This website is operated by American Cosmetic Society. Throughout the site, the terms “we”, “us” and “our” refer to American Cosmetic Society. American Cosmetic Society offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
American Cosmetic Society, together with its directors, employees, agents, suppliers, partners, and content providers (individually and collectively, “American Cosmetic Society”, "we," "us," “our”) is committed to protecting your personal and financial information.
This Policy together with the Terms of Service (the “Terms”) (collectively, the “Agreement”) constitutes a contract between you and American Cosmetic Society and governs your use of the Site and/or the Service and set forth the terms and conditions between you and American Cosmetic Society when you access or use the Site or in connection with the Service, including participation or browsing. If you breach any of the terms of the Agreement, your right to use the Site or right to use the Service will terminate immediately.
The Agreement does not apply to the practices of companies and third parties that American Cosmetic Society does not own or control or to individuals whom American Cosmetic Society does not employ or manage. American Cosmetic Society reserves the right to use and control the information collected on the Site. By using the Site, you acknowledge that you have read and understood the Agreement and consent to the practices described in the Agreement.
In the course of providing products and services, we need to collect and maintain certain nonpublic personally identifiable information about you. We may use this personal information about you to: (a) service and maintain your account, (b) to provide the Service, (c) facilitate communication between you and other users, (d) respond to inquiries from you or your representative, (e) develop, offer, and deliver products and services (f) to serve advertisements on the Site, (g) to enable our vendors and contractors to provide and assist us in the marketing, operation, troubleshooting and analysis of the Site and other services, (h) to analyze data to send more targeted messages to you or other users of our Site, (i) to conduct research and analyze data to improve our products, services, and the Site, (j) to deliver email messages like special offers, updates, newsletters, customer service, and service announcements, (k) to comply with and meet any regulatory requirements for the offer or sale of securities required by law, rules or regulations to our affiliates or members, (l) to protect the Site or its users, (m) to engage in any other lawful activities we believe are consistent with the foregoing; and (n) when required by law or to protect against legal liability. This personal information may include your name, email address, home address and phone number, date of birth, social security number and/or tax identification number, employer, and job title. When you subscribe to make an investment in one of the opportunities listed on the Site, you will again be asked for some of the same personal data as well as some additional data, such as your bank routing number and bank account number. This data is needed in order to enable ourselves or our broker-dealer partners to utilize your bank account to originate funds transfers and later to make investment disbursements to you.
We use reasonable efforts to secure access to personally identifiable information in our possession, but will not be liable for any failure to safeguard such information, whether inadvertent or otherwise.
We may make your information, including non-personally identifiable information or personally identifiable information, available on the Site and visible to other users of or visitors to the Site. For instance, subject to certain preferences and permissions as to visibility you will be allowed to make, information you provide about yourself in response to questionnaires on the Site may be made available to others such as information concerning your status as an accredited investor. As such, other users of the Site may be able to personally identify you based on your information made available on the Site. As a further example, if you utilize third-party services to log into the Site, other users to whom you may be connected to through such third-party service may be able to view or follow information about you, including non-personally identifiable information or personally identifiable information, on the Site.
When you register as a user on the Service, you will receive emails that confirm specific actions you requested, including emails to which you must respond to complete your registration, and notifications confirming your registration. Thereafter, you may receive emails when a new investment opportunity is offered, as well as updates concerning the progress of the funding of such opportunity or offering other relevant information. If you make an investment through the Site, we will also send you non-brokerage confirmations of the investment and occasional updates as to the status of that investment and the timing of distributions relating to that investment. We may also send you responses to emails you send us, if appropriate. From time to time, we will also send user surveys, requests for user feedback regarding user experience and Site operations or marketing offers from us or from us on behalf of our marketing partners. The completion of these surveys or requests for feedback or acceptance of any offer is strictly voluntary. If you do not wish to receive these offers, surveys or user feedback emails, please opt out in any offer email you receive from us.
When you access the Service, we may collect technical and navigational information, such as computer browser type, Internet protocol address (“IP address”), pages visited, general statistical and tracking information, your computer operating system and browser information, and average time spent on our Sites. This information may be used, for example, to alert you to software compatibility issues, or it may be analyzed to improve our Web design and functionality. We train our employees about privacy and limit access to this information. To maintain security of your online session and prevent unauthorized users from accessing your account we use firewall barriers, encryption techniques and authentication procedures.
We will not sell, rent, license, or disclose any of your nonpublic personally identifiable information to any nonaffiliated third parties, except as described below. If you decide to close your account, American Cosmetic Society will continue to adhere to the privacy policies and practices as described in this notice.
We collect information about our users in four ways: (a) directly from the user, (b) from our web server logs, (c) through cookies, web-beacons, and server logs, and (d) from third parties with whom we may have agreements to perform certain functions or services on our behalf.
Information Collected Through Users
Any personal information or content that you voluntarily disclose for posting on the Site (“User Content”) becomes available to the public. You can view and modify this information within the self-maintenance area of the Site. If you remove User Content, copies may remain viewable in cached and archived pages or if other users have copied or stored your User Content. We reserve the right, but have no obligation, to monitor the User Content you post on the site. We have the right to remove any information or material posted on the Site for any reason or no reason, including without limitation, if in our sole opinion, such information or material violates, or may violate, any applicable law, the Agreement, or to protect or defend our rights or property or those of any third party. We also reserve the right to remove information upon the request of any third party.
The following information may be collected in connection with your use of the Site and Services:
• Information you provide online and on applications or other forms, or through discussions we have with you or your representatives, such as your name, address, email address, telephone number, Social Security number, date of birth, income, employment information, investment experience, and any information about your personal goals or objectives;
• Information entered online that may be stored even if you do not complete or submit an application;
• Information about your transactions with or through us, such as your account balance and account history, if applicable;
• Information from third parties in order to verify your identity, investor status, or to prevent fraud;
• Information from third parties that you authorize to provide information to us;
• Information you provide to us about your external financial accounts in order for us to provide you special product and service features; and
• Information regarding external financial accounts will not be disclosed to any other entities.
If you correspond with us by email, we may retain the content of your email messages, your email address and our responses in our email records. We will retain emails that are sent from American Cosmetic Society to you. Emails are subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. We retain email correspondence to build records of our relationship and to measure and improve our service. We may, over time, delete these records if permitted by law.
You may receive periodic updates emails from American Cosmetic Society. You may opt-out of the emails at any time. Instructions for unsubscribing are included in each email.
Cookies, Web-Beacons & Server Logs
Cookies are small text files, which often include a unique but anonymous code, sent by a Site server to your Web browser and stored on your computer. They recognize you as a repeat visitor, allowing you to log in faster and enhance your navigation through the site and the general user experience. Cookies do not identify you by name as an individual or by account number. Cookies also track traffic patterns on our Site, helping us understand how you are using our Site. This information allows us to improve the security, content, navigation and functionality of our Site. Cookies note that your browser was used to visit certain sites, pages, or advertisements on a certain date, but are not used to collect or disseminate any personal information.
You can manually disable cookies. You should review the online documentation of your browser or consult with the provider of your browser for instructions on how to disable cookies. However, disabling cookies may cause some parts of the Site to not function properly.
A “web beacon” is typically a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a site or in an email which allows the website to record the simple actions of the user opening the page that contains the beacon. “Server logs” can be either a single log file or several log files automatically created and maintained by a server of activity performed by the server, which can include information about any transaction you conduct with the server.
Internet Protocol (IP) Address
As you enter our Site, we capture and retain the IP address of the device you are using, such as a personal computer or a handheld device. The IP address does not identify you or your personal information and is used for security purposes only. We may use this information to monitor and prevent fraud, diagnose problems, and (anonymously) estimate demographic information.
Nonpublic Personally Identifiable Information
In the event that you request access to the confidential investment details and business details of an offering on the Site or the Service, the email address linked to your American Cosmetic Society user account may be furnished to the issuer to facilitate communication between you.
American Cosmetic Society does not sell, rent, or license, or otherwise disclose nonpublic personally identifiable information about current or former clients to anyone, except in cooperation with the government and regulatory agencies with a lawful summons, court order, subpoena, fraud investigation, audit or regulatory examination, investigations of a violation of legal rights of American Cosmetic Society or any other person, or as permitted or required by law, to non-affiliated third parties that help us provide services to you. For example, the United States Securities and Exchange Commission (“SEC”) requires that we verify your accredited investor status before you may invest in any offerings made available through our Site. Toward that end, American Cosmetic Society employs or contracts with other third parties, companies or individuals, to perform certain functions or services on its behalf. Examples of these services from such third parties, companies, or individuals, may include:
• ID verification;
• Accreditation/financial/credit verification;
• Electronic document signing;
• Payment storing and processing;
• Sending postal mail and email;
• Escrow services;
• Disbursement of funds;
• Analyzing data;
• Providing marketing assistance; and
• Providing customer service.
As such, these third parties, companies, or individuals may have access to nonpublic personally identifiable information concerning you that they provide to us. In turn, in order to comply with SEC requirements, we may have to share such information with issuers of securities or other offerings made available on our Site, with broker dealers, depending on the types of investments you will be making through the Site.
All non-affiliated third parties that accept or receive this information from us are obligated contractually or by law or regulation to keep this information confidential and to use the information only to provide the services we ask them to perform. These non-affiliated third parties will be provided with only that information necessary to perform their functions on our behalf, and we will not allow them to use your personally identifiable information for any other purpose. American Cosmetic Society shall be entitled to transfer to a third-party information it maintains, including any personally identifiable information, in connection with a transaction or proceeding involving a transfer of some or all of the assets relating to the Site or a business in connection with which such information is maintained.
We may store nonpublic personally identifiable information in locations outside of our direct control such as on servers, or databases maintained by hosting providers. You may decline to submit nonpublic personally identifiable information through American Cosmetic Society, in which case we may not be able to provide certain services to you. You may update or correct your account information and email preferences at any time in your online profile.
American Cosmetic Society may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, mergers, or dissolution. In any such transfer of information, your user information would remain subject to the Agreement.
If you use our blog on the Site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of this forum, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in this forum.
Protecting Your Information
American Cosmetic Society uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We employ a variety of security measures, including encryption and authentication tools. Your personal information is stored behind firewalls and is only accessible by a limited number of people who are required to keep the information confidential.
If you have a unique password (the "Password") for access to non-public areas of the Site, you are solely responsible for all activities that occur in connection with your Password. Accordingly, you should take steps to protect the confidentiality of your Password. Notify American Cosmetic Society immediately if you become aware of any disclosure, loss, theft or unauthorized use of your Password. To protect your privacy and security, maintain the secrecy of your unique Password and account information, and for controlling access to your email communications from American Cosmetic Society, at all times.
Despite these measures, we cannot guarantee that unauthorized persons will always be unable to defeat our security measures.
Compromise of Personal Information
In the event that we learn that personal information is compromised as a result of a breach of security, American Cosmetic Society will use its best efforts to promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in the Agreement, or as otherwise required by applicable law.
Where You Can View and Correct Your Information
We urge you to review your information regularly to ensure that it is correct and complete. If you believe that any of your information is incorrect, or if you have any questions regarding this Policy, please contact us at support@AmericanCosmeticSociety.com.
This Site is intended to be used by adults. It is not intended for children. American Cosmetic Society does not knowingly collect or solicit personal information from anyone under the age of thirteen (13) or knowingly allow such persons to register. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to American Cosmetic Society. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, 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 at support@AmericanCosmeticSociety.com.
The Service may be accessed by users located outside the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States, and that by providing your personal information on or through the Site then you consent to that transfer.
Links to Third-Party Sites
When you select a link to a third-party site, you are subject to the privacy and security policies of the third party and American Cosmetic Society Policy is no longer in effect. American Cosmetic Society does not control the privacy policies or the privacy practices of any third parties. We are not responsible for the practices employed by Sites linked to or from our Site nor the information or content contained therein. Your browsing and interaction on any other Site, including those that have a link on our Site, is subject to that Site's own rules and policies. Please read over those rules and policies before proceeding.
It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our Site page, as determined by American Cosmetic Society in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in the Agreement.
We may at times send you email communications with marketing or promotional materials. If you prefer not to receive such marketing or promotional emails from us, you may unsubscribe completely by emailing us at: support@AmericanCosmeticSociety.com
Please note that opt-out requests may take up to forty-eight (48) hours to process. Please also note that at times we may need to send you email communications that are transactional in nature such as service or termination announcements or payment confirmations which are communications you will not be able to opt-out of.
You will be able to modify the information concerning your account by visiting your profile page and editing any information you wish to change. You will be able to change your email address, password, contact information, or other login information by visiting your account’s settings page subject to our website policy. If you wish to delete your account or need help modifying account information, please contact us at support@AmericanCosmeticSociety.com. We will require up to forty-eight (48) hours to process such requests.
You may stop or restrict the placement of our cookies, Google’s cookies and third-party cookies on your computer by adjusting your web browser preferences or a “Do Not Track” setting in your web browser. If you do so, you may still use our website, but this may interfere with some of its functionality.
You may also clear cookies from your computer via your web browser settings. You may also wish to use a Google Analytics opt-out web browser add-on. Information on this option is available at: http://support.google.com/analytics/bin/answer.py?hl=en&answer=2700409
If you would like us to remove your personally identifiable information from our database, please send a request to: support@AmericanCosmeticSociety.com.
We are not responsible for removing your personally identifiable information from the lists of any third-party services or other third party who has previously been provided your information in accordance with this notice.
By using the Site, you consent to the Agreement. If you do not agree with some, or all of the terms of the Agreement, you may not visit our Site or use the Service.
You agree that: (i) the Service shall be deemed solely based in the State of Florida; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over American Cosmetic Society, either specific or general, in jurisdictions other than the State of Florida. These Terms of Service shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles.
Arbitration of Disputes Brought by a User
Resolution of Disputes Brought by American Cosmetic Society
You agree that any claim by American Cosmetic Society against a User may be brought pursuant to the rules of the AAA or may be adjudicated by a court of competent jurisdiction, either in Miami, Florida, USA, or where the User is located (either the User’s home address or the address of the User’s principal place of business). With respect to the foregoing, the manner of dispute resolution and its venue is at American Cosmetic Society’s discretion and without reference to the choice of laws provisions of any jurisdiction. The User agrees to submit to the personal jurisdiction of the courts located in Miami, Florida, USA.YOU HEREBY WAIVE TRIAL BY JURY.
Class Action Waiver
Any claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class User in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Waiver of Counterclaims
You agree to waive all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other than compulsory counterclaims) in any action or proceeding with respect to this Agreement or any matter arising therefrom or relating hereto or thereto.