Terms and Conditions

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PLEASE READ THIS CAREFULLY BECAUSE IT SETS OUT THE TERMS OF A


LEGALLY BINDING AGREEMENT BETWEEN YOU (THE “CLIENT”, “YOU”, OR


“YOUR”) AND UNLIMITEDPOLLS.COM (THE


“COMPANY”, “WE” OR “US”), THE OWNER AND OPERATOR OF COOLFREEGIVEWAYS.COM, WHOSE OFFICE IS LOCATED AT 304 S. Jones Blvd #1643Las Vegas NV 89107. THIS PAGES SETS OUT THE TERMS & CONDITIONS (THE “TERMS”) ON


WHICH YOU MAY USE THE UNLIMITEDPOLLS.COM WEBSITE


AND THECONTENT/SERVICES AVAILABLE THROUGH IT (COLLECTIVELY, THE


“SERVICES”).


ACCEPTANCE OF TERMS OF SERVICE. BY USING THE SERVICES, IRRESPECTIVE OF


THE DELIVERY PLATFORM YOU USE TO ACCESS THEM, YOU ACKNOWLEDGE


AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE WITH ANY OF


THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE THE


SERVICES.


CHANGES TO TERMS OF SERVICE


RIGHT TO CHANGE TERMS. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE


DISCRETION, TO CHANGE THESE TERMS (“UPDATED TERMS”) FROM TIME TO


TIME.


NOTICE OF UPDATED TERMS. YOU AGREE THAT THE COMPANY MAY NOTIFY


YOU OF THE UPDATED TERMS BY POSTING THEM ON THIS PAGE.


ACCEPTANCE OF UPDATED TERMS. YOUR USE OF THE SERVICES AFTER THE


EFFECTIVE DATE OF THE UPDATED TERMS CONSTITUTES YOUR ACCEPTANCE OF


THE UPDATED TERMS. EFFECTIVE DATE OF UPDATED TERMS. THE UPDATED


TERMS WILL BE EFFECTIVE AS OF THE TIME OF POSTING, OR SUCH LATER DATE


AS MAY BE SPECIFIED IN THE UPDATED TERMS, AND WILL APPLY TO YOUR USE


OF THE SERVICES FROM THAT POINT FORWARD.


USE OF SERVICES


LICENSE. DURING THE TERM OF THIS AGREEMENT, THE COMPANY GRANTS YOU


A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE LICENSE TO ACCESS THE


SERVICES FOR YOUR PERSONAL AND NON-COMMERCIAL USE IN ACCORDANCE


WITH THESE TERMS.


INTELLECTUAL PROPERTY RIGHTS. THE DESIGN, TRADEMARKS, SERVICE


MARKS, AND LOGOS OF THE SERVICES (“MARKS”), ARE OWNED BY OR LICENSED


TO THE COMPANY, SUBJECT TO COPYRIGHT AND OTHER INTELLECTUAL


PROPERTY RIGHTS UNDER THE LAWS OF THE UNITED STATES, FOREIGN LAWS


AND INTERNATIONAL CONVENTIONS. THE COMPANY RESERVES ALL RIGHTS


NOT EXPRESSLY GRANTED IN AND TO THE SERVICES. YOU AGREE TO NOT


ENGAGE IN THE USE, COPYING, OR DISTRIBUTION OF ANY OF THE SERVICES


OTHER THAN EXPRESSLY PERMITTED.


USER CONDUCT


YOU MAY NOT ENGAGE IN ANY OF THE FOLLOWING PROHIBITED ACTIVITIES:


COPYING, DISTRIBUTING, OR DISCLOSING ANY PART OF THE SERVICES IN ANY


MEDIUM, INCLUDING WITHOUT LIMITATION BY ANY AUTOMATED OR


NONAUTOMATED


“SCRAPING” USING ANY AUTOMATED SYSTEM, INCLUDING


WITHOUT LIMITATION “ROBOTS,” “SPIDERS,” “OFFLINE READERS,” AND OTHER


SUCH SYSTEMS, TO ACCESS THE SERVICES,


TRANSMITTING SPAM, CHAIN LETTERS, OR OTHER UNSOLICITED EMAIL,


ATTEMPTING TO INTERFERE WITH, COMPROMISE THE SYSTEM INTEGRITY OR


SECURITY, OR DECIPHER ANY TRANSMISSIONS TO OR FROM THE SERVERS


RUNNING THE SERVICES, AKING ANY ACTION THAT IMPOSES, OR MAY IMPOSE


AT OUR SOLE DISCRETION AN UNREASONABLE OR DISPROPORTIONATELY


LARGE LOAD ON SERVICES’ INFRASTRUCTURE, UPLOADING INVALID DATA,


VIRUSES, WORMS, OR OTHER SOFTWARE AGENTS THROUGH THE SERVICES,


COLLECTING OR HARVESTING ANY PERSONALLY IDENTIFIABLE INFORMATION,


INCLUDING ACCOUNT NAMES, FROM THE SERVICES,


USING THE SERVICES FOR ANY COMMERCIAL SOLICITATION PURPOSES,


IMPERSONATING ANOTHER PERSON OR OTHERWISE MISREPRESENTING YOUR


AFFILIATION WITH A PERSON OR ENTITY, CONDUCTING FRAUD, HIDING OR


ATTEMPTING TO HIDE YOUR IDENTITY, INTERFERING WITH THE PROPER


WORKING OF THE SERVICES, ACCESSING ANY CONTENT ON THE SERVICES


THROUGH ANY TECHNOLOGY OR MEANS OTHER THAN THOSE PROVIDED OR


AUTHORIZED BY THE COMPANY, OR BYPASSING THE MEASURES WE MAY USE


TO PREVENT OR RESTRICT ACCESS TO THE SERVICES, INCLUDING WITHOUT


LIMITATION FEATURES THAT PREVENT OR RESTRICT USE OR COPYING OF ANY


CONTENT OR ENFORCE LIMITATIONS ON USE OF THE SERVICES.


YOUR ACCOUNT


ACCOUNT CREATION. YOU MUST COMPLETE THE REGISTRATION PROCESS BY


PROVIDING THE COMPANY WITH CURRENT, COMPLETE, AND ACCURATE


INFORMATION AS PROMPTED BY THE APPLICABLE REGISTRATION FORM.


RESPONSIBILITY FOR ACCOUNT. YOU ARE ENTIRELY RESPONSIBLE FOR


MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT.


FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL


ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO NOTIFY THE


COMPANY IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR


ANY OTHER BREACH OF SECURITY.


LIABILITY FOR ACCOUNT MISUSE. THE COMPANY WILL NOT BE LIABLE FOR ANY


LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR


PASSWORD OR ACCOUNT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. YOU


COULD BE HELD LIABLE FOR LOSSES INCURRED BY THE COMPANY OR ANOTHER


PARTY DUE TO SOMEONE ELSE USING YOUR ACCOUNT OR PASSWORD.


USE OF OTHER ACCOUNTS. YOU MAY NOT USE ANYONE ELSE’S ACCOUNT AT


ANY TIME, WITHOUT THE PERMISSION OF THE ACCOUNT HOLDER.


ACCOUNT SECURITY. THE COMPANY CARES ABOUT THE INTEGRITY AND


SECURITY OF YOUR PERSONAL INFORMATION. HOWEVER, THE COMPANY


CANNOT GUARANTEE THAT UNAUTHORIZED THIRD PARTIES WILL NEVER BE


ABLE TO DEFEAT THE SERVICES’ SECURITY MEASURES OR USE ANY PERSONAL


INFORMATION YOU PROVIDE TO US FOR IMPROPER PURPOSES. YOU


ACKNOWLEDGE THAT YOU PROVIDE YOUR PERSONAL INFORMATION AT YOUR


OWN RISK.


USER CONTENT


CONTENT OWNERSHIP. YOU RETAIN ALL OWNERSHIP RIGHTS TO CONTENT THAT


YOU UPLOAD TO THE SERVICES. CONTENT LICENSE. BY SUBMITTING CONTENT


TO SITE, YOU GRANT THE COMPANY A WORLDWIDE, NON-EXCLUSIVE,


ROYALTY-FREE, SUB-LICENSABLE AND TRANSFERABLE LICENSE TO USE,


REPRODUCE, DISTRIBUTE, PREPARE DERIVATIVE WORKS OF, DISPLAY, AND


PERFORM THE CONTENT IN CONNECTION WITH THE SERVICES AND THE


COMPANY’S (AND ITS SUCCESSORS’ AND AFFILIATES’) BUSINESS, INCLUDING


WITHOUT LIMITATION FOR PROMOTING AND REDISTRIBUTING PART OR ALL OF


THE SERVICES (AND DERIVATIVE WORKS THEREOF) IN ANY MEDIA FORMATS


AND THROUGH ANY MEDIA CHANNELS. LINKS. THE SERVICES MAY FEATURE


LINKS TO THIRD-PARTY WEBSITES OR RESOURCES. YOU ACKNOWLEDGE AND


AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR: (I) THE


AVAILABILITY OR ACCURACY OF SUCH WEBSITES OR RESOURCES, OR (II) THE


CONTENT, PRODUCTS, OR SERVICES ON OR AVAILABLE FROM SUCH WEBSITES


OR RESOURCES. LINKS TO SUCH WEBSITES OR RESOURCES DO NOT IMPLY ANY


ENDORSEMENT BY THE COMPANY OF THOSE WEBSITES OR RESOURCES. YOU


ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING


FROM YOUR USE OF ANY SUCH WEBSITES OR RESOURCES.


THIRD PARTY CONTENT. THROUGH THE SITE, YOU WILL HAVE THE ABILITY TO


ACCESS AND/OR USE CONTENT PROVIDED BY THIRD PARTIES. THE COMPANY


CANNOT GUARANTEE THAT SUCH THIRD PARTY CONTENT WILL BE FREE OF


MATERIAL YOU MAY FIND OBJECTIONABLE OR OTHERWISE. THE COMPANY


DISCLAIMS ANY RESPONSIBILITY OR LIABILITY RELATED TO YOUR ACCESS OR


USE OF ANY THIRD PARTY CONTENT.


PRIVACY. FOR INFORMATION ABOUT HOW THE COMPANY COLLECTS, USES, AND


SHARES YOUR INFORMATION, PLEASE REVIEW OUR PRIVACY POLICY. YOU


AGREE THAT BY USING THE SITE YOU CONSENT TO THE COLLECTION, USE, AND


SHARING (AS SET FORTH IN THE PRIVACY POLICY) OF SUCH INFORMATION.


COPYRIGHT POLICY. THE COMPANY RESPECTS THE INTELLECTUAL PROPERTY


RIGHTS OF OTHERS. WE WILL RESPOND TO NOTICES OF ALLEGED COPYRIGHT


INFRINGEMENT THAT COMPLY WITH APPLICABLE LAW AND ARE PROPERLY


PROVIDED TO US. IF YOU BELIEVE THAT YOUR CONTENT HAS BEEN COPIED IN A


WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT, PLEASE SUBMIT THE


FOLLOWING INFORMATION TO [YOUR EMAIL ADDRESS]:


A PHYSICAL OR ELECTRONIC SIGNATURE OF THE COPYRIGHT OWNER OR A


PERSON AUTHORIZED TO ACT ON THEIR BEHALF, IDENTIFICATION OF THE


COPYRIGHTED WORK CLAIMED TO HAVE BEEN INFRINGED, IDENTIFICATION OF


THE MATERIAL THAT IS CLAIMED TO BE INFRINGING OR TO BE THE SUBJECT OF


INFRINGING ACTIVITY AND THAT IS TO BE REMOVED OR ACCESS TO WHICH IS


TO BE DISABLED, AND INFORMATION REASONABLY SUFFICIENT TO PERMIT US


TO LOCATE THE MATERIAL, YOUR CONTACT INFORMATION, INCLUDING YOUR


ADDRESS, TELEPHONE NUMBER, AND AN EMAIL ADDRESS, A STATEMENT BY


YOU THAT YOU HAVE A GOOD FAITH BELIEF THAT USE OF THE MATERIAL IN


THE MANNER COMPLAINED OF IS NOT AUTHORIZED BY THE COPYRIGHT OWNER,


ITS AGENT, OR THE LAW, AND A STATEMENT THAT THE INFORMATION IN THE


NOTIFICATION IS ACCURATE, AND, UNDER PENALTY OF PERJURY, THAT YOU


ARE AUTHORIZED TO ACT ON BEHALF OF THE COPYRIGHT OWNER.


PROMOTIONS. SOME PARTIES MAY PROMOTE COMPETITIONS, PROMOTIONS,


PRIZE DRAWS AND OTHER SIMILAR OPPORTUNITIES THROUGH THE SERVICES


(“THIRD PARTY COMPETITIONS”). THE COMPANY IS NOT THE SPONSOR OR


PROMOTER OF THESE THIRD PARTY COMPETITIONS AND DOES NOT BEAR ANY


RESPONSIBILITY OR LIABILITY FOR THE ACTIONS OR INACTIONS OF ANY THIRD


PARTIES WHO ORGANIZE, ADMINISTER OR ARE OTHERWISE INVOLVED IN ANY


OF PROMOTION OF THESE THIRD PARTY COMPETITIONS. IF YOU WISH TO


PARTICIPATE IN ANY OF THESE THIRD PARTY COMPETITIONS, YOU ARE


RESPONSIBLE FOR READING AND ENSURING THAT YOU UNDERSTAND THE


APPLICABLE RULES AND ANY ELIGIBILITY REQUIREMENTS AND ARE LAWFULLY


ABLE TO PARTICIPATE IN SUCH THIRD PARTY COMPETITIONS IN YOUR COUNTRY


OF RESIDENCE.


TERMINATION


TERMINATION UPON NOTICE. EITHER PARTY MAY TERMINATE THIS AGREEMENT


AT ANY TIME BY NOTIFYING THE OTHER PARTY.


TERMINATION BY THE COMPANY. THE COMPANY MAY TERMINATE OR SUSPEND


YOUR ACCESS TO OR ABILITY TO USE THE SERVICES IMMEDIATELY, WITHOUT


PRIOR NOTICE OR LIABILITY, FOR ANY REASON OR NO REASON, INCLUDING


BREACH OF THIS AGREEMENT. IN PARTICULAR, THE COMPANY MAY


IMMEDIATELY TERMINATE OR SUSPEND ACCOUNTS THAT HAVE BEEN FLAGGED


FOR REPEAT COPYRIGHT INFRINGEMENT.


EFFECT OF TERMINATION.UPON TERMINATION OF YOUR ACCESS TO OR ABILITY


TO USE THE SERVICES, YOUR RIGHT TO USE OR ACCESS THE SERVICES WILL


IMMEDIATELY CEASE.


SURVIVAL OF PROVISIONS. THE TERMS’ PROVISIONS THAT BY THEIR NATURE


SHOULD SURVIVE TERMINATION SHALL SURVIVE TERMINATION, INCLUDING,


WITHOUT LIMITATION, OWNERSHIP PROVISIONS, WARRANTY DISCLAIMERS,


AND LIMITATIONS OF LIABILITY. TERMINATION OF YOUR ACCESS TO AND USE


OF THE SERVICES SHALL NOT RELIEVE YOU OF ANY OBLIGATIONS ARISING OR


ACCRUING PRIOR TO TERMINATION OR LIMIT ANY LIABILITY THAT YOU


OTHERWISE MAY HAVE TO THE COMPANY OR ANY THIRD PARTY.


DISCLAIMERS. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY


WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER


APPLICABLE LAW, THE COMPANY DISCLAIMS ALL SUCH WARRANTIES, EXPRESS


OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF


MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT,


ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF


CONTENT, OR AVAILABILITY.


LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY


APPLICABLE LAW IN NO EVENT SHALL THE COMPANY BE LIABLE FOR: ANY


DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER


DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS


OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT


(INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT


OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE


SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR


RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM


THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,


DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN


OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE.


INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS


THE COMPANY, ITS SUBSIDIARIES AND AFFILIATED COMPANIES, AND THEIR


OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS FROM AND


AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, OBLIGATIONS,


LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING ATTORNEYS’


FEES AND COSTS) AND ALL AMOUNTS PAID IN SETTLEMENT ARISING FROM OR


RELATING TO USE OF THE SERVICES. THE COMPANY MAY ASSUME THE


EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU HAVE


AGREED TO INDEMNIFY THE COMPANY AND YOU AGREE TO ASSIST AND


COOPERATE WITH THE COMPANY IN THE DEFENSE OR SETTLEMENT OF ANY


SUCH MATTERS.


EARNINGS


EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT


AND IT'S POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE


ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO


GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND


IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE


INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING


POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT,


THEIR IDEAS AND TECHNIQUES. WE DO NOT PURPORT THIS AS A "GET RICH


SCHEME."


ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS


ARE NOT TYPICAL. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS


CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE


PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE


AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO


INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR


ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.


MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN INFORMATION


THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN


THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995.


FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF


FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT


THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE


WORDS SUCH AS "ANTICIPATE," "ESTIMATE," "EXPECT," "PROJECT," "INTEND,"


"PLAN," "BELIEVE," AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN


CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL


PERFORMANCE.


ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR


SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS


POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR


ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE


RESULTS SIMILAR TO OURS OR ANYBODY ELSES, IN FACT NO GUARANTEES ARE


MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND


TECHNIQUES IN OUR MATERIAL.


AS WITH ANY BUSINESS, YOUR RESULTS MAY VARY, AND WILL BE BASED ON


YOUR BACKGROUND, DEDICATION, DESIRE AND MOTIVATION. WE MAKE NO


GUARANTEES REGARDING THE LEVEL OF SUCCESS YOU MAY EXPERIENCE. ANY


TESTIMONIALS AND EXAMPLES USED ARE EXCEPTIONAL RESULTS, WHICH DO


NOT APPLY TO THE AVERAGE PURCHASER, AND ARE NOT INTENDED TO


REPRESENT OR GUARANTEE THAT ANYONE WILL ACHIEVE THE SAME OR


SIMILAR RESULTS. YOU MAY ALSO EXPERIENCE UNKNOWN OR UNFORESEEABLE


RISKS WHICH CAN REDUCE RESULTS. WE ARE NOT RESPONSIBLE FOR YOUR


ACTIONS.


ARBITRATION


CLAIM PROCEDURE. FOR ANY DISPUTE YOU HAVE WITH THE COMPANY, YOU


AGREE TO FIRST CONTACT THE COMPANY AND ATTEMPT TO RESOLVE THE


DISPUTE INFORMALLY. IF THE COMPANY HAS NOT BEEN ABLE TO RESOLVE THE


DISPUTE WITH YOU INFORMALLY, WE EACH AGREE TO RESOLVE ANY CLAIM,


DISPUTE, OR CONTROVERSY (EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER


EQUITABLE RELIEF) ARISING OUT OF OR IN CONNECTION WITH OR RELATING TO


THIS AGREEMENT BY BINDING ARBITRATION BY THE AMERICAN ARBITRATION


ASSOCIATION (“AAA”) UNDER THE COMMERCIAL ARBITRATION RULES AND


SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES THEN IN


EFFECT FOR THE AAA, EXCEPT AS PROVIDED HEREIN.


ARBITRATION LOCATION. UNLESS YOU AND THE COMPANY AGREE OTHERWISE,


THE ARBITRATION WILL BE CONDUCTED IN THE COUNTY WHERE YOU RESIDE.


ARBITRATION FEES. EACH PARTY WILL BE RESPONSIBLE FOR PAYING ANY AAA


FILING, ADMINISTRATIVE AND ARBITRATOR FEES IN ACCORDANCE WITH AAA


RULES, EXCEPT THAT THE COMPANY WILL PAY FOR YOUR REASONABLE FILING,


ADMINISTRATIVE, AND ARBITRATOR FEES IF YOUR CLAIM FOR DAMAGES DOES


NOT EXCEED $5,000 AND IS NON-FRIVOLOUS (AS MEASURED BY THE STANDARDS


SET FORTH IN FEDERAL RULE OF CIVIL PROCEDURE 11(B)).


ARBITRATION AWARD. THE AWARD RENDERED BY THE ARBITRATOR SHALL


INCLUDE COSTS OF ARBITRATION, REASONABLE ATTORNEYS’ FEES AND


REASONABLE COSTS FOR EXPERT AND OTHER WITNESSES, AND ANY JUDGMENT


ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY


COURT OF COMPETENT JURISDICTION.


INJUNCTIVE RELIEF. NOTHING IN THIS SECTION SHALL PREVENT EITHER PARTY


FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS


FOR MATTERS RELATED TO DATA SECURITY, INTELLECTUAL PROPERTY OR


UNAUTHORIZED ACCESS TO THE SERVICE.


CLASS ACTIONS. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL


CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED


CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE,


THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.


WAIVER OF JURY TRIAL. YOU AGREE THAT, BY ENTERING INTO THESE TERMS,


YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY


OR TO PARTICIPATE IN A CLASS ACTION.


GOVERNING LAW. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED


IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES, WITHOUT REGARD


TO ITS CONFLICT OF LAWS RULES.


FEEDBACK. WE WELCOME ANY COMMENTS, QUESTIONS AND FEEDBACK.


PLEASE DIRECT YOUR COMMUNICATION TO [YOUR EMAIL].


CHANGES TO THE POLICY


THE COMPANY RESERVES THE RIGHT AMEND THE POLICY. PLEASE CHECK BACK


REGULARLY TO SEE UPDATES TO THE POLICY. YOUR CONTINUED USE OF THE


WEBSITE AND SERVICES FOLLOWING UPDATES TO THE POLICY INDICATES YOUR


ACCEPTANCE OF SUCH UPDATES