Terms of Service
3 years ago · 22 minute read
TERMS OF SERVICE
April 9, 2018
Opt Out, LLC (“Opt Out,” “we” or “us”) is the proud owner of the Opt Out website www.optoutlife.com, the Opt Out Life podcasts, and our other related content (collectively, the “Services”). This page outlines the Terms of Service under which we provide you with our Services.
Please note that these Terms of Service are subject to change. We, in our sole discretion, may revise the Terms of Service at any time by updating this page. You should visit this page periodically to review the Terms of Service, as it is binding upon you.
- OUR WEBSITE & SERVICES Our goal at Opt Out is to empower you to live your best life. That’s why we created the Website and are offering the Services. We hope that you are able to use the books, blogs, news articles, courses, membership, products, podcasts and other content that is available through our Website and Services (collectively, the “Content”) as tools to achieve the life you want. Please note that the Content, Website and Services are to be used for informational purposes only. The Content, Website and Services are not legal advice and are not legal opinions. All views expressed by persons featured on the Website and Services are solely the opinions of that particular individual, and are not the opinions of any other entity or person.
- YOU are responsible for YOUR decisions and YOUR conduct while using the Website and Services. You probably know this by now, but it’s worth repeating: you are responsible for your decisions and your conduct while using the Website and Services (and the content contained therein). Specifically, you acknowledge and agree that you are responsible the decisions you make after accessing the Content, Website and Services. You further acknowledge and agree that we are not responsible for any action or inaction that occurs as a result of your use of our Website and Services, and/or the Content. This includes, but is not limited to, any business decisions you make. In short, if you make a business decision and it does not work out the way you hoped, we are not responsible to you for any legal damages.
- Maintain the security of your account, password and devices. You are also responsible for your username, passwords, and the security of your Opt Out account (“Account”). You may never use another’s username and password. You may not allow others to access or use the Services with your unique username, password, or other security code. You agree to notify us immediately of any breach of security or unauthorized use of your Account. You acknowledge and agree that we will not be liable for any losses caused by any unauthorized use of your username and password. You shall keep your Account password secure, and take appropriate measures to safeguard the security of your username, password and electronic device(s).
- Provide Us with True & Accurate Information. You are responsible for providing us with your valid email address, full legal name, accurate address, and any other information requested to for your Opt Out account (your “Account”). If any of this information changes, the information must be immediately updated with the current information. Information can be changed or updated by going to your Members settings section on optoutlife.com or by managing your subscriber preferences on our email list. All users can also contact us with questions on how to update or change their information by email at email@example.com You understand and agree that you are responsible for all information, data and content that you enter into the Website and/or provide to us, and all activity that occurs while you are using the Website and Services.
REQUIREMENTS FOR USE OF THE WEBSITE AND SERVICES
- Use the Website & Services only for acceptable uses and not for any illegal or prohibited purpose. As one of the conditions of your use of the Website and Services, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Website and Services for anything other than as a tool to help empower you to “opt out” and live the life you desire (the “Intended Purpose”). You shall NOT use the Website or the Services in any manner that is prohibited by these Terms of Service or which is illegal or prohibited by applicable law.
- Comply with laws in your jurisdiction. Recognizing the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable data. Specifically, you agree to comply with all applicable laws of your jurisdiction regarding the transmission of technical data and personally identifiable information.
- Be over the age of 18 and capable of giving legal consent. You must be at least the age of 18 to use the Website and Services. Any use of the Website or Services by someone under the age of 18 is strictly prohibited and is a violation of these Terms of Service. By creating an Account, accessing the Website and/or using the Services, you represent and warrant that you are over the age of 18 and you have the full right, power and authority to enter into these Terms of Service and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these Terms of Service.
- Do not be previously prohibited from using the Services. The Services may not be used by anyone we previously prohibited from using the Services.
- Be a human. Accounts registered by “bots” or other automated methods are not permitted.
- Do not resell the Content contained within our Website or Services. We provide our Website and Services to end-users. We do not want others distributing the Website, Services, or Content without our express written consent. As such, you acknowledge and agree you are using the Website and Services only for your own personal, non-commercial use. You agree that you will not distribute or resell the Website, Services, or Content for any other commercial or business purpose. The Website and Services, and all rights and privileges conferred therein, are personal and non-transferable.
YOU SPECIFICALLY AGREE THAT YOU WILL NOT:
- Use the Website and Services if you are under the age of 18.
- Use the Website or Services to upload, post, email, otherwise transmit, or post links to any content, or select any username or email address, that is misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
- Use the Website or Services to upload, post, email, otherwise transmit, or post links to any content or information that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
- Use the Website or Services to upload, post, email, otherwise transmit, or post links to any content or information that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age without parental consent.
- Use the Website or Services to “stalk” or otherwise harass another.
- Use the Website or Services to collect or store personally identifying information about others without their permission.
- Use the Website or Services to impersonate any person or entity, including, but not limited to, falsely state or otherwise misrepresent your affiliation with a person or entity.
- When signing up for an Opt Out Account or mailing list, use misleading email address or enter false and/or misleading information.
- Use the Website or Service to upload, post, email, otherwise transmit, or post links to any content or information that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Use the Website or Services to upload, post, email, or otherwise transmit, or post links to any content or information that facilitates hacking.
- Use the Website or Services to upload, post, email, otherwise transmit, or post links to any content or information that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement.
- Use the Website or Services to upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Use the Website or Services to upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Services.
- Use automated means, including spiders, robots, crawlers, or the like to download data from any of our databases, unless said means is by an API that we have specifically approved of.
- Conduct your own contests and promotions using the Website or Services, or use the Website or Services to upload, post, email, otherwise transmit, or post links to any information regarding any raffle, contest or game requiring a fee by participants.
- Incorporate information or content from our Website or Services into any email or “white pages” products or services, whether browser-based, based on proprietary client-site applications, web-bates or otherwise.
- Engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Website or Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Website or Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional web browser, unless said system is by an API that is specifically approved of by us.
- Interfere with or disrupt the Website or Services or servers or networks connected to the Website or Services.
- Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any work, including but not limited to software which is deployed in connection with the Website or Services.
- Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive or contrary to the spirit of these Terms of Service.
- While we take the security of your Account and the Website and Services very seriously, we cannot ensure or guarantee their security. Any such use shall be at your sole risk, and you shall relieve us and our affiliates of all liability in connection therewith.
FEES, CANCELLATION, TERMINATION AND REFUNDS
- In order to sign up for a Premium Member Account, we require that you create a Premium Membership Account and pay the corresponding fee. Current fees for the Services can be found on our pricing page located at www.optoutlife.com/members (the “Fee”). Once we receive the first Fee, we will commence your membership. We will continue to charge you the Fee every month on the first of each month, until you cancel the Premium Membership Account or you are terminated per Section 5.4 and Section 5.5, below. We reserve the right to change prices at any time, and we will post the changes on www.optoutlife.com/members and send you an email notification to your email address we have on file. We not provide price protection or refunds.
- How we charge you for our Premium Membership. When you sign up for the Premium Membership Account, you must pay the Fee. We will commence your membership once we receive the Fee. You will then be automatically chargedthe Fee every month from the date you signed up for the Premium Membership Account. You specifically acknowledge that the Premium Membership Account has an initial and then recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. To be clear, YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED THE FEE EVERY MONTH. Please note that if you sign up for the Services, we will submit the charges to the payment method you used to set up without further authorization from you, until you cancel the Services, the Services are terminated, or you change your payment method. Such notice will not affect charges submitted before we could reasonably act.
- Fee Collection; Information provided by your credit/banking institution. We accept credit card payments to collect the Fee. We currently process Fee payments through Stripe. You agree to pay the Fee. You are also responsible for paying any sales and use taxes that may apply to your purchase of the ____ Account. All payments shall be made in advance. If you do not pay the Fee on time or if your payment method cannot be charged for any reason, we reserve the right to either suspend or terminate the Services and your Account. We will not be responsible for any costs, expenses, or liabilities arising out of or related to the cancellation of your ____ Account for this reason. Opt Out and our third party payment service provider (currently, Stripe) may receive updated payment/banking information from your credit card or payment method issuer. The disbursement of this updated information is provided to Opt Out and our third party payment service provider at the election of your credit card and payment method issuer. Neither Opt Out nor our third party payment service provider is responsible for the distribution of your credit card or payment method information. It is at the sole election of your credit card or payment method issuer. Your credit card or payment method issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card or payment method issuer with regards to your right to opt out of the update service.
- You may cancel the Premium Membership Account or delete your Account at any time. To cancel the Services, please log in to your Account and select “Cancel” then follow instructions towards cancellation. Cancellation requests submitted in this manner for Premium Membership Accounts must be received at least one full calendar day prior to the first of the month to avoid being charged for that shipment. Cancellation requests received after that date shall take effect the following month. If you have any problems with cancellation, or would like further assistance with cancelling your account, please email us at firstname.lastname@example.org or call us at 858-869-1146.Please note that if you cancel your Premium Membership Account or your Account in general, you may not be provided with notice of this cancellation and you will no longer have access to certain features of the Services. You also may not have access to any information within the Services. We are not responsible for any losses you have in the event you cancel your Account.
- We may also terminate or suspend your Account. We, in our sole discretion, have the right to suspend or terminate your Account and refuse to provide you with the Services for any reason at any time, including a violation of these Terms of Service. After termination, you will no longer have access to your Account, and you many not have access to any data within the Services. You will also no longer receive the Services. As previously stated, we will not be responsible for any costs, expenses, or liabilities arising out of or related to the termination of your Account or the cession of Services.
- Refunds. We do not offer refunds or returns at this time.
- INTELLECTUAL PROPERTY RIGHTS AND CONTENT OWNERSHIP
- Our Intellectual Property. The Website and Services, including but not limited to our trademarks, our text, graphics, images, logos, buttons, icons, materials, software, Content and the overall “look” and “feel” of the Website and Services, are the sole property of Opt Out, LLC, and are the protected patents, copyrights, trademarks, trade secrets and service marks of Opt Out, LLC (collectively, the “Opt Out IP”). Content which is not created or owned by Opt Out, LLC are the trademarks and copyrights of their respective owners. Unauthorized use of the Opt Out IP may violate copyright, trademark and other laws. You may not reproduce, modify, display, sell, or distribute the Opt Out IP unless you obtain our explicit written consent.
- Your Content. Original content you create and/or post on our Website or through our Services (“Your Content”) may be protected under copyright and other intellectual property laws. We ask that you respect the law, and not violate anyone’s intellectual property rights. Thus, you represent and warrant that:
- Your Content does not and will not violate third-party rights of any kind, including without limitation third-party copyrights, trademarks, or rights of privacy or publicity.
- Your Content does not violate the terms of this Agreement.
- There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of Your Content or which might in any way impair the rights granted by you under this Agreement.
- If Your Content incorporates any content created by third parties (“Additional Content”), you represent and warrant that the end user license agreement, agreement, terms of service or the equivalent license agreed to by you and the owner of the Additional Content allows you to incorporate the Additional Content into Your Content, and to license it to us for the purposes set forth in this Agreement.
If any of Your Content is believed to be, or alleged to be, infringing of any third-party rights or these Terms of Service, we reserve the absolute right to remove, block, and/or refuse to publish such content immediately and without notice. You acknowledge and agree that we may refuse to publish, distribute, or make available Your Content.
- Third Parties’ Intellectual Property. We use several third-parties to make certain features of the Services available to you, including but not limited to Stripe, Google Analytics, Facebook, and Active Campaign. You acknowledge and agree that, with respect to any such third party features, content and/or license, you shall be bound by any and all such limitations in place by said third party (via license or other agreement), and shall be subject to any restrictions or terms associated therewith. You acknowledge and agree that you shall receive, with respect to such third party licenses, only such warranties and protections as we receive directly from the applicable third party licensor and that we are able to pass on to you.
- We grant you a license to use the Opt Out IP for the sole purpose of accessing and using the Website and Services. You expressly grant us, and you represent and warrant that you have all rights necessary to grant to us, a worldwide, non-exclusive, sublicensable, transferable, perpetual and irrevocable license to use Your Content and the information you provide to us for the Website and Services.
- No Liability for Content of Others. By using the Website and Services, you agree that you shall not hold us liable for the content of others. You also shall evaluate, and bear all risks associated with, the use of any content on the Website and/or Services, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge and agree that you may not rely on any content created by or obtained through the use of Website and Services, including without limitation, information posted on message boards.
- DMCA. We are committed to protecting copyrights and expect our users of Liveswap to do the same. We abide by the federal Digital Millennium Copyright Act (“DMCA”). If you believe that a user’s Content is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify us of any such copyright. Similarly, if you disagree that your Content constitutes an infringement, you may send a counter-notification. In either case, your written notice should be sent to our designated agent as follows:
PO Box 1416
La Jolla, CA 92038
Please note that third party providers have their own DMCA procedures. If you believe a user on a third party site is infringing on your propriety work, please use that third party’s DMCA complaint procedure.
Copyright infringement Notification. To file a copyright infringement notification, please send us written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements). To expedite our ability to process your request, please use the following format:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Counter-Notification. If you disagree that your Content is an infringement of another’s work, you may elect to send us a counter notice. To be effective, your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements) To expedite our ability to process your request, please use the following format:
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please also note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of this Agreement. This Agreement is not legal advice, and before sending either a copyright infringement notification or counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our rights and obligations under the DMCA and do not constitute legal advice. Where applicable, we will comply with the procedures outlined in the DMCA.
- INDEMNIFICATIONYou agree to defend, indemnify and hold harmless Opt Out, LLC and its employees, officers and directors from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from: your breach of these Terms of Service, your breach of representations and warranties made in these Terms of Service, your violation of any other person’s intellectual property, your conduct (including but not limited to violations of the law), and your use of the Website and Services.
- DISCLAIMERS AND LIMITATIONS ON LIABILITY
- Limitations of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ECONOMIC DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, AND LOSS OF GOODWILL) RESULTING FROM THE USE, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE SERVICES AND/OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID FOR THE SERVICES; OR (B) THE SUM OF ONE HUNDRED DOLLARS (US $100).
- By entering into these Terms of Service you acknowledge and agree that we are simply providing the Website and Services, and that we make no warranties of any kind relating to the Website and Services, any data or content contained within or related to the Services, any data or content available through the Services or the Website, and documents or information available through the Services or the Website. Furthermore, nothing on or within Services shall be considered an endorsement, representation, assumption of responsibility or warranty with respect to any third party, whether in regards to their website, products, technologies, services, business practices or otherwise.
WE DO NOT WARRANT THAT OUR WEBSITE, SERVICES, OR THE CONTENT WILL MEET YOUR EXPECTATIONS, OPERATE ERROR-FREE, OR BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF OUR WEBSITE AND/OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THOSE COSTS. WE FURTHER DO NOT WARRANT THAT WEBSITE AND/OR SERVICES WILL RESULT IN A BETTER OR IMPROVED FINANCIAL SITUATION, OR A BETTER OR IMPROVED LIFE. WE SPECIFICALL DO NOT WARRANT THAT YOU WILL INCUR ANY NET POSITIVE RESULT FROM THE USE OF OUR WEBSITE AND/OR SERVICES.
YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE WEBSITE AND SERVICES, AND THE INTERNET IN GENERAL. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. OPT OUT, LLC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO BE CLEAR, OPT OUT, LLC UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE SERVICES AND GOODS EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF SERVICE, AND OPT OUT, LLC ASSUMES NO RESPONSIBILITY THAT THE GOODS OR SERVICES WILL BE FIT FOR ANY PARTICULAR PURPOSE, EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF SERVICE.
THIS LIMITATION OF WARRANTIES IS A PART OF THE BARGAIN BETWEEN YOU AND US. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OPT OUT, LLC OR ANY PERSON ON BEHALF OF OPT OUT, LLC SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY. NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT OUR WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
- Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
- Access outside the USA. We make no claims that the Services are appropriate or legal to be viewed by certain persons or in certain countries. The Services are for those in the United States, and shall not be used by those outside the United States. If you access the Services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
- EMAIL NOTIFICATIONS & COMMUNICATIONS WITH US REGARDING IMPROVEMENTS
- Email Notifications. You acknowledge and agree that by providing us with your email address, you grant consent for us to send you notices related to the Website and Services, including any notices required by law, in lieu of communication by postal mail. Therefore, you shall make sure your email address listed under your “Account Information” section is current and accurate. If you do not want to receive legal notices through email messages, and prefer to receive legal notices by mail, please contact us at the address provided below. If you do not want to receive non-legal notices by email, please opt out by contacting us at email@example.com.
- Your Communications with us regarding improvements to the Website and/or Services. You may contact us by email, phone or mail at the address provided below. If you contact us, you agree that if you have ideas regarding improvements or additions to us, we would like to hear them — but any submission will be subject to these Terms of Service. Specifically, UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO US BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO US, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO US THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT WE ARE FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY US, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
- ARBITRATION, JURY TRIAL & CLASS ACTIONS
- Please read this Section carefully. It is part of your agreement with Jo-El Wire Company, LLC and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION.
You agree that any dispute related to these Terms of Service, your use of the Website and Services, or any dispute related to your relationship with Opt Out, LLC or our affiliates, directors, officers, agents, shareholders, members, subsidiaries, parents, shall be submitted to binding arbitration under the rules of the Judicial Arbitration and Mediation Services (JAMS), located in San Diego, California. The JAMS Rules of Arbitration shall govern all aspects of the arbitration you bring, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement. The JAMS Rules of Arbitration are available on JAMS’ website, https://www.jamsadr.com/rules-comprehensive-arbitration/. The arbitration shall be conducted by a single arbitrator, with the prevailing party to pay all costs and attorney fees. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Jury Trial Waiver. Please read this Section carefully. It is part of your agreement with Opt Out, LLC and affects your rights. It contains a WAIVER OF YOUR RIGHT TO A JURY TRIAL.
You hereby waive your constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration per Section 11.1 of these Terms of Service. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Opt Out, LLC in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions.Please read this Section carefully. It is part of your agreement with Opt Out, LLC and affects your rights. It contains a WAIVER OF YOUR CLASS ACTION RIGHTS.
ALL CLAIMS AND DISPUTES BETWEEN YOU AND OPT OUT, LLC MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- 30-Day Right to Opt Out. You have the right to opt out of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions (Sections 11.1 – 11.3 of these Terms of Service) by sending written notice of your decision to opt out to the following address: Opt Out LLC PO Box 1416 La Jolla, CA 92038 within 30 days from the date you first create an Account. If you send this notice, then the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions will not apply you must bring claims per Section 12.3, below. If you do not send this notice, then you agree to be bound by the terms of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions in Sections 11.1 – 11.3 of these Terms of Service. Agreeing to arbitration and waiving your rights to jury trial and class action participation is an important decision for you to make. It can shorten the litigation process and result in cost savings, but it also takes away certain rights, such as the right to a trial in front of your peers. Thus, please take time to carefully consider the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions of these Terms of Service. Since the information provided in these Terms of Service is not intended to contain a complete explanation of the consequences of arbitration, class action or jury waiver, you may want to consult an attorney.
- MISCELLANEOUS PROVISIONS
- No waiver and partial validity. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Opt Out, LLC, and they govern your use of the Website and Services. The Terms of Service also supersede any prior agreements between you and Opt Out, LLC (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term.
- Equitable relief. You understand and agree that due to the nature of these Terms of Service, in addition to money damages, we will be entitled to equitable relief upon a breach of the Terms of Service by you.
- Governing Law and jurisdiction. These Terms of Service are governed by the laws of the State of California without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms of Service shall be exclusively brought by arbitration in San Diego, California.
- Entire agreement. These terms constitute Opt Out, LLC’s entire binding Terms of Service, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding our Website and Services.
- Digital admissibility. You hereby agree that a printed version of these Terms of Service shall be admissible in judicial or administrative proceedings and is subject to the same conditions as other agreements, business documents or records originally generated, entered into, signed or maintained in printed form.
- QUESTIONS AND OUR CONTACT INFORMATION
Any questions or concerns should be addressed to our support team at firstname.lastname@example.org or by mail at:
Opt Out LLC
PO Box 1416
La Jolla, CA 92038
You can also reach us by phone at: 858-869-1146.
Opt Out, LLC is not an attorney, business advisor, broker financial advisor, accountant, CPA, life coach, psychologist, psychiatrist or spiritual leader. While Dana Robinson has been a broker and licensed attorney and Nathaniel Broughton has been a licensed real estate broker, the information provided on this site and through the Opt Out Life podcast do not constitute professional advice of any kind. Please seek individual advice from a licensed professional who can work directly with you to address your specific needs.