Terms of Use

Terms of Use
This policy sets forth the guideline(s) under which you may
use TonyGaskinsAcademy.com, an on-line web based
internet service provider, TonyGaskins.com and/or the web
portal for the Tony Gaskins Academy(as applicable, the
“Website”) each operated by Gaskins Productions, LLC, a
Florida for profit limited liability company, d/b/a Tony Gaskins
Academy, Tony Gaskins Academy.com, (the “Company”,
”we” or ”us”). The operation of the Tony Gaskins Academy
by the Company is done so under an exclusive License
Agreement with Gaskins Productions, LLC. The following
terms and conditions, together with any documents they
expressly incorporate by reference (collectively, these
”Terms of Use”), govern your access to and use of the
Website, including any content, functionality and services
offered on or through the Website, whether as a guest or a
registered user.
PLEASE READ THIS PAGE CAREFULLY. IF YOU DO NOT
ACCEPT THE TERMS OF USE STATED HERE, DO NOT
USE THE WEBSITE AND THE SERVICES. BY USING OR
ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND
BY THE PROVISIONS OF THESE TERMS OF USE.
These Terms of Use may be updated at any time in ways
that will not materially change your privacy protections and
the most recent revision posted supersedes all prior
agreements. The Company will always let you know when
the latest update occurred by posting the "Effective Date" on
the bottom of this page. If you continue using the Website
after the Effective Date, such use shall confirm that you have
accepted our new Terms of Use. You should visit this page
periodically to review the Terms of Use, because they are
binding on you and are subject to change. However, in the
event that the Website makes material changes to the Terms



of Use affecting the privacy of user information, the
Company will obtain your affirmative express consent.
1. Conformity with Applicable Law
By using the Website, you represent and warrant that you
are of legal age to form a binding contract with the Company
and meet all legally applicable eligibility requirements. If you
do not meet all of these requirements, you must not access
or use the Website. By using the Website you represent and
warrant that any use of the Website and the data provided
thereby will be in a manner consistent with any and all
applicable laws, rules and regulations.
2. Accessing the Website and
Account Security
We reserve the right to withdraw, amend or alter the
Website, and/or any service provided thereby, in our sole
discretion without notice. We will not be liable if, for any
reason, all or any part of the Website is unavailable at any
time or for any period. From time to time, we may restrict
access to some parts of the Website.
You are responsible for:
• Making all arrangements necessary for you to have access
to the Website.
• Ensuring that all persons who access the Website through
your internet connection are aware of these Terms of
Use and comply with them.
To access the Website or some of the resources it offers,
you may be asked to provide certain registration details or
other information. It is a condition of your use of the Website
that all the information you provide on the Website be
correct, current and complete. You agree that all information
you provide to register with this Website or otherwise,
including but not limited to, through the use of any interactive



features on the Website, is governed by our Privacy Policy,
and you consent to all actions we take with respect to your
information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password
or any other piece of information as part of our security
procedures, you must treat such information as confidential,
and you must not disclose it to any other person or entity.
You also acknowledge that your account is personal to you
and agree not to provide any other person with access to
this Website or portions of it using your user name,
password or other security information. You agree to notify
us immediately of any unauthorized access to or use of your
user name or password or any other breach of security. You
also agree to ensure that you exit from your account at the
end of each session. You should use particular caution when
accessing your account from a public or shared computer so
that others are not able to view or record your password or
other personal information.
We have the right to disable any user name, password or
other identifier, whether chosen by you or provided by us, at
any time in our sole discretion for any or no reason, including
if, in our sole discretion, we believe you have violated any
provision of these Terms of Use.
3. Intellectual Property Rights
The Website and its entire contents, features and
functionality (including but not limited to all information,
software, text, displays, images, video and audio, and the
design, selection and arrangement thereof), are owned by
the Company, its licensors, affiliates or other providers of
such material and are protected by United States and
international copyright, trademark, patent, trade secret and
other intellectual property or proprietary rights laws.
These Terms of Use permit you to use, reproduce, perform
or display the content of the Website but do not grant you



any license to the content or a right to distribute such content
other than the following permissible uses:
• Your computer may temporarily store copies of such
materials in RAM incidental to your accessing and
viewing those materials.
• You may store files that are automatically cached by your
Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable
number of pages of the Website for your own personal,
non-commercial use and not for further reproduction,
publication or distribution.
• If we provide desktop, mobile or other applications for
download, you may download a single copy to your
computer or mobile device solely for your own personal,
non-commercial use, provided you agree to be bound
by our end user license agreement for such
applications.
• If we provide social media features with certain content,
you may take such actions as are enabled by such
features.
In using the Website you must not:
• Modify copies of any materials from the Website.
• Use any illustrations, photographs, video or audio
sequences or any graphics separately from the
accompanying text.
• Delete or alter any copyright, trademark or other
proprietary rights notices from copies of materials from
this site.
• Sell or modify the Website content or reproduce, display,
publicly perform, distribute, or otherwise use the
Website content in any way for any public or
commercial purpose.
If you print, copy, modify, download or otherwise use or
provide any other person with access to any part of the
Website in breach of these Terms of Use, your right to use



the Website will cease immediately and you must, at our
option, return or destroy any copies of the materials you
have made. No right, title or interest in or to the Website or
any content on the Website is transferred to you, and all
rights not expressly granted are reserved by the Company.
Any use of the Website not expressly permitted by these
Terms of Use is a breach of these Terms of Use and may
violate copyright, trademark and other laws.
The Company name and all related names, logos, product
and service names, designs and slogans are trademarks of
the Company or its affiliates or licensors. You must not use
such marks without the prior written permission of the
Company. All other names, logos, product and service
names, designs and slogans on this Website are the
trademarks of their respective owners.
4. Prohibited Uses
You may use the Website only for lawful purposes and in
accordance with these Terms of Use. You agree not to use
the Website:
• In any way that violates any applicable federal, state, local
or international law or regulation (including, without
limitation, any laws regarding the export of data or
software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to
exploit or harm minors in any way including, but not
limited to, exposing them to inappropriate content or
asking them for personally identifiable information.
• To transmit, or procure the sending of, any advertising or
promotional material without our prior written consent,
including any “junk mail”, “chain letter” or “spam” or any
other similar solicitation.
• To impersonate or attempt to impersonate the Company, a
Company employee, another user or any other person
or entity (including, without limitation, by using e-mail



addresses or screen names associated with any of the
foregoing).
• To engage in any other conduct that restricts or inhibits
anyone’s use or enjoyment of the Website, or which, as
determined by us, may harm the Company or users of
the Website or expose them to liability.
• For the purpose of assembling, categorizing and
repurposing protected student information for
distribution to third parties.
Additionally, you agree not to:
• Use the Website in any manner that could disable,
overburden, damage, or impair the site or interfere with
any other party’s use of the Website, including their
ability to engage in real time activities through the
Website.
• Use any robot, spider or other automatic device, process or
means to access the Website for any purpose,
including monitoring or copying any of the material on
the Website.
• Use any manual process to monitor or copy any of the
material on the Website or for any other unauthorized
purpose without our prior written consent.
• Use any device, software or routine that interferes with the
proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs
or other material which is malicious or technologically
harmful.
• Attempt to gain unauthorized access to, interfere with,
damage or disrupt any parts of the Website, the server
on which the Website is stored, or any server, computer
or database connected to the Website.
• Attack the Website via a denial-of- service attack or a
distributed denial-of- service attack.
• Otherwise attempt to interfere with the proper working of
the Website.



5. User Contributions
The Website may contain message boards, communities,
groups, chat rooms, personal web pages or profiles, forums,
bulletin boards or other interactive features (collectively,
”Interactive Services”) that allow users to post, submit,
publish, display or transmit to other users or other persons
(hereinafter, ”post”) content or materials (collectively, ”User
Contributions”) on or through the Website.
All User Contributions must comply with the Content
Standards set out in these Terms of Use.
You are under no obligation to provide User Contributions
and may provide only those User Contributions you wish.
Any User Contribution you post to the site will be considered
non-confidential and non-proprietary and subject to the
terms of our Privacy Policy. By providing any User
Contribution on the Website, you grant us and our affiliates
and service providers, and each of their and our respective
licensees, successors and assigns an irrevocable, perpetual
worldwide license to use, reproduce, modify, perform,
display, publish, distribute and otherwise disclose to third
parties, including but not limited to schools, colleges,
universities and community partners, any such User
Contribution(s) or portions thereof.
You represent and warrant that:
• You own or control all rights in and to the User
Contributions and have the right to grant the license
granted above to us, our affiliates and service
providers, and each of their and our respective
licensees, successors and assigns.
• All of your User Contributions do and will comply with these
Terms of Use.
You understand and acknowledge that you are responsible
for any User Contributions you submit or contribute, and you,
not the Company, are fully responsible for such content,



including its legality, reliability, accuracy and
appropriateness.
We are not responsible, or liable to any third party, for the
content or accuracy of any User Contributions posted by you
or any other user of the Website.
In the event the Website is used as a passive conduit for the
online distribution and publication of User Contributions, the
Website shall have no obligation to screen communications
or information in advance and is not responsible for
screening or monitoring User Contributions posted by users.
HOWEVER, IF YOU BELIEVE THAT ANOTHER USER HAS
CAUSED YOU HARM BY VIOLATING YOUR RIGHTS,
WELL BEING, OR PRIVACY, HELP US PROTECT YOU BY
CONTACTING US. WE MAY, IN OUR SOLE DISCRETION
AND JUDGMENT, INVESTIGATE THE ALLEGATION TO
DETERMINE WHETHER AND WHAT ACTION TO TAKE,
REVIEW AND DELETE ANY USER CONTENT THAT, IN
THE SOLE DISCRETION AND JUDGMENT OF THE
COMPANY, VIOLATES THESE TERMS OF USE,
VIOLATES APPLICABLE LAW, RULE OR REGULATION,
IS OFFENSIVE OR ILLEGAL, OR VIOLATES THE RIGHTS
OF, HARMS, OR THREATENS THE SAFETY OF USERS
OF THE WEBSITE. THE WEBSITE HAS NO LIABILITY OR
RESPONSIBILITY TO USERS FOR PERFORMANCE OR
NONPERFORMANCE OF THE DISCRETIONARY
ACTIONS IT RESERVES THE RIGHT TO TAKE IN
RESPONSE TO USER CONTENT.
The following is a partial list of User Contributions that are
prohibited on the Website.com, and may result in expulsion
or deletion. The list below is for illustration only and is not a
complete list of all prohibited User Contributions. User
Contributions are prohibited if it:
• is implicitly or explicitly offensive, such as User
Contributions that engage in, endorse or promote
racism, bigotry, hatred or physical harm of any kind



against any group or individual;
• harasses, incites harassment or advocates harassment of
another any group or individual;
• involves the transmission of "junk mail", "chain letters," or
unsolicited mass mailing or "spamming";
• promotes or endorses false or misleading information or
illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
• promotes or endorses an illegal or unauthorized copy of
another person's copyrighted work, such as providing
or making available pirated computer programs or links
to them, providing or making available information to
circumvent manufacture-installed copy-protect devices,
or providing or making available pirated music or other
media or links to pirated music or other media files;
• contains restricted or password only access pages, or
hidden pages or images;
• displays or links to pornographic, indecent or sexually
explicit material of any kind;
• provides or links to material that exploits people in a
sexual, violent or other manner, or solicits personal
information from anyone;
• provides instructional information about illegal activities or
other activities prohibited by these Terms of Use,
including without limitation, making or buying illegal
weapons, violating someone's privacy, or provides or
creates computer viruses or pirating any media; and
solicits passwords or personal identifying information
from other Users.
In order to protect Website users from commercial
advertising or solicitation, the Company reserves the right to
restrict the number of e-mails which a Website member
receives during a 24 hour period to a number which the
Company deems appropriate in its sole discretion.
THE COMPANY DOES NOT REPRESENT OR



GUARANTEE THE TRUTHFULNESS, ACCURACY, OR
RELIABILITY OF USER CONTENT OR ANY OTHER
COMMUNICATIONS POSTED BY USERS OR ENDORSE
ANY OPINIONS EXPRESSED BY USERS. YOU
ACKNOWLEDGE THAT ANY RELIANCE ON MATERIAL
POSTED BY OTHER USERS WILL BE AT YOUR OWN
RISK.
6. Monitoring and Enforcement;
Termination
We have the right, but not the obligation, to:
• Remove or refuse to post any User Contributions for any or
no reason in our sole discretion.
• Take any action with respect to any User Contribution that
we deem necessary or appropriate in our sole
discretion, including if we believe that such User
Contribution violates these Terms of Use, including the
Content Standards, infringes any intellectual property
right or other right of any person or entity, threatens the
personal safety of users of the Website or the public or
could create liability for the Company.
• Disclose your identity or other information about you to any
third party who claims that material posted by you
violates their rights, including their intellectual property
rights or their right to privacy.
• Take appropriate legal action, including without limitation,
referral to law enforcement, for any illegal or
unauthorized use of the Website.
• Terminate or suspend your access to all or part of the
Website for any or no reason, including without
limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully
cooperate with any law enforcement authorities or court
order requesting or directing us to disclose the identity or



other information of anyone posting any materials on or
through the Website. YOU WAIVE AND HOLD HARMLESS
THE COMPANY AND ITS AFFILIATES, LICENSEES AND
SERVICE PROVIDERS FROM ANY CLAIMS RESULTING
FROM ANY ACTION TAKEN BY THE COMPANY OR ANY
OF THE FOREGOING PARTIES DURING OR AS A
RESULT OF ITS INVESTIGATIONS AND FROM ANY
ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER THE COMPANY/SUCH
PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review all
material before it is posted on the Website, and cannot
ensure prompt removal of objectionable material after it has
been posted. Accordingly, you acknowledge and agree that
we assume no liability for any action or inaction regarding
transmissions, communications or content provided by any
user or third part, and that we have no liability or
responsibility to anyone for performance or nonperformance
of the activities described in this section.
7. Content Standards
These content standards apply to any and all User
Contributions and use of Interactive Services. User
Contributions must in their entirety comply with all applicable
federal, state, local and international laws and regulations.
Without limiting the foregoing, User Contributions must not:
• Contain any material which is defamatory, obscene,
indecent, abusive, offensive, harassing, violent, hateful,
inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material,
violence, or discrimination based on race, sex, religion,
nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or
other intellectual property or other rights of any other
person.



• Violate the legal rights (including the rights of publicity and
privacy) of others or contain any material that could
give rise to any civil or criminal liability under applicable
laws or regulations or that otherwise may be in conflict
with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist
any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or
be likely to upset, embarrass, alarm or annoy any other
person.
• Impersonate any person, or misrepresent your identity or
affiliation with any person or organization.
• Involve commercial activities or sales, such as contests,
sweepstakes and other sales promotions, barter or
advertising.
• Give the impression that they emanate from or are
endorsed by us or any other person or entity, if this is
not the case.
8. Reliance on Information
The information presented on or through the Website is
made available solely for general information purposes. We
do not warrant the accuracy, completeness or usefulness of
this information. Any reliance you place on such information
is strictly at your own risk. We disclaim all liability and
responsibility arising from any reliance placed on such
materials by you or any other visitor to the Website, or by
anyone who may be informed of any of its contents.
This Website includes content provided by third parties
(examples include but are not limited to schools, colleges,
universities and community partners), including materials
provided by other users, bloggers and third-party licensors,
syndicators, aggregators and/or reporting services. All
statements and/or opinions expressed in these materials,



and all articles and responses to questions and other
content, other than the content provided by the Company,
are solely the opinions and the responsibility of the person or
entity providing those materials. These materials do not
necessarily reflect the opinion of the Company. We are not
responsible, or liable to you or any third party, for the content
or accuracy of any materials provided by any third parties.
9. Changes to Website
We may update the content on this Website from time to
time, but its content is not necessarily complete or up-to-
date. Any of the material on the Website may be out of date
at any given time, and we are under no obligation to update
such material. We will, however, endeavor to ensure that all
content provided is up-to- date.
10. Information about You and
Your Visits to the Website
All information we collect on this Website is subject to our
Privacy Policy. By using the Website, you consent to all
actions taken by us with respect to your information in
compliance with the Privacy Policy and these Terms of Use.
11. DMCA Compliance
We respect the intellectual property of others and require
that you do the same. In accordance with the Digital
Millennium Copyright Act (“DMCA”), the text of which may be
found on the U.S. Copyright Office site at
http://www.copyright.gov/legislation/dmca.pdf, the Company
will respond expeditiously to notices of alleged copyright
infringement that are duly reported to its Designated
Copyright Agent identified in the notice below. We will
disable and/or terminate the accounts of users who are
repeat infringers:
Designated Copyright Agent:



Gaskins Productions, LLC.
PO Box 291835
Tampa, FL 33687
Attn: Sheri Chanroo
You must include the following information in your complaint:
• a description of the copyrighted work or other intellectual
property that you claim has been infringed;
• a description of the material that you claim is infringing and
where it is located on the Website;
• your mailing address, telephone number, and if available,
email address;
• a statement by you that you have a good faith belief that
the use of the material on the Website is not authorized
by the copyright owner, its agent, or the law;
• a statement by you that the above information in your
notice is accurate and that, under penalty of perjury,
you are the copyright or intellectual property owner or
authorized to act on behalf of the copyright or
intellectual property owner; and
• an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or other
right being infringed.
12. Disclaimer of Warranties
You understand and agree that we cannot and do not
guarantee or warrant that files available for downloading
from the internet or the Website will be free of viruses or
other destructive code. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your
particular requirements for anti-virus protection and accuracy
of data input and output, and for maintaining a means
external to our site for any reconstruction of any lost data.
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY
LOSS OR DAMAGE CAUSED BY A DISTRIBUTED
DENIAL-OF- SERVICE ATTACK, VIRUSES OR OTHER



TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY
INFECT YOUR COMPUTER EQUIPMENT, COMPUTER
PROGRAMS, DATA OR OTHER PROPRIETARY
MATERIAL DUE TO YOUR USE OF THE WEBSITE OR
ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE OR TO YOUR DOWNLOADING OF ANY
MATERIAL POSTED ON IT, OR ON ANY WEBSITE
LINKED TO IT.
YOU ACKNOWLEDGE AND AGREE THE USE OF THE
WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN
RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES
OR ITEMS OBTAINED THROUGH THE WEBSITE ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR
ANY PERSON ASSOCIATED WITH THE COMPANY
MAKES ANY WARRANTY OR REPRESENTATION WITH
RESPECT TO THE COMPLETENESS, SECURITY,
RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY
OF THE WEBSITE. WITHOUT LIMITING THE
FOREGOING, NEITHER THE COMPANY NOR ANYONE
ASSOCIATED WITH THE COMPANY REPRESENTS OR
WARRANTS THAT THE WEBSITE, ITS CONTENT OR
ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-
FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT OUR SITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS OR THAT THE
WEBSITE OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE WILL OTHERWISE MEET
YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED,



STATUTORY OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT AND FITNESS FOR PARTICULAR
PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY
WARRANTIES WHICH CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
13. Dispute Resolution
ARBITRATION AND WAIVER OF JURY TRIAL.
EXCEPT AS EXPRESSLY PROVIDED BELOW, YOU AND
WE AGREE THAT EITHER PARTY MAY ELECT TO
RESOLVE BY BINDING ARBITRATION ANY
CONTROVERSY, CLAIM, COUNTERCLAIM, DISPUTE OR
DISAGREEMENT BETWEEN YOU AND US, WHETHER
ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF
THIS AGREEMENT (ANY "CLAIM"). THIS INCLUDES, BUT
IS NOT LIMITED TO, ANY CONTROVERSY, CLAIM,
COUNTERCLAIM, DISPUTE OR DISAGREEMENT
ARISING OUT OF, IN CONNECTION WITH OR RELATING
TO ANY ONE OR MORE OF THE FOLLOWING: (1) THE
INTERPRETATION, EXECUTION, ADMINISTRATION,
AMENDMENT OR MODIFICATION OF THE AGREEMENT;
(2) ANY SERVICE ACCOUNT; (3) ANY CHARGE OR COST
INCURRED PURSUANT TO THE AGREEMENT; (4) THE
COLLECTION OF ANY AMOUNTS DUE UNDER THE
AGREEMENT OR ANY SERVICE ACCOUNT; (5) ANY
ALLEGED CONTRACT OR TORT ARISING OUT OF OR
RELATING IN ANY WAY TO THE AGREEMENT, ANY
SERVICE ACCOUNT, ANY TRANSACTION, ANY
ADVERTISEMENT OR SOLICITATION, OR YOUR
BUSINESS, INTERACTION OR RELATIONSHIP WITH US;
(6) ANY BREACH OF ANY PROVISION OF THE
AGREEMENT; (7) ANY STATEMENTS OR
REPRESENTATIONS MADE TO YOU WITH RESPECT TO



THE AGREEMENT, ANY SERVICE ACCOUNT, ANY
TRANSACTION, ANY ADVERTISEMENT OR
SOLICITATION, OR YOUR BUSINESS, INTERACTION OR
RELATIONSHIP WITH US; OR (8) ANY OF THE
FOREGOING ARISING OUT OF, IN CONNECTION WITH
OR RELATING TO ANY AGREEMENT WHICH RELATES
TO THE AGREEMENT, ANY SERVICE ACCOUNT, ANY
TRANSACTION OR YOUR BUSINESS, INTERACTION OR
RELATIONSHIP WITH US. IF EITHER PARTY ELECTS TO
ARBITRATE, THE CLAIM SHALL BE SETTLED BY
BINDING ARBITRATION UNDER THE FEDERAL
ARBITRATION ACT ("FAA").
This agreement to arbitrate shall include any Claim involving
our officers, directors, employees, agents, representatives,
contractors, subcontractors, parent, subsidiaries, affiliates,
successors, assigns, any third party that assigned any
agreements to us and any of the respective employees,
officers, agents or directors of such affiliates or third parties,
and any such Claim against any of those parties may be
joined or consolidated with any related Claim against us in a
single arbitration proceeding. In addition, if we become a
party in any lawsuit that you have with any third party,
whether through intervention by us or by motion made by
you or any third party, we may elect to have all claims in that
lawsuit between you and such third party to be resolved by
BINDING ARBITRATION under this agreement.
The arbitration shall be administered by the American
Arbitration Association (the "AAA") under its Commercial
Arbitration Rules and its Supplementary Procedures For The
Resolution Of Consumer-Related Disputes (the "Arbitration
Rules") in effect at the time the demand for arbitration is
filed. In the event of a conflict between the Arbitration Rules
and this Agreement, this Agreement shall control, except
that, in the event that the AAA determines that any provision
of this Agreement does not comply with applicable standards



stated in the AAA's Consumer Due Process Protocol, the
standards of the Protocol shall control. We will tell you how
to contact the AAA and how to get a copy of the Arbitration
Rules without cost if you ask us in writing to do so. Or, you
may contact the AAA directly at 1-800- 778-7879 (toll free) or
at www.adr.org.
If the AAA's Supplemental Procedures for Consumer-
Related Disputes apply to your Claim and if your Claim for
actual damages does not exceed $10,000, you shall be
responsible for paying one-half of the arbitrator's fees up to a
maximum of $125. If your Claim for actual damages exceeds
$10,000 but does not exceed $75,000, you shall be
responsible for paying one-half of the arbitrator's fees up to a
maximum of $375. For any Claim that does not exceed
$75,000, we will pay all other arbitrator's fees and costs
imposed by the administrator of the arbitration.
If your Claim is a consumer-related claim for actual damages
that exceeds $75,000, or if it is a non-monetary consumer-
related Claim, or if it is not a consumer-related Claim, you
shall be responsible for paying the administrative costs and
arbitrator's fees as provided in the AAA's Commercial Fee
Schedule. Additionally, in the case of a consumer-related
Claim for actual damages in excess of $75,000 or for non-
monetary damages, and in the case of any non-consumer-
related Claim, the prevailing party in an arbitration
proceeding may seek to recover its expenses for
administrative fees and arbitrator(s)' fees from the other
party in accordance with the Arbitration Rules. The final
award by the arbitrator(s) pertaining to such a Claim can
apportion the administrative fees and expenses and
arbitrators' fees between you and us as part of the award, as
the arbitrator(s) determines is appropriate.
The fees and costs stated in this Agreement are subject to
any amendments to the Arbitration Rules and fee and cost
schedules of the AAA. The fee and costs schedule in effect



at the time you submit your Claim shall apply. The Arbitration
Rules permit you to request a deferral or reduction of the
administrative fees of arbitration if paying them would cause
you extreme hardship. Each party also has the option of
filing an action in small claims court for any Claim or
disputes within the scope of the small claims court's
jurisdiction.
The arbitration of any Claim of $100,000 or greater shall be
conducted by a panel of three arbitrators. The arbitration of
any Claim of a lesser amount shall be conducted by one
arbitrator. The arbitrator(s) shall be selected from the AAA's
panel of arbitrators by mutual agreement between you and
us. If we cannot agree on the arbitrator(s), the AAA shall
appoint the arbitrator(s). EXCEPT AS EXPRESSLY
PROVIDED IN THIS AGREEMENT TO ARBITRATE, NO
CLAIM MAY BE JOINED WITH ANOTHER DISPUTE OR
LAWSUIT, OR CONSOLIDATED WITH THE ARBITRATION
OF ANOTHER CLAIM, OR RESOLVED ON BEHALF OF A
CLASS OF SIMILARLY SITUATED PERSONS, OR
BROUGHT AS PRIVATE ATTORNEY GENERAL OR ON
ANOTHER SIMILAR REPRESENTATIVE BASIS. All
statutes of limitation, defenses, and attorney-client and other
privileges that would apply in a court proceeding shall apply
in the arbitration. Any in-person arbitration hearing will be
held in the federal judicial district embracing the Middle
District of Florida.
Any dispute regarding whether a particular controversy is
subject to arbitration, including any claim of
unconscionability and any dispute over the scope or validity
of this agreement to arbitrate disputes or of this entire
Agreement, shall be decided by the arbitrator(s). The
arbitrator(s) shall establish such reasonable procedures as
may be necessary for the reasonable exchange of
information between the parties prior to such arbitration. In
rendering an award, the arbitrator(s) shall apply applicable



contract terms, statutes and legal precedent and shall follow
the Federal Rules of Evidence, enforce applicable privileges,
and employ applicable burdens of proof.
The arbitrator(s) shall award only such relief as a court of
competent jurisdiction could properly award under applicable
law. The arbitrator's findings, reasoning, decision, and award
shall be set forth in writing and shall be based upon and be
consistent with the law of the jurisdiction that applies to the
Agreement. Judgment on the arbitration award may be
entered in any court having jurisdiction.
In the event that the arbitration results in an award which
imposes an injunction on you or on us, or contains a
monetary award in excess of two hundred fifty thousand
dollars ($250,000.00), the award shall be reviewable on
appeal initiated within 30 days of the award by a panel of
three new arbitrators selected to hear the appeal under the
procedure for appointment from the national roster as
provided by Commercial Arbitration Rule 11. Such review
shall apply the substantive and procedural standards
normally applying to an appeal of a judgment from a trial
court of competent jurisdiction. However, if the award does
not impose an injunction on you or on us or contain a money
award in excess of two hundred fifty thousand dollars
($250,000.00), then the award shall not be appealable and
shall only be subject to such challenges as would otherwise
be permissible under the FAA.
This agreement to arbitrate does not limit the right of you or
us, whether before, during or after the pendency of any
arbitration proceeding, to exercise self-help remedies such
as set-off, repossession, trustee's sales and the like. This
agreement to arbitrate does not limit the right of you or us,
whether before or during the pendency of any arbitration
proceeding to bring an action (individually, and not on behalf
of a class) to obtain provisional or ancillary remedies or
injunctive relief (other than a stay of arbitration) to protect the



rights or property of the party seeking such relief. However,
the arbitrator(s) shall have the power to vacate and/or stay
any such proceedings or orders granting provisional or
ancillary remedies or injunctive relief, upon application by
you or us. The taking by either you or us of any of the self-
help remedies or by filing any action in court, including but
not limited to the actions described in the preceding
sentence, shall not be deemed to be a waiver of the right to
elect BINDING ARBITRATION of any Claim upon the filing
of a counterclaim or the like by either you or us in response
to any such action.
You and we specifically acknowledge and agree that this
Agreement evidences a "transaction involving commerce"
under the FAA, and hereby waive and relinquish any right to
claim otherwise.
Should the AAA be unavailable, unable or unwilling to accept
and administer the arbitration of any Claim, or any appellate
proceeding, as applicable, or otherwise refuse or decline to
accept and administer the arbitration of any Claim, or any
appellate proceeding, as applicable - in whole or in part and
for any reason whatsoever - this agreement to arbitrate shall
not fail or be invalidated as a result. Rather, in that instance,
any party to the Claim may then petition a court of
competent jurisdiction under 9 U.S.C. § 5 to appoint the
arbitrator(s). Upon consideration of such a 9 U.S.C. § 5
petition, should the court decline or refuse to appoint the
arbitrator(s), then and only then and within 30-days of a final
and non-appealable decision on the matter from such court,
you and we shall each respectively pick one arbitrator, and
those two arbitrators shall then, by mutual agreement and
within 30-days of the selection of the second of them, select
a third arbitrator. The third arbitrator so selected shall then
arbitrate the Claim as the sole arbitrator, except with respect
to a Claim for $100,000 or greater, in which case all three
arbitrators so selected shall arbitrate the claim together, with



the award and all pre-award decisions made by majority
vote. In the case of any arbitration not administered by the
AAA, the arbitrator(s) shall still be bound by all applicable
provisions of this agreement to arbitrate and the Federal
Arbitration Act. They further shall administer and conduct the
arbitration under the Arbitration Rules, to the extent such
rules may be practicably applied to an arbitration not
administered by the AAA.
If any term or provision of this agreement to arbitrate any
and all disputes, and waiver of jury trial, is held to be invalid
or unenforceable, the remaining provisions shall be enforced
without regard to the invalid or unenforceable term or
provision; provided, that if you or we seek to bring a joined,
consolidated, or class action for arbitration, and if the
foregoing prohibition against the arbitration of joined,
consolidated or class actions is held by an authority of
competent jurisdiction to be invalid or unenforceable, the
arbitration agreement between you and us shall be deemed
inapplicable to such joined, consolidated or class action, to
the effect that any permitted and lawful joined, consolidated
or class action shall be adjudicated in accordance with the
provisions of applicable law and shall not be resolved
through arbitration (provided further, that the jury trial waiver
shall, in any event, remain in full force and effect to the
fullest extent permitted by law). This agreement to arbitrate
any and all disputes, and waiver of jury trial, shall survive the
termination of services under this agreement and/or the
closing of your Service Account(s) and shall also survive as
to any Claim covered within the scope of this Agreement.
WHETHER ANY CONTROVERSY IS ARBITRATED OR
SETTLED BY A COURT, YOU AND WE VOLUNTARILY
AND KNOWINGLY WAIVE ANY RIGHT TO A JURY TRIAL
WITH RESPECT TO SUCH CONTROVERSY TO THE
FULLEST EXTENT ALLOWED BY LAW.



14. Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR
THEIR LICENSORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE
LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY
LEGAL THEORY, ARISING OUT OF OR IN CONNECTION
WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE,
ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE
WEBSITE OR SUCH OTHER WEBSITES OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE OR SUCH OTHER WEBSITES, INCLUDING
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING
BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND
SUFFERING, EMOTIONAL DISTRESS, LOSS OF
REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR
ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF
GOODWILL, LOSS OF DATA, AND WHETHER CAUSED
BY TORT (INCLUDING NEGLIGENCE), BREACH OF
CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY
WHICH CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.
15. Indemnification
You agree to defend, indemnify and hold harmless the
Company, its affiliates, licensors and service providers, and
its and their respective officers, directors, employees,
contractors, agents, licensors, suppliers, successors and
assigns from and against any claims, liabilities, damages,
judgments, awards, losses, costs, expenses or fees
(including reasonable attorneys’ fees) arising out of or
relating to your violation of these Terms of Use or your use
of the Website, including, but not limited to, your User



Contributions, any use of the Website’s content, services
and products other than as expressly authorized in these
Terms of Use or your use of any information obtained from
the Website.
16. Governing Law and
Jurisdiction
All matters relating to the Website and these Terms of Use
and any dispute or claim arising there from or related thereto
(including non-contractual disputes or claims), shall be
governed by and construed in accordance with the internal
laws of the State of Florida without giving effect to any
choice or conflict of law provision or rule (whether of the
State of Florida or any other jurisdiction).
The exclusive forum and venue for any legal suit, action or
proceeding arising out of, or related to, these Terms of Use
or the Website shall be shall be in a federal or state court of
competent jurisdiction located in Hillsborough County,
Florida. You hereby consent to said courts’ personal
jurisdiction over you, and waive any defense, whether
asserted by motion or pleading, that Hillsborough County,
Florida is an improper or inconvenient venue. This is
intended to be a mandatory, and not a permissive, forum
selection provision. Provided, however, nothing in this
Section shall prevent a party from enforcing a judgment it
obtains against the other party in any other jurisdiction.
17. Attorneys' Fees
In any litigation arising from or related to your use of the
Website or these Terms of Use, the prevailing party shall be
entitled to an award of its reasonable attorneys’ fees and all
court costs actually incurred, including those attorneys’ fees
and costs incurred for all applicable appellate proceedings.
18. Limitation on Time to File



Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE
ARISING OUT OF OR RELATING TO THESE TERMS OF
USE OR THE WEBSITE MUST BE COMMENCED WITHIN
ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR
CLAIM IS PERMANENTLY BARRED.
19. Links to Other Sites
The Website may contain links to third party websites. These
links are provided solely as a convenience to you and not as
an endorsement by the Company of the contents on such
third-party websites. The Company is not responsible for the
content of linked third-party sites and does not make any
representations regarding the content or accuracy of
materials on such third party websites. If you decide to
access linked third-party websites, you do so at your own
risk. The Company strongly advises you to read the terms
and conditions and privacy statements for each and every
website you visit.
20. General
The Company makes no claims that Website content may be
lawfully viewed or accessed outside of the United States.
Access to Website content may not be legal by certain
persons or in certain countries. If you access the Website
from outside of the United States, you do so at your own risk
and are responsible for compliance with the laws of your
jurisdiction.
21. Waiver and Severability
No waiver by the Company of any term or condition set forth
in these Terms of Use shall be deemed a further or
continuing waiver of such term or condition or a waiver of
any other term or condition, and any failure of the Company



to assert a right or provision under these Terms of Use shall
not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or
other tribunal of competent jurisdiction to be invalid, illegal or
unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the
remaining provisions of these Terms of Use will continue in
full force and effect.
22. Licensee Record Retention
The Website will maintain records pertaining to its
relationship with any licensee for a period of three (3) years
from the date of final payment.
23. Force Majeure
No party is liable for any failure to perform, or delay in
performing, its obligations if such performance has been
delayed, interfered with or prevented by an event of Force
Majeure. As used in this Section, "Force Majeure" means
any circumstances whatsoever which are not within the
reasonable control of the party affected thereby, including
without limitation an act of nature, war, insurrection, riot,
strike or labor dispute, shortage of materials, fire, explosion,
flood, government action, embargo, boycott, or inability to
obtain or maintain any governmental permit or approval.
24. Successors and Assigns
Your obligations under these Terms of Use will inure to the
benefit of any of our successors, assigns, or licensees.
25. Entire Agreement
These Terms of Use and our Privacy Policy constitute the
sole and entire agreement between you and the Company
with respect to use of the Website and supersede all prior
and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with



respect to use of the Website.
26. Contact Information
If you have any questions or comments about these Terms
of Use or anything else, please contact the site at the
Contact Us Page.
Effective Date: These Terms of Use were last updated on
September 14 , 2016.