Privacy & Terms

This Privacy Policy explains our commitments and your rights concerning your information. You should read the Privacy Policy carefully. If you do not agree with this Privacy Policy, please do not use our Sites or Services. The Privacy Policy is duly incorporated and subject to the Terms of Service, and governs the same Services and Sites as the ones mentioned in the Terms of Service. Any terms we use in the Privacy Policy without defining them have the same definition given to them in the Terms of Service.

BASICALLY

We wrote this policy to help you understand what information we collect, how we use it and what choices you have about it. Because we’re an internet company, some of the concepts below are a little technical, but we’ve tried our best to explain things in a simple and clear way

WE COLLECT INFORMATION THE FOLLOWING WAYS:

1. When you give it to us or give us permission to obtain it

We may collect information from you in a variety of ways such as your name, email address, phone number and bank account information. You may, however, visit our Sites anonymously if you choose to do so. We will collect information from you only if you voluntarily choose to submit such information to us. You can always refuse to provide these information to us. If you choose to subscribe to a Service from us, we or the mobile operator of your network will collect your information related to the payment for the subscription of our Services. Account and billing information collected by the mobile operator is subject to their respective privacy policies.

BASICALLY

When you subscribe to our services, you give us certain information voluntarily. This can include your name, email address, phone number, bank account information, and any other information you give us.

2. We get technical information when you visit our Sites and/or Services

We may collect technical information about you whenever you visit our Sites or use our Services. Technical information we collect may include the user agent, and technical information about your means of connection to our Site, such as the type of device you use, the device screen size, browser type, geographic location (country only), unique device identifiers, Internet Protocol address, mouse events (movements, location and number of clicks), landing pages, operating system, information about your use of our Services and other similar information.

We also use cookies and other technologies to collect technical information from you. A cookie is a piece of information that is stored on your device’s hard drive for record-keeping purposes and sometimes to track information. For example, we use cookies to store your language preferences or other redundant settings, so you don‘t have to set them up every time you visit our Sites or Services. 

BASICALLY

Whenever you use any website, mobile application or other internet services, certain information gets created and logged automatically. The same is true when you use our services or websites. Some of the types of information we collect are log data, device information, and cookie data.

3. Our partners and advertisers collect and share information with us

We use Google Analytics, a web analysis service of Google Inc. (“Google”) which assists website owners and operators in learning and understanding the usage patterns of visitors who use their websites by collecting information, namely; which individual web pages were visited, how long users spent on the website, which websites referred the most visitors, general geographic location of visitors, and other similar anonymous statistics.

For this reason, Google Analytics may create and store several cookies on your device. Google Analytics does not collect any personally identifiable information by default. Google Analytics collects anonymized IP address or internet connections used by visitors to websites on which Google Analytics has been installed. Google Analytics does not reveal or expose the IP address of visitors to the owners of the website on which Google Analytics is installed.

We also use Google AdWords remarketing services to advertise on third-party websites including Google, to visitors who have previously visited our Sites or Services. The advertisement can be on the Google search results page or a website that has the Google display network implemented. For this reason, third-party vendors including Google may create several cookies on your device.

We also enable Hotjar, an analysis software, by inserting a tracking code within our Sites and Services, which further transmits to Hotjar servers based in Ireland (EU).

This tracking code contacts Hotjar’s servers and provides a script to your device accessing the Site or Service. This script will capture specific data related to your interaction with that particular Site or Service. This information is then sent to Hotjar’s servers for further processing. Through these tools, we receive heatmaps, visitor’s recordings, funnels and form analysis, that help us to provide you with a better experience and service as well as assist us in diagnosing technical problems and analyse user trends.

Hotjar uses cookies to collect technical information including standard internet log information and details of your behavioural patterns when you visit our Sites and Service. This is done to provide you with a better experience, identify preferences, diagnose technical problems, analyse trends and generally to help improve our Sites and Services. Hotjar may also use cookies to record login details on your device. This helps to determine whether a particular device previously visited our Sites or Services so that the login details would not have to be re-entered each time you visit that Site or Service. Hotjar also uses cookies to determine if someone has opted out of being tracked by Hotjar services.

Furthermore, we use Google DoubleClick to advertise based on what’s relevant to a user, improve reporting on campaign performance, and to avoid showing advertisements the user has already seen. For this reason, Google DoubleClick creates several cookies on your device. For example, Google DoubleClick uses cookies to keep a log of which advertisements where shown on which browser. When it’s time to serve an advertisement to a browser, Google DoubleClick can use the browser’s cookies to check which Google DoubleClick advertisements have already been delivered to that particular browser. That’s how Google DoubleClick avoids showing advertisements the user has already seen. In the same way, cookies allow Google DoubleClick to log conversions related to advertisement requests—such as when a user views a Google DoubleClick advertisement and later uses the same browser to visit the advertiser’s website and make a purchase.

BASICALLY

We also get information about you and your activity outside our website and services from our advertisers and other third parties we work with, or other publicly available sources.

Online advertisers or third parties share information with us to measure or improve the performance of our services, or to figure out what kinds of ads to show you.

HOW TO PREVENT COOKIE STORAGE AND OPT-OUT

You may choose to set your web browser to refuse cookies or to alert you when cookies are being sent.

You can also prevent the collection of your data by Google Analytics by visiting Google Analytics opt-out page and installing the Google add-on for your browser. https://tools.google.com/dlpage/gaoptout or visit https://www.google.com/settings/ads to set your settings for Google Analytics, Google AdWords, and Google DoubleClick.

You may opt-out from having Hotjar collect your information when visiting our Sites and Services at any time by visiting www.hotjar.com/opt-out and clicking ‘Disable Hotjar’.

For more details on installing and uninstalling the Google add-on, Google Analytics, Google DoubleClick or AdWords, please visit Google’s website.

BASICALLY

We also get information about you and your activity outside our website and services from our advertisers and other third parties we work with, or other publicly available sources.

Online advertisers or third parties share information with us to measure or improve the performance of our services, or to figure out what kinds of ads to show you.

HOW WE USE COLLECTED INFORMATION

We may use your information for the following purposes:

  • Provide the Service(s) you request;
  • Bill and collect for the Service(s) provided to you;
  • Send you marketing communications;
  • Provide customer care;
  • Protect our rights or property;
  • Enforce the Terms of Service;
  • Comply with legal requirements;
  • To improve our Sites and Services;
  • Respond to your inquiries, questions, and/or other requests; and
  • Respond to court orders, subpoenas or other legal proceedings.

According to the privacy legislation, we are required to disclose on what legal grounds we are able to use your information. We require your information because of the contractual agreements between you and us.

Next to this, we can use your information in the case of legitimate interest. This means that we want to provide you the most optimal and personalized service possible. Of course, we keep your privacy in mind at all times.

We could have a legal obligation to use your information. When we suspect fraud, for example. And sometimes you have provided us permission to use your information. This is the case when you subscribe to the newsletter. We keep track of this appropriately.

California residents may have additional personal information rights and choices. Please see our California Privacy Rights Notice for more information.

BASICALLY

We use your information to provide our services to you, to show you ads that are ’s relevant, interesting and personal to you, to improve our Site and Services, to comply with legal requirements and to respond to your requests.

HOW LONG WE KEEP YOUR INFORMATION

We will retain your information for as long as needed to provide our services to you. We will retain your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

When we no longer need to use your information and there is no need for us to keep it to comply with our legal or regulatory obligations, we will either remove it from our systems or depersonalize it so that we can’t identify you.

BASICALLY

We do not keep your information longer than necessary.

HOW WE PROTECT YOUR INFORMATION ALSO OUTSIDE THE EU

We are concerned with protecting your privacy and data, but we cannot ensure or warrant the security of any information you transmit to us or guarantee that your information may not be accessed, disclosed, altered or destroyed by breach of any of our industry standard physical, technical or managerial safeguards. We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized or accidental access, alteration, disclosure or destruction of your information, transaction information and data stored on our Sites.

However, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, we cannot guarantee its absolute security. We will continue to enhance our security procedures as new technology becomes available.

Because we operate internationally, your information, including personal information, may be transferred to and made available in the USA and/or any other country than your country of residence. Also in these countries, we take all reasonable care to protect your personal information.

BASICALLY

We work hard to keep your information secure. Because we operate internationally, your information, including personal information, may be transferred to and made available in another country than your country of residence. Also in these countries, we take all reasonable care to protect your information.

SHARING YOR INFORMATION

We share your information with online advertisers and third-party companies that we or they use to audit or improve the delivery and performance of ads or content on websites and apps (for example, through Google Analytics and Google Adwords) as outlined above.

Other than as explicitly described in this Privacy Policy, we will not share personally identifiable information with any third party. However, we reserve the right to share the information that we collect with third parties in aggregated and/or anonymous form, and we will not necessarily ask for your permission or even inform you that we are doing so. We may also disclose information that we collect, if required to do so by law or in good faith that disclosure is necessary to (1) comply with the law or with legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect someone’s safety. Note that we may be required to release personally identifying data in response to lawful requests from public authorities including to meet national security and law enforcement requirements.

BASICALLY

We share your information with online advertisers and third- party companies that we or they use to audit or improve the ads or content on websites and apps (for example, through Google Analytics and Google Adwords). Any other data is not shared, unless we are forced to.

CHILDREN’S PRIVACY

Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or solicit information from anyone under the age of 13. In the event that we learn that we have collected information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us by sending an e-mail to the mail address, as communicated to you on the Sites and/or our Services.

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see our California Privacy Rights Notice for more information.

BASICALLY

We do not collect information of children under the age of 13.

CALIFORNIA PRIVACY RIGHTS

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, please see our California Privacy Rights Notice.

BASICALLY

If you live in California you may have additional rights, please see please see our California Privacy Rights Notice for more information.

ACCEPTANCE OF PRIVACY POLICY

By using the Sites or any of our Services, you consent to our collection and use of your information in accordance with this Privacy Policy. We reserve the right to modify this Privacy Policy at any time by posting the changes on this page. If we modify the terms of this Privacy Notice, we will notify you by posting a notice on our website thirty (30) days prior to the effective date of the changes.

Please check the revision date at the bottom of this page to determine if the policy has been modified since you last reviewed it. Your continued use of any portion of our Site or Services following the posting of the updated Privacy Policy will constitute your acceptance of the changes.

BASICALLY

By using the site, you agree to this privacy policy.

CHANGES TO THIS PRIVACY POLICY

We may make changes in our Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post those changes on this page so that you can always access the latest Privacy Policy.

BASICALLY

We update this privacy policy and monitor it well.

CONTACTING US

We want you to be in control of how your personal data is used by us. You can do this in the following ways:

1. You can ask us for a copy of the personal data we hold about you;
2. You can inform us of any changes to your personal data, or you can ask us to correct any of the personal data we hold about you;
3. In certain situations, you can ask us to erase, block, or restrict the processing of the personal data we hold about you, or object to particular ways in which we are using your personal data; and
4. In certain situations, you can also ask us to send the personal data you have given us to a third party.Where we use your personal data on the basis of your consent, you are entitled to withdraw that consent at any time subject to applicable law. Moreover, where we process your personal data based on legitimate interest, you have the right to object at any time to that use of your personal data subject to applicable law.

We rely on you to ensure that your personal data is complete, accurate and current. Please inform us of any changes to or inaccuracies of to your personal data by contacting us immediately.

For any of your requests, as well as questions about this Privacy Policy, the practices of the Sites, or your dealings with the Sites, please contact us by sending an e-mail to support@vidifive.com. You can contact the same e-mail address if you want to object to the processing of your personal data on the basis of legitimate interest and no opt-out mechanism is available to you directly.

If you are based in the EEA and are of the opinion that we have not complied with data protection laws, you have a right to lodge a complaint with the Data Protection Commission in The Netherlands or with your local supervisory authority.

BASICALLY

Please contact us in case you want to receive data we saved about you, if want your data to be corrected, suspended or deleted, or if you have any other question.

If you are based in the EEA, you can also complain to a regulator when you think that we haven’t complied with data protection law.

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  • Terms of Service

    1. ACCEPTANCE TERMS OF SERVICE

    VidiFive with headquarters at MBT USA, Inc. with offices at 800 Jackson St, Suite 250, Dallas, TX 75202, United States of America, www.vidifive.com (hereafter referred to as “Provider”, “we”, “us” or “our”) offers premium video services optimized for mobile devices. The services are available as a browser-based application (“Services”). By visiting the website or the corresponding WAP site (“Sites”) and/or registering the Services, you accept that you are entering into a binding contract with us governed by the Terms of Service and Privacy Policy.

    Please take the time to read and understand the Terms of Service. If you do not agree with the Terms of Service as well as the Privacy Policy, please don’t use the Sites or any of the Services.

    The Terms of Service and Privacy Policy may be updated from time to time. These changes will form part of the Terms of Service, even if you do not re-use the Sites. You are responsible for being familiar with any amendments or modifications of the Terms of Service and Privacy Policy.

    2. ACCESS AND AVAILABILITY

    Full access to the Service can be provided by a fee-based subscription which can be purchased for different periods and will be automatically renewed if not cancelled. We grant our subscribers full access to the content as long as they have an active subscription.

    The fees shall become due upon purchase of the subscription irrespective of whether or not you actually use the Service; the consideration for the fees shall solely be the provision of the right to download, receive and/or access the content.

    You agree to pay on time any fees, tariffs or other charges incurred in creating the subscription.

    In order to make the most out of our Service you must have the necessary mobile communication means with easy internet access. Some wireless applications are only available for a select number of mobile devices. This is an issue with its manufacturers, hence out of the control of Provider. To prevent any disappointment, we ask you to check the compatibility of your device before subscribing to the Service.

    You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Provider’s operations. Any equipment or software causing interference shall be immediately disconnected from the Service and Provider shall have the right to immediately terminate or suspend the Service.

    3. AGE RESTRICTION

    In order to use the Service you (a) must be at least 18 years of age, (b) must be the mobile account holder or must have the mobile account holder’s permission to sign-up for and use the Service on their behalf, and (c) agree on your own behalf, or on behalf of the mobile account holder with such mobile account holder’s consent, to be bound by the Terms of Service.

    4. FEES

    For getting full access to a Service you will be charged the applicable fees.

    The charges will be invoiced through the mobile bill you receive from the mobile operator of your network or through any other selected payment method. Separate text message fees and/or network fees from your mobile operator can apply.

    In the free welcome message from Provider you will find information about the Service fee and the frequency of the Service. We ask you to check and store this welcome message on your mobile device. You will pay or reimburse to Provider all national and local or other taxes (excluding taxes based on the net profit of Provider) including but not limited to VAT, which taxes are based on the costs due for the use of the Service, regardless of whether those taxes are levied either now or in the future by international, European, national or local authorities or by any other body or bodies authorized to levy taxes.

    All fees, including fees for existing subscription contracts, are subject to change upon notice from Provider. Provider will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you may cancel your subscription effective immediately upon termination.

    5. SECURITY AND REGISTRATION OBLIGATION

    In order to guarantee safe use of the Service, as well as payment of the applicable fees, you must be registered. You guarantee that the personal information (“Registered Information”) provided to us is correct and complete at all times. If Provider, in its sole discretion, has reason to believe that the Registered Information is not accurate or complete, Provider is entitled to suspend or terminate your account and to withhold both current and future use of the Service, or any component of it.

    You are responsible for maintaining the secrecy of any passwords and/or accounts issued to you by Provider, and you are fully liable for all actions carried out involving the use of your password or account. You should contact Provider if you notice or suspect that unauthorized use has been made of your password or account, or any other breach of security. Provider may provide you with access to some Services without being registered, such as sign-up via your mobile device for the Service. In each such case your identification is based on means of identification that we deem appropriate, such as your mobile telephone number.

    6. CHANGES OF THE SERVICES

    We reserve the right to upgrade, amend, suspend or discontinue the Services without prior notification at any time. You agree that we shall not be liable to you or to any third party for any amendment, suspension or discontinuance of the Services.

    7. CODE OF CONDUCT

    You agree to use the Service in accordance with the following Code of Conduct: a. you will not use the Services for any illegal, unauthorized or commercial purpose;

    b. you will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of Provider or the person who provided it to you;

    c. you will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images;

    d. you will not use the Service to infringe the privacy rights, property rights, or any other rights of Provider or any person;

    e. you will not use the Service in any way which violates, plagiarizes or infringes upon the rights of Provider or any third party, including but not limited to any copyright or privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful or violates any law; and

    f. you will not reproduce, copy, sell, re-sell or re-use the Service, in whole or in part.

    Provider, at its sole discretion, reserves the right to terminate or suspend your use of the Service for any violation of these prohibitions and you agree that you will not receive a refund of subscription fees already paid to us in the event of such a termination or suspension.

    8. PRIVACY POLICY

    Our use of your personal information is governed by our Privacy Policy. Our Privacy Policy forms an integral part of the Terms of Service, and by agreeing to the Terms of Service, you also give consent to the way we may handle your personal information as detailed in our Privacy Policy.

    9. INDEMNIFICATION

    You agree to indemnify, defend and hold harmless Provider, its parent companies, subsidiaries, related entities, affiliates, subcontractors and their respective directors, officers, agents, employees and their representatives from and against any and all claims, damages, lawsuits, demands, actions, liabilities, or other proceedings brought against it by any third party due to, arising out of, or related to: (i) the use of the Service, the content, the downloads, Software and Sites, including without limitation, your downloads from the Sites; (ii) violation of the Terms of Service; (iii) any breach of any express or implied representation(s) or warranty(ies) allegedly made by Provider; or (iv) violation of any law, regulation or third party rights. You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys’ fees and costs awarded against or otherwise incurred by Provider in connection with or arising from any such claim, lawsuit, action, liabilities, demand or other proceeding.

    10. CANCELLATION AND TERMINATION

    Information related to cancellation and termination of Services as well as interruption of the information flow via SMS can be found on the Sites that correspond with the Service.

    Also, in the free welcome message from Provider you will find information on how to cancel the Service. In addition, an e-mail can be sent to the e-mail address, as communicated to you on the Sites and/or through our Services.

    11. ADVERTISING

    To the extent permitted by applicable law, we may use advertisements and promotions. As a condition to using the Services, you agree that we may display advertisements and other promotions on our Sites and deliver advertisements and promotions on your mobile device or otherwise in connection with our Services. You also agree that you will not attempt to block or otherwise interfere with such advertisements or promotions.

    We will not share your personal details with third parties without your consent. You have the right to ask us at any time not to contact you by way of direct marketing.

    The inclusion of any advertising or promotion on our Sites or in our Services does not constitute any endorsement by Provider of such content, product, service or company. Provider shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such third parties or for any content or information presented in connection with any products or services of third parties. You agree that provider is not liable for any damage of any nature whatever that may be the result of such transactions.

    12. INTELLECTUAL PROPERTY RIGHTS

    You are aware and agree that software used in connection with the Service (“Software”), the Sites as well as the Services contain information and marks that is protected by valid and applicable copyright law, trade secret law, trademark law and any other intellectual property rights and laws. Except as otherwise set forth herein, all now known and hereafter rights of every nature worldwide pertaining to the Sites, Services and Software in or as part of any version, belongs to us at all times (“Intellectual Property Right”).

    You agree to make no claim of interest in or ownership of any Intellectual Property Rights and you acknowledge that no title to the Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, other than the rights expressly granted in the Terms of Service.

    You guarantee that you will not amend, rent, rent out, lend, lease, borrow, loan, sell, distribute, create or generate content or products partially or entirely derived from the Service or the Software except in the event that Provider has given you explicit written permission to do so.

    Provider hereby grants you, and you hereby accept, a personal, limited, non-transferable, non-exclusive, revocable and non-assignable license and permission to install the Software and download the content to use the Service on a designated compatible mobile device solely for your own personal non-commercial use and to use the Software and the Sites solely in accordance with the Terms of Service, as long as you do not copy, alter or amend any Software, source codes or content, or reproduce, modify, perform, transfer, distribute, sell, resell, create a derived product or content from it, or carry out reverse engineer or reverse assembly those, or otherwise attempt to find a source code, and you agree not to sell any rights related to the content, the Software and the Intellectual Property Rights, code those, issue sub-licenses for those, encumber those with security rights or otherwise transfer those. You guarantee that you will not amend the content, the Software and Intellectual Property Rights in any way or use amended versions of the Software and Intellectual Property Rights, including (but not limited to) in order to gain unauthorized access to the Service. You guarantee that you will only use the interface provided by the Provider in order to access the Service. Provider herewith grants permission to make only one copy of the information on the equipment you use for gaining access to the Service and to use and display the copy of the Registered Information made on that equipment for private purposes.

    13. NO WARRANTY

    WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS (THE “PROVIDER PARTIES”) DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SERVICE, THE CONTENT, THIS SOFTWARE AND SITES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. THE PROVIDER PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE CONTENT, SOFTWARE AND SITES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS;

    b. THE PROVIDER PARTIES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE, THE CONTENT, SOFTWARE AND SITES. THE PROVIDER PARTIES DO NOT WARRANT THAT THE SERVICE, THE CONTENT, SOFTWARE AND SITES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES WILL BE UNINTERRUPTED AND ERROR FREE;

    c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE;

    d. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SERVICE THE CONTENT, SOFTWARE AND SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE PHONE, DEVICE OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OR USE OF THE CONTENT, THIS SOFTWARE AND SITES;

    e. IMAGES OF PERSONS SHOWN ON THE SITES AND/OR IN THE SERVICES ARE FOR ILLUSTRATIVE PURPOSES ONLY. THESE ARE NOT THE ACTUAL PEOPLE THAT PROVIDE THE SERVICES TO YOU; AND

    f. WE ARE NOT RESPONSIBLE FOR ANY MISCHARACTERIZATIONS OR MISREPRESENTATIONS OF THE IDEAS OR FACTS AS PRESENTED IN THE CONTENT AND/OR SITES.

    14. LIMITATION OF LIABILITY

    YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES, SHALL THE PROVIDER PARTIES BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF YOUR USE, MISUSE OR INABILITY TO USE THE SERVICE, THE CONTENT, SOFTWARE AND SITES, EVEN IF PROVIDER’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN THIS SECTION SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE PROVIDER PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO REGISTER FOR THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES.

    15. GENERAL INFORMATION

    These Terms of Service and our Privacy Policy form the entire legal agreement and understanding between you and Provider and supersede all previous agreements, understandings and representations between you and Provider relating to the Sites or the Services. You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of the Terms of Service or the use of the Sites or the Services.

    You may not transfer any of your rights or delegate any of your obligations under this agreement without our prior written consent. Nothing in this agreement affects your statutory right as a consumer.

    16. GOVERNING LAW, JURISDICTION AND SEVERABILITY

    The applicable federal laws of the United States of America and the laws of the State of Texas will govern the relationship between you and Provider under these Terms of Service. You and Provider hereby waive any right with respect to any action brought in connection with the Terms of Service (i) to a jury trial, and (ii) to join any claim with the claim of any other person or entity in a lawsuit, arbitration or other proceeding, or to otherwise file a class action or seek relief on a class basis.

    Except as provided herein, disputes will be submitted to final and binding arbitration before a single arbitrator through telephone hearing or by in-person hearing in the county where you reside, in Dallas Texas, or in any other location that you and we mutually agree to. The arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures and judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude you or us from (i) seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, or (ii) filling claims on an individual basis, if they qualify under applicable rules, in an appropriate small claims court.

    Any failure by Provider to exercise or invoke certain rights or stipulations laid down in these Terms of Service in no way constitutes a waiver or renunciation of those rights or stipulations.

    In the event any provision of the Terms of Service is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein.

    UPDATED: June 2018