Welcome to DLM University, the online or live knowledge platform for students, learners, caregivers and related professionals including the Licensed Educational Content (as defined below) (collectively, the “Service”), operated by DIFFERENT LIKE ME, INC., a Florida corporation, d/b/a DLM University (the “Company” or “DLM University“). The Service is available through our website located at http://differentlikeme.com/
If you do not accept and agree to be bound by all of the terms of this Agreement, do not use the Website or the Service. The Company may revise and update these Terms and Conditions at any time to be effective upon posting such revisions. Your continued usage of the Website will mean you accept those changes. Please contact us with any questions regarding this Agreement.
- Eligibility. You hereby represent and warrant that you have all authority necessary to bind yourself to these Terms.
- In order to use certain features on the Website, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to the Company, whether at registration or at any other time, will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure, then you agree to immediately notify Company at [email protected]. You may be liable for losses incurred by the Company or others due to any unauthorized use of your account.
- The Company may make available certain features and tools that permit certain Users, including, but not limited to, educators, mental health professionals, caregivers, community centers, day care centers, or memory care facilities (collectively, “Professional Users”), to provide educational materials, programming, videos, web-based seminars and trainings, live seminars and trainings, PowerPoint presentation slides, audio of presenters and participants, video of presenters and participants, and/or still photographs of presenters and participants. tutorials, educational and other education and mental health-related services (collectively, the “Recordings”).
- IF YOU ARE USING THE COMPANY’S SERVICES ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A “SUBSCRIBING ORGANIZATION”) THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS; (II) HAVE READ THE FOREGOING TERMS; (III) UNDERSTAND THESE TERMS; AND (IV) AGREE TO THESE TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION.
- The Company features, tools and products are intended for (i) individual use by Professional Users only and (ii) for Subscribing Organizations. Professional Users acknowledge that they are using the Website and Services for their personal use and shall not disclose their user account and password to any other users. Subscribing Organizations may disseminate their user account and password to as many individuals in the organization as needed. Use of the Website and Services for other than its intended purposes shall constitute sufficient grounds for termination of your account.
- By accessing any of Services, you agree and consent to the Company’s making Recordings of any Service. Furthermore, the Company shall have the worldwide rights to use, repurpose, publicly display, create derivatives, and/or rebroadcast the Recordings in all formats and media, in any part of the world for an unlimited period of time. You hereby grant the Company an unqualified right to reproduce, publish, circulate or otherwise use any and all Recordings collected and/or produced by the Company or on its behalf by any other person, and in any form or manner the Company deems fit. You hereby release the Copmany from any and all claims against the Company, or any other person, firm or corporation by reason of any such use of such Recordings.
- Some of the Services provided by the Company may qualify for professional educational or continuing educational credit. In order to receive any such credit, you will be required to attend and be present for the live training or live webinar and for on demand classes and you will be required to complete and pass any required examination. You are responsible for complying with all requirements necessary in order to receive credit from your professional licensing organization, including without limitation, reporting your completion of the subject course and passing the required examination.
- Due to the human component of live training portions of the Services, the Company reserves the right to modify, delay, reschedule, cancel or terminate any live training portions of the Services in its sole and absolute discretion.
- This Website Does Not Provide Medical Advice.
- THE CONTENTS OF THE WEBSITE, SUCH AS TEXT, GRAPHICS, VIDEOS, IMAGES AND OTHER MATERIAL CONTAINED ON THE WEBSITE (“CONTENT”) ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. FURTHER, USE OF THIS WEBSITE SHALL NOT CONSTITUTE ESTABLISHMENT OF A PHYSICIAN/PATIENT OR CLINICAL RELATIONSHIP WITH ANY INDIVIDUAL, NOR ESTABLISHMENT OF OR OFFER TO ENTER INTO A BUSINESS RELATIONSHIP WITH ANY INSTITUTION OR ORGANIZATION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL OR MENTAL HEALTH CONDITION. THE COMPANY IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER’S PART BASED ON THE INFORMATION THAT IS PRESENTED ON THE WEBSITE.
- By accessing the Website or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. Please print a copy of this Agreement for your records. To receive a non-electronic copy of this Agreement, please Contact Us.
- By using the Service, you consent to receive this Agreement in electronic form. To withdraw this consent, you must cease using the Service.
- Term and Termination.
- Termination by the Company. The Company, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with the Company or your use of the Website and remove and discard all or any part of your account and User profile at any time. The Company may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website and Services or any account You may have, or portion thereof, may be affected without prior notice, and You agree that the Company will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have at law or in equity. As discussed herein, the Company does not permit copyright, trademarks, or other intellectual property infringing activities on the Website, and will terminate access to the Website by any Users who are found to be repeat infringers.
- Termination by You. If you do not wish to access the Services you paid for, you may delete your login account with the Website and discontinuing use of any and all parts of the Website and Service. All payments made to the Company are non-refundable, and you will not receive any refund, rebate or credit for any payments made by you or on your behalf..
- User Remedies. Your only remedy with respect to any dissatisfaction with (i) the Website, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of the Company in operating the Website, or (v) any content or information transmitted through the Website, is to terminate this Agreement and your account.
- Account Security.
You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security, and ensure that you log out from your account at the end of each session.
- Proprietary Materials; Licenses.
- Proprietary Materials. The Website is owned by the Company. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Website (“Website Materials”) are protected by United States and international copyright, patent and trademark laws, international conventions and other applicable laws governing intellectual property and proprietary right. All Website Materials and all trademarks, services marks and trade names contained on or available through the Website are owned by the Company, and the Company reserves all rights there in and thereto not expressly granted by these Terms. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Website or through the Service, without first obtaining the prior written consent of the Company. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
- Licensed Educational Content. The Company may make available on the Website certain educational videos, exercises, and related supplementary materials that are owned by or licensed by the Company (the “Licensed Educational Content”). When you purchase a license for one of our Licensed Educational Content, the Company grants to you a one-time, non-exclusive, non-transferable right to access and use the Licensed Educational Content as made available on the Website by the Company solely for your personal, non-commercial purposes. You may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third party.
- Non-Commercial Use. The Licensed Educational Content is intended for personal, non-commercial use only. The Licensed Educational Content may not be used, distributed or otherwise exploited for any commercial purpose, commercial advantage or private monetary compensation, unless otherwise previously agreed in writing by the Company.
- Impermissible Uses. Without limiting the generality of the foregoing, the following are types of uses that the Company expressly defines as falling outside of “non-commercial” use:
- the sale or rental of (1) any part of the Licensed Educational Content, (2) any derivative works based at least in part on the Licensed Educational Content, or (3) any collective work that includes any part of the Licensed Educational Content;
- providing training, support, or editorial services that use or reference the Licensed Educational Content in exchange for a fee; and
- the sale of advertisements, sponsorships, or promotions placed on the Licensed Educational Content, or any part thereof, or the sale of advertisements, sponsorships, or promotions on any website or blog containing any part of the Licensed Educational Content, including without limitation any “pop-up advertisements”.
- Use Characterization. Whether a particular use of the Licensed Educational Content is “non-commercial” depends on the use, not the user. Thus, a use of the Licensed Educational Content that does not require that users pay fees and that does not provide an entity with a commercial advantage is “non-commercial,” even if this use is by a commercial entity. Conversely, any use that involves charging users in connection with their access to the Licensed Educational Content is not “non-commercial,” even if this use is by a nonprofit entity.
- Impermissible Uses. Without limiting the generality of the foregoing, the following are types of uses that the Company expressly defines as falling outside of “non-commercial” use:
- Prohibited Activities.
The Company reserves the right to investigate and/or terminate your use of the Service if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful. The following is a non-exhaustive list of the type of actions that you may not engage in with respect to the Website. YOU AGREE NOT TO:
- use the Website for any commercial use or purpose unless expressly permitted by the Company in writing, it being understood that the Website and related services are intended for personal, non-commercial use only;
- except as expressly permitted by this Agreement, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any Website Materials;
- post, upload, or distribute any content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, or perform any other fraudulent activity;
- delete the copyright or other proprietary rights notices on the Website or on any Licensed Educational Content;
- express or imply that any statements you make are endorsed by the Company without the Company’s specific prior written consent;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website, Service or its contents;
- email or otherwise transmit 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 or hardware or telecommunications equipment;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Website (either directly or indirectly through use of third party software);
- modify, adapt, sublicense, translate, sell, reverse engineer, create derivate works, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Website, or cause others to do so;
- use the Website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
- defame, harass, abuse, threaten or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent; or
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, Licensed Educational Content, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website or Licensed Educational Content.
- Modifications to Service.
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Website, the Licensed Educational Content or the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or Service. To protect the integrity of the Website or the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website or Service.
THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT, USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY, AND ITS AFFILIATES AND LICENSORS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATEDHEREIN.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.
From time to time, the Company may make third party opinions, advice, statements, offers, Licensed Educational Content , programming, or other third party information or content available on the Website and/or through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICE, OR TRANSMITTED TO OR BY ANY MEMBERS.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website or through the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website or Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
The Website may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
- Limitation on Liability.
- Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, KHAN ACADEMY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
- Limitation of Liability. IN NO EVENT WILL THE COMPANY’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER .
- Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS OFFERED THE WEBSITE AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE WEBSITE OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
- Arbitration and Governing Law.
- The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. You may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
- By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of this Section (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”) The Notice to the Company should be sent to the Copmany, 1200 N.W. 17th Avenue, Suite 12, Delray Beach, Florida 33445. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and the Company are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or the Company may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to the Company, 1200 N.W. 17th Avenue, Suite 12, Delray Beach, Florida 33445. Any settlement offer made by you or the Company shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in Palm Beach County, Florida or at another mutually agreed location. If the value of the relief sought is $10,000 or less, the parties may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on the parties subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, the parties may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Any proceeding to enforce this agreement to arbitrate disputes, including any proceeding to confirm, modify, or vacate an arbitration award, shall be commenced only in the federal or state courts situated in Palm Beach County, Florida. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company may be commenced only in the federal or state courts located in Palm Beach County, Florida. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Florida without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Indemnity by User.You hereby agree to defend, indemnify and hold harmless the Company, its owners, parents, subsidiaries, and/or affiliates, and its and their respective officers, directors, employees, agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (a) any claim, damage, obligation, loss or liability related to or arising from your use of and access to the Website, (b) your violation of any term of this Agreement, (c) your violation of any third party right, including without limitation any copyright, property, or privacy right, or (d) any claim that one of your use of the Website or Service caused damage to a third party, including but not limited to any claim of defamation, right of publicity, unfair competition, or allegation of obscenity related to your use of the Website or Service. This defense and indemnification obligation will survive this Agreement and your use of the Website or Service.
- Notice.The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. Such notices may not be received if you violate this Agreement by accessing the Website in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Website in an authorized manner.
- Amendment.This Agreement is subject to change by the Company at any time. To help you stay current of any changes, the Company notes the date these Terms were last updated below. Your use of the Website following the posting of any revised Terms shall be deemed acceptance of the revised Terms. The Company recommends checking these Terms periodically. If you disagree with the provisions of these Terms at any time, your sole remedy is to terminate your use of the Website and Service. Continued use of the Website and Service constitutes your agreement to these Terms as in effect.