Terms and Conditions

It is essential to read and understand all of these Terms before using the Site.

1. PRIVACY POLICY

You can find a complete statement of the Site’s current Privacy Policy by clicking here. The Privacy Policy is incorporated into this Agreement by reference. While using the Site, you may be asked to provide personal information through questionnaires, applications, forms, or similar documents or services, which will be collected in accordance with our Privacy Policy.

2. SITE CONTENT, OWNERSHIP, LIMITED LICENSE, AND RIGHTS OF OTHERS

A. Content. The Site includes various materials and items related to Company, its products and services, as well as those from our licensors and other third parties. This includes layout, information, articles, reviews, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, and the compilation, assembly, and arrangement of these materials. It also includes trademarks, trade dress, logos, trade names, service marks, and other intellectual property (all collectively referred to as “Content”).

B. Ownership. The Site and its Content are owned or controlled by Company, our licensors, and certain third parties. All rights, titles, and interests in the Content are the property of Company or our licensors or other third parties, protected by U.S. and international copyright, trademark, trade dress, patent, and other intellectual property laws. Company holds the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Site’s Content.

C. Limited License. Provided you adhere strictly to these Terms and any Additional Terms, Company grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to temporarily download (for storage purposes only), display, view, use, play, and/or print one copy of the Content on a personal computer, mobile phone, or other Internet-enabled device (each, a “Device”) for personal, non-commercial use only. This license: (i) does not transfer ownership or any intellectual property rights to the Content, and (ii) may be suspended or terminated at Company’s sole discretion without notice or liability. In some cases, you may be granted greater access to Content, subject to Additional Terms.

D. Rights of Others. You must respect the intellectual property and other rights of Company and others while using the Site. Unauthorized use of Content may violate copyright, trademark, privacy, publicity, and other laws, potentially resulting in personal and criminal liability.

3. SITE AND CONTENT USE RESTRICTIONS

A. Site Use Restrictions. You agree not to: (i) use the Site for political or commercial purposes, including advertising, soliciting funds, collecting product prices, or selling products; (ii) use meta tags or hidden text with any Trademarks; (iii) engage in activities that harm individuals or entities or are unlawful, offensive, obscene, or otherwise objectionable; (iv) reverse engineer, decompile, disassemble, or modify Site source or object code; (v) interfere with Site access or operation; (vi) bypass security features; (vii) collect or store information without consent; (viii) attempt unauthorized access through password mining or other means; or (ix) violate these Terms or Additional Terms.

B. Content Use Restrictions. You also agree that, while using the Site: (i) you will not monitor, copy, or distribute Content using any automatic or manual process; (ii) you will not use framing techniques to enclose Content; (iii) you will keep all Trademark and intellectual property notices intact; (iv) you will not suggest unauthorized associations with our products or brands; (v) you will not modify Content; (vi) you will not copy, reproduce, or distribute Content except as permitted; (vii) you will not manipulate Content in a way that adversely affects user experience.

C. Availability of Site and Content. Company may suspend or terminate access to the Site and Content at any time, in whole or in part, for any reason, without notice or liability.

D. Reservation of All Rights Not Granted as to Content and Site. These Terms and Additional Terms grant only limited rights to Content and Site use. No rights or licenses are implied or inferred. All rights not expressly granted are reserved by Company and its licensors. Unauthorized use of Content or the Site is prohibited.

4. TERMS APPLICABLE TO PURCHASES

A. Generally. To make a purchase in the Company online store, you must be at least eighteen (18) years old or of the legal age of majority in your jurisdiction. Before completing a purchase, you must provide valid credit card information, including: (i) your name as it appears on the card, (ii) the credit card number, (iii) the type of credit card, (iv) the expiration date, and (v) any activation codes or numbers required to process the charge. By submitting this information, you authorize us and/or our payment processor to charge your card within thirty (30) days of authorization. For any product or service you order on the Site, you agree to pay the applicable price (including any taxes and surcharges) at the time of ordering. Company will charge your credit card or other payment method for the amount due. Note that we do not offer price protection or refunds for price drops or promotions.

B. Payment Methods, Credit Card Terms, and Taxes. Payments must be made using Visa, MasterCard, or Discover (if available). We do not accept cash, personal checks, or other payment methods at this time, though this policy may change in the future. Your card issuer agreement governs your use of your card, and you must refer to that agreement for your rights and responsibilities as a cardholder. You are responsible for any unauthorized charges to your credit card by a third party. You agree to cover all fees and taxes related to your purchases at the rates in effect when the charges occur. Discrepancies must be reported within sixty (60) days of appearing on your credit card statement. If payment is not received from your credit card issuer, you agree to pay all amounts due upon request. Sales, use, or other taxes are not included in the product price and must be paid by you. Company will charge and withhold applicable taxes for orders based on the delivery address and our order policy at the time of purchase.

C. Return Policy. All purchases made through the Site are subject to Company’s return policy and/or money-back guarantee policy in effect at the time of purchase.

D. Order Acceptance Policy. Receiving an electronic or other form of order confirmation does not mean that your order is accepted or that we are offering to sell to you. Company reserves the right to accept or decline orders at any time after receipt for any reason. We may also deliver fewer items than ordered without prior notice. Orders are considered accepted when we deliver the products or services. We may require additional verification before accepting orders. If we cancel all or part of your order or deliver fewer items than ordered, our sole responsibility is to either (a) credit your account for the canceled portion or undelivered items or (b) not charge you for those items. You should not assume your order has been canceled or changed until you receive confirmation from us. You remain responsible for all fees related to orders processed or shipped before cancellation or account termination requests.

E. No Responsibility for Mispriced Products or Services. We strive to describe products and services accurately, but we do not guarantee that specifications or pricing are complete, accurate, reliable, current, or error-free. We reserve the right to refuse or cancel orders due to errors in pricing or specifications. If your credit card has been charged before cancellation, we will credit your account accordingly. If a product does not match the description, your sole remedy is to return it in its original, unused condition for a credit equal to the purchase price.

F. Price and Billing Changes. Product and service availability is subject to change. Prices and billing methods may be updated at any time and will take effect immediately upon posting on the Site or via email.

5. TEXT MESSAGES

A. (i) How it Works: By agreeing to receive marketing emails, you can unsubscribe using the link in the email. You may also opt-in to receive text marketing messages from us or our partners, which might require confirmation of your phone number and email address. Text messages are sent using autodialing technology to the phone number you provide. Signing up for this program is not required to purchase goods or services. Message and data rates may apply.  (ii) Participant Requirements: You must have a wireless device capable of 2-way messaging, a participating wireless carrier, and text messaging service. Check your phone’s capabilities for details.  (iii) Opt-Out or Help: To opt out, reply STOP to any text message, or email us at  [email protected] . (iv) Costs: Message and data rates may apply according to your cellular plan. You are responsible for all applicable taxes. Consult your wireless provider for pricing. Participating carriers include Alltel, AT&T, Boost, U.S. Cellular, Sprint, T-Mobile, Verizon Wireless, and Virgin Mobile USA. This service is provided “as-is” and may not be available in all areas or continue functioning with changes made by your carrier. (v) Rights Releases; No Warranties; Reservations: By participating, you release Company and participating carriers (“Released Parties”) from any liability for damages or expenses related to this service, including claims based on legal violations or infringement of rights. Released Parties are not responsible for errors in promotional materials and make no warranties regarding offers from third parties. All services are provided “as-is,” with no warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose.

6. FEEDBACK YOU SUBMIT

A. General. The Company may now or in the future allow users of the Site to post, upload, display, publish, distribute, transmit, or otherwise make available messages, text, files, comments, responses, information, content, results, reviews, suggestions, personally identifiable information, or other materials and the ideas contained within them (collectively, “User Content”). This may be done through features like contact us, email, and other communication tools on the Site. Subject to the rights and license granted under these Terms, you maintain any legally recognized right, title, and interest in your User Content and remain fully responsible for it.

B. Non-Confidentiality of Your User Content. Except as outlined in the Site’s posted Privacy Policy or any Additional Terms, you agree that: (a) your User Content will be treated as non-confidential – regardless of any markings such as “confidential” or “proprietary” – and will not be returned; and (b) the Company has no obligation of any kind towards you or any third party regarding your User Content. Upon request, you will provide documentation needed to prove the rights to such content and to confirm your compliance with these Terms or any Additional Terms. You understand that the Internet and mobile communications might be vulnerable to security breaches and that submissions of User Content may not be secure, and you should consider this before submitting any User Content. You recognize that you submit User Content at your own risk. Please note that we do not seek unsolicited ideas or materials for products or services, including but not limited to ideas, concepts, inventions, or designs for websites, recipes, or products (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit via the Site are considered User Content and are licensed to us as described below. Moreover, the Company retains all rights held by the general public regarding your Unsolicited Ideas and Materials. The receipt of your Unsolicited Ideas and Materials by the Company does not imply acknowledgment of their novelty, priority, or originality and does not affect the Company’s right to challenge existing or future intellectual property rights related to your Unsolicited Ideas and Materials.

C. License to Company of Your User Content. Except as otherwise specified in any applicable Additional Terms governing the submission of your User Content, you grant the Company, and agree to grant the Company, a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, create derivative works of, and otherwise exploit any or all of your User Content (and derivative works thereof), for any purpose, in all formats, through any means or medium now known or later developed, and with any technology or devices now known or later developed, and to advertise, market, and promote the same. The granted rights include, without limitation: (a) the right to configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Content and combine it with other materials, and (b) the right to use any ideas, concepts, know-how, or techniques contained in any User Content for any purpose, including the development, production, and marketing of products and/or services. To further implement the rights and license you grant to the Company, you also grant, and agree to grant, the Company the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or payment to you. Except as prohibited by law, you waive, and agree to waive, any moral rights (including attribution and integrity) you may have in any User Content, even if altered or changed in a way that is not agreeable to you. To the extent that such rights are not waivable, you agree not to exercise such rights in a way that interferes with any exercise of the granted rights. You understand that you will not receive any fees, payments, or remuneration for any of the rights granted in this Section 6(C).

7. NOTICES, QUESTIONS AND CUSTOMER SERVICE

You agree that: (i) we may notify you of new, revised, or changed terms and other important matters by posting notice prominently on the home page of the Site or through another reasonable method; and (ii) we may contact you via mail or email sent to the address you provided. You agree to promptly inform us if you change your email or mailing address. For questions regarding the Site, you may reach us via email at: [email protected] .  You acknowledge that the provision of customer support is at the Company’s sole discretion and that we are under no obligation to provide customer support.

8. LINKS BY YOU TO THE SITE

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site, provided that: (a) the links only use text and do not include any Trademarks; (b) the links and content on your site do not imply any affiliation with the Company or cause any confusion; and (c) the links and content on your site do not depict the Company or its products or services in a false, misleading, derogatory, or offensive manner, and do not include content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violates any third party’s rights or is otherwise objectionable to the Company. The Company reserves the right to suspend or prohibit linking to the Site for any reason, at its sole discretion, without prior notice or any liability to you or any third party.

9. LINKED-TO WEBSITES; ADVERTISEMENTS; DEALINGS WITH THIRD PARTIES

A. Linked Sites; Advertisements. The Site may contain links, including those in third-party advertisements, to or from third-party websites ( “Linked Sites”), such as websites operated by advertisers, licensors, licensees, and other third parties who may have business relationships with the Company. The Company may not control the content, operations, policies, terms, or other aspects of Linked Sites and does not assume any responsibility to review these Linked Sites. The Company does not endorse, approve, or sponsor any Linked Sites, or any third-party content, advertising, information, materials, products, services, or other items. Additionally, the Company is not responsible for the quality or delivery of products or services offered, accessed, obtained, or advertised on such sites. The Company will not be liable for any direct, indirect, incidental, or special loss or damage, whether resulting from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content on these third-party Linked Sites. Any activities you engage in with these sites are subject to their privacy policies and terms of use. The Company disclaims all liability in connection with such activities.

B. Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings you have with third parties found on or through the Site (including via Linked Sites or advertisements) are solely between you and the third party (including issues related to third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy, and data security). The Company disclaims all liability in connection with such dealings.

10. WIRELESS

A. Wireless Features. The Site may offer features and services available through your wireless device, such as accessing the Site’s features, uploading content, receiving messages, and downloading applications (collectively, “Wireless Features”). Standard messaging, data, and other fees may apply as charged by your carrier. Fees may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may restrict or prohibit certain Wireless Features, and some features may not be compatible with your carrier or device. Check with your carrier to learn about available plans and costs. Contact your carrier with questions regarding these issues.

B. Terms of Wireless Features. Subject to the terms and conditions stated in Section 4G above, you agree that for Wireless Features you register for, we may send communications to your wireless device regarding us or other parties. Additionally, we may collect information about your use of the Wireless Features. If you register for Wireless Features via the Site, you agree to inform the Company of any changes to your wireless contact information (including phone number).

11. DISPUTE RESOLUTION

Arbitration offers an alternative to litigation, providing a more efficient means of resolving disputes. It resembles litigation but takes place outside the court system, using an arbitrator rather than a judge or jury. Agreeing to arbitration is a required condition for using the Site. If any controversy, allegation, or claim arises from or relates to the Site, its Content, your User Content, these Terms, any of Company’s intellectual property rights, or any Additional Terms (“Dispute”), including questions about the applicability of arbitration, that Dispute will be resolved as outlined in this Section 11. If a Dispute cannot be resolved informally as described in Section 11(A), it will be settled by binding arbitration conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), an independent national arbitration association, following JAMS’ rules. You can find information about JAMS and its rules at www.jamsadr.com or by calling JAMS at (800) 352-5267.

If arbitration is initiated, the Company will cover the costs for the arbitrator and the arbitration forum. Regardless of who initiates the arbitration, the Company will pay all associated costs, including JAMS’ fees and the arbitrator’s services. However, the Company will not cover your attorneys’ fees if you choose to be represented by an attorney.

The Company aims for a fair process, and the arbitration will adhere to JAMS standards to ensure a fair hearing. This includes selecting an independent, neutral arbitrator with no ties to the Company or its management. Arbitration under this Section 11 will be governed by the Federal Arbitration Act (“FAA”) (9 U.S. Code §§ 1-16), regardless of any substantive law provisions in these terms. This Section 11 can only be amended by mutual agreement.

A. Informal Effort to Resolve Disputes . If a Dispute arises, both you and we agree to send written notice to each other, describing the Dispute and proposing a resolution. Our notice will be sent to you using the most recent contact information you provide. If we lack contact information for you or if it is outdated, we have no obligation under this Section 11(A). Your notice should be sent to: [email protected] . For sixty (60) days from receiving the notice, both parties will attempt to resolve the Dispute through communication, though neither is obligated to settle on terms with which they are not comfortable.

B. Binding Arbitration . If a Dispute cannot be resolved informally under Section 11(A) within sixty (60) days of receiving the notice, ALL DISPUTES BETWEEN YOU AND THE COMPANY MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. BY AGREEING TO ARBITRATE, BOTH PARTIES WAIVE THE RIGHT TO GO TO COURT AND HAVE THE DISPUTE HEARD BY A JUDGE OR JURY.
The Dispute will be resolved solely through binding arbitration administered by JAMS, following JAMS’ then-current Streamlined Arbitration Rules and Procedures (“Rules”). To start arbitration, either party will send a written request to JAMS at 8401 N. Central Expressway, Suite 610, Dallas, TX 75225 by U.S. mail or a reputable overnight delivery service (e.g., Federal Express). A copy of the arbitration request must also be sent to us at [email protected]  to inform us of the arbitration and allow us to pay JAMS’ fee. JAMS will select a convenient location for the arbitration and an arbitrator to govern the process, who will issue a final and binding arbitration award.

C. Limited Time to File Claims . TO THE FULLEST EXTENT PERMITTED BY LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, IT MUST BE INITIATED (BY DELIVERING WRITTEN NOTICE AS SET FORTH IN SECTION 11(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OTHERWISE, IT WILL BE FOREVER BARRED. “Initiating” means: (a) delivering written notice as outlined in Section 11(A); or (b) filing for arbitration with JAMS as described in Section 11(B). Both parties waive any contrary statute of limitations or time bars, whether legal or equitable.

D. Injunctive Relief . The provisions of this Section 11 do not apply to any claim seeking injunctive or other equitable relief related to the Site, its Content, your User Content, or the Company’s intellectual property rights, operations, products, or services. This Section 11 applies to any claims not seeking such injunctive or equitable relief.

E. No Class Actions . YOU AGREE TO FILE ONE ARBITRATION THAT INCLUDES ALL YOUR DISPUTES AND JOINS ALL KNOWN DISPUTES. YOU ALSO AGREE THAT ANY ACTION YOU BRING WILL BE INDIVIDUAL AND NOT ON A CLASS OR COLLECTIVE BASIS, WHETHER IN ARBITRATION OR COURT. THE ARBITRATOR SHALL NOT HAVE AUTHORITY TO FORM A CLASS OR PROCEED ON A COLLECTIVE BASIS. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON BEHALF OF THE GENERAL PUBLIC OR OTHER SIMILARLY SITUATED PERSONS OR ENTITIES. IF A COURT WITH COMPETENT JURISDICTION FINDS THIS RESTRICTION UNCONSCIONABLE OR UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE IN SECTION 11(B) WILL NOT APPLY AND THE DISPUTE MUST BE BROUGHT EXCLUSIVELY IN COURT PURSUANT TO SECTION 11(F).

F. Federal and State Courts in Miami-Dade County, Florida . EXCEPT WHERE ARBITRATION IS REQUIRED ABOVE, SMALL CLAIMS ACTIONS, OR ENFORCEMENT OF ANY ARBITRATION DECISION OR AWARD, ANY ACTION OR PROCEEDING RELATED TO ANY DISPUTE MUST BE INSTITUTED IN STATE OR FEDERAL COURT IN MIAMI-DADE COUNTY, FLORIDA. YOU AND THE COMPANY CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS FOR THESE MATTERS.

G. Jury Trial Waiver . YOU EXPRESSLY WAIVE THE RIGHT TO HAVE ANY DISPUTE (AS DEFINED IN THESE TERMS) HEARD BY A JURY IN STATE OR FEDERAL COURT.

H. Small Claims Matters Are Excluded from Arbitration Requirement . NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING A DISPUTE IN A SMALL CLAIMS COURT OF COMPETENT JURISDICTION, PROVIDED THE CLAIM QUALIFIES FOR SUCH COURT.

12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS SUBSIDIARIES, INCLUDING THEIR EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “COMPANY PARTIES”) DISCLAIM AND MAKE NO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, OR PROMISES, EXPRESS OR IMPLIED, REGARDING:

(a) THE SITE (INCLUDING THE CONTENT AND USER CONTENT);

(b) THE FUNCTIONS, FEATURES, OR OTHER ELEMENTS ON OR MADE ACCESSIBLE THROUGH THE SITE;

(c) ANY PRODUCTS, SERVICES, OR INSTRUCTIONS OFFERED OR REFERENCED AT OR LINKED THROUGH THE SITE;

(d) SECURITY ASSOCIATED WITH THE TRANSMISSION OF YOUR USER CONTENT TO THE COMPANY VIA THE SITE;

(e) WHETHER THE SITE OR THE SERVERS MAKING THE SITE AVAILABLE ARE FREE FROM HARMFUL COMPONENTS (INCLUDING VIRUSES, TROJAN HORSES, AND OTHER TECHNOLOGIES THAT COULD ADVERSELY IMPACT YOUR DEVICE);

(f) WHETHER THE INFORMATION (INCLUDING INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, OR RELIABLE;

(g) WHETHER ANY DEFECTS OR ERRORS ON THE SITE WILL BE REPAIRED OR CORRECTED;

(h) WHETHER YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED;

(i) WHETHER THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; AND

(j) WHETHER YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A COMPANY PARTY, COMPANY PARTIES FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply if those jurisdictions' laws are applicable.

The Site aims to keep its information, documents, study guides, test materials, checklists, and developed forms accurate, current, and up-to-date. However, due to the rapid changes in the law, we cannot guarantee that all information on the Site is completely current, correct, or up-to-date. Additionally, the information on the Site is not legal advice and is not guaranteed to be correct, complete, or up-to-date. If you need legal advice for a specific problem or if your problem is too complex for our tools, you should consult an attorney. Occasionally, we may provide services and introduce visitors to various services, products, and offers through:

(i) Third-party listings,

(ii) Third-party advertisers, and

(iii) Third-party services.

We are not responsible or liable for the accuracy or performance of any such listings and/or services.

13. LIMITATIONS OF OUR LIABILITY

UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH, OR FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY CONNECTED TO:

(a) the Site (including Content and User Content);

(b) your use of or inability to use the Site, or the Site's performance;

(c) any action taken in relation to an investigation by Company Parties or law enforcement regarding your access to or use of the Site;

(d) any action taken concerning copyright or other intellectual property or rights owners;

(e) any errors or omissions in the technical operation of the Site; or

(f) any damage to any user's computer, hardware, software, modem, or other equipment or technology, including damage from security breaches, viruses, bugs, tampering, fraud, errors, omissions, interruptions, defects, delays in operation or transmission, computer line, network failures, or any other technical malfunctions, including losses or damages from lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failures.

These limitations of liability will apply even if the events or circumstances were foreseeable and even if Company Parties were advised of or should have known of the potential for such losses or damages, regardless of whether you pursue action based on contract, negligence, strict liability, or tort (including negligence, acts of god, telecommunications failure, or destruction of the Site).

Certain jurisdictions do not permit the exclusion or limitation of incidental or consequential damages as described above, so these limitations or exclusions may not apply to you.

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID COMPANY IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.

14. UPDATES TO TERMS

These Terms (or Additional Terms, if applicable), as posted at the time of your use of the relevant services, will govern such use (including transactions entered during that use). AS OUR SITE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SITE MAY BE MODIFIED PROSPECTIVELY AND WE MAY STOP OFFERING THE SITE UNDER THE TERMS OR ADDITIONAL TERMS THAT WERE PREVIOUSLY IN EFFECT. THEREFORE, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SITE, YOU ENTER INTO A NEW AGREEMENT WITH US UNDER THE THEN APPLICABLE TERMS AND CONDITIONS, AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SITE (OR THROUGH OTHER REASONABLE NOTICE METHODS WE CHOOSE), AND THAT YOUR USE OF THE SITE AFTER SUCH NOTICE CONSTITUTES YOUR AGREEMENT TO THE NEW TERMS FOR YOUR FUTURE USE AND TRANSACTIONS. You should review the posted terms of service and any applicable Additional Terms each time you use the Site (at least before each transaction or submission). The new terms will take effect for new use and transactions as of the time we post them or as specified in the notice. However, the terms that applied during your previous use will continue to apply to that prior use (i.e., changes and additions are prospective only) unless agreed otherwise. If any notice of new, revised, or additional terms is deemed insufficient by a tribunal, the prior agreement will remain in effect until adequate notice is given to establish a new agreement. You should frequently check the home page and the email associated with your purchases for notices, which you agree are reasonable methods of notification. You can reject any new, revised, or Additional Terms by discontinuing use of the Site and related services.

15. GENERAL PROVISIONS

A. Company’s Consent or Approval. Regarding any provision in these Terms or any Additional Terms that grants Company a right of consent or approval, or allows Company to exercise a right in its "sole discretion," Company may exercise that right at its sole and absolute discretion. No consent or approval from Company will be deemed granted unless it is in writing and signed by an officer of Company.

B. Applicable Law. These Terms and any Additional Terms will be governed by and construed in accordance with the laws of the State of Florida, excluding its choice of law rules. Regardless of any other provision, Company is not your agent, partner, or joint venturer and assumes no fiduciary obligations to you.

C. Indemnity. You agree to defend, indemnify, and hold Company Parties harmless from any claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) arising directly or indirectly from any claim, suit, action, demand, or proceeding made against any Company Party, or from the investigation, defense, or settlement of such matters, related to: (i) your User Content; (ii) your use of the Site and related activities; (iii) your breach or alleged breach of these Terms or Additional Terms; (iv) your violation or alleged violation of any laws, rules, or regulations related to your use of the Site; (v) information transmitted through your Device that infringes or violates any rights of others; (vi) any misrepresentation made by you; and (vii) Company Parties’ use of the information you provide (collectively, "Claims and Losses"). You will cooperate fully with Company Parties in defending any Claims and Losses. Company Parties retain the exclusive right to settle, compromise, and pay any Claims and Losses and reserve the right to assume exclusive defense and control. You may not settle any Claims and Losses without the prior written consent of a Company Party's officer.

D. Operation of Site; Availability of Products and Services; International Issues. Company operates the Site from its U.S.-based offices and makes no representation that the Site is suitable or available for use outside the U.S.A. If you use the Site from outside the U.S.A., you do so on your own initiative and are responsible for complying with local laws regarding online conduct and acceptable content. The Site may describe products and services available only in the U.S.A. We reserve the right to limit the availability of the Site and/or any content, program, product, service, or feature, and to limit quantities at our sole discretion. The Convention on Contracts for the International Sale of Goods does not apply to these Terms.

E. Export Controls. Software related to or available from the Site may be subject to U.S. export controls. No software from the Site may be downloaded, exported, or re-exported into or to a national or resident of any embargoed country or jurisdiction (including Cuba, North Korea, Iran, Sudan, and Syria), or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Commerce Department’s Table of Deny Orders, or the U.S. Department of Commerce’s Bureau of Industry and Security Entities List. You are responsible for complying with all trade regulations and laws. Except as authorized by law, you agree not to export or re-export the software to any prohibited country, person, entity, or end-user.

F. Severability; Interpretation. If any provision of these Terms or Additional Terms is deemed invalid, unlawful, void, or unenforceable, that provision will be severable from the rest of the Terms or Additional Terms, and its invalidity will not affect the validity or enforceability of the remaining provisions. To the extent permitted by law, you agree to waive any statutory and common law that may allow a contract to be construed against its drafter. The word “including” will be interpreted as “including, without limitation.”

G. Communications . By communicating with us electronically, such as through email or text messages, you agree to receive electronic communications from us. Please be aware that we are not required to respond to any inquiries we receive. You acknowledge that all agreements, notices, disclosures, and other communications provided to you electronically fulfill any legal requirement for such communications to be in writing.

H. Investigations; Cooperation with Law Enforcement; Termination; Survival . The Company reserves the right, without limitation, to: (i) investigate any suspected breaches of Site security or its IT systems or networks, (ii) look into any suspected breaches of these Terms or Additional Terms, (iii) examine information obtained by the Company in connection with law enforcement databases or criminal laws, (iv) engage with law enforcement authorities in such investigations, (v) pursue action against violators of these Terms and Additional Terms, and (vi) discontinue the Site, in whole or in part, or, unless otherwise specified in Additional Terms, suspend or terminate your access, including user accounts or registrations, at any time, without notice, for any reason and without obligation to you or any third party. Any suspension or termination will not affect your obligations to the Company under these Terms or Additional Terms. Upon suspension or termination, or upon notice from the Company, all rights granted to you will immediately cease, and you agree to stop using the Site. Provisions of these Terms and Additional Terms that are intended to survive termination will continue, including rights and licenses granted, indemnities, releases, disclaimers, limitations on liability, and terms related to jurisdiction, choice of law, class actions, and mandatory arbitration.

I. Assignment . The Company may assign its rights and obligations under these Terms and Additional Terms, in whole or in part, to any party at any time without notice. You may not assign these Terms or Additional Terms, nor delegate your duties, without prior written consent from an officer of the Company.

J. No Waiver . Except as explicitly stated in these Terms or Additional Terms, (i) neither you nor the Company will waive any right, power, or remedy by failing to exercise it, and (ii) any waiver or modification of these Terms or Additional Terms must be in writing and signed by the party against whom the waiver or modification is sought.

K. Connectivity . You are responsible for obtaining and maintaining all necessary Devices, equipment, software, and services, including internet and mobile services, required for accessing and using the Site. You will also be responsible for any related charges.

L. California Consumer Rights and Notices . California residents have specific consumer rights information. You can contact the Complaint Assistance Unit of the Division of Consumer Services at the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254. Their website is http://www.dca.ca.gov.

M. References . References to “Site,” “you,” and “us” include our subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this or previous agreements between us.

16. EFFECTIVE DATE

These Terms and Conditions were last updated and became effective on December 14, 2023.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

GetYourBenefits

ATTN: Customer Care,
30 N. Gould St. Ste.
R Sheridan, WY. 82801