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Terms of Use

Last updated: 6/11/2020

TERMS AND CONDITIONS

TERMS OF USE

These Terms of Use govern Your use of this Site and any products or services listed or obtained through this Site or the owner of this Site, Consistent Profits, LLC (the “Company”).

DEFINITIONS

As used herein, the term “Products” shall include all products are services obtained from or through this Site or the Company, including but not limited to, (i) any initial course materials as described on the Site, (ii) any information and other data provided to You by the Company, and (iii) the use of any software or websites.

YOUR ACCEPTANCE OF THESE TERMS OF USE

Acceptance of Terms

These Terms of Use (the “TOU”) and Company’s Privacy Policy govern Your use of the Services (as defined below) we provide to You (referred to herein as “You” or “Your”) through https://www.bankablereturns.com (including any related sub-domains) and various communication tools, including email and third-party content delivery methods such as through approved mobile applications accessed through any various medium or device now known or hereafter developed.

Please read these TOU carefully. By using any of our Services, You agree to comply with these TOU. If You do not agree to the terms and conditions contained in the TOU, You agree not to use the Services, and we do not consent to provide You with access to the Services. In addition, when using any of our Services, You and Company, its business units, subsidiaries and affiliates (collectively referred to as “Company” or “Bankable Returns,” “we,” “our,” or “us”) shall be subject to any posted guidelines or rules applicable to such Services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU.

Changes to the TOU and Our Services

We reserve the right at any time to:

  • Change the terms and conditions of the TOU;
  • Change all or any portion of the Services, eliminating or discontinuing any content or feature of the Services (including but not limited to adding or removing particular Instructors, instruments, authors, ceasing to provide access to a Premium Service, and/or providing an alternative Premium Service to You as a replacement), and/or ceasing to provide Third-Party Content); or
  • Change the fees, charges or other conditions for use of the Services (with reasonable notice, in our sole discretion).

Any changes we make to the TOU will be effective immediately after we post the modified TOU on Company’s websites. In the event that You have the TOU cached on Your browser, the TOU that applies to You is the most recent version of the TOU that appears on a non-cached browser.

Important Disclaimer Regarding the Information We Provide

Company is a software publisher and education company. You understand that no content published as part of the Services constitutes a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the creators or providers of our Services or their affiliates will advise You personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy or other matter. Accordingly, do not attempt to contact them seeking personalized investment advice, which they cannot provide. To the extent any of the content published as part of the Services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.

You understand that the views expressed in the Services are the authors’ own opinions. The Services may contain opinions from time to time with regard to securities mentioned in other Services, and that those opinions may be different from those obtained by using another portion of the Services. Trading in securities (including, without limitation, stocks, options, ETFs and bonds) involves risk and volatility.

Past results are not necessarily indicative of future performance. You understand and agree that certain of Company’s affiliates and employees may, from time to time, have long and short positions in, or buy or sell the securities, or derivatives thereof, of companies mentioned in respective Services and may take positions inconsistent with the views expressed

Third-Party Content is not subject to Company’s investment policy and therefore the preceding paragraph does not apply to Third-Party Content, Company makes no representations regarding Third-Party Content, nor is Company liable for Third-Party Content.

You understand that performance data is supplied by sources believed to be reliable, that the calculations therein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. In addition, past performance is not an indication of future results.

From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.

When U.S. exchanges are open, any quotes (other than those obtained through the real-time quote services available to users of certain Services) are delayed. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any investment, You should consult with a qualified broker or other financial professional to verify pricing information.

To the extent any of our Services involves a model portfolio or an actual portfolio of investments, as described below, such portfolio of investments is chosen by the author in accordance with their stated investment strategy. Your actual results may differ from results reported for the portfolio for many reasons, including, without limitation: performance results for the portfolio do not reflect actual trading commissions that You may incur; performance results for the portfolio do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect Your results; the investments chosen for the portfolio may be volatile, and although the “purchase” or “sale” of an investment in a portfolio will not be effected in the portfolio until after the sending of an email alert from Company has been commenced, server, delivery delays and other factors may cause the price You obtain to differ substantially from the price at the time of the alert; You may not have the capital to trade as frequently as the portfolio; the size and timing of a student’s purchase or sale of a stock may affect the price of the stock.

CUSTOMER CARE

Consistent Profits Customer Care
Consistent Profits, LLC
304 S Jones Blvd Suite 4968
Las Vegas, NV 89107

Email: wecare@consistentprofits.com
Phone: (844) 226-7323

YOUR ACCEPTANCE OF OUR PRIVACY POLICY

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We control this site from offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Outside Sites (Their Privacy Policies May Be Different)

The Site contains links to other websites that may offer products or services that our customers might find useful. These sites may request information from you. In such instances, the collection and use of your personal information will be governed by the privacy policy applicable to that site. We do not control the privacy policies, contents or links that appear on these sites. We encourage you to review the privacy policies of any third-party sites or services before providing any of them with your personal information.

How and why we collect information

We collect your information in order to record and support your participation in the activities you select. As a visitor to our Sites, you can engage in many activities without providing any personal information. In connection with other activities, such as registering for our trade tool research & trading platform, educational experiences, and curriculum, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including ZIP code), e-mail address, telephone, credit card, and other personal information. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity. In all cases, we will collect personal identification information from you only if you voluntarily submit such information to us. Except as otherwise provided in this policy, we will never intentionally disclose any personal identification information about you as an individual user to any third party unless we feel you will be benefited. If you supply us with your contact information you may receive periodic e-mails, mailings, text messages or calls from us or our partners with information on new products and services, important issues, or upcoming events. If you wish to be removed from any postal, email, phone, or other lists, please let us know by contacting us at the following:

Consistent Profits, LLC
304 S Jones Blvd Suite 4968
Las Vegas, NV 89107

Email: wecare@consistentprofits.com
Phone: (844) 226-7323

Please provide us with your exact name, email address, mailing address, and phone. We will be sure your name is removed from the appropriate lists immediately. When you use our Sites, we or our authorized technology services provider may also collect certain technical and routing information from you to facilitate your use of the Site and its services. We use this information to administer the Site and to understand and measure traffic patterns on the Site so that we know which areas of our sites are favorites of our users, which areas need improvement, and what technologies are being used so that we may continually improve our sites. This information is collected in aggregate form, without identifying you or any user individually. We may use this aggregate, non-identifying data for statistical analysis, marketing, or similar promotional purposes. This data is often tracked by us our technology services provider by using “cookies” during your visit. A cookie is small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. It functions as your identification card and enables us to record your passwords, purchases, and preferences. It cannot be executed as code or deliver viruses. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (For some web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages.

California Privacy Rights

If you are a California resident, you have the right to request the following:

Access: Up to two times per year, you can request that we disclose to you (1) the categories and specific pieces of personal information that we have collected from you; (2) the sources of that personal information; (3) the business or commercial purpose for that collection; (4) the categories of personal information we have disclosed for a commercial purpose; and (5) the categories of third parties with whom we have shared your personal information.

Deletion: You may also request that we delete any personal information that we have collected from or about you. There may be instances where we will not be able to fully comply with your request, such as if we need the personal information to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, for our internal purposes, or to comply with a legal obligation.

Company does not sell personal information of any individual, including children under the age of 16.

To take advantage of either of these rights, please contact us at wecare@bankablereturns.com. We will not be able to respond to your request without verifying your identity. In order to verify your identity, we will contact you via phone or email or text.

For purposes of compliance with the California Consumer Privacy Act, in addition to the further details as described throughout this Privacy Policy, we disclose the following:

We collect the following categories of personal information: identifiers/contact information, commercial information, internet or other electronic network activity information, geolocation, visual and audio information, and inferences drawn from the above.

We disclose the following categories of personal information for a business or commercial purpose: identifiers/contact information, commercial information, internet or other electronic network activity information, geolocation, visual and audio information, and inferences drawn from the above.

Exceptions to Privacy Policy

While we are committed to keeping your information secure and private, we have the following exceptions to our privacy policy: We will release specific information about you or your account to comply with any valid legal inquiry or process such as a search warrant, subpoena, statute or court order. We will also release specific information in special cases, such as if there is an attempted breach of the security of the Sites, or a physical or property threat to you or others. We may also transfer user information, including personally identifiable information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division or other fundamental corporate change. Further, the information you enter when making a purchase will be shared with payment processors, financial gateways, and your credit card company to authorize credit card payments. Such information may also be shared with necessary third parties solely for the purpose or carrying out the transactions and/or providing you the services which you have purchased. Please note that if you give out personal information online through a discussion board or posting site, that information can be collected and used by third parties. Although we strive to protect our users’ privacy, we cannot guarantee the security of information you post in these forums. You disclose such information at your own risk.

No Professional Advice

Company’s trade tool,  services, and education products provide information from a team highly experienced in the market and in trading securities. All investments involve risk, and the past performance of a security, industry, sector, market, financial product, trading strategy, or individual’s trading does not guarantee future results or returns. Investors are fully responsible for any investment decisions they make. Such decisions should be based solely on an evaluation of their financial circumstances, investment objectives, risk tolerance, and liquidity needs.

Company’s reference to specific securities should not be construed as a recommendation to buy, sell or hold that security. Specific securities are mentioned for informational and instructional purposes only. Company’s reference to specific cryptocurrencies should not be construed as a recommendation to buy, sell or hold that cryptocurrency. Specific cryptocurrencies are mentioned for informational purposes only.

Confidentiality and Non-Compete

Users of our Sites hereby understand that the tools, processes, strategies, materials and information presented on our Sites are copyrighted and proprietary, users agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Sites proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and Company will pursue legal action and full damages if these terms are violated in order to protect its rights.

Company’s Proprietary Rights

The Services and the content distributed through the Services, with the exception of any User-Generated Content (as defined below) and Third-Party Content, is the property of Company and/or its licensors. You may access and use the content, and download and/or print out one copy of any content from the Services, solely for Your personal, noncommercial use. You acknowledge that You do not acquire any ownership rights by using the Services. If You are interested in reprinting, republishing or distributing content from Company, please contact us at wecare@bankablereturns.com Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m. MST. If You choose to submit content for publication through the Services, such as guest commentary or guest opinions, such content shall be exclusive to Company, deemed to be property of Company, and by submitting such content You irrevocably assign any and all rights to such content to Company.

Because we host User-Generated Content as a part of portions of the Services and therefore redistribute User-Generated Content You give us, we need to obtain certain rights in those materials. By posting, sending or transmitting to us User-Generated Content, You grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such User-Generated Content in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User-Generated Content. None of the User-Generated Content disclosed in any part of the Services shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any User-Generated Content.

“MyConsistentProfits.com”, “My Consistent Profits”, “Consistent Profits,” the “My Consistent Profits Logo”, and certain other marks used on Company’s Portfolio of Websites are trademarks and/or service marks of Consistent Profits, LLC. All other trademarks, service marks, and logos used on Company’s Portfolio of Websites are the trademarks, service marks, or logos of their respective owners.

Cancellation Policy

You, the purchaser, may cancel this agreement at no cost at any time prior to midnight of the 30th day after the date you receive access to the online education. To cancel this agreement, you must transmit a signed and dated notice of cancellation to Consistent Returns, LLC either via phone or in a written letter within that thirty-day period. The notice must state that you are canceling the agreement or contain words of similar effect.

Cancellation by mail:
Consistent Profits, LLC
304 S Jones BLVD Suite 4968
Las Vegas, NV 89107

Cancellation by phone:
Phone: (844) 226-7323

User Conduct

You may not republish, upload, post, transmit or distribute content available through the Services to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than Your own personal, noncommercial use is a violation of our copyright and other proprietary rights and can subject You to legal liability.

In addition, in connection with Your use of the Services, You agree not to:

  • Restrict or inhibit any other visitor from using the Services, including, without limitation, by means of “hacking” or defacing any portion of any of our websites;
  • Use the Services for any unlawful purpose;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or any of our websites;
  • “Frame” or “mirror” any content available through the Services or any of our websites without our prior written authorization;
  • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Services or any of our websites; or
  • Harvest or collect information about users of the Services without their express consent.

You also agree that at all times You will:

Comply with all applicable laws, rules and regulations in connection with Your use of the Services and the content made available therein;

Be responsible for all statements made and acts or omissions that occur on Your user account while Your password is being used;

Waive any and all rights against Company and hold Company harmless in connection with any claims relating to any action taken by Company as part of its investigation of a suspected violation or result of its conclusion that a violation of the TOU has occurred, including but not limited to the removal of posts or a suspension or termination of Your account; or

Maintain and promptly update Your registration data to keep it true, accurate, current and complete.

Refund Policy

We invest substantial amounts of unrecoverable time and funds in the research and development of our technologies, educational materials, systems, and coaches. For these reasons, after your 7-day right of rescission, all sales are final. In the event you, the purchaser, are unable to continue the training for any reason, you understand that no refund will be issued after the seven-day right of rescission has past.

Disclaimer of Warranties

The Services, and any content obtained or accessed through the Services, including without limitation Third-Party Content, is provided “as is” without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Company, its officers, directors, employees, subsidiaries, affiliates, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose or use, and all warranties relating to the adequacy, accuracy, timeliness or completeness of any information available through the Services.

Company and its affiliates, suppliers, agents and sponsors do not warrant and accept no liability that Your use of the Services and any content contained therein, including without limitation, Third-Party Content, will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Services or the server(s) on which the Services are hosted are free of viruses, worms, malicious code, Trojan horses, malware, or other harmful components.

Company and its affiliates, suppliers, agents and sponsors accept no liability for any software downloaded from the Services. You acknowledge that You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Services, and all charges related thereto. You assume total responsibility and risk for Your use of the Services and Your reliance thereon. No opinion, advice, or statement of Company or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. You use of the site, the content contained therein, and materials provided through the site, are entirely at Your own risk. Company and its affiliates, agents and sponsors will not be liable for any informational errors, incompleteness, delays or any actions taken in reliance on information contained in the Services.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

A possibility exists that content available through the Services could include inaccuracies or errors, or materials that violate the TOU. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Services by third parties. Although we attempt to ensure the integrity of our websites and Services, we make no guarantees as to the completeness or correctness of any content available through the Services. In the event that such a situation arises, please contact us at wecare@myconsistentprofits.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our websites, if applicable, as well as information sufficient to enable us to contact You. We will try to address Your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Copyright Infringement” below.

Under no circumstances shall Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

Limitation of Liability

NEITHER COMPANY NOR ITS AFFILIATES, SUPPLIERS, SUBSIDIARIES, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION, ANY THIRD-PARTY CONTENT, OR ANY SERVICES USED OR PURCHASED THROUGH COMPANY, WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED “INDEMNIFICATION” (INCLUDING WITHOUT LIMITATION DAMAGES TO WHICH A PARTY IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS IN CONNECTION WITH THIRD PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION — WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE — SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR PACKAGE.

Indemnification

You agree to indemnify, defend and hold harmless Company, our current and former affiliates, our current and former officers, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims, (including, without limitation, third-party claims), damages, losses, costs (including reasonable attorneys’ fees), or other expenses associated with or incurred as a result of or from (a) Your violation of the TOU; (b) Your use of the Services; (c) Your violation of the rights of any third party; (d) the actual or alleged infringement of any third party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the Services, or (e) any liability arising from Your use of the Services including any User-Generated Content You create.

Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The procedure under the DMCA for takedown notice is given below. See http://loc.gov/copyright/ for the most current statutory requirements.

If You believe in good faith that materials displayed on Company’s Portfolio of Websites infringe Your copyright, You (or Your agent) may contact: Copyright Agent, Legal Department, My Consistent Profits, 304 S Jones BLVD, Suite 4968, Las Vegas, NV 89107 with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that You claim has been infringed; (c) a description of where the material that You claim is infringing is located on the website; (d) Your address, telephone number, and email address; (e) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf. Please note that You will be liable for damages (including costs and attorneys’ fees) if You materially misrepresent that any material on our sites is infringing Your copyrights.

Repeat Infringement

We have a policy of terminating the accounts of repeat infringers or otherwise taking reasonable steps to prevent such users from continuing to post. Each user agrees that if his or her account is terminated under this policy, the user will not attempt to establish a new account or otherwise post content under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account or otherwise posting content after being terminated pursuant to this policy, the user shall indemnify and hold us harmless for any and all liability that we may incur therefor.

Miscellaneous

These terms will be governed by and construed in accordance with the laws of the State Nevada, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to mediation in the State of Nevada. If any of these terms of use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms of use and will not affect the validity and enforceability of the remaining provisions. These terms may be modified only by our posting of changes to these terms of use on our Sites.

YOUR ACCEPTANCE OF OTHER AGREEMENTS

When You register for events, training, online events or other products or services through this Site or from the Company, You may be asked to agree to special terms governing attendance. In such cases, You may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the click-through agreement.

OWNERSHIP OF SITE AND PRODUCTS

The Company owns and operates this Site and the information, materials, product names and services available on it. The Company also owns the Products and the information and materials available in connection therewith. All content including, but not limited to, text, graphics, logos, buttons, icons, data compilations, and images is the property of the Company, its licensors, or its content suppliers and is protected by U.S. and international copyright and trademark laws. The compilation (collection, arrangement, and assembly) of all content on this Site or contained in the Products is the exclusive property of the Company and is protected by U.S. and international copyright laws. All software used on this Site is the property of the Company or its suppliers and is protected by U.S. and international copyrights laws.

You do not acquire any ownership rights to this Site and its content, the Products, or any intellectual property, trademarks, or logos of the Company by Your use of this Site or the Products. You acknowledge that this Site and its contents and the Products are valuable commercial assets which the Company has expended substantial time and resources to develop. You expressly agree that the Company and its affiliates retain all ownership rights to this Site and its contents, to the Products, and to any intellectual property, trademarks, or logos of the Company.

LIMITED LICENSE AND USE OF SITE AND PRODUCTS

You are hereby granted a limited, revocable, non-exclusive right to access and use this Site and the Products subject to the limitations set forth herein.

Use of Site. You are responsible for all activities that occur with the use of Your account and password. You agree to provide true, accurate, current and complete information about Yourself including, but not limited to, credit card information and electronic mail address, and to maintain and update this information to keep it true, accurate, current and complete. Upon expiration of Your credit card, You shall notify the Company of the new credit card expiration date and all other relevant new information pertaining to the new credit card.

This Site is intended for personal use only, and You may not use this Site or any of its content for the benefit of any other company or merchant. You may not use any data mining, robots, or similar data gathering and extraction tools on this Site or its content. You may not reproduce, duplicate, copy, visit, or otherwise exploit this Site or its content for any commercial purpose other than as expressly allowed under these Terms of Use or without express written consent of the Company.

User posted content. You shall not upload, post, transmit, share, store or otherwise make available any content to this Site that the Company deems, in its sole and absolute discretion, to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You are solely responsible for any content that You upload, publish or display, or transmit to or share with third-parties through this Site. You may not post, transmit, or share any such content that You did not create or that You do not have permission to post. You understand and agree that the Company may, but is not obligated to, review any such content and may delete or remove (without notice) any such content in its discretion, for any reason or no reason, including content that in the sole judgment of the Company violates these Terms of Use.

Any communications or material of any kind that You email, post or otherwise transmit through this Site, including data, questions, comments, or suggestions will be treated as non-confidential and nonproprietary. The Company is free to use any ideas, concepts, know-how or techniques contained in Your communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to You.

Use of Products. You may not reproduce, republish, resell or undertake any such similar use of the Products. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and our affiliates without a specific license to do so. You may not use any meta tags or any other “hidden text” utilizing the Company’s name, logo or trademarks without the express written consent of the Company.

DISCLAIMER

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. You ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS You CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

LEGAL RELATIONSHIP

Nothing in these Terms of Use creates the relationship of principal and agent, partner, or joint venture. Neither You or the Company may represent itself as having any authority to make contracts or enter into any agreements in the name of the other. In connection with Your use of this Site and the Products, You shall not represent Yourself as having any license, knowledge, experience or capacity which You do not have. You agree that You shall be fully responsible for any and all actions, inactions or other business dealing You or any third-parties undertake in connection with, or arising out of, Your use of this Site or the Products, and the Company shall not be liable to You or any third-party in any manner in connection therewith.

GOVERNING LAW, JURISDICTION AND VENUE

Any claim relating to this Site or the Products shall be governed by the internal laws of the State of Nevada, without reference to its choice of law provisions. Any dispute relating in any way to Your use of this Site or the Products must be submitted to confidential binding arbitration in Clark County, Nevada, except that, to the extent You have in any manner violated or threatened to violate the Company’s intellectual property rights, the Company may seek injunctive or other appropriate relief in any state or federal court, and You consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

WAIVER

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right.

MODIFICATION AND SEVERABILITY

The Company reserves the right to make changes to this Site, the Products, and these Terms of Use at any time. Your continued use of this Site and/or the Products shall be deemed to be Your continued acceptance of the Terms of Use as amended, if applicable. If any provisions herein shall be deemed invalid, void, or unenforceable for any reason, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

ENTIRE AGREEMENT

These Terms of Use (together with our Privacy Policy and any click-through agreements applicable to You) represent the entire agreements between the parties with respect to the subject matter thereof, and supersede all previous agreements, whether oral or written.

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