We Do What's Right
MaxGroup Business Solutions
REVISED: June 1, 2017
Welcome to the websites, applications, products, services, blog entries, articles, press releases and other tools and resources hereby disclaimed or not disclaimed but provided by MaxGroup Business Solutions, LLC and/or d/b/a MaxGroup Media (“MAXGROUP”). Included and without limitation are , and (the “Sites”). These terms govern your access and use of the Sites. By continuing to use the Sites implicates your continued agreement to the terms. Check this section often as we reserve the right to alter, modify and/or change the Sites at our sole discretion. Enjoy!
By continuing to access the Sites after notice of such modifications have been published, you signify your agreement to be bound by them. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
ACCESSING THE SITES AND ACCOUNT SECURITY
We reserve the right to withdraw or amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, or the entirety of the Sites, to users.
If you choose, or are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of them using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
CHARGES FOR SERVICES
We may charge for access to portions of the Sites or to the Sites as a whole, and we reserve the right at any time to change the amount we charge for such access or subscription that include authorization to access the Sites. Therefore, your access to some of the Sites’ content, features, and services may be limited depending on whether you have purchased a subscription. In such event, we will notify you in advance, and give you an opportunity to subscribe (or unsubscribe) to the Site(s). You shall pay all applicable taxes relating to the subscription. The terms of the BI Intelligence Subscription Agreement and the Terms of Sale are hereby incorporated by reference and govern the purchase of subscriptions through the Sites.
INTELLECTUAL PROPERTY RIGHTS
The Sites and all of their contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by MAXGROUP, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
YOU MUST NOT UNDER ANY CIRCUMSTANCES:
Modify copies of any materials from the Sites.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Sites.
Reverse-engineer or otherwise attempt to steal the software code of the Sites.
“MaxGroup Business Solutions (LLC),” “MaxGroup Media,” “MaxGroup” and all related names, logos, product and service names, designs, and slogans are trademarks of MAXGROUP. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners.
LINKING TO WEBSITE (“SITES”) AND SOCIAL MEDIA FEATURES
You may link to our homepage or other pages on the Sites provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in a way that suggests any form of association, approval, or endorsement on our part. The Sites may provide certain social media features that enable you to:
Link to the Sites from your own or third-party website
Send e-mails or communications with the Sites content or links to the Sites content
Cause portions of the Sites content to display or appear on your own or third-party websites
You may use these features solely as they are provided by the Sites, and solely with respect to the Sites content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
PROHIBITED USES OF THE SITES
YOU MAY USE THE SITES ONLY FOR LAWFUL PURPOSES AND IN ACCORDANCE
In any way that violates any applicable federal, state, local, or international law or regulation.
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising, promotional, or otherwise unsolicited material, including but not limited to any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate MAXGROUP, a MAXGROUP employee, another user, or any other person or entity (including, without limitation, by using their e-mail addresses or screen names).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm MAXGROUP or users of the Sites or expose them to liability.
To monitor, scrape, index, or otherwise copy any of the material on the Sites by means of any robot, spider, or other automatic device, process, or means, regardless of whether such use may be considered a fair use under United States copyright law.
Additionally, you agree not to interfere with or attempt to interfere with the proper working of the Sites, including but not limited to:
Use the Sites in a manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Sites;
Use any device, software or routine that interferes with the proper working of the Sites; introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Sites, the server on which the Sites are stored, or any server, computer, or database connected to the Sites; or
Attack the Sites via a denial-of-service attack or distributed denial-of-service attack.
Engaging in a prohibited use of the Sites may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.
YOUR USE OF OUR CONTENT IS RESTRICTED:
(a) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our site or any content thereon, except as permitted under the last sentence of this Section 4(a) and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section 4(a)), you may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on our site; accordingly, you may from time to time excerpt and use materials set forth on this site consistent with the principles of “fair use”.
(b) We are concerned about the integrity of our site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of our site. Neither you nor any third party shall make use of the contents of our site in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.
WE ARE AN INTERNET SERVICE PROVIDER. WE ARE NOT RESPONSIBLE FOR AND DO NOT NECESSARILY HOLD THE OPINIONS EXPRESSED BY OUR CONTENT PROVIDERS.
Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of MAXGROUP. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our site, MAXGROUP is not undertaking any obligation or liability relating to the content. MAXGROUP and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. MAXGROUP and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, MAXGROUP reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
You agree to indemnify and hold harmless The MAXGROUP and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 6. In such event, you shall provide us with such cooperation as is reasonably requested by us.
To watch videos on your device, you will need a device that meets the minimum requirements. 360° video and virtual reality may not work on all devices, operating systems or web browsers. Viewing video and using virtual reality may result in motion sickness. You alone are responsible for your safety, and the safety of others and should exercise prudence and good judgement in all cases by not reading, viewing, watching video, or using our Sites in any way that would endanger you and/or others e.g. reading, viewing while driving or other activities or situations not safe for access to our Sites, including material you may have printed. Obey all local laws regarding such at all times. MAXGROUP shall not be liable for any breach mentioned in example or any lack of or poor judgement on your part or the part of others.
You have a limited, nonexclusive, nontransferable license to view our video and virtual reality player and the object code version of its software solely for the purposes for which it is provided and only in accordance with all documentation provided. Video and virtual reality player software or technical information may be licensed from third parties and may be covered by one or more U.S. Patents, pending U.S. patent applications, and pending counterpart European and international patents. You may not, or allow others to, adapt, alter, modify, de-compile, reverse engineer, translate, or create derivative works of the any of our technology supporting video and/or virtual reality player or any included software. ANY INCLUDED SOFTWARE IS PROVIDED ‘AS IS’, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND BY EITHER MAXGROUP OR ITS PROVIDERS, PARTNERS OR LICENSORS.
The Sites may contain features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Sites.
ALL USER CONTRIBUTIONS MUST COMPLY WITH OUR CONTENT STANDARDS
Any User Contribution you post to the Sites, or that we post and/or publish on your behalf will be considered non-confidential and non-proprietary. By posting any User Contribution on the Sites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a perpetual, royalty-free, and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such User Contribution.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not MAXGROUP, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Sites.
MAXGROUP HAS ALL RIGHTS TO ALL CONTENT ON, IN OUR SITES AND ALL CONTENT THEREIN; BY SUBMISSION OF ANY KIND YOU GRANT US CERTAIN RIGHTS UPON SUBMISSION OF CONTENT:
(a) Our site (including all text, photographs, graphics, video and audio content contained on our site) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our site.
(b) By posting or submitting content on or to our site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on our site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
(c) You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful to any group and/or protected class, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (IV) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to The Huffington Post we may authorize such content to be distributed or syndicated to or published on other Huffington Post-branded environments. Please be advised that our site uses services and products protected by one or more of U.S. Patents and patents pending.
DISCLOSURE, MONITORING, AND ENFORCEMENT RELATED TO USER CONTRIBUTIONS
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS MAXGROUP AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review material before it is posted on the Sites and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
CONTENT STANDARDS FOR USER CONTRIBUTIONS
These Content Standards apply to any and all User Contributions. You are responsible for your own User Contributions, and you agree that, to the best of your knowledge, your User Contributions will be truthful and accurate.
Do not make User Contributions that involve the following:
Securities for sale, barter, or exchange
Harassment, defamation, threats, stalking, bullying, or violations of the legal rights of others
Impersonation of any person or entity, or falsely state or misrepresent your affiliation with a person or entity
Infringement of another’s intellectual property of any type, including, but not limited to, trade secrets, trademarks, and copyrights
Obscene, vulgar, bigoted, hateful, or racially offensive language or images
Any content that would be considered offensive to any group or protected class including by not limited to race, color, nationality, other class, gender, religion, non-religious, age, veteran status, political affiliation, sexual orientation/identification (LGBTQIA), marital status, or disability
Gambling, contests, chain letters, “illegal pyramid schemes,” (not to be misconstrued with legitimate network marketing or multi-level marketing opportunities
Violations of any applicable local, state, national, or international law in connection with your use of the Sites, including securities laws and regulations
Personally attacking the author of a post or other users
Furthermore, you agree that, if a third party claims that any User Contribution you have contributed to the Sites is unlawful, you will bear the full burden of establishing that the User Contribution complies with all applicable laws.
“MAXGROUP BUSINESS SOLUTIONS PLEDGES NOT TO DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, RELIGION, GENDER, AGE, VETERAN STATUS, POLITICAL AFFILIATION, SEXUAL ORIENTATION/IDENTIFICATION (LGBTQIA), MARITAL STATUS OR DISABILITY WITH RESPECT TO ITS OPPORTUNITY. FURTHER, MAXGROUP SHALL STRICTLY ENFORCE TOLERANCE WITHIN ITS RANKS, LEADERSHIP AND WORKFORCE AT ALL TIMES. MAXGROUP SHALL STRICTLY ENFORCE THE BEST EXAMPLE OF TOLERANCE WITHIN ITS TEAM, LEADERSHIP AND WORKFORCE AT ALL TIMES AND HAS A ZERO TOLERANCE POLICY FOR DISCRIMINATION OR OTHERWISE BULLYING OR DISRESPECTFUL BEHAVIOR WITHIN ITS TEAM. ANYONE FOUND TO BE BULLYING AND/OR BEING DIVISIVE, DISRESPECTFUL, ABUSIVE OR OTHERWISE INTOLERANT AND HATEFUL WILL BE SUSPENDED FROM USE, AND IMMEDIATELY REPORTED TO FEDERAL, STATE, COUNTRY OR OTHER LAW ENFORCEMENT AGENCIES. YOU MAY BE SUBJECT TO CRIMINAL AND/OR CIVIL PROCEEDINGS. THIS SHALL REMAIN MAXGROUP’S EQUAL OPPORTUNITY GUIDELINES, AND BE ENFORCED AS WE ARE LEGALLY ABLE. ”
HOW TO REPORT VIOLATIONS
DO NOT RELY ON INFORMATION POSTED
The content of the Sites is offered for general information, disclosure, transparency, discussion, support, and entertainment purposes only. Some of the content is unmoderated and reflects the personal opinions users. You should be skeptical about any information on the Sites because the information may be offensive, harmful, and/or wrong. Neither the content of the Sites, nor the links to other websites contained therein, are routinely moderated, screened, approved, reviewed, or endorsed by MAXGROUP or any affiliated person or entity.
We do not warrant the accuracy, completeness, or usefulness of the information on the Sites. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.
The Sites may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by MAXGROUP, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of MAXGROUP. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Age and User Contribution Removal
AGE AND USER CONTRIBUTION REMOVAL
MAXGROUP does not permit minors under the age of 18 years old to access, or become Registered Users of, the Sites. If you are a minor under the age of 18 years old and a Registered User you should immediately request removal of your User Contributions posted on the Sites. To request removal of a User Contribution, you must notify us at Support@MaxGroupBusiness.com . When you contact MAXGROUP to request removal of a User Contribution, we require you to authenticate your status as a Registered User and to identify the particular User Contribution to be removed by providing the (1) URL to the User Contribution, (2) the date and time at which the User Contribution was posted, and (3) the contents of the User Contribution. If you do not properly notify us, authenticate your status as a Registered User, or properly identify the particular User Contribution to be removed, MAXGROUP is not required to remove your User Contribution and removal will be in our sole discretion.
Removal of User Contributions from the Sites does not ensure complete or comprehensive removal of your User Contributions from the Sites. MAXGROUP, in our sole discretion, may retain your User Contributions on our servers in some form. However, removal will render your User Contribution invisible to other users of the Sites. We may, in our sole discretion, decide to anonymize your User Contribution such that you cannot be individually identified, rather than remove the User Contribution. In the event your User Contribution is anonymized, it will remain visible to other users of the Sites.
MAXGROUP is not responsible for the removal of User Contributions that are cached, copied, or reposted by third parties. Likewise, to the extent that any provision of federal or state law requires us to maintain certain User Contributions, we will not remove the User Contribution from the Sites.
DISCLAIMER AND LIMITATION ON LIABILITY
The Sites and any information, products, or services therein are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. MAXGROUP hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
MAXGROUP does not warrant that the Sites will operate in an uninterrupted or error-free manner or that the Sites are free of viruses or other harmful components. Use of the Sites or information obtained from or through the Sites is at your own risk.
In no event will MAXGROUP, its affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for any loss or damages, under any legal theory, arising out of or in connection with your use, or inability to use, the Sites, any websites linked to the Sites, any content on the Sites or such other websites or any services obtained through the Sites or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Neither MAXGROUP nor the Sites are an intermediary, broker/dealer, investment advisor, or exchange, and neither provides services as such.
CHOICE OF LAW AND FORUM
Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act (the “DMCA”), we have instituted procedures to receive written notification of claimed infringements and to process such claims in accordance with the DMCA. If you believe your copyrights are being infringed, please contact us immediately at: Compliance@MaxGroupBusiness.com .
The Notice of Infringement contains requested information that substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), providing that to be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at the Sites.
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 the service provider to locate the material.
Information reasonably sufficient to permit the service provider 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.
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.
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.
Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
Our designated agent to receive copyright infringement notifications is listed below on the Notice of Infringement form. Please mail a separate Notice of Infringement each time you would like to report an alleged act of infringement.
AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER
In the event of a dispute between you and us arising under or relating to anything regarding your access and/or use of our Sites and relationship with us, either of us may choose to resolve the dispute by binding arbitration, instead of in court. Any claim (except for a claim challenging the validity or enforceability of this arbitration agreement, including the Class Action Waiver) may be resolved by binding arbitration if either side requests it. THIS MEANS IF EITHER YOU OR WE CHOOSE ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL.
Class Action Waiver: ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CLIENTS OR ACCOUNTS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Arbitration: If mediation is unsuccessful, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. REPS waive all rights to trial by jury or by any court. All arbitration proceedings shall be held in the Phoenix metro area, Arizona, unless the laws of the state in which a REP resides expressly require the application of its laws, in which case the arbitration shall be held in the capital of that state. All parties shall be entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions with a strong preference being an attorney knowledgeable in the direct selling industry, selected from the panel which the American Arbitration Panel provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitration shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent the COMPANY from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect the COMPANY’S interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding. Intellectual property and/or trademark infringements are specifically excluded from arbitration.
Governing Law, Jurisdiction and Venue: Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Phoenix metro area, State of Arizona. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Arizona shall govern all other matters relating to or arising from the Agreement. Notwithstanding the foregoing, and the arbitration provision residents of the State of Louisiana shall be entitled to bring an action against the COMPANY in their home forum and pursuant to Louisiana law.
WAIVER AND SEVERABILITY
Your Use of Our Site is Subject to Certain Disclaimers: OUR SITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU