Terms and Conditions

I. LAST MODIFIED ON December 10, 2023

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THEY DETERMINE THE LEGALLY OBLIGATING TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF THE WEBSITE AND ITS PRODUCTS AND SERVICES. A WAIVER OF CLASS ACTIONS AND A BINDING ARBITRATION ACCORD ARE INCLUDED INSEMINATION TERMS. YOU HAVE YOUR LEGAL RIGHTS AFFECTED. DID YOU READ THEM?

II. Introduction

Welcome! Having reached this page, you are on the legaladviceworks.org website (“Company” or “we,” “our” or “us”). Your use of legaladviceworks.org (including, but not limited to, the mobile and online versions of our sites) is governed by these Terms and Conditions (“Terms”). Additionally, they govern your use of all features, applications, content, downloads, and other services that we provide via the sites and/or that link to these Terms (collectively referred to as the “Site”). You agree to abide by and be bound by these Terms and all applicable laws and regulations by utilizing the Site. The terms “you” and “your” as used in these terms pertain to every consumer or visitor to the site.

It is your responsibility to review these terms periodically. Please do not utilize this site if you find these terms objectionable at any time or if you do not agree to them. Company would be unable to provide you with access to the Site in the absence of the conditions outlined in these Terms, including your grants and waivers of rights, the limitations on our liability, your indemnification of us, and the arbitration of certain disputes.

There are certain situations in which your use of the Site or a service or product offered through the Site will be governed by additional or different terms and conditions than those specified in these Terms and any separate guidelines, regulations, or terms of sale that supplement or differ from them (collectively referred to as “Additional Terms”). Unless the Additional Terms expressly indicate otherwise, in the event of a conflict between these Terms and any Additional Terms, the Additional Terms shall take precedence.

YOU CERTIFY THAT, BY USING THE WEBSITE AND ITS SERVICES, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND ARE A MINIMUM OF EIGHTEEN (18) YEARS OLD.

Terms and Conditions

It is important that you thoroughly review and comprehend each of these terms before utilizing the website.

1. PRIVACY POLICY

By selecting this link, a comprehensive statement of the site’s current privacy policy can be accessed. By reference, the Site’s Privacy Statement is explicitly incorporated into this Agreement. You may be required to provide personal information through the use of the site via a questionnaire, application, form, or other comparable document or service. The collection of this information will occur in adherence to our Privacy Policy.

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

A. Content. The website comprises an assortment of content, including but not limited to the following: (i) materials and other items pertaining to the organization, its products and services, and comparable items from licensors and other third parties; (ii) posts, data, text, information, articles, reviews, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, and the “look and feel” of the website

B. Ownership. The Content and the Site (including all versions past, present, and future) are owned or under the control of the Company, our licensors, and specific third parties. The entirety of the right, title, and interest in the Content accessible via the Site is safeguarded to the greatest extent possible by U.S. and international copyright, trademark, trade dress, patent, and other intellectual property and unfair competition legislation. These assets are the property of the Company, our licensors, or specific other third parties. The copyright to the content on the Site, including its selection, compilation, assemblage, arrangement, and enhancement, is owned by the Company.

C. Limited License. The Company grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content on a personal computer, mobile phone, or other electronic device, provided that you comply strictly with these Terms and the Additional Terms. Source and object code in raw form or otherwise, except as made available to access and use to enable display and functionality, shall not be included. The limited license stated above shall: (i) not grant you any ownership or other intellectual property interest in the Content; and (ii) the Company reserves the right to promptly suspend or terminate the License at any time and for any reason, without prior notice or liability. On occasion, we may grant you additional access to and utilization of the Content, on the condition that you abide by specific Additional Terms.

D. Rights of Others. You must respect the intellectual property and other rights of the Company and others when using the Site. Any unauthorized use of the Content in violation of applicable laws, including those governing copyright, trademark, privacy, publicity, and communications, could subject you to personal liability, including possible criminal liability.

3. TEXT MESSAGES

These Terms ONLY APPLIES TO text messaging OPT INS:

LegalAdviceWorks text messaging program – our SMS campaign will inform our subscribers about updates, changes, and new Legal Consulting products. They also receive updates on any changes to any cases.

  • Message frequency – message frequency varies.
  • Reply HELP for information from any message
  • To unsubscribe from any messages, simply reply with STOP to end.
  • Carriers are not liable for delayed or undelivered messages.
  • Message and data rates may apply.
  • Mobile subscriber’s phone number will NEVER be shared or sold to third parties.

4. SITE AND CONTENT USE RESTRICTIONS

A. Site Use Restrictions. You acknowledge and agree that the following are prohibited: (i) using the Site for political or commercial gain, including but not limited to soliciting funds, advertising, selling products, or collecting product prices; (ii) employing any meta tags or other “hidden text” that utilizes the Trademarks; (iii) Participate in any actions via or in relation to the Website that are illegal, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, abusive, or that violate the rights of a third party, or are otherwise objectionable to the Company, with the intent to cause or attempt to cause harm to any individuals or entities. (iv) Conduct any of the following activities on the Site: (iv) Decompile, disassemble, reverse engineer, or modify source code, object code, software, or processes that are accessible via any portion of the Site; (v) Participate in any conduct that hinders a user’s ability to access the Site, disrupts its normal operation, or causes harm to the Site, Company, or other users of the Site; (vi) Intimidate or bypass any security feature of the Site or any feature that

B. Content Use Restrictions. By using the Site, you agree to the following conditions: (i) refrain from monitoring, gathering, copying, or distributing Content on the Site through automated processes or manual methods, excluding standard search engine activity or the use of a standard browser; (ii) avoid framing or applying framing techniques to enclose Site Content, encompassing images, text, or page layout; (iii) maintain all trademark, copyright, and other intellectual property notices present in the Content; (iv) refrain from using Content in a manner that implies an unauthorized association with our products, services, or brands, as well as those of our licensors; (v) abstain from making any modifications to the Content; (vi) avoid copying, modifying, reproducing, archiving, selling, leasing, renting, exchanging, creating derivative works, publishing by hard copy or electronic means, publicly performing, displaying, disseminating, distributing, broadcasting, retransmitting, circulating, or transferring Content to any third party or on any third-party application or website, or using or exploiting such Content in any way except as expressly permitted by these Terms, Additional Terms, or with the prior written consent of a Company officer or, for Content from a licensor, the content owner; and (vii) refrain from inserting any code or product to manipulate Content in any way that negatively impacts user experience.

C. Availability of Site and Content. Without prior notice or liability, the Company may promptly suspend or terminate the availability of the Site and Content (and any of their elements and features) to anyone, in whole or in part, for any reason, at its sole discretion.

D. Reservation of All Rights Not Granted as to Content and Site. These Terms, in addition to any Additional Terms, grant access to and use of the Site, as well as restricted, limited rights to the Content. Under any legal theory, no right or license may be construed as such through implication, estoppel, industry custom, or any other means. All rights not explicitly granted to you by the Company, its licensors, or other third parties are reserved. Utilizing the Site or any of its Content for an unauthorized purpose is strictly forbidden.

5. TERMS APPLICABLE TO PURCHASES

A. Generally. In order to engage in any transaction involving the Company’s online store, you must be a minimum of eighteen (18) years old, or the age of majority as it is regulated in your jurisdiction of domicile. You are required to provide us with a valid credit card number and associated payment information, which must include the following, prior to making any purchases of products or services: (i) the date of expiration, (ii) the credit card number, (iii) the type of credit card, (iv) the name as it appears on the card, and (v) any activation numbers or codes required to charge the card. You agree that by providing this information to us or our third-party credit card processor, you grant us and/or our processor permission to charge your card at our discretion, but no later than thirty (30) days after receiving credit card authorization. You agree to pay the price in effect at the time you place an order on the Site (including any applicable sales taxes and surcharges) for any product or service you purchase. For that price, the company will automatically charge the credit card or other payment method you provided during the order procedure. It should be noted that in the event of a price reduction or promotional offering, we do not offer price protection or refunds.

B. Methods of Payment, Credit Card Terms and Taxes. It is mandatory to utilize Visa, MasterCard, or Discover (if available) for all payments. At this time, cash, personal or business checks, and other forms of payment are not accepted. However, this policy may be subject to change in the future. You must consult the card issuer agreement that regulates your use of the designated card for information regarding your rights and responsibilities as a cardholder; these terms are not applicable to that agreement. You represent and warrant that, absent the proper legal authorization, you will not use any credit card or other form of payment. YOU, AND NOT COMPANY, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS THAT A THIRD PARTY DEPOSITS TO YOUR CREDIT CARD. You agree to reimburse the entity for any fees and charges accrued in relation to your purchases, including any relevant taxes, at the rates that were in effect at the time the charges were incurred. Failure to inform the Company of any inconsistencies within sixty (60) days from the date they initially appear on your credit card statement constitutes your acceptance of the statements for all intents and purposes. In the event that Company fails to receive payment from your credit card issuer or its agent, you hereby consent to Company or its agents requiring you to pay all outstanding amounts. Customs duties, import/export fees, sales taxes, and other comparable government fees are not reflected in the product prices. It is your duty to remit any taxes or charges that may be levied on your purchases, encompassing value-added, sales, and usage taxes, among others. By our order policy in effect at the time of purchase, the company shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or municipalities that it deems necessary.

C. Return Policy. At the time of purchase, all purchase transactions conducted via the Site are subject to the return policy and/or money-back guarantee policy of the Company.

D. Order Acceptance Policy. Our acceptance of your order or confirmation of our offer to sell does not occur upon receipt of an electronic or other form of order confirmation. The company reserves the right to approve or reject your order for any reason at any time after receiving it. The company also reserves the right, without prior notice, to reduce the quantity of any item supplied at any time after receipt of your order. The Company will consider your order to be accepted upon the delivery of the products or services that you have requested. Prior to order acceptance, supplementary verifications or information may be necessary. You agree that in the event that we cancel all or a portion of your order or deliver less than the quantity you requested, your only and exclusive recourse shall be one of the following: (a) we shall credit your credit card account with the amount charged for the cancelled portion or the quantity not delivered (if your credit card has already been charged for the order); or (b) we shall refrain from charging your credit card for the cancelled portion of the order or the quantity not delivered. It is advised not to proceed with the cancellation or modification of a previously placed order with the Company until you receive confirmation from the Company through the Site or via email. As stated previously, you are responsible for the payment of all fees associated with orders that have already been processed or shipped prior to the receipt of your cancellation/change request or request to terminate your account. Your credit card or third-party payment account may be charged for such charges.

E. No Responsibility to Sell Mispriced Products or Services. We make every effort to provide accurate descriptions of every item, product, and service offered on this website. Due to the fact that we are only human, we cannot guarantee that the pricing or specifications listed on the website are exhaustive, precise, dependable, up-to-date, or devoid of errors. Should there be any inaccuracies concerning the pricing, specifications, or availability of a particular item, product, or service, the organization shall possess the exclusive authority to decline or rescind any orders. If your credit card or other account was charged prior to cancellation, a credit in the amount of the charge will be issued to your account. Possible additional conditions apply. Your sole recourse in the event that a product you acquire from the Company does not match its description is to return it in the original packaging, unused, complete, and undamaged, for a credit to your account in the amount of the purchase price.

F. Modifications to Prices or Billing Terms. In addition to availability, purchases of goods and services through the website are contingent. The availability of products and services featured on the website is subject to change without notice, including substitution or discontinuation. The company reserves the right to modify its prices and billing procedures for services sold at any time, effective immediately upon posting on the website or delivery to you via email.

6. FEEDBACK YOU SUBMIT

A. General. The Company has the potential to provide users of the Site with the ability to submit or transmit, at this time or in the future, messages, texts, files, comments, responses, information, content, results, reviews, suggestions, personally identifiable information, or any other information or materials containing ideas (collectively referred to as “User Content”). The organization may grant you permission to accomplish this via email, contact us, or other communication features. You retain, subject to the license and rights granted in these Terms, all legally enforceable rights, titles, and interests in your User Content, and you continue to bear sole responsibility for its integrity.

B. Non-Confidentiality of Your User Content. Unless otherwise specified in the Site’s posted Privacy Policy or any Additional Terms, you agree as follows: (a) Regardless of whether you designate it as “confidential,” “proprietary,” or the like, your User Content shall be considered non-confidential and shall not be returned; and (b) Company shall not assume any liability to you or any third party in relation to your User Content. You shall provide the Company with any documentation required to validate your rights to the content in question and to assess your adherence to these Terms or any Supplementary Terms, upon our request. You hereby acknowledge the vulnerability of mobile communications and the Internet to security intrusions. Furthermore, you recognize that User Content submissions may not be protected, and you agree to take this into consideration prior to submitting any User Content. You agree that submitting User Content involves no liability on your part. Please note that Company does not solicit unsolicited ideas or materials for products or services, including but not limited to designs, concepts, inventions, or ideas for websites, recipes, products, or other purposes (collectively “Unsolicited Ideas and Materials”). This policy applies to all communications with Company. User Content, including any unsolicited ideas and materials that you transmit to us through the site or post on it, shall be deemed under our ownership as described below. Moreover, with respect to your Unsolicited Ideas and Materials, the Company retains every right that is commonly held by the general public. The Company does not acknowledge the novelty, priority, or originality of your Unsolicited Ideas and Materials upon receipt; furthermore, this does not prejudice the Company’s right to contest any current or future intellectual property rights associated with your Unsolicited Ideas and Materials.

C. License to Company of Your User Content. You hereby grant and agree to grant to Company the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, resell, sublicense (through multiple tiers), display, publicly perform, transmit, publish, and otherwise disclose User Content, except as otherwise specified in any applicable Additional Terms that specifically govern the submission of User Content. The permitted rights are as follows: (a) to archive, archive, cache, index, configure, digitize, compress, optimize, modify, reformat, edit, and adapt the User Content; (b) to use any ideas, concepts, know-how, or techniques contained in the User Content for any purpose, including developing, producing, and marketing products and services; and (c) to combine the User Content with other materials. You hereby grant Company and agree to grant Company the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or compensation to you, in furtherance of the rights and license that you grant to Company with respect to your User Content. You agree to renounce and do not object to any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or modified in a way that violates your preferences, unless prohibited by law. You irrevocably agree not to exercise any granted rights (if any) in a manner that impedes the exercise of those rights to the extent that they cannot be waived. You acknowledge that no fees, payments, consideration, or remuneration will be provided in exchange for any of the rights granted pursuant to this Section 6(C).

7. NOTICES, QUESTIONS AND CUSTOMER SERVICE

You consent to the following: (i) we may notify you via conspicuously displayed notice on the homepage of the Site, or in another reasonable manner, of any new, revised, or altered terms and other significant matters; and (ii) we may communicate with you via mail or email to the address you have provided. You agree to notify us expeditiously of any changes to your mailing or email address. Contact us at [email protected] if you have any inquiries concerning the utilization of the website. You hereby acknowledge that the provision of customer support is entirely at the Company’s discretion and that we are under no obligation to deliver any form of customer support to you.

8. LINKS BY YOU TO THE SITE

You are granted a restricted, non-exclusive, revocable, non-assignable, personal, and non-transferable license to establish hyperlinks to the Site, provided that: (a) the links solely consist of textual content and refrain from utilizing any trademarks; (b) neither the links nor the content on your website should imply any affiliation with the Company nor induce any other form of confusion; and (c) neither the links nor the content on your website should falsely, misleadingly, detract, or otherwise misrepresent the Company or its products or services. The Company reserves the right, in its sole discretion and without prior notice or liability to you or any third party, to suspend or prohibit linking to the Site for any reason.

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

A. Linked Sites; Advertisements. The Site may contain links to or from third-party websites (“Linked Sites”), including those operated by advertisers, licensors, licensees, and other third parties with which the Company may have business relationships. These links may appear in the form of third-party advertisements or otherwise. Linked Sites’ content, operations, policies, terms, and other elements may be beyond the control of the Company, which is under no obligation to review them. There are no Linked Sites, third-party content, advertising, information, materials, products, services, or other items that the Company endorses, sponsors, or approves. Additionally, the Company shall not be held liable for the provision, delivery, or quality of any products or services advertised, accessed, or acquired through such websites. In conclusion, the Company shall not be responsible for any direct, indirect, incidental, or special loss or damage resulting from the exhibition, distribution, or exploitation of any information or content contained within these third-party Linked Sites. Such liability shall not arise from negligence, breach of contract, defamation, or infringement of copyright or other intellectual property rights. Your participation in any activities related to the Linked Sites is governed by the privacy and other policies, terms and conditions of use and/or sale, and regulations that are published by the operator of those sites. Company disclaims all liability with respect to the subject matter.

B. Dealings with Third Parties. All engagements, correspondence, transactions, and other transactions that you undertake with third parties encountered on or via the Site (including Linked Sites or advertisements) are exclusively between you and the third party. This includes matters pertaining to the provision of goods, payment processing, privacy and data security, and the content of third-party advertisements. Company disclaims all liability with respect to the subject matter.

10. WIRELESS

A. Wireless Features. There may be specific services and features of the website that are accessible through a wireless device. The aforementioned services and functionalities may comprise the capacity to utilize the Site’s resources and upload content, receive communications from the Site, and install applications on a wireless device (collectively referred to as “Wireless Features”). Your carrier may impose charges for standard messaging, data, and other services in order for you to utilize Wireless Features. Prepaid balances and wireless bills may be debited of applicable fees and charges. Particular wireless features may be incompatible with your wireless device or carrier, and your service provider may prohibit or restrict their use. It is advisable to inquire with your carrier regarding the availability of plans and their respective costs. Please get in touch with your carrier if you have any inquiries concerning these matters.

B. Terms of Wireless Features. You agree, subject to the terms and conditions stated in Section 4G above, that we may send communications to your wireless device regarding us or third parties in regard to the Wireless Features for which you have registered. Additionally, we may gather data pertaining to your utilization of the wireless functionalities. By registering for Wireless Features through the Site, you consent to the Company being notified of any modifications to your wireless contact information, which may include your phone number.

11. DISPUTE RESOLUTION

As an alternative to litigation, arbitration facilitates the efficient resolution of disputes between the parties. Arbitration resembles litigation, but it is conducted outside of the judicial system and is decided by an arbitrator rather than a judge or jury. Your participation in the Site is contingent upon your agreement to arbitrate. You and the Company agree that in the event of a dispute, allegation, or claim pertaining to the Site, the Content, your User Content, these Terms, any of the Company’s actual or alleged intellectual property rights, or any Additional Terms (“Dispute”), or any inquiry regarding the applicability of arbitration to the Dispute, said Dispute shall be resolved in accordance with the provisions outlined in Section 11. You and Company further agree that in the event that the Dispute cannot be amicably resolved pursuant to Section 11(A), it shall be subject to binding arbitration in accordance with the rules of Judicial Arbitration and Mediation Services, Inc. (“JAMS”), an independent national arbitration association. For further details regarding JAMS and its regulations, please visit www.jamsadr.com or contact JAMS at (800) 352-5267.

The Company will provide financial support for both the arbitrator and the forum in the event of an arbitration. Company shall be liable for all costs associated with the arbitration, including JAMS’ fees and the fees for the arbitrator’s services, irrespective of whether you or Company initiate the process. Although the Company will not provide payment, you will remain liable for the costs of legal representation if you elect to retain an attorney.

The Company aims to establish a just procedure, and the arbitration will adhere to the criteria established by JAMS to guarantee an impartial hearing. This includes the appointment of an autonomous, unbiased arbitrator who maintains no affiliation with the Company or its management. You agree that, in spite of any provision in these terms pertaining to applicable substantive law, the Federal Arbitration Act (“FAA”) (9 U.S. Code §§ 1-16) shall govern any arbitration conducted pursuant to this Section 11. Amendments to this Section 11 are contingent upon mutual agreement.

A. Informal Effort to Resolve Disputes. In the event that a dispute ensues, both parties agree to exchange written notices that include a proposed resolution and a reasonable description of the dispute. We will ensure that you receive our notice using the contact information you provide us with the most up-to-date status. We have no obligation under this Section 11(A) if we do not have your contact information or if it is out of date. We require that you deliver your notification to [email protected]. You and Company will attempt to resolve the Dispute through communication for a period of sixty (60) days from the date of receipt of notice from the other party. However, neither you nor Company will be obligated to settle the Dispute on terms with which the other party is not comfortable, in each of our sole discretion.

B. Binding Arbitration. In the event that an informal resolution to a dispute under Section 11(A) is not achieved within sixty (60) days of the notice being received, the resolution process for all disputes between the company and the plaintiff shall be reduced to final and binding arbitration. Each party waives the right to litigate and have any dispute heard by a judge or jury by agreeing to arbitration.

Disputes shall be exclusively resolved through legally enforceable arbitration facilitated by JAMS, in strict adherence to the Streamlined Arbitration Rules and Procedures (“Rules”). In order to initiate the arbitration procedure, either the Company or you shall submit a written request for arbitration to JAMS via reputable overnight delivery service (e.g., Federal Express) or U.S. mail at 8401 N. Central Expressway, Suite 610, Dallas, TX 75225. Additionally, you must email us a copy of any arbitration request to [email protected] in order for us to be notified of the arbitration and to be able to remit the JAMS fee. JAMS shall determine a venue for the arbitration that is both convenient for you and in accordance with its procedural standards. The procedure will be supervised by an arbitrator, who will also issue a conclusive and legally enforceable arbitration award.

C. Limited Time to File Claims. If applicable law permits, in the event that you or we wish to assert a dispute against the other party, we or you must do so within one (1) year of the dispute’s emergence (by delivering written notice as specified in Section 11(A)). Failure to do so will result in the action being permanently barred. “Initiating” refers to the following, as applicable: (a) filing for arbitration with JAMS as detailed in Section 11(B); or (a) delivering written notice as specified in Section 11(A) above. The parties hereby expressly waive any legal or equitable statutes of limitations or time restrictions that may be contrary to the Dispute.

D. Injunctive Relief. Any claim by you or the Company seeking an injunction or other equitable relief with respect to any loss, cost, or damage (or potential loss, cost, or damage) associated with the Site, any Content, your User Content, the Company’s intellectual property rights, its operations, or its products and services shall not be subject to the aforementioned provisions of Section 11. This Section 11 shall apply to any claims brought in any action by you or the Company that does not seek injunctive or equitable relief as described therein.

E. No Class Actions. YOU CONSENT TO PARTICIPATE IN A SINGLE ARBITRATION WHICH CONSISTS OF ALL OF YOUR DISPUTES AND ALL KNOWN DISPUTES. Moreover, YOU AGREE THAT ANY ACTION YOU INITIALISE SHALL BE SOLELY ON YOUR OWN BEHALF AND THAT YOU EXPRESSLY WAIVE THE RIGHT TO PRESENT A DISPUTE IN ANY FORUM, WHETHER IN ARBITRATION OR IN COURT, ON A CLASS OR COLLECTIVE BASIS. It shall not be within the authority of the arbitrator to convene a class or conduct proceedings collectively. No right or authority shall exist to require the arbitration of a dispute on behalf of the general public or other similarly situated persons or entities. However, should a court of competent jurisdiction determine that this limitation is unreasonable or unenforceable, our agreement to arbitrate as stated in Section 11(B) shall be null and void. In such a case, the dispute must be resolved exclusively through litigation as outlined in Section 11(F).

F. Federal and State Courts in Miami Dade County, Florida. Aside from the situations specified above in which arbitration is mandatory, small claims actions, and proceedings concerning the enforcement of arbitration decisions or awards, any dispute originating under this agreement may solely be litigated in a state or federal court located in Miami-Dade County, Florida. Consequently, in regard to these matters, both you and the Company agree to submit to the exclusive personal jurisdiction and venue of said courts.

G. Jury Trial Waiver. YOU EXPRESSLY AGREE TO WAIVE THE RIGHT TO A JURY DEBUT ANY DISPUTE THAT YOU BRING INTO STATE OR FEDERAL COURT, AS DEFINED INSEAMERINGLY HEREIN.

H. Small Claims Matters Are Excluded from Arbitration Requirement. Irrespective of the foregoing, in the event that the claim meets the requirements to be heard in a small claims court of competent jurisdiction, either of us may bring a Dispute in that court.

12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

Utilization and access to the website are at your own risk. On a “as is,” “as available,” and “with all faults” basis, the website is provided. Consequently, the Company and its subsidiaries, as well as their employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively the “Company Parties”), hereby disclaim and make no express or implied representations, warranties, endorsements, or promises regarding the following, to the maximum extent permitted by law:

(a) the Site, encompassing both its Content and User Content;

(b) The Site and all of its functions, features, and other components that are accessible via the Site;

(c) Any instructions, products, or services that are provided, mentioned, or connected via the Site;

(d) the level of security that is implemented during the transfer of your User Content from the Site to the Company;

(e) assurance that neither the Site nor the servers hosting the Site are devoid of any detrimental elements (such as Trojan horses, viruses, or other technologies that may have an adverse effect on your device);

(f) as to whether the information on the Site (including any instructions) is precise, comprehensive, accurate, sufficient, practical, timely, or dependable;

(g) whether any errors or defects that may be present on the Site will be rectified or addressed;

(h) the assurance that your stay on the site will remain uninterrupted;

(i) the availability of the Site at a specific time and location; and

(h) the legality of your use of the Site in a specific jurisdiction.

Company Parties hereby disclaim all warranties, express or implied, with the exception of any specific warranties provided herein or in additional terms provided by a company party. This includes the warranties of merCHANTability, fitness for a particular purpose, non-infringement or unauthorized use of intellectual property rights of third parties, title, customs, trade, quiet enjoyment, system integration, and freedom from computer.

Certain jurisdictions restrict or prohibit the inclusion of disclaimers for implied or other warranties; therefore, the aforementioned disclaimers may be inapplicable insofar as the laws of those jurisdictions are concerned.

The website makes every effort to maintain the accuracy, currency, and timeliness of its information, documents, study guides, test materials, protocols, and developed forms. We cannot, nevertheless, guarantee that every piece of information on the site is entirely current, accurate, or up-to-date due to the rapid evolution of the law. Moreover, the Site’s content cannot be considered legal advice and its accuracy, completeness, or currency cannot be guaranteed. Consult an attorney if you require legal counsel regarding your particular issue, or if that issue is too complex for our instruments to properly address. We may, from time to time, perform particular services and introduce our visitors to a variety of products, services, and offers via a variety of means, including but not limited to the following:

(i) Listings by third parties,

(ii) Advertisers from third parties, and

(iii) services of third parties.

We shall never be liable or responsible to you in any way for the performance or accuracy of any such listings and/or services.

13. LIMITATIONS OF OUR LIABILITY

ALL LOSSES OR DAMAGES OF ANY KIND, INCLUDING DEATH OR PERSONAL INJURY, WILL NOT RESPONSIBLE OR LIABLE COMPANY PARTIES. This includes injuries or damages that are directly or indirectly related to the following: direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages.

(a) the Site, encompassing both its Content and User Content;

(b) Your utilization or incapability to utilize the Site, as well as its functionality;

(c) any action taken in connection with an investigation into your access to or use of the Site by Company Parties or law enforcement authorities;

(d) any action undertaken with respect to owners of copyright, other intellectual property, or other rights;

(e) any inaccuracies or omissions in the technical operation of the Site; or

(f) Any damage inflicted upon a user’s computer, hardware, software, modem, or other technology or equipment, including but not limited to damage resulting from a security breach, virus, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, network failure, or any other technical or malfunctioning malfunction; losses or damages in the form of diminished profits, goodwill, data loss, work cessation, inaccurate results, or equipment;

Notwithstanding whether the Company Parties were informed of or should have known of the possibility of such losses or damages, the aforementioned limitations of liability shall remain in effect. This holds true even if any of the aforementioned events or circumstances were foreseeable, and irrespective of whether the damages or losses were caused in whole or in part by negligence, acts of god, telecommunications failure, or destruction of the Site.

Certain jurisdictions prohibit the exclusion or limitation of incidental or consequential damages as described above; therefore, you may not be subject to the aforementioned restriction or exclusion.

However, with the exception of what may be specified in any additional terms, COMPANY PARTIES shall not be liable to you to the fullest extent permitted by applicable law for any damages, losses, or causes of action arising from your use of the site or your rights under these terms. Such liability shall not exceed an amount equal to the amount you have paid Company in relation to the transaction or transactions that give rise to the claim.

14. UPDATES TO TERMS

These Terms (or, if applicable, Additional Terms) shall regulate your use of the applicable services to which they apply, including any transactions you enter during such use. They shall be posted in the form specified at the time of your use. The terms and conditions under which we offer the site may be revised in the future, and we reserve the right to discontinue providing the site under the terms or additional terms that were previously stipulated. You agree that by signing in or otherwise using the site, you are entering into a new agreement with us regarding the then-applicable terms and conditions. Additionally, you agree that we may notify you of any additional terms by posting them on the site or through any other reasonable means of notice that we choose. Furthermore, you agree that by continuing to use the site after receiving such notice, you are agreeing to the additional terms for your future use and transactions. Consequently, prior to each transaction or submission, you should examine the posted terms of service and any applicable Additional Terms each time you utilize the Site. With respect to new uses and transactions, the revised terms shall come into force on the date we publish them, or such later date as may be specified in them or communicated to you otherwise. Unless otherwise agreed, the terms of service (and any applicable Additional Terms) that were in effect when you last used the Site will remain in force for that prior use (i.e., modifications and additions are only prospective). Should a tribunal determine that any notice provided to you regarding new, revised, or additional terms was inadequate, the prior agreement shall remain in effect until such time as adequate notice is provided to establish a new agreement. It is advisable to regularly inspect the homepage and the email address associated with your purchases for notifications, all of which you acknowledge as reasonable means of informing you. Destroying the Site and its associated services will result in your rejection of any new, revised, or additional terms.

15. GENERAL PROVISIONS

A. Company’s Consent or Approval. Should any provision within these Terms or any Supplementary Terms bestow upon Company a right of approval or assent, or enable Company to exercise a right at its “sole discretion,” that right shall be exercised at the Company’s absolute and sole discretion. Consent or sanction from the Company shall not be considered as having been granted unless it is in writing and duly signed by an officer of the Company.

B. Applicable Law. Any Dispute shall be governed by and construed in accordance with the laws of the State of Florida, excluding its choice of law regulations. These Terms and any Additional Terms shall be governed by and construed in accordance with the laws of the State of Florida. In spite of any other provision in these Terms to the contrary, the Company has no capacity as your agent, collaborator, or joint venturer. Company does not act as your attorney or financial advisor, and it does not have any fiduciary duty toward you.

C. Indemnity. You agree to, and you hereby, defend, indemnify, and hold Company Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Company Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User Content; (ii) your use of the Site and your activities in connection with the Site; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or your activities in connection with the Site; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Company Parties’ use of the information that you submit to us (including your User Content) (all of the foregoing, “Claims and Losses”). You shall assist the Company Parties in the defense of any claim and losses to the fullest extent required. Company Parties retain the sole authority to resolve, compromise, and compensate for all Claims and Losses, notwithstanding the foregoing. Any claims and losses are subject to the exclusive control and defense of the Company Parties. Claims and losses cannot be settled without the prior written consent of an officer of a Company Party, in each case.

D. Operation of Site; Availability of Products and Services; International Issues. Company maintains control and operation of the Site from its facilities located in the United States of America. The Company does not guarantee that the Site is suitable or accessible for use outside of the United States of America. By accessing the Site from a location other than the United States, you acknowledge and agree to abide by local regulations governing permissible content and online behavior, to the extent that such regulations apply. The website may feature descriptions of products and services that are exclusively available in the United States of America (or certain regions thereof) and are not accessible on a global scale. We reserve the right, at any time and in our sole discretion, to restrict the quantity of any content, program, product, service, or other feature that we offer, as well as the availability of the Site and/or the provision of any content, program, product, service, or other feature described or available on the Site to any person, entity, geographic area, or jurisdiction. We both disclaim any liability for any application of the Convention on Contracts for the International Sale of Goods to these Terms.

E. Export Controls. The provision of or access to software on the Site may be influenced by export regulations of the United States. It is strictly prohibited to obtain, export, or re-export any software from the site. (i) goods, software, technology, or services into (or to a national or resident of) any country or other jurisdiction that the United States has embargoed (including Cuba, North Korea, Iran, Sudan, and Syria as of the effective date of these Terms), (ii) individuals listed on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (iii) individuals listed on the U.S. Bureau of Industry You are accountable for adhering to all domestic and international trade regulations and laws. You agree and warrant that the software shall not be exported or re-exported to any county, person, entity, or end-user subject to U.S. export controls, including those specified in subsections (i) through (iii) above, unless authorized by law.

F. Severability; Interpretation. A court or arbitrator of competent jurisdiction may deem any provision of these Terms or the Additional Terms invalid, unlawful, void, or unenforceable. In such a case, that provision shall be considered severable from the remainder of these Terms or the Additional Terms, which shall retain their full force and effect. You hereby waive, to the fullest extent permitted by applicable law, any applicable common law and statutory principles that could permit a contract to be construed in opposition to its drafter. The term “including” shall be interpreted as “including, without limitation” in these Terms and any Additional Terms in which it appears.

G. Communications. By engaging in electronic correspondence with us, including text messaging and email, you grant us your explicit assent to receive all future communications in that format. Kindly be advised that we do not have any obligation to provide responses to inquiries. You acknowledge and consent that any and all agreements, notices, disclosures, and other communications that we deliver to you electronically will fulfill any legal obligation that requires written form.

H. Investigations; Cooperation with Law Enforcement; Termination; Survival. Company retains the absolute right to: (i) examine any information obtained by Company in connection with law enforcement database reviews or compliance with criminal laws; (ii) investigate any suspected breaches of its information technology or other systems or networks; (iii) investigate any suspected breaches of these Terms and any Additional Terms; (iv) cooperate with law enforcement authorities in their investigation; and (iii) investigate any information obtained by Company in connection with reviewing law enforcement databases or complying with criminal laws. The aforementioned and any supplementary terms do not impact your obligations to the Company in the event of suspension or termination. You agree that upon suspension or termination of your access to the Site, or upon notice from the Company, you will promptly forfeit all rights granted to you under these Terms or any Additional Terms. Moreover, you agree to cease all use of the Site immediately. The provisions of these Terms and any Additional Terms that should survive your suspension or termination will remain in effect. This includes the licenses and rights you grant to the Company in these Terms, indemnities, releases, disclaimers, and limitations on liability. Furthermore, the provisions governing jurisdiction, choice of law, mandatory arbitration, and non-class action are also applicable.

I. Assignment. The Company may at any time and without prior notice assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any third party. You are not permitted to assign these Terms or any Additional Terms, nor may you delegate your responsibilities under them, without the officer of the Company’s prior written consent.

J. No Waiver. (i) Except as explicitly stipulated in these Terms or any Additional Terms, any inability or delay on the part of you or the Company to exercise any of the rights, powers, or remedies under these shall not constitute a waiver of that right, power, or remedy; and (ii) Any attempt to enforce a waiver or modification of a term of these Terms or any Additional Terms shall be futile unless such action is documented in writing and signed by the party seeking to enforce the waiver or modification.

K. Connectivity. You shall bear full responsibility for the procurement and upkeep of all devices, software, and equipment, as well as internet service provider, mobile service, and other services required for accessing and utilizing the Site. Furthermore, you shall be liable for any fees associated with their use.

L. California Consumer Rights and Notices. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs can be reached via mail at 400 R St., Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254. This information is available to California residents. The address of their website is http://www.dca.ca.gov.

M. References. Our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, in addition to all authorized or unauthorized consumers or beneficiaries of services pursuant to this or prior agreements between us, are referred to as “Site,” “you,” and “us.”

16. EFFECTIVE DATE

The most recent revision of these terms and conditions took effect on December 10, 2023.