THE FIERCE COLLECTIVE MEMBERSHIP Participant Contract
Updated December 1, 2020
Company: Resilient Life Institute LLC
Sites: fiercelyresilient.com, tachakasper.com, resilientlifeinstitute.com
BY REGISTERING FOR THE FIERCE COLLECTIVE MEMBERSHIP YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THIS PARTICIPANT CONTRACT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS PRODUCT.
Resilient Life Institute LLC (the “Company”) is the operator of the site www.FiercelyResilient.com, The Fierce Collective (the “Site”), with a physical mailing address of 8941 Atlanta Ave #297, Huntington Beach CA 92646 Atlanta Ave. #297, Huntington Beach, California, 92646
This writing outlines the intended legal relationship between between Resilient Life Institute LLC (the “COMPANY”) and you (the “CLIENT”). The writing (the “AGREEMENT”) is intended to govern and control your purchase of THE FIERCE COLLECTIVE MEMBERSHIP SUBSCRIPTION (the “PROGRAM”) from the COMPANY.
The COMPANY and the CLIENT are the intended parties (the “PARTIES”) to this AGREEMENT.
Accepting these terms
As the CLIENT, you are entering into a legally binding agreement with the COMPANY, a California LLC according to the following terms and conditions, when you do any of the following:
- Click “I Agree”
- Click “Agree to Terms” upon registration and subscription
- Email your statement of agreement
- Enter your credit card information
- Sign this agreement on this page, or reverse
- Enroll electronically in the PROGRAM
- Enroll verbally, or otherwise, in the PROGRAM
With this acceptance, the PARTIES agree that any individual, associate, and or assign are bound by the terms of this AGREEMENT. A facsimile, electronic, or emailed executed copy of acceptance of this AGREEMENT is legally binding with either a written or electronic signature and has the same result as an originally signed copy.
This AGREEMENT is executed and valid, when CLIENT accepts these terms (electronically, verbally, written, and or otherwise).
The terms of this AGREEMENT are binding on any additional goods and or services supplied by COMPANY to CLIENT.
PARTIES agree that the PROGRAM is in the nature of health and wellness education.
The scope of services provided by COMPANY according to this AGREEMENT are limited to those listed on COMPANY’s website, or as part of the PROGRAM. COMPANY reserves the right to substitute services equal to or comparable to the PROGRAM for the CLIENT if the need arises, without prior notice.
Company provides access to the Site and the contents contained within it as consideration for your payment. You are considered a Member of the membership site. (the “Member”).
The Company reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes.
By accessing, browsing, using the Site, selecting “I Accept” during the membership registration, and or the submission of payment; you represent that you have read, understand, and agree to be bound by the terms and conditions of this Agreement.
- Company grants you a personal, limited, non-transferable, non-exclusive license to access and use the Site.
- Company reserves the right, in its sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so.
- Company may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
USE OF SITE AND PROGRAM
You may use the Site only for your own noncommercial personal use and in compliance with these Terms.
You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications.
Any other use of the Site requires the prior written consent of Company.
You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of the Company. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.
Company requires all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
- Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
- Posting any information which is untrue, inaccurate or not your own;
- Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
- Attempting to interfere in any way with the Site or Company’s network security, or attempting to use the Site to gain unauthorized access to any other computer system; and
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site.
Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without Company’s prior written consent.
PROGRAM REGISTRATION AND PASSWORDS
In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords.
SITE NOT FOR MINORS
PROGRAM MEMBERSHIP SUBSCRIPTION CONTRACT
Company offers two subscription types: recurring monthly subscriptions (“Monthly Subscriptions”); and prepaid annual subscriptions (“Annual Subscriptions”).
By purchasing a Monthly Subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
Your subscription will be automatically extended for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate.
To cancel your Monthly Subscription at any time, you must logon to your account and follow the cancellation procedures or call or email us and we will do it for you.
If you cancel, you may use your subscription until the end of your then-current subscription term. Company may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Company reasonably could act.
By purchasing an Annual Subscription, you acknowledge that your subscription has an initial pre-payment feature for one full year of service.
At the end of the year, you will be notified prior to your subscription being renewed. If you choose to renew, your subscription renewal price remains at your previous rate. If you choose not to renew during the renewal period and later renew, your rate will be the then-current subscription rate. If at the end of your yearly subscription, you choose to switch to monthly subscription, you will be charged at the current monthly subscription rate.
You may only cancel your Annual Subscription during the first month (30 days) of the subscription.
The term “Confidential Information” means information which is not generally known to the public relating to the CLIENT’s business or personal affairs.
COMPANY agrees not to disclose, reveal, or make use of any Confidential Information learned of through its transactions with CLIENT during discussions and interactions with CLIENT, or otherwise, without the written consent of CLIENT.
COMPANY shall keep the Confidential Information of the CLIENT in strictest confidence and shall use its best efforts to safeguard the CLIENT’s Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.
No transfer of intellectual property
COMPANY’s copyrighted and original materials are provided to the CLIENT for his or her individual use only and under a limited single-user license.
CLIENT is not authorized to use any of COMPANY’s intellectual property, trademarks and or copyrights, for any purpose. CLIENT is not authorized to share, copy, distribute, or otherwise disseminate any materials received from COMPANY electronically, or otherwise without the prior written consent of the COMPANY.
COMPANY agrees and allows CLIENT to make one (1) printed physical copy of the provided materials for CLIENT’s personal use only.
All intellectual property, including COMPANY’s copyrighted materials AND SITE materials shall remain the sole property of the COMPANY. No license to sell or distribute COMPANY’s materials is granted or implied.
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of the Company and are protected by copyright, trademark and/or other proprietary rights and laws.
You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site.
All of Company’s Site content is copyrighted by Resilient Life Institute LLC. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. Company reserves all rights not granted under these Terms.
To the extent that CLIENT interacts with COMPANY staff and or other clients, CLIENT agrees to behave professionally, courteously, and respectfully with staff and clients at all times. CLIENT agrees that failing to follow course rules is cause for termination of this AGREEMENT. In the event of such a termination, CLIENT is not entitled to recoup any amounts paid and remains responsible for all outstanding amounts of the Fee.
In the event that a dispute arises between the PARTIES or a grievance by CLIENT, the PARTIES agree and accept that the only venue for resolving such a dispute is the venue identified below. PARTIES further agree that they will not engage in any conduct or communications public or private, designed to disparage the other. Such an act constitutes a breach of this AGREEMENT.
Use of PROGRAM Materials
- By accepting this AGREEMENT, CLIENT consents to all versions of recordings being made of the PROGRAM.
- COMPANY reserves the right to use, at its sole discretion, the following: PROGRAM materials, videos, audio recordings, and materials submitted by CLIENT (in the context of the PROGRAM); for future lecture, teaching, and marketing materials, and further other goods/services provided by COMPANY, without compensation to the CLIENT.
- CLIENT consents to its name, voice, and likeness being used by COMPANY for future lecture, teaching, and marketing materials, and further other goods/services provided by COMPANY, without compensation to the CLIENT.
No resale of services permitted
CLIENT agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the PROGRAM including materials, use of the PROGRAM, or access to the PROGRAM. This AGREEMENT is not transferable or assignable without the COMPANY’s prior written consent.
If CLIENT is (1) behind in payment, or (2) otherwise in default of this AGREEMENT, then full payment is immediately due and CLIENT is barred from using any of COMPANY’s services. COMPANY is allowed to immediately collect all Fees from CLIENT and stop providing further services to CLIENT.
MEMBER CONTRIBUTED CONTENT
The Company values your engagement. When contributing content, please consider the following guidelines:
- By submitting or posting any materials or content on the Site, you grant Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials.
- You represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Company the license specified above.
- You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material.
- Company will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
- All contributed content is subject to the terms set forth below and in our standard Terms and Conditions, which include our policy regarding copyright infringement;
We reserve the right not to post your content if it contains any of the following types of content or violates other guidelines.
By way of example, and not as a limitation, you agree that when contributing content, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Use obscenities, discriminatory language, or other language not suitable for a public forum;
- Post advertisements, “spam” content, or references to other products, offers, or websites;
- Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
- Post unduly critical or spiteful comments of other content posted on the page or its authors;
- Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights or have expressly received all necessary consents;
- Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
If you want to share feedback with the Company concerning information provided via the membership section, please contact us directly via the ‘contact us” button at the bottom of each site page. and not through the membership Site.
PROGRAM LIVE CALLS
Company will provide live calls, webinars, web casts, or any other audio or visual interaction known or yet unknown, as part of your purchase and when your account is current and in good standing.
Company reserves the right to record any and all of its offered calls, webinars, web casts, and or any other method of hosting and recording an interaction with you and to reuse, redistribute, repurpose, or any other method that Company decides to use as part of its business.
When you access and or participate on a call, webinar, online video conferencing, web casts, or any other method known or not yet known with the Company as part of the product or service, you grant the Company a non-exclusive, unlimited use, worldwide license to your voice, likeness, and or words without compensation to you now or at any time in the future.
Company is providing these calls as part of the product, membership or service that you purchased and the calls, webinars, online video conferencing, web casts or any other method known or not yet known are in the nature of health and wellness education.
PROGRAM 1:1 SUPPORT (Special Bonus Times Only)
Company agrees to at bonus or special times, provide private one-to-one support to you as part of your purchase. The Company does not guarantee that any bonus or special appointments will be made available.The Company will provide this support according to the following terms:
- Times will become available only when bonus or special events arise, at the sole discretion of the Company. There is no guarantee as the the quantity of times that will be come available throughout the year.
- No free bonus 1:1 appointment will be longer than 30 minutes.
- There may be times that members can “earn” bonus points to have access to bonus calls.
- When available times become available, Clients will be notified within the membership of the appointment times, and how to schedule.
- When appointments are offered, they will be available for limited time, and to be used on first come, first serve basis, within the time frame noted. If the Client misses out on the opportunity, there is no guarantee for any make-up session or future session, no any reimbursement or credit for bonus time not used.
- Any scheduled times will require a 24 hours cancellation policy.
- The appointments are only intended as specials or bonuses, they cannot be traded for anything else. It’s a “use it or lose it” type of bonus. It’s strictly the Clients responsibility to pay attention to when these bonuses arise and to schedule on their own accord and as directed during time of bonus.
- Any of the Bonus 1:1 sessions are not intended to be any type of specific therapeutic support and should not be used as such, or anything outside the scope of the membership.
PROGRAM EMAIL SUPPORT
Company will provide email support as part of your purchase and when your account is current and in good standing.
Company’s email support is outlined below:
- Clients may send email requests to administration when in need of specific support or answering questions regarding the membership.
- There is no express limit to how many or how often Clients can send emails; however, the Company reserves the right to notify the Client is the demand is crossing a base limit of the intention of support.
- If a Client is considered to be abusing the email support program by asking inappropriate questions, or for support that is beyond the scope of the membership, or in need of higher level of service that is not part of the membership, the Company will notify the client via email. If the Client continues, then the Company may revoke access to email support.
- Email support response time will be on average 24-48 hours during the regular work week and work hours of Monday to Friday, 9am to 5pm PST.
- Clients can ask questions in email support that are related to the issues included in The Fierce Collective membership, or about how to use the system or access calls.
- Email support is not intended to be any type of specific therapeutic support and should not be used as such, or anything outside the scope of the membership.
PROGRAM SOCIAL COMMENTS WITHIN MEMBERSHIP
Company will provide access to make comments in certain appropriate sections within the membership as part of your purchase and when your account is current and in good standing.
This is a PAID SUBSCRIPTION, RECURRING MONTHLY CHARGE PROGRAM.
CLIENT is charged a recurring, monthly fee to access this PROGRAM:
- As outlined on COMPANY’s website,
- Provided through email,
- According to the Payment Schedule and the payment plan selected by CLIENT (the “FEE”), or
- As otherwise noted in this AGREEMENT.
Since the majority of the membership is based on the Client interaction on calls, and upon registration and payment all digital content is immediately available, as well as the Client is charged on a monthly basis, in which the Client can cancel at any time within the appropriate cancellation terms, the Company will NOT provide any refund of any FEES provided by the Client to the Company.
Payment Security & Chargebacks
This is a PAID SUBSCRIPTION, RECURRING MONTHLY CHARGE PROGRAM. To the extent that CLIENT provides COMPANY with credit card(s) information for payment of Fee on CLIENT’s account, COMPANY is authorized to charge CLIENT’s credit card(s)for any unpaid charges on the dates agreed to in the Payment Schedule.
CLIENT shall not make any chargebacks to COMPANY’s account or cancel the credit card that is provided as security without COMPANY’s prior written consent. CLIENT is responsible for any fees associated with recouping payment and collection fees associated with the chargeback. CLIENT shall not change any of the credit card information provided to the COMPANY without notifying COMPANY in advance.
In the event of any conflict between the provisions contained in this AGREEMENT, any marketing materials used by COMPANY, COMPANY’s representatives, or employees, the provisions in this AGREEMENT control.
This AGREEMENT is the entire AGREEMENT between the PARTIES relating to the subject matter and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. Modification to this AGREEMENT is by a writing signed by both PARTIES.
Disclaimer of Guarantee
CLIENT accepts and agrees that he or she is 100% responsible for his or her progress and results from the PROGRAM. CLIENT accepts and agrees that he or she is the one vital element to the PROGRAM’s success and that COMPANY cannot control CLIENT.
COMPANY makes no representations or guarantees verbally or in writing regarding performance of this AGREEMENT other than those specifically stated. COMPANY and its affiliates disclaim the implied warranties of titles, merchantability and fitness for a particular purpose. COMPANY makes no guarantee or warranty that the PROGRAM will meet CLIENT’s requirements or that all CLIENTs will achieve the same results.
Choice of Law/Venue
This AGREEMENT is governed and interpreted in accordance with the laws of the State of California without giving effect to any principles of conflicts of law.
The PARTIES agree to submit any dispute or controversy arising out of, or relating to this AGREEMENT to arbitration in the State of State of California, County of Orange, City of Huntington Beach according to the rules of the American Arbitration Association. The arbitration is binding upon the PARTIES and their successors in interest. The prevailing party may collect all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this AGREEMENT.
The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of Fees owed set forth in this AGREEMENT, and any other provisions that by their sense and context the PARTIES intend to have survive, shall survive the termination of this AGREEMENT for any reason.
You assume all responsibility and risk with respect to your use of the Site.
THE SITE, ALL CONTENT, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
SPECIFICALLY, BUT WITHOUT LIMITATION, COMPANY DOES NOT WARRANT THAT:
(1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE;
(2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR
(3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Company makes no warranties of any kind regarding any non-Company sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Company makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Company sites. Company does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
DISCLAIMER – NO PROFESSIONAL OR MEDICAL ADVICE
Any information provided by Company regarding the information or otherwise is for informational purposes only.
You should not take any action, or refrain from acting, based upon any information contained on the Site.
Use of the Site is not meant to serve as a substitute for professional advice. You should seek independent professional advice when appropriate. Company does its best to provide objective, accurate information but also recommends that you seek out professional advice regarding any information that you receive via the Site.
In the event, either party is unable to perform its obligations under the terms of this Agreement because of acts of God, epidemics, pandemics, shutdowns (local, state, or federal), strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO COMPANY IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.
All claims against the COMPANY must be filed with the entity having jurisdiction within 60 days of the date of the first claim or otherwise be forfeited forever. CLIENT agrees that COMPANY will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of COMPANY’s services or enrollment in the PROGRAM.
CLIENT agrees that use of COMPANY’s services is at CLIENT’s own risk.
Company specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify Company of your copyright infringement claim in accordance with the following procedure.
Company processes notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”).
The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:
Resilient Life Institute LLC
8941 Atlanta Ave #297
Huntington Beach CA 92646
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
Company controls and operates the Site from the United States, in the State of California. Company makes no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Please contact Company with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms.
The rights and remedies of Company under these Terms and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company’s right to exercise any other right or remedy.
Any dispute relating in any way to your visit to, or use of, the Site, to the products you purchase through the Site (including a subscription), or to your relationship to Company shall be submitted to confidential arbitration in State of California, County of Orange, City of Huntington Beach; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, County of Orange, City of Huntington Beach.
You consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of State of California, County of Orange, City of Huntington Beach.
Arbitration under these Terms will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to this Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Site or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.
- Arbitration is more informal than a lawsuit in court.
- Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts.
- Arbitrators can award the same damages and relief that a court can award.
YOU AND COMPANY AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
If you have any other questions regarding companies terms and policies, visit the LEGAL section on this site.
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If you need to reach the office for immediate assistance, please call 949-272-0729
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