TERMS AND CONDITIONS OF USE OF SERVICE
Last Modified August 20, 2014
Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate. Unless you opt-out: (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
2. RESTRICTIONS ON USE OF MATERIALS.
The Site contains material which is protected, nationally and internationally, by copyright and trademark laws. No material (including without limitation the text, images, audio and/or video) from JudiMoreo.com or any site owned, operated, licensed or controlled by us, (Turning Point International, Inc.) and/or by our affiliates and no software (including without limitation any images or files incorporated in or generated by the software or data accompanying such software) (the “Materials”) may be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of only such Materials which is expressly so designated, and in such event, only on any single computer device for your personal, non-commercial home use only, provided you keep intact any and all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of our, and/or one or more third party’s copyright, trademark and/or other proprietary rights. The use of any such Materials on any other website or networked computer environment is prohibited without our express written consent.
If you download software from the Site, the software, including any files and/or images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. Use of this Material on any other web site or other networked computer environment is prohibited. All trademarks and logos are owned by TPI and/or its licensors and you may not copy or use them in any manner.
To notify TPI of a copyright infringement, please contact us at Info@judimoreo.com.
3. SITE MATERIALS ARE NOT PROFESSIONAL ADVICE.
The information contained in or made available through the TPI Sites (including but not limited to information contained on message boards, comments, podcasts, video content, in text files, or in chats) is for general education and/or entertainment purposes only. It cannot replace or substitute for the services of individually hired (by you and/ or your lawful agents) and trained professional providers in any field, including, but not limited to, financial, real estate, medical, educational, mental health, or legal matters that you have retained and are clients of (their medical practices, firms, businesses, etc.). You may not reasonably rely or act upon any of the information offered, discussed, referenced, linked to or otherwise provided within or through the TPI Sites as these are general information sites. An attorney, CPA, realtor, or physician (or any other qualified professional) providing content on this site is not your personal attorney or physician (or any other professional) by virtue of your access to this site. You must seek individual professional advice by entering into a contract for services and/ or treatment with a qualified and practicing provider to address your personal issues and decisions in your life. In particular, you should regularly consult a medical doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. A licensed attorney in your jurisdiction must be consulted individually under the terms of their client agreements regarding any and all legal matters. A licensed financial professional (CPA, etc.) must be consulted individually under the terms of their client agreements regarding any and all financial matters. A licensed real estate professional must be consulted individually under the terms of their client agreements regarding any and all real estate matters. Any information contained on this site by a licensed professional does not constitute any client, patient, or other contract or obligation between you and the professionals. Neither TPI nor any of its affiliated companies nor any of its or their respective licensors or suppliers make representations or warranties (express or implied) concerning: (i) the information offered or provided within or through the TPI Sites; (ii) any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the TPI Sites. Neither we nor our partners, sponsors and the respective parents, subsidiaries, affiliates, successors and assigns, and the respective directors, officers, employees, agents, shareholders of each of the foregoing entities will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result from your (or your agents) reliance on any of the information offered or provided within or through the TPI Sites, including but not limited to economic loss, legal liability, injury, illness or death.
TPI does not accept or consider unsolicited creative ideas, suggestions or materials. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their individual creative work. Accordingly, do not send us and we will not accept, consider or review any original creative materials including, but not limited to, songs, software, apps, slogans, merchandising, podcasts, logos, stories or character ideas, screenplays, poems, television ideas, or original artwork. We do value your feedback on our services and products, yet we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials. If, despite our demand that you not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, songs, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the “Information”), then by such action you have waived any and all proprietary rights which you may have in such materials. None of the Information shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe, shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, and we shall not owe any compensation to any third party.
The Site is intended only for adult users aged 18 or older. Individuals under the age of 18 are strictly prohibited from using the Site and the accounts for any such person shall be terminated upon discovery. The TPI Site is not directed to children under the age of 18 and TPI will not knowingly collect personally identifiable information from children under 18. You agree to comply with any such restrictions, and not to help anyone avoid these restrictions.
6. DISCLAIMER AND YOUR ASSUMPTION OF RISK.
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing and using the Site.
We do not warrant that the functions contained in the Materials will be uninterrupted or error-free, and/or that defects will be corrected. We do not warrant or make any representations regarding the use or the results of the use of the materials in this Site in terms of their correctness, accuracy, reliability, or otherwise. You (and not us) assume the entire cost of all necessary servicing, repair or correction. Certain of the disclaimers/limitation herein may be superseded by applicable local law.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TPI AND/OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. BY USING THIS SITE AND/OR POSTING MATERIAL, YOU AGREE TO INDEMNIFY TPI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS AND AFFILIATES FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF YOUR BREACH OF THE FOREGOING AGREEMENT. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
You specifically acknowledge and agree that TPI and/or our affiliates are not liable for any defamatory, offensive or illegal conduct of any user. We also assume no responsibility, and shall not be liable for any damages to, or viruses or other harmful components that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site (including any Bulletin Board) or the server that makes it available, or your downloading of any Materials from the Site.
We will have the right at any time to change or discontinue any aspect or feature of the Site, including without limitation content, hours of availability, and equipment required for access or use. We do not warrant or make any representations of any kind or nature with respect to the Materials. Therefore, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE AND THAT YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. TPI DOES NOT IN ANY WAY WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. TPI, INCLUDING EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, MAKES NO WARRANTY THAT THE CONTENT OF THE SITE OR ANY SERVICE OR MERCHANDISE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR ANY LINKED SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL TPI, INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all of our Sites and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of this agreement. You agree to use the Site only for authorized and legal activities. TPI reserves the right, in our sole discretion, to terminate your access to all or part of the Site, with or without notice and for any reason whatsoever.
Upon termination, you must destroy all materials obtained from this Site and any and all of our other sites and all copies thereof, whether made under the terms of this agreement or otherwise.
12. LINKS TO THIRD PARTY AFFILIATED SITES AND SERVICES.
TPI may be a distributor of content supplied by third parties. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties are solely those of the respective authors or distributors and not of us. Without limiting any of the foregoing limitation or disclaimers, neither we nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any content provided on or through the Site.
Please review the streaming provider’s, and the linked site’s, use agreements and privacy policies, and if you do not agree to be bound by the terms, we recommend that you terminate your use of that service or your visit to the site.
13. LAWFUL USE
TPI imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by TPI in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
14. CODE OF CONDUCT. The Site has many features available for members to enjoy. You understand that all materials, including without limitation, information, data, text, photographs, graphics, video, and email messages or other kinds of messages (“Member Content”), whether publicly posted or privately transmitted, are the sole responsibility of the site user/member from whom such Member Content originated.
You are entirely responsible for all Member Content that you upload, publish, post, email, transmit, or otherwise make available on the Site.
You understand that by accessing the Site that you will be viewing Member Content of other members. You further understand that TPI will not be liable in any way for any such Member Content, including, but not limited to, for any errors or omissions in any such Member Content available on the Site.
You understand that TPI has the right (but not the obligation) to remove any Member content that is posted on the Site.
By using the Site you agree not to: Publish, upload, post, email, or otherwise make available any content that is harmful, threatening, abusive, stalking, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful; Publish, upload, post, email, transmit, or otherwise make available any content about other Members, Site users or third parties in connection with stalking, threatening, harming, abusing, harassing, defaming or otherwise objectionable; Collect or store any data about other users or third parties without their express written consent; Publish, upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contract; Publish, upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or Publish, upload, post, email, transmit or otherwise make available any illegal solicitation, unsolicited or unauthorized advertising, promotional materials, junk mail or spam.
15. INAPPROPRIATE CONTENT.
16. UNITED STATES USE ONLY. The Site is controlled and operated by TPI from its offices in the State of Nevada. The domain of the website is registered in the United States and the Site is hosted in the United States. The intended audience for this site consists of individuals in the United States only. TPI makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as TPI’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Nevada and the United States.
17. USER CONTENT. When providing us with content or posting content to the Site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting TPI, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of TPI, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You agree that TPI may publish or otherwise disclose your name in connection with your User Content.
By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. Without limitation, the granted rights include the right to configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Content and combine the same with other materials. You further agree that TPI is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Sites or TPI, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, without compensation to you of any kind. You further perpetually and irrevocably grant TPI the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation or compensation to you. You also grant to TPI the right to sub-license and authorize others to exercise any of the rights granted to TPI under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to TPI under these Terms. You further authorize TPI to publish your User Content in a searchable format that may be accessed by users of the Sites and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, compensation, consideration, or remuneration for any of the rights granted in this Section.
You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and our use of such content (including of works derived from it) in connection with the Services.
18. INTERACTIVE USER ENGAGEMENT
The Site may include interactive user engagement tools including, but not limited to, Bulletin Boards, commenting, and chat rooms (“Engagement Tools”) which allow feedback to TPI and real-time interaction between users. We do not control the messages, information or files delivered to Engagement Tools, unless otherwise noted therein, and we have no obligation to monitor such Engagement Tools. Use of Engagement Tools is entirely at your own risk. However, we reserve the right at all times to disclose any information arising out of or relating to transmissions through Engagement Tools including without limitation as necessary to satisfy any law, regulation or governmental request, and further reserve the right to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms and Conditions. Engagement Tool communications are not confidential.
It is a condition of your use of the Engagement Tools and this Site that you do not: Restrict or inhibit any other users from using and enjoying the Engagement Tools; Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, national or foreign law; post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or right holder; Post or transmit any information, software or other material which contains a virus or other harmful component; Post, or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising, promotion or marketing. TPI reserves the right to delete any postings deemed inconsistent with its policies.
If you are aware of any such material posted on TPI Site, please contact us at Info@judimoreo.com. Please provide as much detail as possible, including a copy of the underlying material, the location where TPI may find it, the reason(s) such postings should be removed and a statement, signed under penalty of perjury, certifying the accuracy of the information you provide to us.
19. SECURITY PRECAUTIONS
20. JURISDICTION AND APPLICABLE GOVERNING LAW.
You agree that the laws of the State of Nevada (USA), without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and TPI, except as otherwise stated in the User Agreement.
21. AGREEMENT TO ARBITRATE
You and TPI each agree that any and all disputes or claims that have arisen or may arise between you and TPI relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to TPI’s Services, or any products or services sold, offered, or purchased through TPI’s Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
i) Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND TPI AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND TPI AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER TPI USERS.
ii) Arbitration Procedures
Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator should apply the terms of the User Agreement as a court would.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the User Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or User Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings:
Turning Point International, Inc.
1452 W. Horizon Ridge Parkway
Henderson, Nevada 89012
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or TPI may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and TPI subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or TPI, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Nevada, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different TPI users, but is bound by rulings in prior arbitrations involving the same TPI user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
iii) Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, TPI will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by TPI should be submitted by mail to the AAA along with your Demand for Arbitration and TPI will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, TPI will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse TPI for all fees associated with the arbitration paid by TPI on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
With the exception of any of the provisions in Section i of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section i of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.
v) Opt-Out Procedure
IF YOU ARE A NEW TPI USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO:
ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE,
Turning Point International
1452 W. Horizon Ridge Parkway, #555
Henderson, Nevada 89012
For your convenience, we are providing an Opt-Out Notice form you must complete and mail to opt out of the Agreement to Arbitrate. You must complete the Opt Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the email address(es) associated with TPI to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Turning Point International, Inc. Opt-Out Notice
My Street Address:
City/Town Where I Reside:
State Where I Reside:
Please mail the completed form to the following address:
Turning Point International
Attn: Litigation Department Re: Opt-Out Notice
1452 W. Horizon Ridge Parkway, #555
Henderson, Nevada 89012
vi) Future Changes to the Agreement to Arbitrate
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against TPI prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and TPI. We will notify you of changes to this Agreement to Arbitrate by posting the amended terms on www.judimoreo.com at least 30 days before the effective date of the changes and/or by email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the new terms.
Moreover, if we seek to terminate the Agreement to Arbitrate as included in the User Agreement, any such termination shall not be effective until 30 days after the version of the User Agreement not containing the Agreement to Arbitrate is posted to http://www.judimoreo.com, and shall not be effective as to any claim that was filed in a legal proceeding against TPI prior to the effective date of termination.
22. JUDICIAL FORUM.
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and TPI must be resolved exclusively by a state or federal court located in Clark County, Nevada. You and TPI agree to submit to the personal jurisdiction of the courts located within Clark County, Nevada for the purpose of litigating all such claims or disputes.
23. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.
You acknowledge that all content and materials available on this Site, including the selection, coordination, arrangement and enhancement of such content as well as content original to it are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by TPI or our licensors or TPI has obtained the necessary permission of the owner of the intellectual property in such content to use the content on our Site. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks of, or used under license by TPI. The use or misuse of any of these materials is strictly prohibited. TPI, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site.
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright Ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
24. COPYRIGHT INFRINGEMENT.
TPI has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Please visit our DMCA Policy link at the bottom of the site pages to view our Digital Millennium Copyright Act takedown policies and to make a claim of infringement. Company’s DMCA Policy is expressly incorporated into this Agreement by this reference.
25. ALLEGED VIOLATIONS.
26. SEVERABILITY; WAIVER; INTEGRATION.
All contents of Site or Service are: Copyright © 2014 Turning Point International, Inc. All rights reserved.
28. AMENDMENTS: ASSIGNMENT.
TPI reserves the right to amend these Terms. Should TPI seek to make such an amendment and we, in our sole discretion, consider the amendment to be material in nature, we shall amend this User Agreement at any time by posting the amended terms on this Site. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Except as stated otherwise in this User Agreement or elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This User Agreement may not otherwise be amended except through mutual agreement by you and an TPI representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment. The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Site.
Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the previous set of terms applicable to the website. All amendments to the Terms shall be forward looking. If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement.
29. NO LICENSE; NO FRANCHISE.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by TPI or by any third party. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
DMCA Policy: Digital Millennium Copyright Act Notice and Policy (“Infringements Policy”)
Turning Point International, Inc. (“TPI,” “we”, or “us”) respects others’ intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that TPI directly makes available on JudiMoreo.com, JudiMoreo.net, JudiMoreoArtist.com, lifechoicesbook.com, YouAreMoreThanEnough.com, choicesonlinemedia.com, (however accessed and/or used, whether via personal computers, mobile devices or otherwise) and other interactive features or downloads (e.g., widgets) that are accessible on or downloadable through, or related to the aforementioned sites owned and/or operated by TPI (collectively, the “Sites”) and we require our users to do the same. TPI will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”).
1. To File a Notification of Infringing Content
A written notification must be made. This can be done by fax or written letter through the mail (regular U.S. mail or courier) to our DMCA Agent, at:
Turning Point International
Attn: DMCA Agent c/o Legal Department
1452 W. Horizon Ridge Parkway, #555
Henderson, Nevada 89012
Direct Phone USA (International caller add Country Code + 1): 702.896.2228
Please include the following information in your notice:
a. Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
b. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
c. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address at which you may be contacted;
d. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
e. Include the following statement: “I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent or by protection of law”;
f. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
g. Your physical or electronic signature (i.e., “/s/
h. (Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to “prove” substantive claims.)
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that materials infringe your copyrights. We recommend contacting an attorney if you are unsure whether your content is protected by copyright laws.
DO NOT SEND ANY INQUIRIES UNRELATED TO INFRINGEMENT OF RIGHTS (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, ETC.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF YOU SEND COMPLAINTS UNRELATED TO LEGAL MATTERS TO THAT CONTACT.
2. To file a counter-notification
If your content has been taken down as a result of a notification by a purported copyright owner that such party’s copyright rights are infringed by your content, you may respond by sending us a DMCA counter-notification as follows:
a. List the material that was removed by the TPI administrators, and the location at which the material appeared before it was removed. Please identify in sufficient detail;
b. Provide your name, address, telephone number, e-mail address (if available);
c. State that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which you reside (or Las Vegas, Nevada if your address is outside of the United States);
d. State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person;
e. State the following: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
f. Your physical or electronic signature (i.e., “/s/ [print name]”).
Send the written document to TPI’s designated DMCA Agent via fax or mail at:
Turning Point International, Inc.
Attn: DMCA Agent c/o Legal Department
1452 W. Horizon Ridge Parkway, #555
Henderson, Nevada 89012
Direct Phone USA (International caller add Country Code + 1): 702.896.2228