Terms of Service
Last Updated: 03/24/2023
PLEASE READ THE FOLLOWING TERMS OF USE (“TERMS”) CAREFULLY. THESE TERMS GOVERN YOUR USE OF THIS WEBSITE AND
THE
SERVICES OFFERED THROUGH THE WEBSITE. THESE TERMS SET FORTH A BINDING AGREEMENT BETWEEN YOU
AND WWW.FUCKGIRLSNEARME.COM
YOU MUST BE AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH YOU
LIVE OR
RESIDE TO AGREE TO THESE TERMS.
Acceptance of Terms of Use
These Terms of Use ("Terms") constitute a binding agreement between you and www.fuckgirlsnearme.com. By
accessing, viewing or using any Services, you represent and warrant that you are at least 18 years old and the
age of majority and legal consent in the jurisdiction in which you live or reside, and you agree to be bound by
and subject to these Terms. If you do not agree to these Terms, you should not check or click on, or otherwise
agree to, these Terms, and you should immediately leave this page and not access or use the Website or any other
Services. Upon our request, you agree to sign a non-electronic version of these Terms.
Changes to Terms of Use and Services
THESE TERMS MAY BE AMENDED OR CHANGED BY US IN OUR DISCRETION, WITH OR WITHOUT NOTICE, AT ANY TIME. We indicate
at the top of the page when these Terms were last updated. Your continued access or use of the Website or any
other Services following such changes will be deemed acceptance of such changes. In addition, we reserve the
right to modify or cease providing all or any portion of the Services at any time, with or without notice. Be
sure to return to this page periodically to ensure familiarity with the most current version of these Terms.
Privacy Policy
We are committed to protecting the privacy of the personal information you provide to us through the Website.
Any personal information submitted through the Website by you is subject to our Privacy Policy, which is
incorporated herein by reference. By using any feature on this Website, you are consenting to the recording of
your voice, image and/or text conversations (collectively, “Recordings”) by us. We may store and use Recordings
for relevant business purposes including but not limited to: fraud prevention, chargeback analysis, consumer
protection, and compliance with applicable law and these Terms. The Recordings are maintained in accordance with
our Privacy Policy. PLEASE REVIEW OUR PRIVACY POLICY TO UNDERSTAND OUR PRACTICES WITH RESPECT TO YOUR PERSONAL
INFORMATION. We do not knowingly collect personal information from persons under the age of 18.
Use of Services
Assumption of Risk
The Services may not be accessed or used where prohibited by law. You understand that by accessing or using the
Services, you may encounter content that may be deemed sexually explicit, mature, offensive, indecent or
objectionable, which content may or may not be identified as having explicit language or adult themes, and which
in certain circumstances may be due to your interactions with other users or members in the course of accessing
or using the Services. In addition certain content and materials available on or through the Services are
inappropriate for viewing by minors or by persons who do not wish to be exposed to sexually explicit material.
Commercially available parental control protections (such as computer hardware, software or filtering services)
may assist you in limiting access to material that is sexually explicit or harmful to minors. If you are
interested in learning more about these protections, information is available at www.cybersitter.com,
www.netnanny.com or other analogous sites providing information on such protections. The preceding links are
provided for information purposes only and not intended to act as an endorsement of these entities, their
services or policies and we are not affiliated with them. YOU FULLY ASSUME ALL RISK OF LOSS AND RISK OF PERSONAL
HARM ARISING OUT OF YOUR USE OF THE SERVICES, including but not limited to, any online or offline communications
and personal interactions with others (such as dating). It is your responsibility to take all advisable and
necessary precautions when interacting with individuals you meet or come into contact with through the Services.
Additional Representations and Warranties
You further represent and warrant to us, under penalty of perjury, as follows:
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You will not provide or permit access or use of the Services, or your Account, by any minors
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You have not and will not access or use the Services from any place or jurisdiction where such use is
prohibited
or contrary to applicable laws, rules, regulations, ordinances, edicts or customs, and you are not a
national or
resident of any country which the United States has (i) embargoed goods (ii) identified as a "Specially
Designated National" or (iii) placed on the Commerce Department's Table of Deny Orders.
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Your use of the Services is and will be in compliance with all applicable laws, rules, regulations,
ordinances,
edicts or customs.
-
You understand that when you gain access to the Services, you will be exposed to visual images, verbal
descriptions and audio sounds and other content of a sexually oriented, and explicitly erotic nature,
which may
include graphic visual depictions and descriptions of nudity and sexual activity. You are voluntarily
choosing
to do
so, because you want to view, read and/or hear the various materials and content which are available,
for your
own
personal enjoyment, information and/or education. Your choice is a manifestation of your interest in
sexual
matters
which, you believe, is both healthy and normal and which, in your experience, is generally shared by
average
adults
in your community. You further represent and warrant that you are familiar with the standards in your
community
regarding the acceptance of such sexually-oriented and explicit materials and the materials you expect
to
encounter
are within those standards. In your judgment, the average adult in your community accepts the
consumption of
such
materials by willing adults in circumstances such as this which offer reasonable insulation from the
materials
for
minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be
patently
offensive.
- You have not notified any governmental agency, including the U.S. postal service, that you do not wish
to
receive sexually oriented material.
-
You will not use any robot, spider, scraper or other automated measures to (i) access or use the
Services, (ii)
circumvent any technical measures we use to provide the Services, (iii) cause harm to us or our
affiliated
entities,
(iv) manipulate the results or outcome of any contest, game, program, or promotion that awards
Promotional
Credits
(defined below).
PLEASE NOTE THAT WE DO NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS OR VERIFICATIONS ON OUR USERS OR MEMBERS.
Third Party Links and Pages
Reliance on Content and Advice
(a) The Services may include hyperlinks or banner ads to third-party websites, content and/or resources
("Resources"). You acknowledge and agree that we have no control over and are not responsible for the
availability
of any such Resources, and we do not endorse any advertising, products or other materials on or available from
such
Resources. Because we cannot control the activities of such Resources, we cannot accept responsibility for any
use
of your personal information by such third parties, and we cannot guarantee that they will adhere to the same
privacy and security practices as us. If you visit or link to a Resource, you should consult that Resource's
privacy
policy before providing any personal information. You agree that we shall have no liability for any losses,
damages,
liabilities or expenses you may incur due to your use of such Resources, and you agree to indemnify us and hold
us
harmless for any such use.
(b) Opinions, advice, statements, offers, or other information or content made available through the Services
are
those of their respective authors, and should not necessarily be relied upon. Such authors are solely
responsible
for such content. We do not: (i) guarantee the accuracy, completeness, or usefulness of any information through
the
Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion,
advice, or
statement made by any party that appears through the Services. Under no circumstances will we or our affiliated
entities be responsible for any loss or damage resulting from your reliance on information or other content
posted
through the Services or transmitted to or by any of our users or members.
Proprietary Rights
The content provided through the Services, including but not limited to, the text, data,
software, manuscripts, graphics, photographs, music, sounds, videos, interactive features, blogs, posts,
feedback,
messages, tags and other materials (collectively, "Content") and the trademarks, service marks and logos
contained
therein ("Marks") are owned by or licensed to us, subject to copyright and other intellectual property rights
under
United States and foreign laws and international conventions. All Content is provided to you solely for your
information and personal, non-commercial use. You agree to not engage in the use, copying, or distribution of
any
Content other than as expressly permitted herein. If you download or print a copy of the Content for personal
use,
you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent,
disable
or otherwise interfere with security related features of the Services or features that prevent or restrict use
or
copying of any Content or enforce limitations on the use of the Services or Content. We or our licensors retain
all
intellectual and proprietary rights in and to the Services and Content, except as expressly provided herein. No
right is granted to you herein to use any Marks.
Access to Content
You understand that Content, whether publicly posted or privately
transmitted, is the sole responsibility of the person from whom such Content originated. We do not control this
Content and do not guarantee its accuracy, integrity or quality. All such Content is provided "AS IS" without
representation or warranty of any kind. Under no circumstances shall we be liable to you in any way for any
Content,
including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred
as
a result of the use of any Content. We claim immunity from liability to the fullest extent permitted by law, and
as
further provided under the Communications Decency Act, for any Content provided by third parties. Neither our
actions nor any provision in these Terms is intended to waive, remove or usurp such immunity.
Noncommercial Use
The Services are made available for your personal, noncommercial use. You will not advertise or
solicit any user or member to buy or sell any products or services through the Services. You may not transmit
any
chain letters, junk or spam e-mail to other users or members. Further, you will not use any information obtained
from the Services in order to contact, advertise to, solicit, or sell to any user or member without their prior
express consent. If you breach the terms of this subsection and/or send or post unsolicited bulk email, "spam"
or
other unsolicited communications of any kind through the Services, we reserve all rights, claims and causes of
action we may have, statutory or otherwise, including but not limited to, the right to seek statutory penalties
for
each such unsolicited communication you send through the Services. For purposes of clarification, exchange of
points
on the Website are not considered a commercial use.
Personal Communications and License to Your Content
Right to Block or Remove Content
(a) You acknowledge and agree that your communications with other users or members via chats, conferences,
bulletin
boards, blogs, posts and any other publicly accessible avenues of communication through the Services are public
and
not private communications. Therefore, we strongly encourage you to use caution before disclosing any personal
information about yourself in your public communications. We are not responsible for information that you choose
to
communicate to other users or members, or for the actions of other users or members, and you agree to indemnify
us
and hold us harmless from any losses, liabilities, damages or expenses you may incur due to such communications
or
actions. Except as provided in our Privacy Policy, once you post, send or otherwise make publicly available any
Content through the Services ("Personal Content"), you expressly grant us, and hereby represent that you have
the
right to grant us, a perpetual, irrevocable, world-wide, assignable, sub-licensable, and transferable right and
license to quote, re-post, use, copy, reproduce, modify, create derivative works of, incorporate into other
works,
distribute, transmit, broadcast, communicate, publicly display, publicly perform and otherwise exploit such
Content
in any form or media, anywhere, and without any notice or compensation to you of any kind. You hereby grant us
all
consents, rights and clearances to enable us to use such Personal Content for such purposes. Personal Content
may be
searchable by, and you may be able to view and search Personal Content on, different websites (i.e., different
URLs
in the form of "co-brands" or "private labels") operated by us or our affiliated entities. Personal Content may
also
be searchable by third-party search engines, such as google, yahoo and bing.
(b) We reserve the right, but not the obligation, to refuse to transmit or post, and to disclose, block or
remove
any Content, including but not limited to, Personal Content, in whole or in part, that we, in our discretion,
deem
to be in violation of these Terms or otherwise harmful to persons using the Services, regardless of whether this
material or its dissemination is unlawful. We retain the right, but not the obligation, to monitor all
transmissions
and postings of Personal Content and other materials from time to time to investigate or prevent violations of
these
Terms. In addition, we may also take reasonable steps, including the limiting or filtering of the number of
emails,
chat messages or posts sent or received by a user or member.
Your Conduct
You further agree not to use the Services to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful (e.g.,
prostitution),
harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's
privacy,
hateful, or racially, ethnically or otherwise objectionable
- harm minors in any way or commit abuse
- impersonate or misrepresent your affiliation with, including acting as an employee of, us or our
affiliated
entities
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content
transmitted
through the Services
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to
make
available under any law or under contractual or fiduciary relationships (such as inside information,
proprietary
and
confidential information learned or disclosed as part of employment relationships or under nondisclosure
agreements)
- upload, post, email, transmit or otherwise make available any Content that infringes any patent,
trademark,
trade secret, copyright or other proprietary rights of any person
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising,
promotional materials, "affiliate marketing codes," "link referral code," or any other form of
commercial
solicitation
- upload, post, email, transmit or otherwise make available any material that contains software viruses or
any
other computer code, files or programs designed to interrupt, destroy or limit the functionality of any
computer
software, hardware, networks or telecommunications equipment
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any
requirements, procedures, policies or regulations of networks connected to the Services, including using
any
device,
software or routine to bypass our robot exclusion headers
- violate any applicable local, state, national or international law, including, but not limited to,
regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other
securities
exchange,
including, but not limited to, the New York Stock Exchange, the American Stock Exchange or the NASDAQ,
and any
regulations having the force of law
- provide material support or resources (or conceal or disguise the nature, location, source, or ownership
of
material support or resources) to any organization(s) designated by the United States government as a
foreign
terrorist organization pursuant to section 219 of the Immigration and Nationality Act
- "stalk" or otherwise harass another person or user or member
- collect or store personal data about other users or members without their consent (including, but not
limited
to, through the use of scripts, bots or web crawlers) or upload, post, email, transmit, chat or
otherwise
disclose
other users' or members' private information
- disclose any telephone numbers, street addresses, last names, URLs or email addresses in any user or
member
profile that you create.
PLEASE REPORT ANY VIOLATIONS OF THIS SECTION OR THESE TERMS TO
OUR EMAIL.
Member Interactions and Disputes
(a) YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND MEMBERS OF THE WEBSITE AND SERVICES.
YOU
UNDERSTAND AND AGREE THAT WE HAVE NO OBLIGATION TO SCREEN OUR USERS OR MEMBERS. INQUIRE INTO THE BACKGROUNDS OF
OUR
USERS OR MEMBERS. OR ATTEMPT TO VERIFY THE STATEMENTS OF OUR USERS OR MEMBERS. WE MAKE NO REPRESENTATIONS OR
WARRANTIES AS TO THE CONDUCT OF USERS OR MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OR
MEMBERS.
IF YOU FIND OTHER USERS' OR MEMBERS' INFORMATION TO BE OFFENSIVE, HARMFUL, INACCURATE AND/OR DECEPTIVE, YOU MAY
USE
THE REPORT ABUSE PAGE PROVIDED ON THE WEBSITE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES
BETWEEN YOU AND OTHER USERS OR MEMBERS OR TO TERMINATE OR BLOCK YOU AND OTHER USERS OR MEMBERS FOR VIOLATIONS OF
THESE TERMS. PLEASE ALSO USE CAUTION, COMMON SENSE, AND SAFETY WHEN USING THE SERVICES TO INTERACT WITH OTHER
USERS
AND MEMBERS. We further reserve the right, but have no obligation, to conduct any credit, criminal or other
background checks using publicly available records, at any time, to confirm your compliance with these Terms.
(b) In the event that you have a dispute with one or more other users or members, you hereby release us, our
parent,
subsidiaries and affiliated entities, and ours and their shareholders, directors, officers, employees, agents,
successors and assigns from any and all claims, demands, damages (actual and consequential), losses and
liabilities
of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of
or
in any way related to such disputes. If you are a California resident, you waive California Civil Code Section
1542,
which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in
his
favor at the time of executing the release, which, if known by him must have materially affected his settlement
with
the debtor."
Termination
(a) We reserve the right to terminate or restrict your access to or use of the Services, without notice or
liability, for any or no reason whatsoever. All decisions regarding the termination of Accounts shall be made
by us in our sole discretion. We are not required, and may be prohibited, from disclosing to you the reason for
termination of your Account, membership or subscription.
Upon termination of these Terms for any reason, those provisions which, by their nature survive termination
shall survive termination in accordance with their respective terms.
Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or
activity
was removed or disabled by mistake or misidentification may be subject to liability.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS-IS" AND WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES TO THE
FULLEST EXTENT PROVIDED BY LAW, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. TO THE EXTENT APPLICABLE LAWS PROHIBIT TERMS OF USE FROM
DISCLAIMING
ANY IMPLIED WARRANTY, SUCH IMPLIED WARRANTY SHALL BE LIMITED TO THE MINIMUM WARRANTY PERIOD REQUIRED BY LAW, AND
IF
NO SUCH PERIOD IS REQUIRED, THEN THIRTY (30) DAYS FROM FIRST USE OF THE SERVICES. WE CANNOT GUARANTEE AND DO NOT
PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT
THE
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS ARISING OUT OF
YOUR
USE, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU
FURTHER
AGREE TO INDEMNIFY US AND HOLD US HARMLESS FOR ANY AND ALL CLAIMS, DAMAGES, LIABILITIES AND EXPENSES IN THE
EVENT
THAT YOU FIND OTHER USERS' OR MEMBERS' CONTENT TO BE OFFENSIVE, HARMFUL, OBSCENE, INACCURATE AND/OR DECEPTIVE.
UNDER
NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE
FORM
OF THE ACTION, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY,
DURING
THE 90 DAY PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. THE FOREGOING
LIMITATIONS
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
You agree to indemnify and hold us, our parent, subsidiaries, and affiliated entities, and ours and
their shareholders, directors, officers, employees, agents, contractors, licensors and licensees, harmless from
any
loss, liability, claim, demand or expense, including but not limited to, reasonable attorney's fees, made by any
third party due to or arising out of your use of the Services or any breach or violation of these Terms.
US Export Controls
Software and Content provided through the Services is subject to United States export
controls. No software or Content from the Services may be downloaded or otherwise exported or re-exported (a)
into
(or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the
U.S. has embargoed goods or (b) to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals
or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any such software or Content,
you
represent and warrant that you are not located in, under the control of, or a national or resident of any such
country or on any such list.
Choice of Law. These Terms shall be governed by the laws of the State of Kansas, without regard to its conflict
of laws rules or principles. You agree to exclusive jurisdiction in Kansas and venue in Johnson County,
Kansas for all arbitration and other proceedings arising out of these Terms.
Arbitration of Disputes
- (a) ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING,
PRESENT OR
FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS)
BETWEEN
YOU
AND US OR ANY OF OUR AFFILIATED ENTITIES OR OURS OR THEIR AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, OR
ASSIGNS
ARISING FROM OR RELATING TO YOUR USE OF OUR WEBSITE, YOUR ACCOUNT, THESE TERMS, THEIR INTERPRETATION, OR
THE
BREACH,
TERMINATION OR VALIDITY HEREOF (INCLUDING THE SCOPE AND VALIDITY OF THIS ARBITRATION AGREEMENT), OR THE
RELATIONSHIPS WHICH RESULT FROM THESE TERMS (INCLUDING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW,
RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), SHALL BE RESOLVED
EXCLUSIVELY AND
FINALLY BY BINDING INDIVIDUAL ARBITRATION.
- (b) Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute
that
includes
your name, residence address, username, email address or phone number you use for your account, a
detailed
description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be sent
by
email at admin@pi4e.com.
Before we
commence arbitration, we will send you a Notice of Dispute that includes a detailed description of the
dispute,
and
the relief we are seeking to the email address you use with your account, or other appropriate means. If
we are
unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we
may
commence
arbitration.
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(c) The arbitration shall be administered by JAMS pursuant to the then in-effect JAMS Streamlined
Arbitration
Rules
& Procedures and Consumer Arbitration Minimum Standards (collectively, the “JAMS Rules”) before a
retired judge
in
Santa Clara County, California or as otherwise required by the JAMS Rules, such as an in-person hearing
in your
hometown area. Any party or third party or their counsel may appear telephonically in any hearings the
same as
if
they were appearing in person, unless otherwise ordered by the arbitrator. In the event such a JAMS
proceeding
is
unavailable for any reason, such disputes shall be governed by the Consumer Arbitration Rules ("AAA
Rules") of
the
American Arbitration Association ("AAA"), and will be administered by the AAA before a single retired
judge.
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(d) The arbitrator shall be empowered to grant whatever relief would be available in a court under law
or in
equity.
Other than initial filing fees as determined by JAMS or the AAA, all other applicable JAMS or AAA
administrative
costs of the arbitration shall be borne by us.
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(e) Notwithstanding the other provisions of these terms, this section shall not prevent you or us from
bringing
an individual claim relating to your use of the website, your account, or arising out of these terms
exclusively
in
small claims court within the scope of such court’s jurisdiction.
-
(f) This Section and the section below are subject to the Federal Arbitration Act, 9 U.S.C. sec. 1-16
(FAA), as
amended. Any award of the arbitrator shall be final and binding on each of the parties, and it may be
entered as
a
judgment in any court of competent jurisdiction. The arbitration proceeding will be limited solely to
the
dispute or
controversy between you and us. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN
A COURT
OR
BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM.
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(g) Nothing in this Section shall be deemed to prohibit either party from seeking an injunction or other
equitable relief in any court of competent jurisdiction to protect or preserve ours or our licensors'
rights in
and
to intellectual property or confidential information.
-
(h) If there is a final judicial determination that any particular claim cannot be arbitrated in
accordance with
this provision, then only that claim (or only that request for relief) may be brought in court. All
other claims
(or
requests for relief) remain subject to this provision.
-
(i) This section does not apply to E.U. residents.
-
(j) UNITED STATES RESIDENTS ONLY: You may opt out of this Section 24 by giving us notice of your intent
to opt
out
before midnight of the third business day following your agreement to this contract. Such notice must be
in
writing
and must state your name, address, AFF username, and personal signature, and must be mailed or
personally
delivered
to 1615 S. Congress Avenue, Suite 103, Delray Beach, FL 33445, USA or sent by email at
arb_notice@ffn.com. If
submitted by mail, your notice need only be mailed before midnight of the third business day following
your
agreement to this contract. Opt out notices sent to any other address, or any other email address, or
communicated
orally, will not be accepted or effective. If you opt out consistent with the procedure set forth above,
all
other
terms shall continue to apply, including without limitation the below Class Action Waiver.
Class Action Waiver
IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE
CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR
IN A
PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS
ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
Electronic Communications
By using the Services, you consent to receiving electronic communications, e.g., email,
from us or our subsidiaries and affiliated entities. These communications will include notices about your
Account
and information concerning or related to the Services. These communications are part of your relationship with
us
and you receive them as part of your membership. You agree that any notice, agreements, disclosures or other
communications that we send to you electronically will satisfy any legal communication requirements, including
but
not limited to, any requirements that such communications be in writing.
Severability
If any provision of this Agreement is held to be unenforceable under applicable law, such provision
shall be excluded from this Agreement, and the balance of this Agreement shall be interpreted as if such
provision
was so excluded and shall be enforceable in accordance with its modified terms.
Translations
These Terms represent the entire understanding between the parties with respect to the
subject
matter hereof and supersede all previous understandings, written, oral or implied. Where we have provided you
with a
translation of the English language version of these Terms, then you agree that the translation is provided for
your
convenience only and that the English language versions of these Terms will govern your relationship with us. If
there is any contradiction between what the English language version of these Terms and any translation, the
English
language version shall take precedence.
Force Majeure
Neither you nor we shall be held responsible for any delay or failure in performance
hereunder caused
by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war, or other causes beyond the
affected party's reasonable control.
Construction
The headings used herein are for convenience only and shall not be deemed to define, limit or construe
the content of any provision of these Terms. The meanings given to terms defined herein will be equally
applicable
to both the singular and plural forms of such terms. Whenever the context may require, any pronoun includes the
corresponding masculine, feminine and neuter forms.
Waiver
Failure to enforce any provision of these Terms shall not constitute a waiver of any term hereof. No waiver
of a breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent
breach
of the same or any other provision hereof, and no waiver shall be effective unless granted in writing and signed
by
an authorized representative of us at our director level or above. You acknowledge that if you request a refund
or
credit from us, our decision to provide this refund or credit shall not act as a release. We are not waiving our
rights to seek redress or recovery for the refund or credit issued along with any other rights of recovery or
damages available to us regarding your use of the Website and your request for a credit or refund.
Limitations of Claims. You agree that any claim or cause of action arising out of or related to these Terms or
your
use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever
barred.
Non-Assignment
You may not resell, assign or transfer any of your rights or obligations under these
Terms without
our prior written consent. We may resell, assign or transfer our rights and obligations under these Terms at any
time without restriction and without notice or consent.
Agreement Binding
This Agreement shall be binding upon the parties and their successors and permitted
assigns.