This website (the “Site”) is operated by 7 CH MOTIVATIONAL LLC, referred to herein as “Alejandro Chabán,” “we”, “us” and “our.”. Alejandro Chabán offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service are a legally binding agreement and apply to all users of the site, including without limitation users who are browsers, customers, and/ or contributors of content.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHICH CONTAIN AN ARBITRATION AGREEMENT, A WAIVER OF CLASS ACTION RIGHTS, AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE SITE OR USE THE SERVICES. IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF SERVICE.
Any new features or tools which are added to the Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ELIGIBILITY
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, or that you are the age of majority in your state or territory of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature through this Site.
A breach or violation of any of the Terms will result in an immediate termination of your Service. If you have been previously terminated from use of the Service, you are not permitted to access the Site or Service.
SECTION 2 – LICENSE TO USE THE SITE
Subject to your compliance with the Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Site and use the Service for your personal, non-commercial use. We reserve the right to monitor the Site for the purpose of determining that your usage complies with the Terms.
SECTION 3 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, distribute, sell, resell, reverse engineer, decompile, modify, create derivative works of, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and Subscriptions are subject to change without notice. Any Subscription that you have already paid for as of the date of the change will not be affected by the change for the remainder of the then-current Subscription term.
We may, from time to time in our sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable, not redeemable for cash, credit, or toward previous purchases, cannot be combined with any other offer, and must be redeemed by the expiration date. Lost promotional codes cannot be replaced. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional code may be terminated or modified by us at any time in our sole discretion.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – LIMITATION OF PRODUCTS OR SERVICES (if applicable)
The products or services available through the Site may have limited quantities and are subject to return or exchange only according to our refund policies set forth herein.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse, limit, or cancel orders, quantities, or accounts, in our sole discretion. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
If you create an account, you agree to provide current, complete and accurate information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You are responsible for all activities that occur under your account, with or without your knowledge. You are responsible for the security of your account and you agree to notify us immediately of any unauthorized use of your account. Each customer must create their own account and may not use anyone else’s account.
We have no obligation to keep a record of your account or any of your account information
SECTION 7 – PAYMENT
You authorize us (and any payment processor) to charge your payment card for all purchases you make, including regularly for Subscriptions (defined below). We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete information to us, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation: (i) if you attempt to use the Site in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Site in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) you fail to cooperate in an investigation or provide additional information when requested.
You are solely responsible for the payment of any customs duties, sales, use, value-added, excise, federal, state, local or other taxes taxes related to your purchases through the Site. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.
SECTION 8 – COURSES
We offer various 12-week courses (each, a “Master Course”) for purchase through the Site (the “Course Content”). Courses are pre-paid in full and Course Content will be made available to you in the form of 12 weekly sub-classes per Course. You may view all Course Content that you have accumulated on a weekly basis as long as you have an active account with us. If you inactivate, cancel or delete your account, the Course Content will no longer be available to you. Course Content may not be downloaded or exported, as more particularly set forth herein.
When you purchase a Course, your payment method will immediately be charged the then-current Course price.
All Courses may be cancelled within the first 15 days following your purchase and you will receive a refund of all amounts paid. Courses become non-refundable, without exception, after this 15-day period has passed. You are responsible for tracking this 15-day period and the expiration of your right to cancel your purchase and receive a refund.
SECTION 9 – SUBSCRIPTIONS
In addition to purchasing ad hoc products and services through the Site, we offer various subscription plans. Currently our subscription plans include options for a 1-month, 3-month, 6-month, or annual Subscription. Subscription Content will be made available to you on a weekly basis during your Subscription. You may view all Subscription Content that you have accumulated on a weekly basis during the term of your Subscription. However, Subscription Content will only be available to you if you have an active Subscription with us. Subscription Content may not be downloaded or exported, as more particularly set forth herein.
When you sign up for a Subscription, your payment method will immediately be charged the then-current Subscription price, or, if you are participating in a free trial, your payment method will be charged at the conclusion of the free trial period if you have not cancelled your Subscription prior to the conclusion of the free trial period.
All Subscriptions are non-refundable except as follows.
• 1-Month Subscriptions: Monthly Subscriptions are non-refundable.
• 3-Month, 6-Month, and Annual Subscriptions: 3-month Subscriptions may be cancelled within the first 30 days of your Subscription and you will receive a refund of amounts paid, prorated for the remaining months of your Subscription (for example, if you have paid for a 6-month Subscription, you will receive a refund for months 2-5).
Subscriptions automatically renew for the same length as your initial Subscription term on the next scheduled billing date unless you cancel your Subscription in accordance with these Terms.
Subscriptions may be cancelled any time, subject to these Terms. If you reactive a cancelled Subscription at a later date, you will have access to the Subscription Content you had previously purchased.
SECTION 10 – REFUNDS PROCESSING
In order to cancel a Subscription or Course, and receive a refund in accordance with these Terms, you must do the following: call us at 1-855-794-3272, indicate that you wish to cancel and follow the instructions given. You must contact us and complete cancellation within the timeframes stated herein for your cancellation to be effective in a timely fashion. There are no cancellation fees, however refunds are limited to the above scenarios in Sections 8 & 9.
Refunds are issued back to the original payment method. All appropriate charges, if any, should appear on your payment method within 4 weeks of our approval of the refund. Please note that your funds may be held by your financial institution for up to five business days after we process a refund. Please contact your financial institution for further details. We are not responsible for any bank or credit card fees that you may incur in connection with a refund.
SECTION 11 – OPTIONAL THIRD-PARTY TOOLS
We may provide you with access to optional third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as-is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional third-party tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 12 – THIRD-PARTY LINKS
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 13 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
Any text, photographs, artwork, ideas, questions, reviews, comments, suggestions or other content that you submit or post to the Site or creative ideas, suggestions, proposals, plans, or other materials that you subject to us are referred to as “User-Generated Content”) . By sharing, submitting or uploading any User-Generated Content, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your User-Generated Content in any manner existing now or created in the future. You also grant us the right to use and display the name, photograph and any other biographical information that you submit with any User-Generated Content. You irrevocably waive and agree not to assert any rights, including any “moral rights,” that you have to prevent us from exploiting the rights granted herein. Subject to this license, you retain ownership of your User-Generated Content..
You acknowledge and agree that you are solely responsible for your User-Generated Content and you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant us the license to the User-Generated Content herein and (2) your User-Generated Content does not infringe, misappropriate or violate a third party’s intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
We are and shall be under no obligation (1) to maintain any User-Generated Content in confidence; (2) to pay compensation for any User-Generated Content; or (3) to respond to any User-Generated Content.
We may, in our sole discretion, but have no obligation to, monitor, edit or remove User-Generated Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 14 – PERSONAL INFORMATION
SECTION 15 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 16 – PROHIBITED USES
SECTION 17 – OWNERSHIP OF THE SITE
All content on the Site, or otherwise made available via the Site, including the text, notes, graphics, photos, sounds, music, videos, interactivities and the like, the trademarks, service marks and logos contained therein, the design of the Site and/or Service and all software and other technology used to provide the Site and/or Service are owned by or licensed to us and/or our affiliates. They are provided to you “as is” for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Site and use of the Service does not give you any ownership thereof or right thereto.
SECTION 18 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
In no case shall Alejandro Chabán, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of goodwill, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if we have been advised of their possibility.
IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT(S) TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 19 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Alejandro Chabán and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of (a) your breach of these Terms of Service or the documents they incorporate by reference, (b) your violation of any law or the rights of a third-party; (c) bodily injury, death, or other damages arising from your or a third party’s misuse of the Site or Service; or (d) our use of your User-Generated Content. We may, in our sole discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our prior written consent.
SECTION 20 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 22 – ARBITRATION AGREEMENT
You and we agree that any dispute, controversy or claim arising out of or relating to the Service, the Site, or these Terms, or otherwise relating to us in any way (collectively, “Covered Matters”) will be resolved in accordance with the provisions set forth in this Section.
a. Applicable Law. United States federal law, and (to the extent not inconsistent with or pre-empted by federal law) the laws of Florida, without regard to conflict of laws principles, will govern all Covered Matters.
b. Arbitration. These Terms evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims must be asserted individually in binding arbitration administered by JAMS in accordance with the JAMS Rules and Procedures, which are available on the JAMS website at https://www.jamsadr.com/adr-rules-procedures/. The arbitrator shall apply the Federal Rules of Evidence and the parties will be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure. The arbitrator shall not conduct any form of class or collective arbitration and will not join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. However, judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. Confidentiality. The parties, their respective agents and attorneys, and the arbitrator will maintain the confidentiality of the arbitration proceedings and all evidence associated with the arbitration, and will not disclose to any third party:
A. The substance of, facts underlying, or basis for, the controversy, dispute, or claim;
B. The substance or content of any settlement offer or settlement discussions or offers associated with the dispute;
C. The pleadings, the content of any pleadings, and exhibits to the pleadings, filed in any arbitration proceeding;
D. The content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in arbitration;
E. The terms or amount of any arbitration award; or
F. The rulings of the arbitrator on the procedural and/or substantive issues involved in the case.
Notwithstanding this confidentiality provision, nothing herein will limit the right or ability of a party to disclose evidence or allegations relating to the dispute to any individual who is, or who may be, a witness to the dispute.
d. Award. For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. 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’s award of damages must be consistent with the “Limitation of Liability” clause set forth in these Terms. The arbitrator shall not be bound by rulings in prior arbitrations involving different Site/Service users, but is bound by rulings in prior arbitrations involving the same Site/Service 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. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM OR CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE/SERVICE USERS.
e. Exceptions. There are only two exceptions to this arbitration agreement:
(i) If we reasonably believe that you have violated or threatened to violate these Terms, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.
(ii) You may resolve any claim of $500 or less in small claims court in the jurisdiction in which you reside so long as it is the only forum in which the dispute is pending and so long as the matter advances only on an individual (non-class, non-representative) basis.
f. Costs. Payment of all filing, administration, and arbitrator fees will be governed by JAMS’ rules, unless otherwise stated in this Arbitration Agreement. Each party is responsible for its own costs and expenses of arbitration. However, if the value of the relief sought is $5,000 or less, at your request, we will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement, unless the arbitrator determines the claim or claims you have asserted are frivolous.
g. Future Amendments to the Arbitration Agreement. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this Arbitration Agreement in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the amendment. However, the amendment will apply to all other disputes or claims between you and us. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms.
h. Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state, federal, or small claims court located in Dade County, Florida. You and we agree to submit to the exclusive personal jurisdiction of the courts located within Dade County, Florida for the purpose of litigating all such claims or disputes.
i. Opt-Out. IF YOU ARE A NEW SITE/SERVICE USER, YOU CAN CHOOSE TO REJECT ARBITRATION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO INFO@ALEJANDROCHABAN.COM (“OPT-OUT NOTICE”) OR VIA US MAIL TO: 657 SOUTH DRIVE SUITE 403, MIAMI SPRINGS, FL, 33174. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. IF YOU ARE NOT A NEW SITE/SERVICE USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE. In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address associated with your account to which the opt-out applies and an unaltered digital image of a valid driver’s license which matches the name on your account to 7CH Motivation LLC. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms and this Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
j. WAIVER. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED BELOW) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
k. STATUTE OF LIMITATIONS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
SECTION 23 – USE OUTSIDE THE UNITED STATES OF AMERICA
The Site is controlled and offered by us from the United States of America and is intended for viewing and use in the United States. We make no representations that the Site is appropriate for use in other locations. If you access or use the Site from other locations, you do so at their own risk and are responsible for compliance with local law. You consent to the transfer and processing in the United States of America of any information you provide to us.
SECTION 24 – EXPORT CONTROLS
Supply of goods, services and software through the Site is subject to export controls under the laws and regulations of the United States. By visiting and using the Site, and acquiring any goods, services or software through the Site, you represent and warrant (a) that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations (currently, Cuba, Iran, North Korea, Sudan and Syria); (b) you are not listed on any of the United States government’s lists of prohibited and restricted parties; and (c) you do not intend to supply any goods, services or software acquired through the Site to a resident of those countries or a person listed on any of the U.S. government’s lists of prohibited and restricted parties.
SECTION 25 – ELECTRONIC NOTICE
You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the Site or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received by us and you must use the following physical or email address:
657 South Drive Suite 403, Miami Springs, FL, 33174
SECTION 26 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 27 – FORCE MAJEURE
Under no circumstances will we be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond our reasonable control.
SECTION 28 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 29 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.