Terms

TERMS OF USE AND BINDING ARBITRATION

Please read these terms and conditions of use carefully before using this website.

By using this website, you signify your assent to these terms and conditions of use (“Terms of Use”). If you do not agree to all of these Terms of Use, do not use this website! The content on this site is provided by Section8Assist.com (“we”, “us” or “our”) and its licensors and content providers. These Terms of Use provide for Mandatory Binding Arbitration and Limitation of Liability in the event of a dispute between us.

1. AGREEMENT TO TERMS FOR USE OF WEBSITE INCLUDING MANDATORY BINDING ARBITRATION

Your access to, and use of, Section8Assist.com (“Website”) is subject to the following Terms of Use and all applicable laws and regulations. The Website is owned and operated by 4th Ave Marketing (“we”, or “us”). By accessing and using the Website, you agree to abide by and be governed by these Terms of Use which incorporates the posted Privacy Policy as though fully set forth herein. If you do not agree and accept these Terms of Use or Privacy Policy, please do not use or visit the Website or participate in any promotion or content thereon.

Mandatory Binding Arbitration. These Terms of Use contain a mandatory binding arbitration provision that requires you to arbitrate individually any disputes or claims you may have with us and waives your right to participate in a class action or multi-party arbitration. You may opt-out of the mandatory binding arbitration provision by providing written notice of your decision within thirty (30) days of the date that you first register on the Website.

2. SERVICES

We provide a platform for third parties to post their Offers on the Website. All the ads and content related to products or services advertised or linked to the Website belong to third party owners who are using our platform. Third parties provide the advertising materials you see on our platform as well as the content including eligibility, and what you need to do to obtain the promoted item. These terms are published on the Website or through a link on the Website. Please refer to them when participating in any promotion.

3. INTELLECTUAL PROPERTY RIGHTS

The Website, its content (“Content”) is owned or licensed to us and copyrighted by us with all rights reserved, except for third party trademarks, logos or service marks which are owned by the respective owners. Your use of any Content, without the written permission is strictly prohibited. As a user of the Website, we grant you a non-exclusive, non-transferable, revocable and limited license to access and use the Content for your own personal, non-commercial use in accordance with these Terms of Use.

4. PRIVACY

Any personal data you transmit to us by electronic mail or otherwise will be used by us in accordance with our Posted Privacy Policy which is incorporated herein as though fully set forth. Any communication or material you transmit to us by electronic mail or otherwise, including but not limited to questions, comments, suggestions, or inquires will be treated as, non-confidential and non-proprietary.

5. DISCLAIMER OF WARRANTIES

THE WEBSITE, ITS CONTENT AND ANY CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE MAKE NO WARRANTY THAT: (i) THE WEBSITE, ANY SERVICE PROVIDED, SUBMISSIONS AND/OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (ii) THE WEBSITE, ANY SERVICE PROVIDED, SUBMISSIONS AND/OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, ANY SERVICE PROVIDED, SUBMISSIONS AND/OR CONTENT WILL BE ACCURATE OR RELIABLE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, ANY SERVICE PROVIDED, SUBMISSIONS AND/OR CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE ASSUME NO RESPONSIBILITY FOR THE DELETION OF, OR FAILURE TO STORE, EMAIL MESSAGES AND ANY OTHER PERSONAL INFORMATION RELATING TO THE WEBSITE, ANY SERVICE PROVIDED, SUBMISSIONS AND/OR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE WEBSITE, ANY SERVICE PROVIDED, SUBMISSIONS AND/OR CONTENT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. THE WEBSITE AND/OR CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING TELECOMMUNICATIONS SERVICE.

Some jurisdictions may not allow the exclusion of implied warranties. Without limiting the foregoing, we neither warrant nor represent that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, with reference to any emails, transmissions, posts, and the like that may be on the Website, we assume no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Website.

6. EXCLUSION OF LIABILITY

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER WE, NOR ANY OF OUR AFFILIATES, PARENT COMPANIES, OWNERS, SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. ACCESS AND USE OF THE WEBSITE IS AT YOUR SOLE RISK.

7. BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by JAMS, and conducted under The Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (JAMS Rules”) then in effect at the time of the dispute. You may obtain copies of the JAMS Rules and forms and instructions for initiating arbitration by visiting the JAMS website at www.jamsadr.com. If for any reason JAMS is unavailable, the parties shall mutually select another arbitration forum. If you initiate arbitration we will promptly reimburse you for any standard filing fee which may have been required under JAMS’ Procedures once you have notified us in writing and provided a copy of the arbitration proceedings. However, if we are the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to us including the filing fee.

There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against us and may not preside over any kind of representative or class proceeding against us. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void.

YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit. This agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. You may opt-out of these Dispute Resolution Provisions by providing written notice of your decision within thirty (30) days of the date that you first visit the Website.

8. LINKS TO THIRD PARTY WEBSITES

Our Website contains links to websites and pages owned by parties other than us. These links are provided for your convenience only. We do not control, and are not responsible for, the content or privacy policies on, or the security of, such Websites and disclaim any responsibility relating to such Websites. Neither do we endorse the content, or any products or services available, on such Websites.

9. REVISIONS TO THE TERMS

We may revise these Terms of Use at any time in the future to (i) improve or modify the Website or any services provided thereon or through, (ii) reflect future developments in our data information gathering, storing and release practices, (iii) comply with applicable laws, and (iv) changes in our business structure. Accordingly, you should review these Terms of Use from time to time to check for updates as no further notice other than posting will be provided to you. Your continued use of the Website shall evidence your acceptance of any changes. All changes shall be forward facing and implemented from the date of posting forward.

10. GENERAL PROVISIONS

These Terms of Use constitute the entire agreement between you and us in connection with your use of our Website and supersedes all prior agreements between the parties regarding the subject matter contained herein. Florida law governs the performance and interpretation of these Terms of Use, without regard to any conflicts of law provisions. If any provision of these Terms of Use is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. No failure of either party to exercise or enforce any of its rights under these Terms of Use will act as a waiver of such rights.

11. CONTACT INFORMATION

If you have any questions regarding our Website or these Terms of Use, please email us using the Contact us form.