Terms Of Service

  1. AGREEMENT TO TERMS
    These Terms of Use constitute a legally binding agreement made between you,
    whether personally or on behalf of an entity (“you”) and BrowardHeadlightRestoration
    (“Company,” “we,” “us,” or “our”), concerning your access to and use of the
    browardheadlightrestoration.com website as well as any other media form, media
    channel, mobile website or mobile application related, linked, or otherwise connected
    thereto (collectively, the “Site”). We are registered in Florida, United States. You
    agree that by accessing the Site, you have read, understood, and agreed to be
    bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE
    TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
    SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
    Supplemental terms and conditions or documents that may be posted on the Site
    from time to time are hereby expressly incorporated herein by reference. We reserve
    the right, in our sole discretion, to make changes or modifications to these Terms of
    Use at any time and for any reason. We will alert you about any changes by updating
    the “Last updated” date of these Terms of Use, and you waive any right to receive
    specific notice of each such change. Please ensure that you check the applicable
    Terms every time you use our Site so that you understand which Terms apply. You
    will be subject to, and will be deemed to have been made aware of and to have
    accepted, the changes in any revised Terms of Use by your continued use of the Site
    after the date such revised Terms of Use are posted.
    The information provided on the Site is not intended for distribution to or use by any
    person or entity in any jurisdiction or country where such distribution or use would be
    contrary to law or regulation or which would subject us to any registration
    requirement within such jurisdiction or country. Accordingly, those persons who
    choose to access the Site from other locations do so on their own initiative and are
    solely responsible for compliance with local laws, if and to the extent local laws are
    applicable.
    The Site is not tailored to comply with industry-specific regulations (Health Insurance
    Portability and Accountability Act (HIPAA), Federal Information Security Management
    Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may
    not use this Site. You may not use the Site in a way that would violate the Gramm-
    Leach-Bliley Act (GLBA).
    The Site is intended for users who are at least 18 years old. Persons under the age
    of 18 are not permitted to use or register for the Site.

  1. INTELLECTUAL PROPERTY RIGHTS
    Unless otherwise indicated, the Site is our proprietary
    property and all source code,
    databases, functionality, software, website
    designs, audio, video, text, photographs,
    and graphics on the Site
    (collectively, the “Content”) and the trademarks, service
    marks, and logos
    contained therein (the “Marks”) are owned or controlled by us or
    licensed to
    us, and are protected by copyright and trademark laws and various other
    intellectual property rights and unfair competition laws of the United States,
    international copyright laws, and international conventions. The Content and the
    Marks are provided on the
    Site “AS IS” for your information and personal use only.
    Except as expressly provided in these Terms
    of Use, no part of the Site and no
    Content or Marks may be copied, reproduced,
    aggregated, republished, uploaded,
    posted, publicly displayed, encoded,
    translated, transmitted, distributed, sold,
    licensed, or otherwise exploited
    for any commercial purpose whatsoever, without our
    express prior written
    permission.
    Provided that you are eligible to use the Site, you are
    granted a limited license to
    access and use the Site and to download or print a
    copy of any portion of the Content
    to which you have properly gained access
    solely for your personal, non-commercial
    use. We reserve all rights not
    expressly granted to you in and to the Site, the Content
    and the Marks.

  1. USER REPRESENTATIONS
    By using the Site, you represent and warrant that: (1) you have the legal capacity
    and you agree to comply with these Terms of Use; (2) you are not a minor in the
    jurisdiction in which you reside; (3) you will not access the Site through automated or
    non-human means, whether through a bot, script, or otherwise; (4) you will not use
    the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not
    violate any applicable law or regulation.
    If you provide any information that is untrue, inaccurate, not current, or incomplete,
    we have the right to suspend or terminate your account and refuse any and all
    current or future use of the Site (or any portion thereof).

  1. PROHIBITED ACTIVITIES
    You may not access or use the Site for any purpose other than that for which we
    make the Site available. The Site may not be used in connection with any
    commercial endeavors except those that are specifically endorsed or approved by
    us.
    As a user of the Site, you agree not to:
    Systematically retrieve data or other content from the Site to create or compile,
    directly or indirectly, a collection, compilation, database, or directory without
    written permission from us.
    Trick, defraud, or mislead us and other users, especially in any attempt to learn
    sensitive account information such as user passwords.
    Circumvent, disable, or otherwise interfere with security-related features of the
    Site, including features that prevent or restrict the use or copying of any
    Content or enforce limitations on the use of the Site and/or the Content
    contained therein.
    Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
    Use any information obtained from the Site in order to harass, abuse, or harm
    another person.
    Make improper use of our support services or submit false reports of abuse or
    misconduct.
    Use the Site in a manner inconsistent with any applicable laws or regulations.
    Engage in unauthorized framing of or linking to the Site.
    Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,
    or other material, including excessive use of capital letters and spamming
    (continuous posting of repetitive text), that interferes with any party’s
    uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,
    alters, or interferes with the use, features, functions, operation, or maintenance
    of the Site.
    Engage in any automated use of the system, such as using scripts to send
    comments or messages, or using any data mining, robots, or similar data
    gathering and extraction tools.
    Delete the copyright or other proprietary rights notice from any Content.
    Attempt to impersonate another user or person or use the username of
    another user.
    Upload or transmit (or attempt to upload or to transmit) any material that acts
    as a passive or active information collection or transmission mechanism,
    including without limitation, clear graphics interchange formats (“gifs”), 1×1
    pixels, web bugs, cookies, or other similar devices (sometimes referred to as
    “spyware” or “passive collection mechanisms” or “pcms”).
    Interfere with, disrupt, or create an undue burden on the Site or the networks
    or services connected to the Site.
    Harass, annoy, intimidate, or threaten any of our employees or agents
    engaged in providing any portion of the Site to you.
    Attempt to bypass any measures of the Site designed to prevent or restrict
    access to the Site, or any portion of the Site.
    Copy or adapt the Site’s software, including but not limited to Flash, PHP,
    HTML, JavaScript, or other code.
    Except as permitted by applicable law, decipher, decompile, disassemble, or
    reverse engineer any of the software comprising or in any way making up a
    part of the Site.
    Except as may be the result of standard search engine or Internet browser
    usage, use, launch, develop, or distribute any automated system, including
    without limitation, any spider, robot, cheat utility, scraper, or offline reader that
    accesses the Site, or using or launching any unauthorized script or other
    software.
    Use a buying agent or purchasing agent to make purchases on the Site.
    Make any unauthorized use of the Site, including collecting usernames and/or
    email addresses of users by electronic or other means for the purpose of
    sending unsolicited email, or creating user accounts by automated means or
    under false pretenses.
    Use the Site as part of any effort to compete with us or otherwise use the Site
    and/or the Content for any revenue-generating endeavor or commercial
    enterprise.
    Use the Site to advertise or offer to sell goods and services.

  1. USER GENERATED CONTRIBUTIONS
    The Site does not offer users to submit or post content. We may provide you with the
    opportunity to create, submit, post, display, transmit, perform, publish, distribute, or
    broadcast content and materials to us or on the Site, including but not limited to text,
    writings, video, audio, photographs, graphics, comments, suggestions, or personal
    information or other material (collectively, “Contributions”). Contributions may be
    viewable by other users of the Site and through third-party websites. As such, any
    Contributions you transmit may be treated in accordance with the Site Privacy Policy.
    When you create or make available any Contributions, you thereby represent and
    warrant that:
    The creation, distribution, transmission, public display, or performance, and the
    accessing, downloading, or copying of your Contributions do not and will not
    infringe the proprietary rights, including but not limited to the copyright, patent,
    trademark, trade secret, or moral rights of any third party.
    You are the creator and owner of or have the necessary licenses, rights,
    consents, releases, and permissions to use and to authorize us, the Site, and
    other users of the Site to use your Contributions in any manner contemplated
    by the Site and these Terms of Use.
    You have the written consent, release, and/or permission of each and every
    identifiable individual person in your Contributions to use the name or likeness
    of each and every such identifiable individual person to enable inclusion and
    use of your Contributions in any manner contemplated by the Site and these
    Terms of Use.
    Your Contributions are not false, inaccurate, or misleading.
    Your Contributions are not unsolicited or unauthorized advertising, promotional
    materials, pyramid schemes, chain letters, spam, mass mailings, or other
    forms of solicitation.
    Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
    libelous, slanderous, or otherwise objectionable (as determined by us).
    Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
    anyone.
    Your Contributions are not used to harass or threaten (in the legal sense of
    those terms) any other person and to promote violence against a specific
    person or class of people.
    Your Contributions do not violate any applicable law, regulation, or rule.
    Your Contributions do not violate the privacy or publicity rights of any third
    party.
    Your Contributions do not violate any applicable law concerning child
    pornography, or otherwise intended to protect the health or well-being of
    minors.
    Your Contributions do not include any offensive comments that are connected
    to race, national origin, gender, sexual preference, or physical handicap.
    Your Contributions do not otherwise violate, or link to material that violates, any
    provision of these Terms of Use, or any applicable law or regulation.
    Any use of the Site in violation of the foregoing violates these Terms of Use and may
    result in, among other things, termination or suspension of your rights to use the Site.

  1. CONTRIBUTION LICENSE
    You and the Site agree that we may access, store, process, and use any information
    and personal data that you provide following the terms of the Privacy Policy and your
    choices (including settings).
    By submitting suggestions or other feedback regarding the Site, you agree that we
    can use and share such feedback for any purpose without compensation to you.
    We do not assert any ownership over your Contributions. You retain full ownership of
    all of your Contributions and any intellectual property rights or other proprietary rights
    associated with your Contributions. We are not liable for any statements or
    representations in your Contributions provided by you in any area on the Site. You
    are solely responsible for your Contributions to the Site and you expressly agree to
    exonerate us from any and all responsibility and to refrain from any legal action
    against us regarding your Contributions.

  1. GUIDELINES FOR REVIEWS
    We may provide you areas on the Site to leave reviews or ratings. When posting a
    review, you must comply with the following criteria: (1) you should have firsthand
    experience with the person/entity being reviewed; (2) your reviews should not contain
    offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews
    should not contain discriminatory references based on religion, race, gender, national
    origin, age, marital status, sexual orientation, or disability; (4) your reviews should not
    contain references to illegal activity; (5) you should not be affiliated with competitors if
    posting negative reviews; (6) you should not make any conclusions as to the legality
    of conduct; (7) you may not post any false or misleading statements; and (8) you may
    not organize a campaign encouraging others to post reviews, whether positive or
    negative.
    We may accept, reject, or remove reviews in our sole discretion. We have absolutely
    no obligation to screen reviews or to delete reviews, even if anyone considers
    reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not
    necessarily represent our opinions or the views of any of our affiliates or partners. We
    do not assume liability for any review or for any claims, liabilities, or losses resulting
    from any review. By posting a review, you hereby grant to us a perpetual, nonexclusive,
    worldwide, royalty-free, fully-paid, assignable, and sublicensable right and
    license to reproduce, modify, translate, transmit by any means, display, perform,
    and/or distribute all content relating to reviews.

  1. MOBILE APPLICATION LICENSE
    Use
    License
    If you access the
    Site via a mobile application, then we grant you a revocable, nonexclusive,
    non-transferable, limited right to install and use the mobile application on
    wireless electronic devices owned or controlled by you, and to access and use
    the
    mobile application on such devices strictly in accordance with the terms
    and
    conditions of this mobile application license contained in these Terms of Use.
    You
    shall not: (1) except as permitted by applicable law, decompile, reverse engineer,
    disassemble, attempt to derive
    the source code of, or decrypt the application; (2)
    make any modification,
    adaptation, improvement, enhancement, translation, or
    derivative work from the
    application; (3) violate any applicable laws, rules, or
    regulations in
    connection with your access or use of the application; (4) remove, alter,
    or
    obscure any proprietary notice (including any notice of copyright or trademark)
    posted by us or the licensors of the application; (5) use the application for
    any
    revenue generating endeavor, commercial enterprise, or other purpose for
    which it is
    not designed or intended; (6) make the application available over a
    network or other
    environment permitting access or use by multiple devices or
    users at the same time;
    (7) use the application for creating a product,
    service, or software that is, directly or
    indirectly, competitive with or in
    any way a substitute for the application; (8) use the
    application to send
    automated queries to any website or to send any unsolicited
    commercial e-mail;
    or (9) use any proprietary information or any of our interfaces or
    our other
    intellectual property in the design, development, manufacture, licensing, or
    distribution of any applications, accessories, or devices for use with the
    application.
    Apple and Android Devices
    The following terms apply when you use a mobile application obtained from either the
    Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the
    license granted to you for our mobile application is limited to a non-transferable
    license to use the application on a device that utilizes the Apple iOS or Android
    operating systems, as applicable, and in accordance with the usage rules set forth in
    the applicable App Distributor’s terms of service; (2) we are responsible for providing
    any maintenance and support services with respect to the mobile application as
    specified in the terms and conditions of this mobile application license contained in
    these Terms of Use or as otherwise required under applicable law, and you
    acknowledge that each App Distributor has no obligation whatsoever to furnish any
    maintenance and support services with respect to the mobile application; (3) in the
    event of any failure of the mobile application to conform to any applicable warranty,
    you may notify the applicable App Distributor, and the App Distributor, in accordance
    with its terms and policies, may refund the purchase price, if any, paid for the mobile
    application, and to the maximum extent permitted by applicable law, the App
    Distributor will have no other warranty obligation whatsoever with respect to the
    mobile application; (4) you represent and warrant that (i) you are not located in a
    country that is subject to a U.S. government embargo, or that has been designated
    by the U.S. government as a “terrorist supporting” country and (ii) you are not listed
    on any U.S. government list of prohibited or restricted parties; (5) you must comply
    with applicable third-party terms of agreement when using the mobile application,
    e.g., if you have a VoIP application, then you must not be in violation of their wireless
    data service agreement when using the mobile application; and (6) you acknowledge
    and agree that the App Distributors are third-party beneficiaries of the terms and
    conditions in this mobile application license contained in these Terms of Use, and
    that each App Distributor will have the right (and will be deemed to have accepted
    the right) to enforce the terms and conditions in this mobile application license
    contained in these Terms of Use against you as a third-party beneficiary thereof.

  1. SUBMISSIONS
    You acknowledge and agree that any questions, comments, suggestions, ideas,
    feedback, or other information regarding the Site (“Submissions”) provided by you to
    us are non-confidential and shall become our sole property. We shall own exclusive
    rights, including all intellectual property rights, and shall be entitled to the unrestricted
    use and dissemination of these Submissions for any lawful purpose, commercial or
    otherwise, without acknowledgment or compensation to you. You hereby waive all
    moral rights to any such Submissions, and you hereby warrant that any such
    Submissions are original with you or that you have the right to submit such
    Submissions. You agree there shall be no recourse against us for any alleged or
    actual infringement or misappropriation of any proprietary right in your Submissions.

  1. SITE MANAGEMENT
    We reserve the
    right, but not the obligation, to: (1) monitor the Site for violations of
    these Terms of Use; (2) take appropriate legal action against anyone who, in
    our sole
    discretion, violates the law or these Terms of Use, including without
    limitation,
    reporting such user to law enforcement authorities; (3) in our sole
    discretion and
    without limitation, refuse, restrict access to, limit the
    availability of, or disable (to the
    extent technologically feasible) any of
    your Contributions or any portion thereof; (4) in
    our sole discretion and
    without limitation, notice, or liability, to remove from the Site or
    otherwise
    disable all files and content that are excessive in size or are in any way
    burdensome to our systems; and (5) otherwise manage the Site in a manner
    designed to protect our rights and property and to facilitate the proper
    functioning of
    the Site.

  1. PRIVACY POLICY
    We care about data privacy and security. By using the Site, you agree to be bound by
    our Privacy Policy posted on the Site, which is incorporated into these Terms of Use.
    Please be advised the Site is hosted in the United States. If you access the Site from
    any other region of the world with laws or other requirements governing personal
    data collection, use, or disclosure that differ from applicable laws in the United
    States, then through your continued use of the Site, you are transferring your data to
    the United States, and you agree to have your data transferred to and processed in
    the United States

  1. TERM AND TERMINATION
    These Terms of Use shall remain in full force and effect while you use the Site.
    WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE
    RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE
    OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING
    BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR
    FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
    REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS
    OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE
    YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR
    INFORMATION THAT YOU POSTED AT ANY TIME,
    WITHOUT WARNING, IN OUR
    SOLE DISCRETION.
    If we terminate
    or suspend your account for any reason, you are prohibited from
    registering and
    creating a new account under your name, a fake or borrowed name,
    or the name of
    any third party, even if you may be acting on behalf of the third party.
    In
    addition to terminating or suspending your account, we reserve the right to
    take
    appropriate legal action, including without limitation pursuing civil,
    criminal, and
    injunctive redress.

  1. MODIFICATIONS AND INTERRUPTIONS
    We reserve the right to change, modify, or remove the contents of the Site at any
    time or for any reason at our sole discretion without notice. However, we have no
    obligation to update any information on our Site. We also reserve the right to modify
    or discontinue all or part of the Site without notice at any time. We will not be liable to
    you or any third party for any modification, price change, suspension, or
    discontinuance of the Site.
    We cannot guarantee
    the Site will be available at all times. We may experience
    hardware, software,
    or other problems or need to perform maintenance related to the
    Site, resulting
    in interruptions, delays, or errors. We
    reserve the right to change,
    revise, update, suspend, discontinue, or otherwise
    modify the Site at any time or for
    any reason without notice to you. You agree that we have no liability
    whatsoever for
    any loss, damage, or inconvenience caused by your inability to
    access or use the
    Site during any downtime or discontinuance of the Site. Nothing in these Terms of
    Use will be
    construed to obligate us to maintain and support the Site or to supply any
    corrections, updates, or releases in connection therewith.

  1. GOVERNING LAW
    These Terms of Use and your use of the Site are governed by and construed in
    accordance with the laws of the State of Florida applicable to agreements made and
    to be entirely performed within the State of Florida, without regard to its conflict of law
    principles.

  1. DISPUTE RESOLUTION
    Binding Arbitration
    If the Parties are unable to resolve a Dispute through informal negotiations, the
    Dispute (except those Disputes expressly excluded below) will be finally and
    exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT
    THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND
    HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the
    Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and,
    where appropriate, the AAA’s Supplementary Procedures for Consumer Related
    Disputes (“AAA Consumer Rules”), both of which are available at the AAA
    website: www.adr.org. Your arbitration fees and your share of arbitrator compensation
    shall be governed by the AAA Consumer Rules and, where appropriate, limited by
    the AAA Consumer Rules. If such costs are determined by the arbitrator to be
    excessive, we will pay all arbitration fees and expenses. The arbitration may be
    conducted in person, through the submission of documents, by phone, or online. The
    arbitrator will make a decision in writing, but need not provide a statement of reasons
    unless requested by either Party. The arbitrator must follow applicable law, and any
    award may be challenged if the arbitrator fails to do so. Except where otherwise
    required by the applicable AAA rules or applicable law, the arbitration will take place
    in broward, Florida. Except as otherwise provided herein, the Parties may litigate in
    court to compel arbitration, stay proceedings pending arbitration, or to confirm,
    modify, vacate, or enter judgment on the award entered by the arbitrator.
    If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall
    be commenced or prosecuted in the state and federal courts located in broward,
    Florida, and the Parties hereby consent to, and waive all defenses of lack of personal
    jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such
    state and federal courts. Application of the United Nations Convention on Contracts
    for the International Sale of Goods and the Uniform Computer Information
    Transaction Act (UCITA) are excluded from these Terms of Use.
    In no event shall any Dispute brought by either Party related in any way to the Site be
    commenced more than one (1) years after the cause of action arose. If this provision
    is found to be illegal or unenforceable, then neither Party will elect to arbitrate any
    Dispute falling within that portion of this provision found to be illegal or unenforceable
    and such Dispute shall be decided by a court of competent jurisdiction within the
    courts listed for jurisdiction above, and the Parties agree to submit to the personal
    jurisdiction of that court.
    Restrictions
    The Parties agree that any arbitration shall be limited to the Dispute between the
    Parties individually. To the full extent permitted by law, (a) no arbitration shall be
    joined with any other proceeding; (b) there is no right or authority for any Dispute to
    be arbitrated on a class-action basis or to utilize class action procedures; and (c)
    there is no right or authority for any Dispute to be brought in a purported
    representative capacity on behalf of the general public or any other persons.
    Exceptions to Arbitration
    The Parties agree that the following Disputes are not subject to the above provisions
    concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or
    concerning the validity of, any of the intellectual property rights of a Party; (b) any
    Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or
    unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be
    illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling
    within that portion of this provision found to be illegal or unenforceable and such
    Dispute shall be decided by a court of competent jurisdiction within the courts listed
    for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of
    that court.

  1. CORRECTIONS
    There may be
    information on the Site that contains typographical errors,
    inaccuracies, or
    omissions, including descriptions, pricing, availability, and various
    other
    information. We reserve the right to
    correct any errors, inaccuracies, or
    omissions and to change or update the
    information on the Site at any time, without
    prior notice.

  1. DISCLAIMER
    THE SITE IS PROVIDED
    ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
    AGREE
    THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE
    RISK. TO THE
    FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
    WARRANTIES, EXPRESS OR
    IMPLIED, IN CONNECTION WITH THE SITE AND
    YOUR USE THEREOF, INCLUDING, WITHOUT
    LIMITATION, THE IMPLIED
    WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
    PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
    REPRESENTATIONS ABOUT
    THE ACCURACY OR COMPLETENESS OF THE
    SITE’S CONTENT OR THE CONTENT OF ANY
    WEBSITES LINKED TO THE SITE
    AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
    FOR ANY (1)
    ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
    PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
    RESULTING FROM
    YOUR ACCESS TO AND USE OF THE SITE, (3) ANY
    UNAUTHORIZED ACCESS TO OR USE OF
    OUR SECURE SERVERS AND/OR
    ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
    INFORMATION
    STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
    TRANSMISSION
    TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN
    HORSES, OR THE LIKE WHICH
    MAY BE TRANSMITTED TO OR THROUGH THE
    SITE BY ANY THIRD PARTY, AND/OR (6) ANY
    ERRORS OR OMISSIONS IN ANY
    CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
    ANY KIND
    INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
    TRANSMITTED, OR
    OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT
    WARRANT, ENDORSE, GUARANTEE,
    OR ASSUME RESPONSIBILITY FOR ANY
    PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
    THIRD PARTY
    THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
    MOBILE
    APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,
    AND WE WILL NOT BE A
    PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
    MONITORING ANY TRANSACTION BETWEEN YOU
    AND ANY THIRD-PARTY
    PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
    PURCHASE OF A
    PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
    YOU
    SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
    APPROPRIATE.

  1. LIMITATIONS OF LIABILITY
    IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
    LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
    CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
    DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
    OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE
    BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. INDEMNIFICATION
    You agree to
    defend, indemnify, and hold us harmless, including our subsidiaries,
    affiliates, and all of our respective officers, agents, partners, and
    employees, from
    and against any loss, damage, liability, claim, or demand, including
    reasonable
    attorneys’ fees and expenses, made by any third party due to or
    arising out of: (1)
    use of the Site; (2) breach of these Terms of Use; (3) any breach of your
    representations and warranties set forth in these Terms of Use; (4) your violation of
    the rights of a third party, including but not limited to intellectual property rights; or (5)
    any overt harmful act toward any other user of the Site with whom you connected via
    the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to
    assume the exclusive defense and control of any matter for which you are required to
    indemnify us, and you agree to cooperate, at your expense, with our defense of such
    claims. We will use reasonable efforts to notify you of any such claim, action, or
    proceeding which is subject to this indemnification upon becoming aware of it.

  1. USER DATA
    We will maintain
    certain data that you transmit to the Site for the purpose of
    managing the
    performance of the Site, as well as data relating to your use of the Site.
    Although we perform regular routine backups
    of data, you are solely responsible for
    all data that you transmit or that
    relates to any activity you have undertaken using the
    Site. You agree
    that we shall have no liability to you for any loss or corruption of any
    such
    data, and you hereby waive any right of action against us arising from any such
    loss or corruption of such data.

  1. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,
    AND SIGNATURES
    Visiting the Site, sending us emails, and completing online forms constitute electronic
    communications. You consent to receive electronic communications, and you agree
    that all agreements, notices, disclosures, and other communications we provide to
    you electronically, via email and on the Site, satisfy any legal requirement that such
    communication be in writing. YOU HEREBY AGREE TO THE USE OF
    ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,
    AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
    TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You
    hereby waive any rights or requirements under any statutes, regulations, rules,
    ordinances, or other laws in any jurisdiction which require an original signature or
    delivery or retention of non-electronic records, or to payments or the granting of
    credits by any means other than electronic means.

  1. CALIFORNIA USERS AND RESIDENTS
    If any complaint
    with us is not satisfactorily resolved, you can contact the Complaint
    Assistance Unit of the Division of Consumer Services of the California
    Department of
    Consumer Affairs in writing at 1625 North Market Blvd., Suite N
    112, Sacramento,
    California 95834 or by telephone at (800) 952-5210 or (916)
    445-1254.

  1. MISCELLANEOUS
    These Terms of Use and any policies or operating rules posted by us on the Site or in
    respect to the Site constitute the entire agreement and understanding between you
    and us. Our failure to exercise or enforce any right or provision of these Terms of Use
    shall not operate as a waiver of such right or provision. These Terms of Use operate
    to the fullest extent permissible by law. We may assign any or all of our rights and
    obligations to others at any time. We shall not be responsible or liable for any loss,
    damage, delay, or failure to act caused by any cause beyond our reasonable control.
    If any provision or part of a provision of these Terms of Use is determined to be
    unlawful, void, or unenforceable, that provision or part of the provision is deemed
    severable from these Terms of Use and does not affect the validity and enforceability
    of any remaining provisions. There is no joint venture, partnership, employment or
    agency relationship created between you and us as a result of these Terms of Use or
    use of the Site. You agree that these Terms of Use will not be construed against us
    by virtue of having drafted them. You hereby waive any and all defenses you may
    have based on the electronic form of these Terms of Use and the lack of signing by
    the parties hereto to execute these Terms of Use.

  1. CONTACT US
    In order to resolve a complaint regarding the Site or to receive further information
    regarding use of the Site, please use our contact us form.

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