Terms and Conditions
Last Updated September 13, 2022
We may terminate your right to access or use the Information or the Websites at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that we believe is harmful to our business, or for conduct where your use of the Information and/or Websites is harmful to any other party. If you do not agree to these conditions, STOP reading now, and do not access or use the Information and/or the Websites.
We may, in our sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Visitors upon posting of the modified Agreement to this web address (URL): https://www.marivasan.com.com/terms-of-use. You are responsible to read this document from time to time to ensure that your use of the Information and/or Websites remains in compliance with this Agreement.
THE SECTION BELOW TITLED “ARBITRATION” CONTAINS A BINDING ARBITRATION AGREEMENT. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.
FOR PERFORMANCE MAXIMIZATION, COACHING, PERSONAL GROWTH, WELL-BEING AND SELF-IMPROVEMENT PURPOSES ONLY
The Websites’ contents are for purposes of maximizing performance, coaching, motivation, increasing well-being and self-improvement only and solely as a self-help tool for your personal use. The Company makes no representations or warranties, either expressed or implied, with respect to the accuracy or completeness of the Information or the Websites.
NOT MEDICAL, LEGAL OR FINANCIAL ADVICE The Company and its affiliates, owners, managers, employees, shareholders, officers, directors, other personnel, representatives, agents or independent contractors (collectively, “Company Persons”) do not hold themselves out to be medical professionals, attorneys, accountants, financial advisors, or investment advisors, nor does any Information or other Websites contents constitute medical, psychiatric, psychological, legal, accounting, investing or other professional advice to you. Further, the Company Persons are not “therapeutic hypnotherapists” as that term is defined by the laws of the State of Florida. You acknowledge and agree that the Information and this Websites are not intended to be a substitute for the medical, psychiatric, psychological, legal, accounting, financial investing or other professional advice that can be provided by your own professional advisors.
THE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATED TO THE PERFORMANCE, OPERATION OR CONTENTS OF ITS WEBSITES OR THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON OR THROUGH THE WEBSITES). TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE INFORMATION AND THE WEBSITES ARE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
You agree that the information you provide to us on or through the Websites will be accurate. You acknowledge that you are voluntarily using the Websites and that you are solely and personally responsible for your choices, actions and results in connection with that use, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any Information or this Websites, and you agree to use your own judgment and due diligence in connection with your use of any Information or the Websites.
You acknowledge and agree that no promise or guarantee of any outcome has been made between you and the Company or any Company Person.
You and acknowledge and agree:
No Medical Advice
The Information and the Websites are not to be perceived as or relied upon in any way as medical advice or mental health advice or as a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist or any other licensed or registered health care professional. The Company is not in the business of providing health care, medical or nutrition therapy services or in attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. The Information and the Websites do not purport to give any medical, psychological, or religious advice whatsoever.
No Legal, Accounting, or Financial Advice
The Information and the Websites are not intended to be perceived as, or relied upon, as legal, accounting, or financial advice. The Company is not a law firm, accounting firm, or financial advisory firm and does not provide legal, accounting, or financial advice. The information provided through the Information and the Websites is not intended to be a substitute for the professional advice that can be provided by your own accountant, lawyer, or financial advisor.
Neither the Company nor any Company Person is, in such capacities, a licensed medical professional.
While the Information and the Websites may present real-world experiences, testimonials, and insights about other people’s experiences with the Information or the Websites, such experiences are provided for the purposes of illustration only. Testimonials may not be representative of all reasonably comparative users. The testimonials presented on the Websites are of actual clients, although in some cases their photographs and, in descriptions of Transformations, names have been changed for privacy purposes. However, the Company does not alter, modify, or adjust the testimonial given by a user (other than, in some cases, editing for grammar or brevity.
Assumption of Risk
As with all situations, unknown individual risks and circumstances can arise during use of the Information and the Websites that cannot be foreseen and that can influence or reduce results. You recognize and agree that any mention of any suggestion or recommendation contained, or that you believe to be contained, in the Information or the Websites is to be taken at your own sole risk, with no liability on the Company or any Company Person’s part.
Errors and Omissions
The Information and the Websites may contain inaccuracies or typographical errors. The Company is not responsible for the views, opinions, or accuracy of facts referenced on or through the Information or the Websites, or of those of any other individual or company affiliated with the Company or any Company Person in any way. The Company is not responsible for the accuracy of the Information or the Websites, or for any errors or omissions that may occur in connection therewith.
The Company does not guarantee that your access to the Information and the Websites will not be suspended or restricted from time to time, including (without limitation) to allow for repairs, maintenance or updates, as a result of third-party denial-of-service or other attacks, or through circumstances outside the Company’s reasonable control. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should any Information or the Websites become unavailable or should access to the them becomes slow or incomplete for any reason, such as (without limitations) system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the Information or the Websites inaccessible to you.
References or links in the Information and the Websites to the information, opinions, advice, programs, products or services of any other individual, business or entity do not constitute a formal endorsement by the Company of such other person. The Company is not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any other person, business or entity that may be linked or referenced in my Websites. Conversely, should the Information or a Websites link appear in any other individual’s, business’s or entity’s website, program, product or services, such appearance does not constitute the Company’s endorsement of them, their business or their website.
The Company does not currently promote, affiliate with, or partner with other individuals or businesses whose Information or Websites align with the Company’s.
This Agreement requires the use of arbitration, rather than a trial by jury or a bench trial, to resolve disputes arising under or in connection with this Agreement, the Information and the Websites. This may limit the remedies available to you in the event of a dispute. You fully understand and agree that by accessing or using the Information and the Websites (including, without limitation, by enrolling in, purchasing and/or using any of the Information) that you are thereby voluntarily waiving certain legal rights.
INTELLECTUAL PROPERTY RIGHTS
Our Limited License to You. The Company’s Information and the Websites are the property of the Company and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
The content of the Information and the Websites is solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of the Information or Websites or any other material or aspects of materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of this Agreement. If you purchase certain of our Information from the Company (such purchased Information, “Programs, Products or Services”), you will be considered our licensee (“Licensee”) with respect to such Programs, Products or Services. For the avoidance of doubt, all Information obtained through us (whether or not Programs, Products or Services) is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use the Information or the Websites contents in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
You are being granted a limited license to access or use the Information and the Websites with permission and restrictions. This means that when you purchase Programs, Products or Services from the Websites or otherwise, you are purchasing the limited right to use such Information in the form that is provided by us to you with certain conditions as specified in this Agreement.
You are permitted to access and use the Information and Websites as follows:
You may download and/or print Information for your own personal use.
However, you are not permitted to share, sell, reprint or republish any other of our Information, including handouts, for resale or mass reproduction purposes for your own business use.
Any trademarks, taglines, and logos displayed on the Information are trademarks belonging to us. All trademarks reproduced in this Websites, which are not the property of, or licensed to us, are acknowledged on the Websites. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Information titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Information You Are Prohibited from Sharing with Others. As a Licensee, you understand and acknowledge that the Information or Websites have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use.
When you access or enroll in Information (including, without limitation, purchasing Programs, Products or Services) or the Websites, you agree that you are clearly and expressly prohibited from doing the following:
You will not copy, share or steal the Information or Websites, or any parts of them.
You will not in any way use, copy, adapt or represent any of the Information or Websites in any way as if they are yours or created by you.
You will not engage in improper and/or unauthorized use of the Information or Websites. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Information or any other information accessed or purchased through our Websites, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.
You will not duplicate, share, trade, sell, or otherwise distribute the Information or Websites to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Information for their own personal use or business/commercial use. This means you cannot share or sell or any part of the Information or Websites to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use such Information.
You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using the Information or the Websites for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of other Information not made freely available to you or purchased by you.
You will not reprint or republish any part of the Information or the Websites for publication or compilation into your own products, programs, services or Information for your own personal use or business/commercial use or in any way that earns you money.
You will not use the Information or Websites in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
You may not engage in improper and/or unauthorized use of our Information or the Websites. Unless otherwise explicitly authorized in this Agreement, improper and/or unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any other person in a way that earns them money, any Information or any other information accessed or purchased through the Websites or any other communications provided by us to you promoting or relating to the Information or the Websites.
You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Information or Websites as set forth in this Agreement is considered theft and/or infringement and we retain the right to prosecute it to the full extent of the law.
You agree and understand that prohibited use, improper and/or unauthorized use of the Information or the Websites may give rise to a civil claim for damages and/or be a criminal offense.
Limitations on Linking and Framing. You may establish a hypertext link to the Websites or Information so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in the Websites or Information and does not state or imply that we are have sponsored, endorsed or have ownership rights in the Websites. However, you may not frame or inline link our Information without our written permission.
Your License to Us. By posting or submitting any material on or through our Information or Websites, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and that you are at least 18 years old.
When you submit to us or post any comment, photo, image, video or any other submission for use on or through the Information or the Websites, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Information or the Websites. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Programs, Products, Services and/or Information at any time for any reason whatsoever.
Media Release. By using our Information and accessing our Websites, including our any social media profile or community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your use or access of the Information or the Websites in our current or future programs, products or services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
Request for Permission to Use Information
Any request for written permission to use our Information, in whole or in part, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use it by completing the “Contact Us” form on this Websites, or by sending an e-mail to email@example.com.
You may not use Information or Websites, in whole or in part, in any way that is contrary to this Agreement unless we have given you specific written permission to do so.
If you are granted permission by us, you agree to use the specific Information that we allow and ONLY in the ways for which we have given you our written permission.
If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Information from us, and you consent to immediately stop using such Information and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Information and the Websites.
Security. When you apply for, enroll in, purchase or use our Information or Websites, we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information or Confidential Information.
By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information. We, in turn, will use commercially reasonable efforts to keep your Confidential Information safe, secure and confidential. When you submit Confidential Information via a program, product or service provided by the Company or Information, we take commercially reasonable measures to protect the security of your Confidential Information both online and offline. However, the Company expressly does not warrant or guarantee the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore submitting Confidential Information, data or other information will be done solely at your own risk.
Personal Responsibility and Assumption of Risk
As a Licensee or a User, you agree that you are using your own judgment in using the Information or Websites and you agree that you are doing so at your own risk. The Information or Websites are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to the Information or Websites. The Information or Websites are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of the Information or Websites.
We take commercially reasonable precautions to protect the Information or Websites. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of the Information or Websites or the contributions or information transmitted to us on or through the Websites or the Information or Websites. Submitting contributions or information on our through the Information or Websites is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of the Information or Websites and you agree that you are assuming such risks.
Your Conduct. You are agreeing that you will not use the Information or Websites in any way that causes or is likely to cause them, or access to them, to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from you to this Websites, any Information or us.
You must use the Information or Websites for lawful purposes only. You agree that you will not use the Information or Websites in any of the following ways:
For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity;
To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others;
To send, negatively impact, or infect the Information or Websites with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not;
To cause annoyance, inconvenience or needless anxiety;
To impersonate any third party or otherwise mislead as to the origin of your contributions; or
To reproduce, duplicate, copy or resell any part of the Information or Websites in a way that is not in compliance with this Agreement or any other agreement with us.
Communication Guidelines. If you have a question or concern about the Information or the Webpage, you may send an e-mail to firstname.lastname@example.org and we will do our best to reply to your question or concern promptly.
Purchases and Online Commerce. If paying for any Programs, Products or Services by debit card, or credit card or other merchant account such as PayPal, you give us permission to automatically charge your credit or debit card as payment for such Programs, Products or Services without any additional authorization, for which you will receive an electronic receipt. For one-on-one sessions of any kind, payment is due in full a minimum of 24 hours prior to the session. For an ongoing program with recurring payments, if payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise such Programs, Products or Services will not continue, and we reserve the right to cease your access immediately and permanently. If you fail to make payment in a timely manner in accordance with this Agreement or voluntarily decide to withdraw from such Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Information purchased. All information obtained during your purchase or transaction for the Programs, Products or Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company. You agree to only purchase Programs, Products or Services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information. You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use Programs, Products or Services for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes. You agree that we may charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
Since we have a clear and explicit Refund Policy in this Agreement that you have agreed to prior to completing the purchase of any Programs, Products or Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Websites, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Websites and click on its information links or contact the Merchant directly. You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of the Websites or its Information.
Confidentiality and Privacy.
What We Do With Confidential Information. We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) for internal record keeping, (2) to improve our Programs, Products or Services or Information, (3) to periodically send promotions about new Information or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customize the respective Information you purchase or use according to your interests and/or (6) for support or communication related to your Program, Product, Service or Information.
Storage. All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver e-mail or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff and affiliates, and those who manage the data management system may have access to your Confidential Information.
Viewing by Others. Note that whenever you make your Confidential Information or Other Information available for viewing by others such as through our Programs, Products, Services, or Information, the Websites or social media, the Confidential Information or Other Information that you share also can be seen, collected and used others, and therefore, we cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.
Passwords. To use certain features of our Programs, Products or Services or other Information, you may be issued a group username and password or a unique individual username and password, which you will receive through your registration and/or purchase process. You may be able to change to username and/or password of your choosing. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Programs, Products or Services, other Information, Websites, private forum, Facebook group or any other related communication. It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By using our Programs, Products or Services, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately inactivate your account. We will use commercially reasonable efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.
INDEMNIFICATION, RELEASE OF CLAIMS, LIMITED LIABILITY AND DISPUTE RESOLUTION
You agree at all times to defend, indemnify and hold harmless the Company, as well as any and all Company Persons, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to the Information or Websites, or your breach of any obligation, warranty, representation or covenant set forth in this Agreement or in any other agreement with us.
Release of Claims
By accessing or using this Websites or the Information, you hereby fully and completely hold harmless, indemnify and release the Company and each of the Company Persons, and anyone otherwise affiliated with the Company’s business, from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to the Information or the Websites.
Limitation of Liability
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on the Websites or in connection with the Information. We do not assume liability due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in providing any Information or any contents of the Websites or in any way or in any location. In the event that you use the Information or Websites or any other information provided by us or affiliated with us, we assume no responsibility.
The Company is not responsible for any damages, injury or economic loss arising from the use of the content of the Information provided by the Company or by any third party on the Websites.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY COMPANY PERSON BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR INFORMATION, INCLUDING BUT NOT LIMITED TO NEGLIGENCE. ADDITIONALLY, COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF $100 OR A REFUND OF ALL PROGRAMS, PRODUCTS OR SERVICES PUCHASED BY YOU IN THE LAST TWELVE (12) MONTHS.
It is hoped that should we ever have any differences, we could be able to work them out amicably. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with by JAMS’ current Comprehensive Arbitration Rules www.adr.org and Procedures and in accordance with the Expedited Procedures in those rules or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com.. Prior to seeking arbitration, you must send an e-mail to us and include all of your reasons for dissatisfaction with your Program. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. You also agree that should arbitration take place, it will be held in Palm Beach County, Florida, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator. You further understand and agree now that the only remedy that can be awarded to you through arbitration is $100 or the full refund of your payments made to the Company for Programs, Products or Services in the last twelve (12) months. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction. You also agree that this document shall be construed with the laws of the State of Florida.
Nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests. You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Florida, for purposes of any such action by us.
By using or accessing the Information or Websites, you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to the Company referenced above or you thereby waive the right to seek dispute resolution by arbitration or to take any other legal action.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage the Company, any Company Person, or any of its programs, products or services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
If any terms of these foregoing arbitration terms are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.
SEVERABILITY; ASSIGNMENT; ENTIRE AGREEMENT, HEADINGS
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect. This Agreement shall bind and inure to the benefit of your and our respective successors and assigns. This Agreement is freely assignable by us, but any transfer, assignment or delegation by you, without our prior written consent, is invalid. This Agreement constitutes the entire agreement between the parties with respect to its relationship and supersede all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties. The headings of this Agreement are provided for convenience only and shall not affect its construction or interpretation.
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