Terms of Use

WWW.FREEWARRANTY.COM

Terms Of Use

Last updated: October 11, 2011

CLIQT LLC (“we,” “us,” or “our”) owns and operates www.freewarranty.com (this “Site”).  By visiting, using and/or submitting information to this Site, you agree to be bound by the terms and conditions of these Terms of Use (this “Agreement”), our Free Extended Warranty Policy (the “Policy”), and our Privacy Policy (the "Privacy Policy").

Please read this Agreement carefully.  This Agreement contains an agreement to arbitrate all claims and disclaimers of warranties and liability.

Consideration and Your Compliance with this Agreement

You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged.  Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to this Site.

You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity.  In order to determine your compliance with this Agreement, we may monitor your access and use of this Site in accordance with our Privacy Policy.

Your Access and Use of this Site

We are providing this Site as a place for individuals to compare products, write and read product reviews, search for coupons and obtain extended warranty coverage on certain items, as further explained in this Agreement.  You are only entitled to access and use this Site for lawful purposes and pursuant to the terms and conditions of this Agreement and our Privacy Policy.

Membership and Registration

You do not need to become a member of this Site to compare products, read product reviews and search for coupons on this Site.  However, only members of this Site may use this Site to obtain an extended warranty on qualifying items.  To become a member of this Site, you must register with us.  We will use information that you provide to us during the registration process as set forth in the Privacy Policy.

Passwords and Usernames

If we issue you a password, you will not share your password, or let anyone else access your account or do anything else that might jeopardize the security of your account.  You will not transfer your account to anyone without first getting our written permission.  You are solely and fully responsible for all liability and damages resulting from your failure to maintain the confidentiality of your password and all activities that occur through the use of your password.  If we issue you a username for your account or profile, we reserve the right to reclaim it if we believe appropriate.

Access to this Site

Your access and use of this Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of this Site or other actions that we, in our sole discretion, may elect to take.  We reserve the right to suspend or discontinue the availability of this Site and/or any portion or feature of this Site at any time in our sole discretion and without prior notice.  Accordingly, if you are a member of this Site, you should not expect your profile and membership information, including order information, to always be available. 

In addition, notwithstanding anything to the contrary in this Agreement or on this Site, we may, at any time and for any reason or no reason, ban or remove a particular user from this Site.  For example, any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or our Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of this Site; or (iii) through the use of this Site, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use this Site. 

If we disable or delete your profile and account, you will not create another one without our written permission.

Fees and Payments

Access and use of this Site is free.  At any time, we may choose to charge fees for various premium features and services, and we will notify you of those charges at the time that we offer features and services for a fee.  We may, in our sole discretion, and by notifying you on this Site, change this policy and begin charging for access to this Site and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount and type of fees) we charge at any time.  If we introduce a new service or charge a new fee, we will establish and notify you of the fees for that service at the launch of the service or start of charging a new fee.  If we notify you of new fees or change the fees for an existing service, then you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service.  We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with this Agreement (e.g., overdrawn accounts, exceeding account limits, etc…). 

Notwithstanding the previous paragraph, should we begin charging a fee for extended warranty coverage, then, any coverage that you were eligible for prior to the change will be provided for free.

Items and Merchants

By clicking on the “Go to Store” button available on an item’s description, you will be hyperlinked to the web page of the merchant where you can purchase the item.

Please note that we do not endorse any merchant’s website or any merchant’s products, and we are not responsible for the activities or policies of merchant websites.  We do not promise or guarantee that the merchant website will be available or that you will be able to purchase a particular item from the merchant website at a particular price.  In addition, because product images, descriptions and other attributes are provided to us by merchants and their agents, we do not guarantee that product images, descriptions, pricing or other attributes displayed on this Site are accurate or correct.

Free Extended Warranty

You should carefully review our Policy, which explain what items will be eligible for our free extended warranty coverage.  Not all items available on this Site will be eligible for our free extended warranty coverage.  You acknowledge and agree that receipt of a free extended warranty from us is governed by the terms of this Agreement and the Policy.  Please carefully review the terms of the Policy before purchasing an item found on this Site.

This Site is not Intended for Minors

This Siteis intended to be accessed and used only by adults and is not directed to children under the age of 13. You must be at least 13 years of age to register with this Site.  As stated in our Privacy Policy, wedo not knowingly collect personally identifiable information by anyone under the age of 13 and you should not provide us with any information regarding any individual under the age of 13. 

User Generated Content

This Site may act as a venue allowing users to publish and display content and transmit information (collectively, “User Generated Content”) to other users of this Site, such as your product reviews, and product and merchant ratings.  We are not involved in the actual transmission of User Generated Content provided for on this Site.  As a result, we do not approve or endorse any User Generated Content, and you hereby acknowledge and agree that we have no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Generated Content provided by you or any other person or entity on this Site.  You may find User Generated Content to be offensive, harmful, inaccurate or deceptive.  Please use caution and common sense, and do not rely solely on User Generated Content published on this Site. 

Transmissions, Submissions and Postings to this Site

If you transmit, submit or post information to this Site that is not Federally trademarked and/or copyrighted, you automatically grant us the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below).  Provided that you have obtained prior written permission from us to transmit, submit or post information to this Site that is Federally trademarked and/or copyrighted, you automatically grant us the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.

You shall not transmit, submit or post the following to this Site:

• Information that infringes our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
• Information that violates any law, statute, ordinance or regulation;
• Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to us or third parties or that infringes on our or any third party’s rights of publicity or privacy;
• Information that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
• Information that is false, inaccurate or misleading;
• Commercial advertisements or solicitations without written permission from us; or
• Federally Trademarked and/or Copyrighted information without written permission from us.

Although we do not regularly review your transmissions, submissions or postings (i.e., your User Generated Content), we reserve the right (but not the obligation) to edit, refuse to post or remove your User Generated Content.  Pursuant to our Privacy Policy, we may review User Generated Content made by you to determine, in our sole discretion, your compliance with this Agreement.

You shall be solely responsible for your own User Generated Content, including personal information that you post on this Site, and the consequences of your User Generated Content.  Your User Generated Content is posted on and transmitted to other users of this Site at your own risk.  We cannot control the actions of other users of this Site with whom you may choose to share your User Generated Content. 

Our Intellectual Property Rights

The name “CLIQT,” “freewarranty.com” and our graphics, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the “Proprietary Marks”).  You may not use the Proprietary Marks without our prior, express, written permission, which permission may be withheld in our sole discretion.  We make no proprietary claim to any third-party names, trademarks or service marks appearing on this Site. Any third-party names, trademarks, and service marks are property of their respective owners.

The information, advice, data, software and content viewable on, contained in, or downloadable from, this Site (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are copyrighted by, or otherwise licensed to, us or our Content suppliers.  Certain aspects of our Site have a patent pending.  We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on this Site (the “Software”) is our property the property of our software vendors and is protected by United States and international copyright and other laws.  Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.

You are solely responsible for any damage resulting from your infringement of our or any third party’s intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by us as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.

Your Use of the Content

We grant you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work.  You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.

Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without our express, prior, written permission, which permission may be withheld in our sole discretion.

You may not use any metatags or any other “hidden text” utilizing our name or trademarks without our prior, express, written permission, which permission may be withheld in our sole discretion.

Access and Interference

You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor this Site or any portion of this Site or for any other purpose, without our prior, express, written permission which may be withheld in our sole discretion.  Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from this Site without our prior, express, written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of this Site or any activities conducted on this Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to this Site.  Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from this Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.  We reserve the right to revoke these exceptions either generally or in specific cases.  You shall not collect or harvest any personally identifiable information, including account names, from this Site.  You shall not use any communications systems provided on this Site (i.e., Forums or email) for any commercial or solicitation purposes.  You agree not to solicit for commercial purposes any users of this Site without our prior, written consent, which consent may be withheld in our sole discretion.

Electronic Communications

When you visit this Site or send email to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by e-mail or by posting notices on this Site.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Your Responsibility for Equipment and Related Costs

You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use this Site, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of this Site.

Third-Party Links

There may be provided on this Site links to other websites belonging to our advertisers, business partners, affiliates and other third parties.  Such links do not constitute an endorsement by us of those websites, nor the products or services listed on those websites.  We are not responsible for the activities or policies of those websites.  We do not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party. 

Mobile Devices

If we provide aspects of this Site via an application for your mobile device, please be aware that your carrier’s normal rates and fees may apply and that the terms of this Agreement apply to your use of any such mobile application.

Copyright Infringement

It is our policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws.  We shall in appropriate circumstances disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of ours and/or others.

Notifications (each a “Notification”) of claimed copyright infringement should be sent by either express mail or U.S. mail to our designated agent.  Our designated agent contact information is set forth below:

Address of designated agent to which notification should be sent:

Gunster, Yoakley & Stewart, P.A.

Attn:  Gaida Zirkelbach

777 South Flagler Drive, Suite 500E

West Palm Beach, FL 33401

Facsimile number of designated agent: (561)671-2419

Email address of designated agent: gzirkelbach@gunster.com

Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the Notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the written Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512:

1. We will remove or disable access to the material that is alleged to be infringing;
2. We will forward the written Notification to the alleged infringer (“Subscriber”); and
3. We will take reasonable steps to promptly notify the Subscriber that we have removed or disabled access to the material.

Counter Notification:

Pursuant to Title 17, United States Code, Section 512(g)(3), a Subscriber may counter a Notification by providing a written communication (“Counter Notification”) to our designated agent that includes substantially the following:

1. A physical or electronic signature of the Subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which we may be found, and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512:

1. We will promptly provide the Complaining Party with a copy of the Counter Notification;
2. We will inform the Complaining Party that we will replace the removed material or cease disabling access to the removed material within ten (10) business days; and
3. We will replace the removed material or cease disabling access to the removed material not less than ten (10), nor more than fourteen (14) business days following receipt of the Counter Notification, provided our designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the removed material on our network or system.

We Make No Representations or Warranties Regarding the Content

THE CONTENT AND ALL SERVICES ASSOCIATED WITH THIS SITE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS.  WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE; THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH THIS SITE; OR THIS SITE’S USERS.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ALL SERVICES INCLUDED ON OR ASSOCIATED WITH THIS SITE IS AT YOUR SOLE RISK.  YOU EXPRESSLY AGREE THAT ANY CONTACT OR MEETING WITH OTHER USERS OF THIS SITE IS AT YOUR SOLE RISK.

WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES ASSOCIATED WITH THIS SITE, NOR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES ASSOCIATED WITH THIS SITE. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES ASSOCIATED WITH THIS SITE.  WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM THIS SITE IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

THIS SITE IS CONTROLLED AND OFFERED BY US FROM FACILITIES IN THE UNITED STATES OF AMERICA.  WE MAKE NO REPRESENTATIONS THAT THIS SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER JURISDICTIONS.  IF YOU ACCESS OR USE THIS SITE FROM OTHER JURISDICTIONS, THEN YOU DO SO BY YOUR OWN VOLITION AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Limitations on Our Liability

WE SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF THIS SITE; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE THIS SITE FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, (VI) YOUR CONTACT OR MEETINGS WITH OTHER USERS OF THIS SITE; OR (VII) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS ARISING FROM THIS SITE OR OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.

YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.  If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

Your Indemnification of Us

You shall defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current information requested or required by us; (iii) your access or use of this Site; (iv) access or use of this Site under any password that may be issued to you; (v) your transmissions, submissions or postings (i.e., your own User Generated Content); and/or (vi) any personal injury or property damage caused by you.

Amendments of this Agreement

We may amend this Agreement at any time.  Amendments will take effect immediately upon us posting the updated Agreement on this Site.  You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. 

Our Remedies

You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.  For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record ofPalm Beach County, Florida or the United States District Court, Southern District of Florida. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Governing Law; Arbitration

You agree that: (i) this Site shall be deemed solely based in the State of Florida; and (ii) this Site shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of Florida.  This Agreement is to be governed by and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Palm Beach County, Florida.

THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING THIS SITE YOU CONSENT TO THESE RESTRICTIONS.

You and us shall select the arbitrator, and if you and us are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.

Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or we be entitled to punitive damages and both you and we hereby waive your and our respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and us, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Palm Beach County, Florida.

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.

All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement, the Policy and our Privacy Policy represent the entire understanding and agreement between you and us regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

If you have questions, comments, concerns or feedback regarding this Agreement or this Site, please contact contact Customer Service