LAST REVISED: JANUARY 1, 2019
This site is not intended for use by consumers under the age of 18. By using this site, you affirm that you are over the age of 18 and that you are able to form a binding, legal contract. You agree not to use the website for any purpose that is unlawful or prohibited by these Terms. This site offers a free infomediary service that will attempt to connect you with independent, third party providers of certain products and/or services. THIS WEBSITE IS FREE TO USE. HOWEVER, THE OWNER OF THIS WEBSITE HAS A FINANCIAL CONNECTION TO THE PROVIDERS OF THE GOODS AND SERVICES REFERRED TO ON THE WEBSITE. THE OWNER MAY RECEIVE PAYMENT FOR EACH QUALIFIED SALE OR PAYMENT FOR EACH POTENTIAL CUSTOMER REFERRAL. THE SERVICE IS NOT AVAILABLE TO RESIDENTS OUTSIDE THE UNITED STATES OR IN STATES WHERE OUR SERVICES ARE PROHIBITED.
THIRD PARTY CONTENT AND LINKS TO THIRD PARTY WEBSITES
Your access and use of our site and its infomediary services may be interrupted from time to time for any of several reasons, including, without limitation, periodic updating, maintenance or repair, malfunctioning, or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of our site, Services, and/or any portion or feature of our Services at any time in our sole discretion, without prior notice.
We do not endorse or recommend the products or services of any third party service provider you may connect with on this website, and are not an agent or advisor to you or any service provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of any service providers on this site. It is your responsibility to investigate thoroughly and review any terms which third parties may provide you. You acknowledge and agree that the third party service providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a service provider’s products or services.
We are not a lender, do not issue financial products, and do not make credit decisions. Instead, we, through our free infomediary services, may help to connect you with Service Providers that might meet your needs based on information provided by you. Our services are entirely free to use. However, the service providers you may connect with on this site may charge a fee for their products and/or services. Please understand that we are not involved with and are not responsible for any fee arrangement that you may enter into with any service provider.
All information, materials, images, photographs, articles, functions, text, and other content provided by or on behalf of Us on this website (collectively, "website content") are the sole property of this website. The website and all of its content and the selection and arrangement thereof, are protected under the copyright laws and other intellectual property laws of the United States. Our site reserves all rights, in and to the website and the website content. Unless otherwise noted, the site name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the website are the property of the site, its affiliates, or licensors. You may not distribute, display, or disseminate any such documents, pages, images, materials or content without our prior, express written consent. Nothing contained on this website shall be construed as conferring any right or license under any trademark, copyright, or other intellectual property right. Any unauthorized use of this website or any of the website content will terminate the permission or license granted herein and may violate applicable copyright and intellectual property law. You will not alter, adapt, or otherwise modify any part of the website or website content.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, THIS WEBSITE, ITS AFFILIATES, LICENSORS, AND BUSINESS PARTNERS, INCLUDING WITHOUT LIMITATION, THE SITE'S NETWORK OF SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, FOR ANY CLAIMS, CAUSES OF ACTIONS, PROCEDURES OR ALLEGATIONS ARISING OUT OF OR RELATING TO ANY VIOLATION OF THESE TERMS, YOUR USE OF THE WEBSITE, WEBSITE CONTENT OR USER CONTENT (INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE ON YOUR BEHALF. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO DEFENSE BY YOU.
DISCLAIMER OF WARRANTIES
THIS SITE UTILIZES REASONABLE EFFORTS TO ENSURE THE INFORMATION PRESENTED ON THIS WEBSITE IS ACCURATE, BUT CANNOT GUARANTEE SUCH ACCURACY. THE WEBSITE, THE WEBSITE CONTENT, AND USER CONTENT ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT OR ENJOYMENT. WE MAKE NO GUARANTEE THAT THE WEBSITE CONTENT OR USER CONTENT ON THE WEBSITE IS UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON THE WEBSITE FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE WEBSITE CONTENT OR USER CONTENT ON THE WEBSITE WILL BE FREE OF INTERRUPTION, FREE OF ERRORS, OR THAT THE WEBSITE IS FREE OF VIRUSES, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THIS SITE, ITS AFFILIATES, BUSINESS PARTNERS, OFFICERS, OWNERS, AGENTS, AND/OR ANY OTHER PARTIES INVOLVED IN DEVELOPING, PRODUCING, OR DELIVERING THIS WEBSITE SHALL BE HELD LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE DAMAGES, OR ATTORNEY’S FEES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY AND THIS SITE'S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ANY REASON SHALL BE FOR YOU TO DISCONTINUE YOUR ACCESS TO OR USE OF THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
COMPLIANCE WITH APPLICABLE LAWS
You agree to comply with all applicable federal, state, and local laws, regulations and rules that apply to your activities when using the website. We reserve the right to terminate your use with respect to this website and to prevent your use of the website if such use or action is performed to engage in illegal activity or to violate these Terms. Our site may, in its sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities.
As mentioned above, our site reserves the right to modify these Terms from time to time. Your use of the website after such a modification will constitute your acceptance of, and your agreement to, any new or amended terms and conditions. These Terms govern your current visit to the website, not any future visit. As your next visit to the website may be governed by different terms posted at this page and you should review the terms on this page each time that you visit the website.
LAW AND VENUE
These Terms, and the interpretation, performance, and enforcement of your use and this website’s rights and duties, shall be construed in accordance with the laws of the State of Nevada, except for any conflict or choice of law principle thereof that would lead to the application of another jurisdiction’s laws to the rights and duties of the parties. You and our website consent to exclusive jurisdiction and venue in the federal and state courts sitting in Clark County, Nevada. Any claim you may have against this site must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and that each party has the right to seek attorneys’ fees in any proceeding.
CLASS ACTION WAIVER
To the extent allowed by law, you and this site each agree to waive any right to pursue disputes on a consolidated or class-wide basis; that is, to either join a claim with the claim of any other person or entity or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration, or other proceeding. YOU HEREBY UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THIS SITE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You and (WEBSITE.COM) (the “Parties”) agree to submit any dispute arising out of or in any way relating to this Site to binding arbitration conducted by a single arbitrator under the Commercial Rules of the American Arbitration Association (“AAA”) in Las Vegas, Nevada, rather than a proceeding in a court of law. All discovery shall be completed within sixty (60) days following the appointment of the arbitrator. Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video or other electronic means of communication. The arbitration aware shall be in writing and the arbitrator shall provide written reasons for the award. The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction. The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys’ fees and other reasonable costs, including fees of the arbitrator and the AAA, incurred in the action or proceedings. In no event shall the arbiter award punitive or exemplary damages. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award. Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) for any claims of infringement or misappropriation of this Site’s copyright, trademark, or trade secrets; and (v) to enforce any decision of the arbitrator, including the final award. If any AAA rule conflicts with these Terms and Conditions, these Terms and Conditions shall control. BY AGREEING TO ARBITRATION, YOU AGREE THAT THE PARTIES ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY IN ANY ACTION IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
By using our website, you affirmatively consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Site is governed by the laws of the United States of America, and is intended for use only by residents of the United States. If you are not a resident of the United States or reside within its jurisdiction, please refrain from using our services. By offering this site and its content, We make no distribution or solicitation to any person to use the website or its content in any jurisdiction where the provision of this website is prohibited by law.
Our failure to enforce any provision of these Terms shall not be construed as a waiver of such or any future provision.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
If you have any questions or concerns about these Terms, please visit our Contact Page.