Terms of Service
Overview
This website is operated by Assoc Travel Benefits, LLC dba Tu Viendo. Throughout this site, the terms “we”, “us” and “our” refer to Tu Viendo. We offer this website, including all information, tools and services available from this site to you, the user, upon your acceptance of all terms, conditions, policies and notices stated herein. By visiting the website, purchasing or attempting to purchase a product offered for sale by us on the website (a “Product”) or by otherwise using our website, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, without limitation. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the Website or use any services.
Online Store Terms & Conditions
By agreeing to these Terms of Service, you represent that you are the age of majority in your state, province, or country of residence. You may not use our Service and the Products bought from us for any illegal, elicit, or unauthorized purpose, including but not limited to copyright laws. Any attempt, breach, or violation of any of the Terms will result in the termination of your access to all parts of the Website and the Service.
General Terms & Conditions
We reserve the right to refuse access or use of our Service to anyone for any reason at any time. Our associated logos, names, graphics, page headers, button icons, scripts, and Service names are our trademarks (the “Trademarks”). The Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits us. Other trademarks, service marks, names and logos used on or through the Website, such as trademarks, service marks, names or logos associated with third parties, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos. We grant you a limited license to access and make personal use of the Website, and not to download or modify it, or any portion of it. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. The Service and the Website or its contents or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You agree not to frame or use framing techniques to enclose any Trademarks or our other proprietary information (including images, text, page layout, or forms) without our prior express written consent. You also shall not use any meta tags or any other “hidden text” using our name or Trademarks without our prior express written consent. Any unauthorized use terminates the permission or license granted by us in these Terms. You are only granted a limited, revocable, and nonexclusive right to create a hyperlink to the Website’s home page, if the link does not portray our Products or us in a false, misleading, derogatory, or otherwise offensive matter, in our sole discretion. The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy of Information
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We reserve the right to modify, withdraw or amend the Website, our Service or other material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire website and to users. You agree that it is your responsibility to monitor changes to our website.
Modifications to the Service & Prices
Prices for our Products are subject to change without notice. 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.
Products & Payment Terms Purchases through the Website are to be made exclusively through PayPal. By purchasing Products through the Website, you hereby consent and agree to abide by such third-party payment service provider’s customer terms and conditions, and privacy policies, and understand that we have no control on such customer terms and conditions, and privacy policies. You are responsible for paying any sales and use taxes and shipping and handling fees (if applicable) that may apply to your purchase(s) and you authorize us and our third-party Internet payment service provider to charge your credit card/other payment service used for any such taxes and fees. Purchases through the Website are payable in advance and prior to shipping of any Products. All Products’ prices on the Website are displayed in US Dollars and all sales and payments will be in US Dollars. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email 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. We have made every effort to display as accurately as possible the colors and images of our Products that appear on this Website. We cannot guarantee that your computer’s display of any color will be accurate. All sizes and measurements are approximate; however, we do make every effort to ensure they are as accurate as possible. We will take all reasonable care to ensure that all details, descriptions and prices of Products on the Website are correct. We do not warrant that Product descriptions or that other content of Website is accurate, complete, reliable, current, or error-free.
Account & Accuracy Information
To use our Service, you may be asked to provide certain account details, purchase information or other information. It is a condition of your use of our Service that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to us using the Service or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and, you must not disclose it to any other person or entity and you are fully responsible for all activities that occur under your username or password. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security by contacting us at: [email protected]. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Although the Website will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Website or others due to such unauthorized use. If you interact with us or with third-party service providers, and you provide information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third-party services. In the event you use our Website over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees will still apply. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.
Third-party Links
Certain content, products and services available via our Service may include materials from third-parties. 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.
Personal Information
Your submission of personal information using our Service is governed by our Privacy Policy.
Errors, Inaccuracies, & Omissions
There may be information on our website, or in the Service, that contains typographical errors, inaccuracies or omissions that may relate, without limitation, to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and/or 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.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (1) for any unlawful purpose; (2) to solicit others to perform or participate in any unlawful acts; (3) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (5) to submit false or misleading information; (6) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (7) to spam, phish, pharm, pretext, spider, crawl, or scrape; (8) for any obscene or immoral purpose; or (9) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer or Warranties / Limited 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 your use of the Service is at your sole risk. The Service and all products delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, 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 data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Product, 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 advised of their possibility. 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. We also do not warrant, endorse, guarantee or assume responsibility for any Product or Service advertised or offered by a third party through the Website, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers or products or services.
Indemnification
You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, service providers, suppliers, employees, successors and assigns harmless from and against any and claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (1) your use of and access to the Service and/or the Products; (2) your violation of any term of these Terms of Service or the documents they incorporate by reference; (3) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (4) your violation of any law.
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.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes. 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 these Terms of Service 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).
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 Website 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).
Governing Law & Dispute Resolution
You agree that these Terms, your use of our Service, your use of our Products, and the relationship between you and us shall be governed by the laws of the State of Arizona, without regard to conflict of law rules. These laws shall apply no matter where in the world you reside.
Any dispute, controversy or claim arising from or relating to the Terms, our Products, our Service and the relationship between you and us (“Claims”) will be resolved by final and binding arbitration, rather than in court, settled by one (1) neutral arbitrator with the power to award the same damages and relief that a court can (“Arbitration”). Notwithstanding the aforementioned, you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and you or us may seek equitable relief in court for infringement or other misuse of intellectual property right (such as trademarks, domain names, trade secrets, copyrights, etc.).
The Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. In order to begin an Arbitration proceeding, you must send a letter requesting arbitration and detailing your Claim and the relief/damages you seek at the following address:
3370 N Hayden Rd #123-220, Scottsdale, Arizona 85251, United States. All Arbitration will be conducted in the English language and all documents and testimony offered into evidence during the arbitration must be translated into English at the expense of the party offering the evidence. All Arbitration will be held and conducted in Scottsdale, Arizona, United States, unless otherwise agreed by you and us.
ANY ARBITRATION WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ACTIONS, CLASS ARBITRATIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS OR ACTIONS (“CLASS ACTIONS”) ARE NOT PERMITTED. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND THESE TERMS, (1) YOU ARE WAIVING ANY CONSTITUTIONAL AND STATUTORY RIGHTS YOU MAY HAVE TO SUE US IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY AND/OR (2) TO INITIATE OR PARTICIPATE IN A CLASS ACTION AGAINST US. In the event that this subparagraph is deemed invalid or unenforceable, Claims shall be resolved in a court as set forth in the following subparagraph.
To the extent the parties are allowed under these Terms to initiate litigation in court, both you and us agree that Claims will be exclusively litigated in either a small claims court of competent jurisdiction or the state or federal courts located in the city of Tucson, Arizona.
If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced. For interpretation purposes of this Arbitration Agreement, references to both you and us also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns. This Arbitration Agreement shall survive the termination of these Terms and your relationship with us.
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.
Overview
This website is operated by Assoc Travel Benefits, LLC dba Tu Viendo. Throughout this site, the terms “we”, “us” and “our” refer to Tu Viendo. We offer this website, including all information, tools and services available from this site to you, the user, upon your acceptance of all terms, conditions, policies and notices stated herein. By visiting the website, purchasing or attempting to purchase a product offered for sale by us on the website (a “Product”) or by otherwise using our website, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, without limitation. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the Website or use any services.
Online Store Terms & Conditions
By agreeing to these Terms of Service, you represent that you are the age of majority in your state, province, or country of residence. You may not use our Service and the Products bought from us for any illegal, elicit, or unauthorized purpose, including but not limited to copyright laws. Any attempt, breach, or violation of any of the Terms will result in the termination of your access to all parts of the Website and the Service.
General Terms & Conditions
We reserve the right to refuse access or use of our Service to anyone for any reason at any time. Our associated logos, names, graphics, page headers, button icons, scripts, and Service names are our trademarks (the “Trademarks”). The Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits us. Other trademarks, service marks, names and logos used on or through the Website, such as trademarks, service marks, names or logos associated with third parties, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos. We grant you a limited license to access and make personal use of the Website, and not to download or modify it, or any portion of it. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. The Service and the Website or its contents or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You agree not to frame or use framing techniques to enclose any Trademarks or our other proprietary information (including images, text, page layout, or forms) without our prior express written consent. You also shall not use any meta tags or any other “hidden text” using our name or Trademarks without our prior express written consent. Any unauthorized use terminates the permission or license granted by us in these Terms. You are only granted a limited, revocable, and nonexclusive right to create a hyperlink to the Website’s home page, if the link does not portray our Products or us in a false, misleading, derogatory, or otherwise offensive matter, in our sole discretion. The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy of Information
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We reserve the right to modify, withdraw or amend the Website, our Service or other material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire website and to users. You agree that it is your responsibility to monitor changes to our website.
Modifications to the Service & Prices
Prices for our Products are subject to change without notice. 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.
Products & Payment Terms Purchases through the Website are to be made exclusively through PayPal. By purchasing Products through the Website, you hereby consent and agree to abide by such third-party payment service provider’s customer terms and conditions, and privacy policies, and understand that we have no control on such customer terms and conditions, and privacy policies. You are responsible for paying any sales and use taxes and shipping and handling fees (if applicable) that may apply to your purchase(s) and you authorize us and our third-party Internet payment service provider to charge your credit card/other payment service used for any such taxes and fees. Purchases through the Website are payable in advance and prior to shipping of any Products. All Products’ prices on the Website are displayed in US Dollars and all sales and payments will be in US Dollars. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email 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. We have made every effort to display as accurately as possible the colors and images of our Products that appear on this Website. We cannot guarantee that your computer’s display of any color will be accurate. All sizes and measurements are approximate; however, we do make every effort to ensure they are as accurate as possible. We will take all reasonable care to ensure that all details, descriptions and prices of Products on the Website are correct. We do not warrant that Product descriptions or that other content of Website is accurate, complete, reliable, current, or error-free.
Account & Accuracy Information
To use our Service, you may be asked to provide certain account details, purchase information or other information. It is a condition of your use of our Service that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to us using the Service or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and, you must not disclose it to any other person or entity and you are fully responsible for all activities that occur under your username or password. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security by contacting us at: [email protected]. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Although the Website will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Website or others due to such unauthorized use. If you interact with us or with third-party service providers, and you provide information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third-party services. In the event you use our Website over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees will still apply. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.
Third-party Links
Certain content, products and services available via our Service may include materials from third-parties. 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.
Personal Information
Your submission of personal information using our Service is governed by our Privacy Policy.
Errors, Inaccuracies, & Omissions
There may be information on our website, or in the Service, that contains typographical errors, inaccuracies or omissions that may relate, without limitation, to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and/or 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.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (1) for any unlawful purpose; (2) to solicit others to perform or participate in any unlawful acts; (3) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (5) to submit false or misleading information; (6) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (7) to spam, phish, pharm, pretext, spider, crawl, or scrape; (8) for any obscene or immoral purpose; or (9) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer or Warranties / Limited 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 your use of the Service is at your sole risk. The Service and all products delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, 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 data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Product, 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 advised of their possibility. 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. We also do not warrant, endorse, guarantee or assume responsibility for any Product or Service advertised or offered by a third party through the Website, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers or products or services.
Indemnification
You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, service providers, suppliers, employees, successors and assigns harmless from and against any and claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (1) your use of and access to the Service and/or the Products; (2) your violation of any term of these Terms of Service or the documents they incorporate by reference; (3) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (4) your violation of any law.
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.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes. 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 these Terms of Service 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).
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 Website 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).
Governing Law & Dispute Resolution
You agree that these Terms, your use of our Service, your use of our Products, and the relationship between you and us shall be governed by the laws of the State of Arizona, without regard to conflict of law rules. These laws shall apply no matter where in the world you reside.
Any dispute, controversy or claim arising from or relating to the Terms, our Products, our Service and the relationship between you and us (“Claims”) will be resolved by final and binding arbitration, rather than in court, settled by one (1) neutral arbitrator with the power to award the same damages and relief that a court can (“Arbitration”). Notwithstanding the aforementioned, you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and you or us may seek equitable relief in court for infringement or other misuse of intellectual property right (such as trademarks, domain names, trade secrets, copyrights, etc.).
The Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. In order to begin an Arbitration proceeding, you must send a letter requesting arbitration and detailing your Claim and the relief/damages you seek at the following address:
3370 N Hayden Rd #123-220, Scottsdale, Arizona 85251, United States. All Arbitration will be conducted in the English language and all documents and testimony offered into evidence during the arbitration must be translated into English at the expense of the party offering the evidence. All Arbitration will be held and conducted in Scottsdale, Arizona, United States, unless otherwise agreed by you and us.
ANY ARBITRATION WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ACTIONS, CLASS ARBITRATIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS OR ACTIONS (“CLASS ACTIONS”) ARE NOT PERMITTED. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND THESE TERMS, (1) YOU ARE WAIVING ANY CONSTITUTIONAL AND STATUTORY RIGHTS YOU MAY HAVE TO SUE US IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY AND/OR (2) TO INITIATE OR PARTICIPATE IN A CLASS ACTION AGAINST US. In the event that this subparagraph is deemed invalid or unenforceable, Claims shall be resolved in a court as set forth in the following subparagraph.
To the extent the parties are allowed under these Terms to initiate litigation in court, both you and us agree that Claims will be exclusively litigated in either a small claims court of competent jurisdiction or the state or federal courts located in the city of Tucson, Arizona.
If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced. For interpretation purposes of this Arbitration Agreement, references to both you and us also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns. This Arbitration Agreement shall survive the termination of these Terms and your relationship with us.
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.
