Please read carefully the following Terms and Conditions of Use before using this website.
By using this website or purchasing products from Hemp&Heroes LLC ( collectively referred to in this Term and Conditions of Us as “ Hemp&Heroes,” the “Company” or sometimes “we” or “us” or “our”), you (hereinafter “customer,”consumer,” “you,” “your”) agree to accept and adhere to the following Terms and Conditions of Use in full, including, without limitation, Warranty Disclaimer, Limitation of Liability, and Dispute Resolution set forth further below. Furthermore, you understand and accept that you are precluded from using lack of reading as a defense against all remedies contained herein. If you do not agree with all of the Terms and Conditions of Use, then you should not use this website.
Hemp&Heroes reserves the right to modify these Terms and Conditions of Use at any time. Your continued use of this website constitutes acceptance of revisions to the Terms and Conditions of Use that might be made, so please check this page regularly. Throughout Hemp&Heroes’s website, we may refer to you as Customer, Licensed Health-Care Provider, Health-Care Practitioner, Authorized-Reseller, Reseller, Practitioner or Affiliate. We use these terms interchangeably to refer to all who have signed up under a Hemp&Heroes account. These Terms and Conditions of Use apply to you.
Access to this Site
You must be eighteen (18) years or older to use this website, including to register for an account and purchase goods or services on our website. If you are under eighteen (18) years of age, you are not permitted to access this website for any reason. By using this website (and agreeing to the Terms and Conditions of Use) you warrant and represent that you are at least eighteen (18) years of age. Due to the age restrictions for use of this website, no information obtained by this site falls within the Child Online Privacy Act (COPA) and is not monitored as doing so.
You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Hemp&Heroes does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Hemp&Heroes. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided “as is” and without warranties of any kind, either expressed or implied. Hemp&Heroes disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT. Our Company does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.
Hemp&Heroes does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Hemp&Heroes may make changes or improvements at any time. You, and not our Company, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. OUR COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Hemp&Heroes does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
PLEASE BE AWARE THAT THE DISPUTE RESOLUTION SECTION, FOUND AT THE END OF THIS AGREEMENT, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF FLORIDA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
Use of the Services and Company Properties
The Site, the Services, the Content (defined in the License to Use the Site section), and the information and content available on the site and in the Services (as these terms are defined herein) (collectively, the “Company Properties”) are protected by copyright laws throughout the world.
Use of this Site
You agree to use our website only for lawful purposes. Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including of Hemp&Heroes or other licensed employee, host, or representative, as well as of other members or visitors to this site, is prohibited.
Information You Provide
You may not post, send, submit, publish, or transmit in connection with this site any material that:
- you do not have the right to post, including proprietary material of any third party;
- advocates illegal activity or discusses an intent to commit an illegal act;
- us vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
- includes MP3 format files;
- amounts to a ‘pyramid’ or similar scheme;
- disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
- contains hyperlinks to other sites that contain content that falls within the descriptions set forth above; and
- You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
You may access and use this website for purposes expressly permitted by Hemp&Heroes. You may not use it for any other purposes, including commercial purposes such as co-branding, framing, or hyperlinks, without the express prior written permission of an authorized representative of Hemp&Heroes. For purposes of these Terms and Conditions of Use, “co-branding” means displaying a name, logo, trademark, trade name or other means of attribution or identification of any party in such a manner as to reasonably give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible through this site.
Website and Medical Information Disclaimer
This website contains general information and content about Full Spectrum Hemp Extract, diet, health, and nutrition. This information and content is not advice, and should not be treated as such. The contents of this website are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified licensed healthcare practitioner with any questions you may have regarding a medical condition.
The general information and content on this website are provided “AS IS” without any representations or warranties of any kind, express or implied. Hemp&Heroes makes no representations or warranties whatsoever in relation to any health information on this website.
You must not rely on the information on this website as an alternative to medical advice from your doctor or other licensed healthcare practitioner . If you think you may be suffering from any medical condition, you should seek medical attention.
You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information in our Company’s materials or provided by any Company representative, none of which information is intended to be a substitute for medical diagnosis, advice or treatment.
If you are considering making any changes to your lifestyle, diet or nutrition, including taking any nutritional, herbal or homeopathic supplement, you should consult with your doctor or other licensed healthcare practitioner before doing so.
Neither Hemp&Heroes nor its representatives are providing any medical advice, and none should be inferred, from any ideas, suggestions, testimonials or other information set forth on this website or in other Company’s materials or provided over the phone or in email correspondence.
All of the information on this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Hemp&Heroes does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not or no longer accurate or complete.
These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure or prevent any disease or ailment. Hemp&Heroes assumes no responsibility for the improper use of these products. Hemp&Heroes does not make any health claims about our products and recommend consulting with a qualified medical doctor or a licensed healthcare practitioner prior to consuming our products or preparing a treatment plan.
It is especially important for those who are pregnant, nursing, chronically ill, elderly or under the age of 18 to discuss the use of these products with a physician prior to consuming. You must be 18 years or older to visit this website and/or purchase Hemp&Heroes products. The information on our website is intended to provide general information regarding our products and is not to be construed as medical advice or instruction.
Hemp&Heroes shall not be held liable for the medical claims made by customer testimonials. The statements made regarding these products have not been evaluated by the Food and Drug Administration.
The efficacy of these products and the testimonials made have not been confirmed by FDA approved research. All information presented here is not meant as a substitute for or alternative to information from a licensed healthcare practitioner. Please consult your licensed healthcare practitioner about potential interactions or other possible complications before using any product. The Federal Food, Drug, and Cosmetic Act requires this notice.
Tetrahydrocannabinol (THC) Disclaimer
*Cannabidiol (CBD) is a natural component of industrial hemp. Hemp&Heroes is a Dietary Supplement. Hemp&Heroes does not sell any products made of Marijuana.
Hemp&Heroes industrial hemp-derived dietary supplements, and the majority of industrial hemp products on the market, contain a naturally occurring trace amounts of tetrahydrocannabinol (THC). The amount of THC in our products never exceeds 0.3% concentration by dry weight, per state and federal regulations and definitions of industrial hemp, and while it is highly unlikely that one would fail a traditional drug test from using our products, that possibility cannot be ruled out.
Taking excessive amounts of industrial hemp products, the type or method of drug test utilized, and an employer’s or organization’s requirements and policies, among other things, are factors that may influence drug test results.
By agreeing to these Terms and Conditions of Use and placing an order with us, you are indicating that you understand that failing a drug test is a real possibility when using industrial hemp products, and that you waive the right to make any claims against Hemp&Heroes for any matters related to any drug test you take or the results of any such drug test, including the loss of employment or any employment opportunity or the imposition of a civil or criminal penalties.
Drug Testing Disclaimer
Even though our products contain less than 0.3% THC by dry weight (Federal Legal Limit), studies have shown that ingesting Full Spectrum Hemp Extract can cause confirmed positive results when screening urine and blood specimens. We are absolutely below the Federal Legal Limit and have .03% THC by dry weight, which you can find the test data on each batch by clicking here.
Accordingly, if you are subject to any form of employment drug testing or screening, we recommend (as does the United States Armed Services) that you DO NOT take our products. Before taking our products, always consult with your healthcare practitioner, drug screening testing company or employer. Read more about this topic here.
Submissions; Participation Disclaimer
You hereby grant to Hemp&Heroes the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.
Hemp&Heroes does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials.
You acknowledge that by providing you with the ability to view and distribute user-generated content on this site, Hemp&Heroes is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the site.
However, Hemp&Heroes reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property rights of another, or (d) offensive or otherwise unacceptable to Hemp&Heroes in its sole discretion.
Hemp&Heroes will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.
Use of Hemp&Heroes Trademarks Online
Images and likenesses of Hemp&Heroes’s trademarks and trade dress (including pictures of bottles bearing Hemp&Heroes labeling) and copyrighted product descriptions can be downloaded from Hemp&Heroes websites by Customers who have opened a Hemp&Heroes account.
A Customer does not have the right to affix any Hemp&Heroes trademark to any product or other material that is not a Hemp&Heroes product. A Customer agrees to use the trademark symbols “™” or “®” as appropriate, when displaying Hemp&Heroes’s trademarked names or products, as an attribution of Hemp&Heroes’s ownership of its trademarks. The use of a Hemp&Heroes trademark does not give a Customer any ownership right, title, or interest, express or implied, in the trademark.
A Customer’s use of Hemp&Heroes’s trademarks should be accompanied by a statement that substantially states the following: “Hemp&Heroes trademarks are used with permission.”
A Customer should not use Hemp&Heroes’s trademarks except in the form, context, and location that is acceptable to Hemp&Heroes. Hemp&Heroes will periodically review Customer websites and reserves the right to demand that a Customer make changes to its website regarding the use of intellectual property owned or controlled by Hemp&Heroes, even if Hemp&Heroes has previously approved or accepted the Customer’s website or the material displayed thereon.
A Customer must not use any Hemp&Heroes product name or trademark as part of a URL (Universal Resource Locator), secondary level domain name, metatag, key word, or file name.
To protect Customers and Hemp&Heroes from legal liability due to the regulatory requirements of the U.S. Food and Drug Administration and the U.S. Federal Trade Commission regarding disease claims associated with our products, Hemp&Heroes products cannot be displayed or mentioned within two clicks of any disease claim.
Hemp&Heroes will periodically review a Customer’s website and reserves the right to demand a Customer make changes to its website regarding any disease claim regarding a Hemp&Heroes product, even if Hemp&Heroes has previously approved or accepted the Customer’s website or the material displayed thereon.
Hemp&Heroes reserves the right to demand a Customer make changes to its website to the extent a Customer is making statements about Hemp&Heroes products in any manner that would violate regulations implemented by the U.S. Food and Drug Administration, the U.S. Federal Trade Commission, or the regulations implemented by any other federal or state agency.
The Hemp&Heroes logo can only be used in the form supplied by Hemp&Heroes for use online. Neither the file name nor the name of the image can be changed or modified from the original form supplied by Hemp&Heroes. The Hemp&Heroes logo may be accompanied by a statement indicating “I (We) proudly offer [insert Hemp&Heroes logo] products.” No other statements may be affiliated with use of the Hemp&Heroes logo.
Violations of Policy
A Customer who violates Hemp&Heroes’s Internet policy will receive a written notice from Hemp&Heroes that the Customer is in violation of the policy. If the Customer does not come into compliance with the policy, then the Customer will no longer be able to purchase Hemp&Heroes products.
A Customer who corrects their website to bring it into compliance with this policy should promptly notify Hemp&Heroes. Hemp&Heroes will review the website and if Hemp&Heroes determines the website is in compliance with this policy, then the Customer’s account will be reactivated.
Hemp&Heroes has adopted a zero-tolerance approach to this policy. Customers acknowledge that upon any subsequent breach of any provision of this policy, Hemp&Heroes may terminate the Customer’s account without notice.
Copyright / Trademarks
Except where otherwise indicated, all materials presented on Hemp&Heroes’s website are the copyrighted property of Hemp&Heroes. The Hemp&Heroes logo and the names of various products offered by Hemp&Heroes are trademarks of Hemp&Heroes.
Permission is hereby granted to use, copy, and distribute the materials presented on this website without alteration for non-commercial purposes only; provided, however, that all copyright, trademark, or any other proprietary notice appear in all copies in the same manner as the original. All other uses are prohibited.
Except as expressly provided herein, you must not use any portion of this website, or any other intellectual property of Hemp&Heroes, on any other website, in the source code of any other website, or in any other printed or electronic materials.
Except as expressly provided herein, you must not modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, or otherwise use any of this website’s content, or frame this website within any other website, without the prior written permission from Hemp&Heroes.
Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database, or directory, without prior written permission from Hemp&Heroes, is prohibited. Linking from another website to any page in this website is prohibited without the prior permission from Hemp&Heroes.
If we have a research link to a website where we provide additional information, you are now leaving the hemp&heroes website. Our exit disclaimer indicates that when you click a link that takes you off of www.hemandheroes.com, you will leave the hemp&heroes website and visit an external site.
Affiliate Marketing Programs
Some Hemp&Heroes products can be offered as part of an Affiliate Marketing Program. Hemp&Heroes uses the definition of an Internet-based Affiliate Marketing program that can be found on http://en.wikipedia.org/wiki/Affiliate_Program. Hemp&Heroes will designate which customers qualify as affiliates for this purpose.
Personal Security Code Registrations
Some portions of Hemp&Heroes websites are restricted and require a user identification code (“User ID”) and a personal security code (“Password”) for access. Unauthorized use of or access of such restricted portions of our websites is prohibited.
In accessing portions of our websites requiring a User ID and Password, you agree that Hemp&Heroes is entitled to act on instructions received under your User ID and Password and that Hemp&Heroes is not liable for any unauthorized access to your personal information that is not the direct result of gross negligence or intentional misconduct on the part of Hemp&Heroes.
You must keep your User ID and Password confidential and you should notify Hemp&Heroes promptly if you believe anyone else has obtained your User ID and Password or if any unauthorized access to the restricted portions of our websites has occurred or may occur. Hemp&Heroes may block access to the restricted portions of its websites without prior notice if we believe your Password is being used by someone other than you or if any unauthorized access to your personal information has occurred or may occur.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Hemp&Heroes will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Hemp&Heroes will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts.
By accepting this agreement you waive and hold harmless hemp&heroes from any claims resulting from any action taken by Hemp&Heroes during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either hemp&heroes or law enforcement authorities.
Disclaimer Of Warranties
The content and materials on Hemp&Heroes websites are provided “as is” and without representations or warranties of any kind, either express or implied. Hemp&Heroes expressly disclaims all warranties, express or implied, with respect to its websites including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Hemp&Heroes does not warrant or represent that the functions or operation of its websites will be uninterrupted or error-free, that defects will be corrected, or that Hemp&Heroes’s websites, its servers, or any e-mail sent from Hemp&Heroes are free of viruses or other harmful components. Because some States do not allow a disclaimer of warranties, the foregoing disclaimer may not apply to you.
Limitation on Liability
In no event shall Hemp&Heroes, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors and any indemnified parties be liable for any actual, consequential, incidental, direct, indirect, punitive, exemplary, special, or other damages, including without limitation loss of revenue or income, profits, value or use, pain and suffering, or similar damages, even if the company has been advised of the possibility of such damages. No person is authorized on behalf of Hemp&Heroes to give any other representations, or to modify or extend the limited warranties provided on this website, or to assume any other liability in connection with this website or the products offered for sales by Hemp&Heroes.
In no event shall the collective or total liability of the indemnified parties to any party for any claim (regardless of the form of action, whether in contract, warranty, tort or otherwise, excluding willful misconduct or gross negligence) exceed the price paid for the product or service which gives rise to such claim. Hemp&Heroes, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors and any indemnified parties shall not, under any circumstances, be liable for any use of, or the inability to use, the materials on this site.
Applicable law may restrict the use or extent of limitations or exclusions to liability for incidental or consequential damages, so the foregoing limitations and exclusions may not apply in full to you. Nonetheless, in no event will Hemp&Heroes’s liability for products purchased from this site exceed the price paid for such products, including any shipping and handling charges.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR COMPANY, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Ju Jurisdiction / Enforceability
Use of Hemp&Heroes website is governed by and construed in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of laws. Any dispute concerning a Hemp&Heroes website is subject to the venue of a court of competent jurisdiction in Dade County, South Florida.
Should any provision of these Terms and Conditions of Use be held invalid, unlawful, or unenforceable, then the invalid, unlawful, or unenforceable provision will be severed from the remaining provisions, and such invalid, unlawful, or unenforceable provision will not affect the validity or enforceability of the remaining provisions.
U.S. Law Applies
This site is intended for users located in the United States. It is up to you to determine whether accessing this site and purchasing our products are legal where you are. You access this site and purchase our products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations, and treaties.
Hemp&Heroes may, in its sole discretion, revise its Internet policy at any time. Any failure or delay by Hemp&Heroes in enforcing any provision of its Internet policy will not be considered a waiver of such provision and will not prevent Hemp&Heroes from enforcing the provision at a later date.
In the event of any claims, disputes, or other controversies arising out of, or relating to, these Terms of Service, the use of this site or information obtained through this site, or any other claims, disputes, or controversies arising out of or relating to this site, or any other World Wide Web site owned, operated, licensed, or controlled by us (the “Dispute” and together the “Disputes”), you agree to resolve any Dispute by submitting the Dispute to JAMS through its offices located in Miami, Florida (https://www.jamsadr.com/miami and 305-371-5267, “ADR Firm”), or its successor, for mediation. Any party to the Dispute may commence mediation by providing to ADR Firm and the other parties a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with ADR Firm and with one another in selecting a mediator from ADR Firm’s panel of neutrals, and in scheduling the mediation proceedings promptly, not later than thirty (30) days after such request for mediation. The parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator or any ADR Firm employees, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
If the Dispute is not resolved through mediation, then it shall be submitted to ADR Firm, or its successor, for final and binding arbitration pursuant to the then-current form of JAMS Comprehensive Arbitration Rules & Procedures (the “Rules”) before one arbitrator, selected by the agreement of the parties and, failing such agreement within thirty (30) days of the Dispute being submitted for arbitration, by ADR Firm in accordance with the Rules. All hearings shall be held in Miami, Florida, USA. If ADR Firm ceases to exist and has no successor, then the parties shall submit the Dispute to an established alternative dispute resolution entity in Miami, Florida. Any party may initiate arbitration with respect to the Disputes submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, any arbitration initiated under this clause shall be conducted by a single arbitrator. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as an arbitrator in the case. The provisions of this clause may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including attorney fees, to be paid by the party against whom enforcement is ordered.
THE REQUIREMENT TO ARBITRATE MEANS YOU ARE WAIVING ANY RIGHT TO A TRIAL BY JURY.
No party to any mediation or arbitration under this clause shall be required to participate in any mediation or arbitration proceeding that involves more than one adverse party. The mediation or arbitration of any Dispute shall not be joined or consolidated with the mediation or arbitration of any other Dispute, even if such other Dispute relates to, arises out of or raises similar factual or legal claims.
The communications between you and Company use electronic means, whether you visit Company Properties or send Company e-mails, or whether Company posts notices on Company Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
You hereby release Company and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of Company Properties, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms of Service or your use of Company Properties; and (ii) any action taken by us during or as a result of our investigations and/or from any actions taken as a consequence of investigations by us or others, including law enforcement authorities. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Company Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or any Services provided hereunder.
How To Contact Us
If you have questions or concerns about these Terms of Service, the practices of this site, or if you are interested in reprinting any of the Content of this site, please contact us at:
Last updated October 1, 2019