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PlanGlobal Terms and Conditions

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Terms and Conditions INCLUDES the following agreements and policies. Click on the following links to view and read each agreement and policy.

Click Here For PlanGlobal Privacy Policy

Sales Terms  1. All application fees are final. Application fee for merchant services are non-refunable. This includes if an account is closed due to risk or underwriting violations. Application fee is the service of submitting an application for approval or denial. 2. Gateway setup fees which include but not limited to Authorize.net are non-refundable. This includes if a merchant service account is closed for whatever reason. Once a Gateway account is activated by the merchant the setup fee CAN NOT be refunded. 3. All orders are subject to availability from the manufacturer. 4. All orders require payment in full before delivery, unless otherwise agreed. 5. Deposits for special order items are not refundable. There are no cash refunds. 6. Prices are subject to change without notice. We take no responsibility to honor pricing or other errors on our website, sales orders, or any other documentation.

Cancelation Policy:  1. Once payment is made order(s) can not be canceled.

Return Policy  1. Equipment orders can not be refunded once an order has been placed. There are no refunds. If equipment is damaged during shipment, equipment will be exchanged for same equipment unless inventory for the equipment is at zero. Then a full refund for equipment will be issued. If special arrangements are made for a return a 20% restocking fee will apply below. 2. In case your order qualified for a free (discounted) shipping or delivery cost, actual shipping/delivery cost would be deducted from your refund. 3. A 20% restocking fee will apply to any item returned. Please see Cancellation Policy on the same page. 4. Returns without original packaging are not subject for return, there are no exceptions.

Warranty Information  PlanGlobal does not offer any warranty for the products that we sell. All warranties are based on the manufacture warranty of the product. All exchanges / fixes are completely covered and decided by manufacturers, not by us, we act as a ‘bridge’ between you and manufacturer. We keep tight relationships with our manufacturers, and those claims will be forwarded to them. If manufacturer approves your claim finding the item(s) defective – we will gladly exchange it, providing you with the shipment of the replacement parts at our expense. We stand behind products sold on our website and maintain great level of customer support in any case imaginable. If you are having an issue, please contact us and we will make every effort to successfully resolve it. Your 100% satisfaction is our primary concern! PlanGlobal shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms and Conditions Agreement without notice or liability to you. Any changes to this Terms and Conditions Agreement shall be effective immediately following the posting of such changes on our web site. The most recent version of these Terms and Conditions Agreement are posted on the PlanGlobal website. You agree to review these Terms and Conditions Agreement from time to time and agree that any subsequent use by you of PlanGlobal following changes to these Terms and Conditions Agreement shall constitute your acceptance of all such changes.

By using any one of our Site(s), you (a) acknowledge that you have read, understand, and expressly agree to be legally bound by these Terms and Conditions (including our privacy policy (“Privacy Policy”)), (b) agree to follow these Terms and Conditions and all applicable laws and regulations governing our Site(s), (c) represent and warrant that you are at least 18 years old, are a resident of the United States or lawfully consent to U.S.jurisdiction for all purposes on our Site(s) as if a resident, and have the right, authority, and capacity to enter into these Terms and Conditions (either on behalf of yourself or the entity you represent if you are using this Site on behalf of an entity). If you do not agree with the foregoing, you are not authorized to use the Site.

Modification to Terms and Conditions

We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on our website. If you violate these terms and conditions we reserve the right to terminate your account.

If you have the ability to print or save a copy of these Terms and Conditions using the print, save to PDF, or save feature in your browser we suggest retaining a copy for your future reference. It is your responsibility to periodically visit the “Terms and Conditions” link at the bottom of our home page to review the most current version of the Terms and Conditions. You may use your browser to print copies of any updated Terms and Conditions.

Intellectual Property Rights of DBCJ Enterprises LLC.

Our site is owned and operated by DBCJ Enterprises LLC. and are © 2013-2014, ALL RIGHTS RESERVED. “Site Content” means all features, materials, information, content, text, site design, graphics, logos, icons, images, audio and video clips, and software appearing on or offered on our Site(s), as well as the selection, assembly and arrangement thereof, and includes our greeting, hint, reminder or Track & Modify Your Order services, our Affiliate Program(s) and corporate accounts, the ability to order products and services and receive newsletters and promotional emails. Unless otherwise specified, all Site Content is the sole property of DBCJ Enterprises LLC International Inc or its suppliers/licensors. All Site Content is protected by U.S. and international copyright and other intellectual property laws. All rights not expressly granted herein are reserved.

The following is a list of trademarks, trade names and service marks owned by DBCJ Enterprises LLC. PlanGloba®l | Solarfied | Solarfy® | BurnHydrogen® | Hidden Log Cabins® | AspenMountain.net® | All Year Farm® | All Year Fresh® | Home Made and Home Grown®

The absence of a trademark, trade name or service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. All custom graphics, icons, logos and words listed above are trade names, trademarks or service marks of DBCJ Enterprises LLC International Inc in the United States and/or other countries. All other trade names, trademarks or service marks are property of their respective owners. The use of any of our trade names, trademarks or service marks without our express written consent is strictly prohibited. In order to maintain the value of these marks, it is important that they are used correctly. If you have any questions, you may contact us by using the “Contact Us” link in the main menu.

Accounts

Unless we allow “guest” purchases, you will need to establish an account with us to use certain features of the Site(s) (e.g., to order products and services from the Site(s)). During the account registration process you will be asked to select a unique password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Site(s), you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes. You will immediately notify us of any unauthorized use of the password or account or any other breach of security. You agree to exit from your account at the end of each session. Please notify us by using the “Contact Us link in the main menu or calling using the published telephone number at the top of the site of any potential unauthorized use(s) of your account, or breach of security.

If you create an account, you represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; (iii) you will not select or utilize a user name that PlanGlobal, in its sole discretion deems offensive.

Permitted Use and Restrictions

We post legal notices (e.g., copyright and trademark notices and markings) and various credits on pages of each of our Site(s). If you download, print, or retain a copy of pages of the Site(s), you may not remove these notices or credits or any additional information accompanying such notices and credits.

Except as expressly provided above, you shall not use, upload, copy, print, display, perform, reproduce, license, sell, transfer, host, post, transmit, commercially exploit, duplicate, download, publish, modify, make derivative works of or otherwise distribute the Site(s) (including the Site Content) (in whole or in part), unless otherwise specifically authorized by us to do so in writing. You may not access the Site(s) (including the Site Content) to build similar or competing Site(s). You may not disassemble, reverse compile or reverse engineer any software contained on the Site(s). If you wish to obtain permission to reprint or reproduce any Site Content you may contact us using the “Contact Us” link in the main menu. We reserve the right to modify, suspend, or discontinue the Site(s) or any part thereof without notice to you. Any updates to the Site(s) shall be subject to these Terms and Conditions.

User Content from other Users, Links, Search Results, Advertising and Third-Party Sellers

Each of our Sites may contain (a) User Content (defined below) provided by other users, (b) links to other sites operated by third parties, (c) advertisements and/or sponsorships provided by third parties, and (d) stores, services, or product lines offered by third parties ((a), (b) , (c), and (d) are collectively, “Third-Party Materials”). We have no control over and are not responsible and assume no liability for any Third-Party Materials or the applicable third parties. We are not responsible for any acts or omissions of such third parties. We do not review, approve, endorse, guarantee, warrant, or make any representations with respect to Third-Party Materials or the applicable third parties. For example, we do not guarantee, warrant or represent that the Third-Party Materials are accurate, legal and/or inoffensive or that these third party sites do not contain viruses or other features that may adversely affect your computer. You use all Third Party Materials and interact with such third parties at your own risk. We are not obligated to be involved in any disputes between you and any such third parties. When you leave our site, our Terms and Conditions (including our Privacy Policy ) no longer govern. You should carefully review the applicable third party privacy statements and other terms and conditions of use. Without limiting the forgoing, if you have a problem with a link from any one of our Sites, please notify us by using the “Contact Us” link in the main menu.

You hereby release us, our subsidiaries, affiliates, officers, employees, agents, and successors from any claim, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arising from use of Third Party Materials or interactions with or conduct of the applicable third parties. In connection with the foregoing,

Violation of the Terms and Conditions

By using any one of our Sites, you understand and agree that we, at our sole discretion and without prior notice, may suspend or terminate your access to, or bar your future access to, one or more of our Sites and to any services offered on our Sites, and may modify or remove any User Content if we believe, in our sole discretion, that the User Content violates or is inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or you have violated the law, these Terms and Conditions, or the rights of DBCJ Enterprises LLC or another user. We will have no liability to you for any deletion of your User Content.

License Granted by You

By providing, submitting, uploading any communications, reviews, comments, feedback, postings, materials, photographs or artwork, personalization content, or any other content for use on any of our Sites or in connection with a customized product purchase (“User Content”), (a) you represent and warrant that you or the owner of all rights to such User Content and that such User Content does not violate our Acceptable Use Policy (below), and (b) you hereby grant us, and agree to grant us, an irrevocable, perpetual, royalty-free, fully paid-up, worldwide license (with the right to sublicense) in all languages to use, reproduce, distribute, publicly display, publicly perform, prepare derivative works of, modify, sell and otherwise exploit all or any part of the User Content in our sole discretion by any method now existing or later developed, subject to our Privacy Policy. Subject to our Privacy Policy, any User Content will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services. Notwithstanding the foregoing, User Content that is Feedback will be assigned to DBCJ Enterprises LLC. inaccordance with the Section on Feedback below.

Acceptable Use Policy

You agree that your User Content will not (a) plagiarize, violate or infringe upon the rights of any third-party, including trade secret, copyright, trademark, trade dress, privacy, patent, moral right, publicity, or other personal or proprietary rights, nor (b) contain unlawful, tortious, threatening, harmful, vulgar, defamatory, false, intentionally misleading, libelous, pornographic, obscene, patently offensive, inappropriate, offensive, harassing, or other unacceptable material or materials that are harmful to minors.

You agree that you will not use the Sites to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Sites or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Sites, other computer systems or networks connected to or used together with the Sites, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Sites; or (g) engage in any illegal activities.

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Sites and your purchase of products or services through our Sites. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions (including our Privacy Policy), we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions or the Privacy Policy could be subject to criminal or civil penalties.

Privacy

We respect and make efforts to protect the privacy of all users of our Sites. Our current Privacy Policy on all of our websites and is hereby incorporated herein by reference and made a part of the Terms and Conditions.

DMCA Policy

Please review our take down policy on our websites

Feedback

We welcome all comments, feedback, information, or materials regarding our Sites (“Feedback”), which you submit to us by email or otherwise through or in conjunction with any one of our Sites. Please note that Feedback shall be considered non-confidential and become the property of DBCJ Enterprises LLC. By submitting Feedback to us, you hereby assign, and agree to assign, to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback, at no charge. We shall be free to use Feedback on an unrestricted basis.

Ordering Products and Services

You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through any of our Sites.

All prices listed on the Sites are subject to change. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to shipment of your order, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Please note that the colors of items and products may depend on your monitor and may not be correctly displayed.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or thequantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.

Payment Terms

For each product or service you order on any of the Sites, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. Unless you and DBCJ Enterprises LLC have agreed to an alternate billing arrangement in writing signed by DBCJ Enterprises LLC International Inc, DBCJ Enterprises LLC will automatically bill your credit card submitted as part of the order process for such price. All prices are non-refundable. Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You will pay for all collection costs,attorneys fees, and court costs incurred in the collection of past due amounts.

Sales Taxes

Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the Products.

We shall automatically charge and withhold the applicable sales tax for orders delivered to addresses within Florida.

Each customer shall be solely responsible for all sales taxes, or other taxes, customs, import/export charges, or similar governmental charges (except for taxes on DBCJ Enterprises LLC’s net income), on orders shipped to any other state or on orders shipped outside the United States.

We do not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities.

Specials, Promotions and Sweepstakes/Contests

Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.

Shipping and Delivery

DBCJ Enterprises LLC, in conjunction with our shipping providers, will attempt to deliver a product on the requested delivery day or delivery service you have requested. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. We reserve the right to make deliveries in installments, which shall not relieve you from your obligation to accept and pay for remaining deliveries. Our shipping providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. All products are deemed accepted upon our delivery of the product to you or your designated recipient’s address.

DBCJ Enterprises LLC is not responsible for:

Flowers, plants, fruits, sweets, gift products and preserved items delivered to incorrect addresses supplied by the sender. Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender. Decreased product quality due to an incorrect delivery address supplied by the sender, or a re-route requested by the sender. Product quality problems caused by improper handling by the recipient. Order Cancellation Policy

DBCJ Enterprises LLC International Incdoes not allow orders to be edited or cancelled after acceptance of the order pursuant to our Order Acceptance Policy described above or, once the order has left our shipping department or within the seven (7) days prior to Thanksgiving, Christmas, Valentine’s Day, Father’s Day or Mother’s Day (because of our extremely high volume of orders during these times).

Guarantee and Disclaimers

DBCJ Enterprises LLC Guarantees that you will be completely satisfied of any food products and plants/herbs that have been removed from the growing medium ordered and that the food products and plants/herbs will be fresh 7 days from time of receiving shipment with the accordance of our shipping policy above .DBCJ Enterprises LLC Guarantees that all live plants (except for plants/herbs that have been cut or removed from growing medium) will be fresh for 14 days from the time receiving shipment with the accordance of our shipping policy above.

With any of our guarantees, its at our sole and exclusive obligation or liability and your sole and exclusive remedy will be, on our discretion, to refund the purchase price or to replace and deliver equivalent product items, as soon as reasonably possible.

All applicable claim(s) must be submitted using our “Contact Us” link in the main menu or using the published telephone number at the top of the website within 10 days after delivery of food(s) and plants/herbs that have been removed from growing medium and 20 days for plants/herbs in growing medium. After 20 days, all sales are final and no refunds or exchanges will be accepted.

Disclaimer of Warranty; Limitation of Liability

A. USER EXPRESSLY AGREES THAT USE OF DBCJ ENTERPRISES LLC SITES IS AT USER’S SOLE RISK. NEITHER DBCJ ENTERPRISES LLC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SITES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH OUR SITES.

B. OUR SITES IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT DBCJ ENTERPRISES LLC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. D. IN NO EVENT WILL DBCJ ENTERPRISES LLC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING OUR SITES OR THE DBCJ ENTERPRISES LLC SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, DBCJ ENTERPRISES LLC, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN OUR SITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. DBCJ ENTERPRISES LLC, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, DBCJ ENTERPRISES LLC, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.

Jurisdiction/Arbitration

This Agreement will be governed by and construed in accordance with the internal laws of the State of Florida excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Miami, Florida or the closest JAMS office to our own office, before J.A.M.S./ENDISPUTE or its successor (“JAMS”) pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the “Act”); and the terms and conditions of this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.’s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the “JAMS Rules”), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS’s panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party’s notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator’s award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator’s fees will be shared equally by the parties and each party will initially bear its own costs and attorneys’ fees, but the prevailing party shall be reimbursed by the other party for all attorneys fees, witness fees, and arbitration costs. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief.

Foreign Usage

We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the United States.

Erratum

This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.

Modifications of this Agreement

We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this site or elsewhere. Any usage of this site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.

Notice

Notices to you may be issued via electronic mail or by surface mail, at our sole selection.

Force Majeure

Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances.