contact information for you or if the information is outdated, this Section 11(A) shall not be applicable. For your notice to us, it must be directed to:: [email protected]. For a period of sixty (60) days from the date of receipt of notice from the other party, Company and you will communicate to attempt to resolve the Dispute, though nothing requires either you or Company to resolve the Dispute on terms which you and Company, in each of our sole discretion, are not comfortable.
  • B. Binding Arbitration. If we cannot resolve a Dispute informally under Section 11(A) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND COMPANY MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. A Dispute will be resolved solely by binding arbitration administered by JAMS, in accordance with JAMS’ then-current Streamlined Arbitration Rules and Procedures (“Rules”). To start the arbitration process, Company or you will send a written request for arbitration to JAMS at 8401 N. Central Expressway, Suite 610, Dallas, TX 75225 by U.S. mail or a reputable overnight delivery service (for example, Federal Express). You must also send a copy of any arbitration request to us at [email protected]. so that we are aware of the arbitration and can pay JAMS’ fee. JAMS will select a location for the arbitration, according to its procedural standards, that will be convenient for you. An arbitrator will be selected and govern the process, and he or she will issue a final and binding arbitration award.
  • C. Limited Time to File Claims. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, SHOULD EITHER PARTY WISH TO ASSERT A DISPUTE AGAINST THE OTHER, SUCH INITIATION MUST TAKE PLACE (THROUGH WRITTEN NOTICE DELIVERY, AS OUTLINED IN SECTION 11(A)) WITHIN ONE (1) YEAR FROM THE MOMENT THE DISPUTE ARISES. FAILURE TO DO SO WILL RESULT IN THE DISPUTE BEING PERMANENTLY PROHIBITED. "Initiating" in this context denotes: (a) providing written notice as detailed in Section 11(A) above; or (b) commencing arbitration with JAMS as explained in Section 11(B). The parties unequivocally waive any contrary statutes of limitations or time constraints, whether legal or equitable, pertaining to a dispute.
  • D. Injunctive Relief. The preceding terms of Section 11 shall not be applicable to any assertion made by either you or Company in pursuit of an injunction or other equitable remedy concerning any loss, cost, or damage (or potential loss, cost, or damage) linked to the Site, Content, your User Content, Company's intellectual property rights, Company's operations, and/or Company's products or services. However, this Section 11 remains in effect for claims brought by either you or Company in any action that doesn't seek such injunctive or equitable relief.
  • E. No Class Actions. YOU AGREE TO FILE ONE ARBITRATION THAT INCLUDES ALL OF YOUR DISPUTES AND JOINS ALL KNOWN DISPUTES. FURTHER, YOU AGREE THAT ANY ACTION YOU BRING SHALL BE INDIVIDUALLY ON YOUR OWN BEHALF AND THAT YOU EXPRESSLY WAIVE THE RIGHT TO BRING A DISPUTE ON A CLASS OR COLLECTIVE BASIS IN ANY FORUM, WHETHER IT BE IN ARBITRATION OR IN A COURT. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO FORM A CLASS OR PROCEED ON A COLLECTIVE BASIS. There shall be no right or authority for any Dispute to be arbitrated on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 11(B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 11(F).
  • F. Federal and State Courts in Miami Dade County, Florida. With the exception of cases where arbitration is mandatory as specified earlier, small claims actions, or for enforcing any arbitration decision or award, any legal action or proceeding connected to any Dispute arising from these terms may exclusively be initiated in either state or Federal court situated in Miami-Dade County, Florida. Consequently, both you and Company agree to the exclusive personal jurisdiction and venue of such courts for such matters.
  • G. Jury Trial Waiver. YOU EXPRESSLY AGREE TO WAIVE THE RIGHT TO HAVE ANY DISPUTE (AS DEFINED IN THESE TERMS) THAT YOU BRING IN STATE OR FEDERAL COURT HEARD BY A JURY.
  • H. Small Claims Matters Are Excluded from Arbitration Requirement. However, despite the previously mentioned provisions, either of us retains the option to bring a Dispute to a small claims court of suitable jurisdiction, if the claim meets the criteria to be considered in such a small claims court.

12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

  • YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Hence, within the boundaries permitted by law, Company and its subsidiaries, along with all their individual employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (referred to collectively as the "Company Parties"), completely renounce and refrain from providing any assertions, guarantees, approvals, or commitments, be they explicit or implicit, concerning:

    (a) the Site (including the Content and the User Content);
    (b) the functions, features, or any other elements on, or made accessible through, the Site;
    (c) any products, services, or instructions offered or referenced at or linked through the Site;
    (d) security associated with the transmission of your User Content transmitted to Company via the Site;
    (e) whether the Site or the servers that make the Site available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
    (f) whether the information (including any instructions) on the Site is accurate, complete, correct, adequate, useful, timely, or reliable;
    (g) whether any defects to or errors on the Site will be repaired or corrected;
    (h) whether your access to the Site will be uninterrupted;
    (i) whether the Site will be available at any particular time or location; and
    (h) whether your use of the Site is lawful in any particular jurisdiction.

    EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A COMPANY PARTY, COMPANY PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

    Certain jurisdictions may impose limitations or disallow the exclusion of implied or other types of warranties, thus the aforementioned disclaimers might not be fully applicable in cases where the laws of such jurisdictions are relevant.


    The Site is committed to maintaining accuracy, currency, and relevance in its information, documents, study guides, test materials, checklists, and created forms. However, due to the rapid pace of legal changes, we cannot ensure that all the information presented on the Site is entirely current, accurate, or up-to-date. Moreover, the information found on the Site should not be considered legal advice and cannot be guaranteed as correct, comprehensive, or up-to-date. Therefore, in situations where you require legal advice specific to your situation or if your issue is too intricate for our tools to handle, it's advisable to seek consultation with a qualified attorney. Periodically, we might provide specific services and introduce visitors to various services, products, and offers through diverse methods, including but not limited to:

    (i) third party listings,
    (ii) third party advertisers, and
    (iii) third party services.

    At no time are we responsible to you or liable to you for the accuracy or performance of any such listings and/or services.

13. LIMITATIONS OF OUR LIABILITY

  • UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
  • (a) the Site (including the Content and the User Content);
    (b) your use of or inability to use the Site, or the performance of the Site;
    (c) any action taken in connection with an investigation by Company Parties or law enforcement authorities regarding your access to or use of the Site;
    (d) any action taken in connection with copyright or other intellectual property owners or other rights owners;
    (e) any errors or omissions in the Site’s technical operation; or
    (f) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.

    The mentioned restrictions on liability shall be in effect regardless of whether any of the mentioned events or circumstances could have been anticipated, and irrespective of whether Company Parties were informed of or should have been aware of the potential for such losses or damages. This is applicable whether you pursue legal action based on contract, negligence, strict liability, or tort, including situations where negligence, acts of nature, telecommunication failures, or the destruction of the Site contribute to the matter.

    However, in certain jurisdictions, the exclusion or limitation of incidental or consequential damages, as outlined above, might not be permissible, thereby potentially rendering the aforementioned limitation or exclusion inapplicable to you.

    UNLESS OTHERWISE SPECIFIED IN ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL COMPANY PARTIES' AGGREGATE LIABILITY TO YOU FOR ALL POSSIBLE DAMAGES, LOSSES, AND LEGAL CAUSES ARISING FROM YOUR USAGE OF AND ACCESS TO THE SITE, AS WELL AS YOUR ENTITLEMENTS UNDER THESE TERMS, SURPASS AN AMOUNT EQUAL TO THE SUM YOU HAVE PAID COMPANY IN RELATION TO THE TRANSACTION(S) THAT FORM THE BASIS OF THE CLAIM(S). HOWEVER, THIS PROVISION WILL NOT BE EFFECTIVE IF A TRIBUNAL WITH RELEVANT JURISDICTION CONSIDERS IT TO BE UNCONSCIONABLE.

14. UPDATES TO TERMS

  • These Terms (or relevant Additional Terms, if applicable), as presented at the moment of your utilization of the corresponding services, shall oversee such usage (including transactions conducted during said usage). AS OUR SITE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SITE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SITE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SITE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SITE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Hence, it's advisable to review the published terms of service and any relevant Additional Terms every time you utilize the Site (especially before each transaction or submission). The updated terms will take effect for new use and transactions when we post them, or on a later date specified in them or in other notice to you. However, the terms of service (along with any applicable Additional Terms) that were in force when you previously used the Site will continue to apply to those prior instances (in other words, changes and additions are only prospective) unless mutually agreed upon. If a tribunal deems any notice of new, revised, or additional terms insufficient, the previous agreement will persist until sufficient notice for establishing a new agreement is given. It's recommended to regularly check the homepage and the email associated with your purchases for notices, all of which you acknowledge as reasonable methods of providing notice to you. If you disagree with new, revised, or Additional Terms, you can reject them by discontinuing the use of the Site and its associated services.

15. GENERAL PROVISIONS

  • A. Company’s Consent or Approval. Regarding any clause in these Terms or any Additional Terms that confers upon Company a right of consent or approval, or authorizes Company to exercise a right at its "sole discretion," Company may exercise such right at its exclusive and complete discretion. Any consent or approval from Company cannot be considered granted unless it is in written form and signed by an officer of Company.
  • B. Applicable Law. These Terms and any Additional Terms shall be governed by and interpreted in accordance with the laws of the State of Florida, excluding its principles of choice of law. Regardless of any other provision in these Terms, it's important to note that Company does not act as your agent, partner, or joint venturer in any capacity. Additionally, Company does not serve as your attorney or financial advisor and does not assume any fiduciary duty towards you.
  • C. Indemnity. You agree to, and hereby undertake to, defend, indemnify, and safeguard Company Parties against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys' fees) arising directly or indirectly from or related to any claim, lawsuit, action, demand, or proceeding brought against any Company Party or resulting from the investigation, defense, or resolution thereof. Such matters may arise from or be connected to, whether occurring previously or subsequently: (i) your User Content; (ii) your utilization of the Site and your actions associated with it; (iii) any breach or alleged breach of these Terms or any Additional Terms by you; (iv) your violation or alleged violation of any laws, regulations, rules, codes, statutes, orders, or ordinances issued by governmental or quasi-governmental authorities concerning your usage of the Site or your actions related to it; (v) information or content transmitted via your Device, even if not provided by you, which infringes, violates, or misappropriates any patent, copyright, trademark, trade secret, trade dress, privacy, publicity, patent, or other rights of any individual or entity; (vi) any misrepresentation made by you; and (vii) the utilization of information you submit to us (including your User Content) by Company Parties (collectively referred to as "Claims and Losses"). You will cooperate fully as required by Company Parties in the defense of any such Claims and Losses. Nonetheless, Company Parties retain the exclusive prerogative to settle, compromise, and bear any and all Claims and Losses. Company Parties reserve the right to assume the exclusive control and defense of any Claims and Losses. You shall not settle any Claims and Losses without obtaining the prior written consent of an officer of a Company Party in each instance.
  • D. Operation of Site; Availability of Products and Services; International Issues. Company manages and runs the Site from its offices located in the United States, and Company does not assert that the Site is suitable or accessible for use outside the United States. If you choose to use the Site from any location beyond the United States, you are initiating such usage of your own accord and are accountable for abiding by pertinent local regulations concerning your online behavior and permissible content, insofar as these laws are applicable. The Site might outline products and services that are exclusively accessible within the United States (or specific regions within it) and are not accessible globally. We retain the prerogative to restrict the availability of the Site and/or the provision of any content, program, product, service, or other feature explained or accessible on the Site to any individual, entity, geographic region, or jurisdiction, at any given time and as per our exclusive judgment. Additionally, we maintain the authority to restrict the quantities of any content, program, product, service, or other feature that we deliver. Both you and we disavow the relevance of the Convention on Contracts for the International Sale of Goods to these Terms.
  • E. Export Controls. Software associated with or offered through the Site might be subject to export controls under the jurisdiction of the United States. It is prohibited to download, export, or re-export any software from the Site under the following circumstances: (i) into, or to nationals or residents of, any country or jurisdiction that the United States has imposed an embargo on goods, software, technology, or services (which currently includes Cuba, North Korea, Iran, Sudan, and Syria); (ii) to individuals listed on the U.S. Treasury Department's register of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) to entities and individuals included in the U.S. Department of Commerce's Bureau of Industry and Security Entities List, as documented in the Export Administration Regulations. This list encompasses entities involved in the proliferation of weapons of mass destruction across various countries and individuals/entities suspected of diverting U.S. origin items to embargoed countries or for terrorist-related purposes. It is your responsibility to adhere to all domestic and foreign trade regulations and laws. Unless sanctioned by law, you agree and affirm that you will not export or re-export the software to any country, individual, entity, or end-user that falls under U.S. export controls, as described in subsections (i) - (iii) above.
  • F. Severability; Interpretation.Should any provision within these Terms or any Additional Terms be considered invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, that specific provision will be considered separate from these Terms or the Additional Terms. The invalidity of that provision will not impact the validity or enforceability of the remaining portions of these Terms or the Additional Terms, which will continue to be fully effective. In accordance with applicable law, you agree to and hereby waive any statutory or common law principles that might lead to a contract being interpreted against its drafter. In instances where the term "including" is used within these Terms or any Additional Terms, it is understood to mean "including, but not limited to."
  • G. Communications. By engaging in electronic communication with us, including through email and text messages, you acknowledge your consent to receiving communications from us in electronic form. It's important to recognize that we aren't obligated to respond to all received inquiries. You further affirm that any agreements, notifications, disclosures, or other communications we furnish to you electronically meet all legal criteria necessitating written communication.
  • H. Investigations; Cooperation with Law Enforcement; Termination; Survival. The Company retains the unrestricted right to: (i) investigate potential breaches of its Site's security, its information technology systems, or other networks; (ii) examine suspected breaches of these Terms and any Additional Terms; (iii) scrutinize data obtained through reviews of law enforcement databases or compliance with criminal laws; (iv) collaborate with law enforcement agencies in investigating these matters; (v) take legal action against violators of these Terms and any Additional Terms; and (vi) modify, suspend, or terminate the Site, wholly or partially, or your access to it, wholly or partially, including user accounts or registrations, as deemed necessary, without prior notice, for any reason, and without obligation to you or any third party. The suspension or termination will not absolve your responsibilities to the Company as outlined in these Terms or any Additional Terms. Upon suspension or termination, all rights granted to you under these Terms or any Additional Terms will promptly cease, and you are required to halt use of the Site as instructed. Provisions in these Terms and any Additional Terms that inherently extend beyond suspension or termination will endure, including the rights and licenses you grant to the Company, indemnification, releases, disclaimers, liability limits, and provisions concerning jurisdiction, choice of law, no class action, and mandatory arbitration.
  • I. Assignment. The Company has the authority to transfer its rights and responsibilities under these Terms and any Additional Terms, either partially or entirely, to any party without prior notice. However, you are not allowed to assign these Terms and any Additional Terms, nor can you delegate your obligations under them, unless you obtain written consent from a Company officer.
  • J. No Waiver. Unless explicitly stated in these Terms or any Additional Terms: (i) Neither your nor Company's failure or delay in exercising any rights, powers, or remedies shall be considered a waiver of those rights, powers, or remedies, or of any other rights, powers, or remedies. (ii) No waiver or alteration of any provision in these Terms or any Additional Terms shall be valid unless it is in written form and signed by the party against whom the waiver or modification is being invoked.
  • K. Connectivity. You are accountable for acquiring and upholding all necessary devices, equipment, software, internet service providers, mobile services, and other services required for your access to and utilization of the Site, and you will be held responsible for any associated charges.
  • L.California Consumer Rights and Notices. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
  • M. References. Mentions of "Site," "you," and "us" encompass our corresponding subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, along with all authorized or unauthorized users or beneficiaries of services under this agreement or prior agreements between us.
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