Revised May 18, 2022
PLEASE READ THESE TERMS OF USE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND REMEDIES YOUR USE OF THIS WEBSITE.
This Terms of Use Agreement (“Agreement”) is entered into by and between you and Palingenesis Creative Group, LLC, doing business as vcpro.com, and any of its subsidiaries, parents, affiliates, agents, employees, contractors, and any other related entity (“VCPro”). The validity of the Agreement takes effect from the date of use of this website (“Site”) or from the date of electronic acceptance. This Agreement establishes the general terms and conditions for the use of the Site and the products and services purchased or accessible through this Site (individually and collectively, the “Services”). The terms “company”, “we” or “our” refer to VCPro. The terms “User” or “customer” will refer to any natural or legal person who accepts this Agreement, has access to the User’s account or uses the Services. No part of this Agreement may constitute an act of conferral of rights or advantages to any third party.
VCPro may, in its sole and absolute discretion, change or modify this Agreement and any policy or agreement included therein, at any time, and such changes or modifications will become effective immediately upon posting on this Site. Your use of this Site or the Services after such changes or modifications have been made constitutes acceptance by the user of the latest revision of this Agreement. If you do not accept the latest revision of this Agreement as binding, you must not use (or continue to use) the Site or the Services. From time to time, VCPro may also notify you of changes or modifications to this Agreement by email. It is therefore very important that the information in your account is current and up to date, including your email address. VCPro is not responsible for your failure to receive an email notification if this is due to an inaccurate or outdated email address. In addition, VCPro may terminate your use of the Services as a result of your breach of any of the terms of this Agreement. VCPRO RESERVES THE RIGHT TO MODIFY, CHANGE OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING, TO EXAMPLE TITLE, PRICES AND RATES OF THE SAME, AT ANY TIME.
The Site and the Services are provided only to natural or legal persons (“Users”) entitled to stipulate legally binding contracts based on the laws in force. By using this Site or the Services, you represent and warrant that (i) you are at least eighteen (18) years old, (ii) that you are in any case authorized to enter into legally binding contracts under the laws in force or (iii) that you are not excluded from the purchase or receipt of the Services provided, under the laws of the United States or other applicable jurisdiction.
By entering into this Agreement on behalf of a company, you represent and warrant that you have the necessary legal authority to bind that company to the terms and conditions contained in this Agreement, in which case the terms “user” and “customer” will reference to that company. If, as a result of your electronic acceptance of this Agreement, VCPro discovers that you do not have the legal authority to bind such company, you will be personally liable for your obligations contained in this Agreement, including by way of example, the payment obligations. VCPro will not be liable for any loss or damage resulting from VCPro's compliance with instructions, notices, documents or communications that VCPro believes in good faith to be authentic or from an authorized representative of its company. If there is reasonable doubt as to the authenticity of such instructions, notifications, documents or communications, VCPro reserves the right (without obligation) to require further authentication from you. You also accept the terms of this Agreement as binding for transactions entered into by you, anyone acting as an agent and anyone using your account or Services, with or without authorization. VCPro reserves the right (without obligation) to require further authentication from the user. You also accept the terms of this Agreement as binding for transactions entered into by you, anyone acting as an agent and anyone using your account or Services, with or without authorization. VCPro reserves the right (without obligation) to require further authentication from the user. You also accept the terms of this Agreement as binding for transactions entered into by you, anyone acting as an agent and anyone using your account or Services, with or without authorization.
To access some features of this Site or some Services, the User must create an Account. You represent and warrant to VCPro that all information submitted in the course of creating your Account is accurate, up-to-date and complete and that you will keep your Account information up-to-date, accurate and complete. If VCPro has reason to believe that your Account information is false, inaccurate, out of date or incomplete, VCPro reserves the right, in its sole and absolute discretion, to suspend or cancel your Account. The User is solely responsible for the activity that takes place in his or her Account, whether authorized or not, and must protect the Account information, including, without limitation, the customer number / login, password, etc. For security reasons, VCPro recommends that you change your password at least every six (6) months for each Account. The User must immediately notify VCPro of any breach of security or unauthorized use of the Account. VCPro will not be liable for any loss suffered by the User due to unauthorized use of the Account. The User, however, may be responsible for any loss suffered by VCPro or others through the Account, whether caused by the User, an authorized person or an unauthorized person. User must immediately notify VCPro of any breach of security or unauthorized use of the Account. VCPro will not be liable for any loss suffered by the User due to unauthorized use of the Account. The User, however, may be responsible for any loss suffered by VCPro or others through the Account, whether caused by the User, an authorized person or an unauthorized person. User must immediately notify VCPro of any breach of security or unauthorized use of the Account. VCPro will not be liable for any loss suffered by the User due to unauthorized use of the Account. The User, however, may be responsible for any loss suffered by VCPro or others through the Account, whether caused by the User, an authorized person or an unauthorized person.
The User acknowledges and accepts that:
The use by the User of the Site and the Services, including the contents sent by the User, must take place in compliance with this Agreement, any contract for the provision of services or any policy applicable to the Services, as well as in compliance with all laws and regulations applicable at local, regional, national, or international level.
You will not use the Site or Services in a way that, as determined by VCPro in its sole and absolute discretion:
The User undertakes not to carry out any false, abusive or fraudulent activity. You agree not to take any action that imposes, or may impose, in our sole discretion, an unreasonably or disproportionately large load on our infrastructure;
The User undertakes not to copy or distribute in any means of communication any part of this Site or the Services, except where explicitly authorized by VCPro.
The User also undertakes not to modify or alter any part of the Site or of the Services found on the Site or any related technology.
You agree to back up all User Content so that you can access and use them as needed. VCPro does not warrant that it will back-up user accounts or content, and you agree to accept the risk of any loss of all or some User Content.
You agree not to resell or provide the Services for commercial purposes, including related VCPro technologies, without VCPro's prior written consent.
The User undertakes not to circumvent, disable or otherwise interfere with the security features of the Site or the Services present on the Site (including, by way of example and not limited to, those features that prevent or limit the use or copying of the VCPro Content or User Content) or that apply limitations to the use of this Site or the Services on the Site, VCPro Content or User Content contained therein.
The User agrees to provide, when requested, a state-issued identification photograph and / or a state-issued company identification document that may be required to verify identity.
Without prejudice to any other rights set forth elsewhere in this Agreement, VCPro expressly reserves the right to deny, cancel, revoke, suspend, or limit future access to this Site or any of the Services (including, without limitation, the right to cancel or transfer the registration of any domain name) for any User (s) whose account or access to the Services was previously terminated or suspended due to any breach of this Agreement or any other VCPro agreement or policy, or ( ii) that is or has been otherwise involved in inappropriate or illegal activities while using the Site or the Services (as determined by VCPro in its sole and absolute discretion).
Certain features of this Site or the Services, including those Services hosted on VCPro, may allow users to view, post, share, store or manage (a) ideas, opinions, suggestions or advice via forum posts, content submitted in connection with a competition, reviews or advice on products or activities (" User Submitted Material ") or (b) literary, artistic, musical or other content, including, but not limited to, photos and videos (together with Material sent by the User, " User Content"). Your Content includes all content submitted through your Account. By posting or posting User Content on or through this Site or Services, you represent and warrant to VCPro (i) that you own all rights necessary for the distribution of the User Content through this Site or through the Services, since it is the author and therefore has the right to distribute it or because in possession of appropriate distribution rights, licenses, consents and / or authorizations for its use obtained in writing from the copyright holder or other owner of the User Content, and (ii) that the User Content does not infringe the rights of any third party. The User is solely responsible for all User Content, including of those sent through your Account, as well as the consequences of and the requirements for their distribution.
By submitting or posting User Content on this Site or through the Services, the User authorizes VCPro to use the intellectual property and other proprietary rights in the User Content in order to allow the posting and use of the Content of the User in the manner provided by this Site and by this Agreement. The User hereby grants VCPro a license valid worldwide, non-exclusive, free of charge, sublicensable (on multiple levels) and transferable for the use, reproduction, distribution, preparation of related material, the combination with other material, the display and execution of the User Content in relation to this Site, the Services and the activities of VCPro (and of VCPro's affiliates) including, without limitation, the promotion and redistribution, in whole or in part, of this Site in any multimedia format and through any multimedia channel without limitations of any kind and without obligation to pay or other considerations of any kind, authorizations or notifications, to the User or to third parties. The User also grants each User of the Site a non-exclusive license to access User Content (with the exception of User Content designated as "private" or "password protected") through the Site and for use, reproduction, distribution, preparation of related material, combination with other material, display and execution of the Contents of the User as permitted through the features of this Site and under this Agreement. The aforementioned User Content license for User Content terminates within a commercially reasonable timeframe after the removal or deletion of User Content from the Site. You understand and agree, however, that VCPro may keep (but not distribute, view or make) copies on the server of the User Content that has been removed or deleted. The aforementioned licenses granted by the User for the User Content are perpetual and irrevocable. Notwithstanding any provision to the contrary contained herein, VCPro will not use User Content that has been designated as private or password protected by the User for the purpose of promoting this Site or the business of VCPro (or VCPro's affiliates). If you have a website or other content hosted by VCPro, you will own all ownership or license rights in the User Content.
Subject to the terms and conditions of this Agreement and our other policies and procedures, we will use reasonable efforts to attempt to provide this Site and the Services twenty-four (24) hours a day and seven (7) days a week. The User acknowledges and accepts that this Site may from time to time not be accessible or functional for any reason, including but not limited to equipment malfunctions; periodic maintenance, repairs or replacements occasionally performed by us; or causes beyond our reasonable control or not reasonably foreseeable, including but not limited to disruption of telecommunications or digital transmission links, hostile network attacks, network congestion or other failures.
VCPro generally does not pre-check User Content (posted on a website hosted by VCPro or posted on this Site). However, VCPro reserves the right (but is not an obligation) to do so and to decide whether a portion of the User Content is appropriate and / or compliant with this Agreement. VCPro may remove any portion of the User Content (whether posted on a site hosted by VCPro or on this Site) and / or prevent User access to the Site or Services available on it for posting material in violation of this Agreement. or for other breaches of the Agreement (as determined by VCPro in its sole and absolute discretion), at any time and without prior notice. VCPro may also prevent User access to this Site or the Services available on it if VCPro has reason to believe that the User is a multiple repeat offender. If VCPro prevents access to the Site or related Services, VCPro may, in its sole and absolute discretion, remove and destroy any data and files stored on its servers.
VCPro reserves the right to discontinue offering or providing any (i) Service or (ii) individual features, functionality or aspects of the Service at any time, for any or no reason and without notice. While VCPro makes every effort to maximize the lifecycle of all Services and the functions, features or aspects of the Services offered, sometimes a Service or a function, feature or aspect of a Service may be suspended or reach end of its life cycle (“End of Life cycle”). In such event, the Services, or the specific function, feature or aspect of the Service in question, will no longer be supported by VCPro, in any way, as of the End of Life cycle date. VCPro will not be liable to You or any third party for any modification, suspension or discontinuation of any (i) Service or (ii) individual features, functionality or aspects of the Service offered or for which access support is provided.
VCPro expressly reserves the right to deny, cancel, terminate, suspend, block or modify access to (or control of) any Accounts or Services (including the right to cancel or transfer domain name registrations) for any reason (as determined by VCPro, in its sole and absolute discretion), including, but not limited to, the following: (i) to correct errors made by VCPro in the provision of the Services (including the registration of domain names ), (ii) to protect the integrity and stability of, and to correct errors made by, any domain name registry or registrar, (iii) to assist in the detection and prevention of fraud and abuse, ( iv) to comply with court orders against the User and / or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with law enforcement requests, including subpoenas, (vi) to comply with dispute resolution proceedings, (vii) to defend legal actions or orders regardless of whether such legal actions or orders are found to be well-founded or unfounded, (viii) to avoid any civil or criminal liability for VCPro, its officers , directors, employees and agents, as well as for VCPro affiliates, including but not limited to cases where you have sued or threatened to sue VCPro,(ix) to respond to a large number of complaints related in any way to your Account or content on your site that could harm VCPro's business, operations, reputation or shareholders.
VCPro expressly reserves the right to review each Account to verify that space and bandwidth usage is not excessive and to close or apply additional quotas to Accounts that exceed permitted levels.
VCPro expressly reserves the right to cancel, without prior notice, any Services where, in VCPro's sole discretion, you are offending or threatening VCPro and / or VCPro employees.
No spam. We do not tolerate the transmission of spam. Customers suspected of using our products and services to send spam are thoroughly investigated. If we determine that there is a spam problem, it will take the necessary steps to resolve the situation. Spam means the sending of unsolicited commercial emails, unsolicited mass emails or unsolicited faxes, or emails or faxes sent to recipients as advertising or other form of communication without the recipient having explicitly consented to such sending. This may include the following, but are not limited to:
We will not allow the use of servers and services for the purposes described above. To use our products and services, you must not only comply with all applicable laws and regulations, including the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but also this anti-spam policy. Commercial advertising and / or mass emails or faxes may only be sent to recipients who have explicitly consented to receive messages. They must include a valid return address and return address, physical return address, and an unsubscribe method in the footer of the email or fax. Upon our request, it may be necessary to provide confirmation of explicit consent for an email address or fax number.
You agree that we may immediately terminate any Account if you believe, in your sole and absolute discretion, that it is transmitting or is otherwise related to spam or unsolicited mass emails. Additionally, if the actual damages cannot reasonably be calculated, you agree to pay us $1.00 damages compensation for each unsolicited message or unsolicited bulk email transmitted from or otherwise linked to your Account.
VCPro supports intellectual property protection. To submit (i) a trademark complaint, for infringement of a trademark for which you have a valid trademark or trademark, or (ii) a copyright complaint for materials for which you have a bona fide copyright, please contact us.
This Site and the Services available on it may contain links to third party websites that are not owned by VCPro or controlled by the company. VCPro is not responsible for the content, terms and conditions, privacy policies or practices of such third party websites. In addition, VCPro does not censor or modify the content of any third party website. By using this Site or the Services available on this Site, the User releases VCPro from any liability arising from the use of a third party website. Consequently, VCPro urges the User to exercise caution when leaving this Site or the Services available on this Site and to check the terms and conditions, privacy policies and other official documents of any other website visited.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES AVAILABLE ON THIS SITE WILL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES AVAILABLE ON THIS SITE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" "AND" WITH ALL DEFECTS ". VCPRO, ITS OFFICIALS, DIRECTORS, EMPLOYEES, OPERATORS AND ALL THIRD PARTY SERVICE PROVIDERS MAKE NO STATUTORY WARRANTIES, IMPLIED OR EXPRESS, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF A SPECIFIC PERFORMANCE, COMMITMENT, NON-INFRINGEMENT. VCPRO, ITS OFFICIALS, DIRECTORS, EMPLOYEES AND OPERATORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS OR CONTENT OF THE SITE, (II) ACCURACY, COMPLETENESS OR CONTENT OF LINKED SITES (THROUGH HYPERTEXT LINKS, BANNER, ADVERTISING OR OTHERWISE) TO THIS SITE AND / OR (III) SERVICES AVAILABLE ON THE SITE OR ANY OTHER LINKED SITES (THROUGH HYPERTEXT LINKS, BANNER, SITE ADVERTISING OR OTHERWISE); VCPRO DOES NOT ASSUME ANY LIABILITY WHATSOEVER.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR SUGGESTIONS PROVIDED BY VCPRO, ITS OFFICIALS, DIRECTORS, EMPLOYEES OR AGENTS (INCLUDING, BUT NOT LIMITED TO, CALL CENTER OR SERVICE REPRESENTATIVES) THIRD PARTY SERVICE PROVIDERS (I) WILL CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) MAKE ANY WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES AVAILABLE ON THIS SITE, AND THAT USERS SHOULD NOT RELY ON ANY OF THIS INFORMATION SUGGESTIONS.
THE ABOVE DISCLAIMER FOR STATEMENTS AND WARRANTIES WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL REMAIN VALID EVEN AFTER THE TERMINATION OR EXPIRATION OF THIS AGREEMENT OR AFTER THE USE OF THIS SITE OR THE SERVICES AVAILABLE ON THIS SITE.
IN NO EVENT SHALL VCPRO AND / OR ITS RELATED OFFICIALS, DIRECTORS, EMPLOYEES, AGENTS AND ANY THIRD PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM (I) ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE, (II) ACCURACY, COMPLETENESS OR CONTENT OF ANY LINKED SITE (THROUGH HYPERLINKS, ADVERTISING BANNER OR OTHER) TO THIS SITE, (III) AVAILABLE ON THIS SERVICE SITE OR ANY LINKED SITE (THROUGH HYPERTEXT LINKS, ADVERTISING BANNER OR OTHERWISE) TO THIS SITE, (IV) DAMAGE TO PERSON OR PROPERTY OF ANY NATURE, (V) CONDUCT OF THIRD PARTIES OF ANY NATURE,(VI) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND / OR ANY CONTENT, PERSONAL, FINANCIAL OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) INTERRUPTIONS OR TERMINATION OF SERVICES TO OR FROM THIS SITE OR ANY LINKED SITE ( THROUGH HYPERTEXT LINKS, ADVERTISING BANNER OR OTHERWISE) TO THIS SITE, (VIII) VIRUS, WORM, BUG, TROJAN HORSE OR SIMILAR, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY LINKED SITE (THROUGH OTHER LINKS, ADVERTISERS, OR HYPERLINKS) THIS SITE, (IX) USER CONTENT OR DEFAMING, OFFENSIVE, ABUSIVE, HARMFUL TO MINORS OR ANY CATEGORY PROTECTED, PORNOGRAPHIC, PROHIBITED TO MINORS, OSCEN OR OTHERWISE MORALLY DISCUSSIBLE CONTENT AND / OR (X) LOSS OR DAMAGES TYPE ARISING FROM USE BY THEUSER OF THIS SITE OR OF THE SERVICES AVAILABLE ON THIS SITE, WHETHER THEY ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR FAIR THEORY AND REGARDLESS WHETHER VCPRO HAS BEEN INFORMED OF SUCH DAMAGES.
FURTHERMORE, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL VCPRO'S TOTAL LIABILITY EXCEED US $ 10,000.00.
THE ABOVE LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL REMAIN VALID EVEN AFTER THE TERMINATION OR EXPIRATION OF THIS AGREEMENT OR USE OF THIS SITE OR THE SERVICES AVAILABLE ON THIS SITE.
You agree to protect, defend, indemnify and release VCPro and its officers, directors, employees, agents and third party service providers from any and all liability related to claims, claims, costs, expenses, losses, liabilities and damages of any kind and nature. (including, without limitation, fees) imposed or incurred by VCPro directly or indirectly arising from (i) the use of and access to this Site or the Services available on this Site; (ii) the breach of any provision of this Agreement or of the policies or agreements included therein; and / or (iii) the violation of any third party right, including, without limitation, intellectual property right or other proprietary right.
VCPro makes no representations or warranties that the content included on this Site or the Services available on the Site is appropriate in each country or jurisdiction and regarding access to this Site or the Services available on the Site from countries or jurisdictions in which the content is illegal or prohibited. Users who choose to access this Site or the Services available on the Site are responsible for complying with all local laws, rules and regulations.
The terms of this section apply to all disputes between you and VCPro. For the purposes of this section, the term "Dispute" means any dispute, claim or action between you and VCPro arising out of or relating to any VCPro Service or Product, the VCPro website, these terms or any other transaction between you and VCPro, arising from a contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance or other legal or equitable basis, and shall be interpreted with the broadest meaning permitted by applicable law. YOU AND VCPRO AGREE THAT ANY "DISPUTES", UNDER THE DEFINITION IN THESE TERMS, WILL NOT INCLUDE CLAIMS OR BASIS OF LEGAL ACTION BY YOU OR VCPRO FOR (I) UNDUE APPROPRIATION OF SECRETS, (II) TRADE SECRETS OF PATENTS, (III) INFRINGEMENT OR INCORRECT USE OF COPYRIGHT AND (IV) INFRINGEMENT OR DILUTION OF TRADEMARKS. Further, notwithstanding any other provision of these terms, you agree that it is a court and not an arbitrator that determines whether any claims match any of these four exceptions.
You and VCPro also agree: (i) to adjudicate any disputes between the parties in full compliance with the provisions set forth in these terms; (ii) that these terms formalize an interstate trade transaction; (iii) that the Federal Arbitration Act (9 USC §1, et seq.) governs the interpretation and application of this section; (iv) that this section will remain in effect even in the event of termination of these terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHTS BY RELYING ON A JUDGE OR JURY OF A COURT AND THAT YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator can recognize the user the same damages recognized by his own jurisdiction, according to the Limitations of Liability expressed in Section 19 of this Agreement and may assign a declaration or injunction only in favor of the party who requests it and exclusively to the extent necessary to offer ancillary measures guaranteed by the individual claims of that party. In addition, in some cases, the costs of the arbitration may exceed the costs of the dispute and the production of evidence may be more limited during the arbitration than in the court. The arbitrator's decision is final and enforceable by any court to which the parties have jurisdiction.
In the event of a dispute, you or VCPro must first send the other party a notification of the dispute that includes a written statement with the name, address and contact details of the party initiating the dispute, the facts that generated the dispute and the requested action ("Notice of Dispute"). Notice of Dispute to VCPro should be sent to VCPro at the addres listed below. The Notice of Dispute to the User will be sent by certified mail to the most recent address of the User present in the Company's archives. If VCPro and the User do not reach an agreement to resolve the dispute within sixty (60) days of receiving the Notice of Dispute, you or VCPro may initiate arbitration proceedings as set forth in this section. Upon sending and receiving the Dispute Notice, each party agrees to act in good faith to attempt to resolve the dispute before initiating arbitration.
YOU AND VCPRO AGREE THAT EACH OF THE PARTIES MAY START ANY DISPUTES AGAINST THE OTHER PARTY ONLY IN A PERSONAL CAPACITY AND NOT AS AN ACTOR OR MEMBER OF AN ALLEGED COLLECTIVE LAW OR REPRESENTATIVE PROCEEDINGS, FOR EXAMPLE, FOR EXEMPTION FEDERAL OR STATE COLLECTIVE OR GROUP ARBITRATION. NEITHER YOU NOR VCPRO WILL SEEK ANY DISPUTES SUCH AS COLLECTIVE LEGAL ACTIONS, GENERAL DEPARTMENT OF JUSTICE ACTIONS OR OTHER PROCEDURES IN WHICH EACH PARTY ACTING OR PROPOSES TO ACT AS A REPRESENTATIVE ACTIVITY. NO ARBITRATION OR OTHER PROCEEDINGS WILL BE COMBINED WITH ANY OTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES FOR ALL APPLICABLE ARBITRATION OR PROCEEDINGS.
If either party decides to initiate arbitration, it will be administered by the American Arbitration Association ("AAA") and governed by the AAA Consumer Arbitration Rules ("AAA Rules") together with the regulations set forth in these terms, except that AAA cannot handle multiple plaintiffs or collective arbitration, as the parties agree that arbitration is limited to the resolution of individual disputes only. The AAA Regulations are available at www.adr.orgor by calling 1-800-778-7879. In the event of a conflict between the AAA Rules and the provisions of these Terms, the rules set out in these Terms will prevail. During an arbitration, you may take any other action available under federal, state or local law, subject to the limitations of liability set forth in section 19 of this Agreement. All disputes will be resolved by a single neutral arbitrator and both parties will have a reasonable opportunity to participate in the arbitrator's choice. The arbitrator is bound by these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to interpretation, enforceability, effectiveness or formation of these Terms, including, without limitation, any claims of the ineffectiveness of all these Terms or portions of them. The arbitrator will have sole authority to rule in his jurisdiction, including in the event of any objections as to the existence, purpose or validity of the arbitration resolution or the compromise of any claims or counterclaims. Despite the arbitrator's broad delegation of authority, a court may determine whether the claim or cause of the action relates to (i) misappropriation of trade secrets, (ii) infringement of patents, (iii) infringement or misuse of copyright, (iv) infringement or dilution of trademarks, excluded from the definition of the term "Disputes" as stated above. The arbitrator will have the power to award any provision available in court under the law or on an equitable basis. The arbitrator's judgment will be binding on the parties and may be issued as a judgment in any court of competent jurisdiction. You can choose to participate in arbitration hearings by telephone. Non-telephone hearings will take place at a location reasonably accessible from your primary residence (or primary place of business in the case of a small business) or in Los Angeles County, California, as you choose. arbitrator will be binding on the parties and may be issued as a judgment in any court of competent jurisdiction. You can choose to participate in arbitration hearings by telephone. Non-telephone hearings will take place at a location reasonably accessible from your primary residence (or primary place of business in the case of a small business) or in Los Angeles County, California, as you choose. The decision of the arbitrator will be binding on the parties and may be issued as a judgment in any court of competent jurisdiction. You can choose to participate in arbitration hearings by telephone. Non-telephone hearings will take place at a location reasonably accessible from your primary residence (or primary place of business in the case of a small business) or in Los Angeles County, California.
This Agreement will be binding on and effective for the benefit of the contracting parties and their respective heirs, successors and assigns.
No part of this Agreement may constitute an act of conferral of rights or advantages to any third party.
If you have any questions regarding this Agreement, you can contact us by email or regular mail at the following address:
PALINGENESIS CREATIVE GROUP, LLC
11760 Telegraph RD. Unit 4112
Santa Fe Springs CA 90670