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2. Use of Content of Site
a. Permission (which may be revoked at any time for any reason) is granted to temporarily download one copy of the materials (information or software) on ConsumersUSA.com’s web site solely for personal, non-commercial transitory viewing only. No other use is permitted. You may not, for example: i. modify or copy the materials; ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial); iii. attempt to decompile or reverse engineer any software contained on ConsumersUSA.com’s web site; iv. remove any copyright or other proprietary notations from the materials; v. transfer the materials to another person or “mirror” the materials on any other server; vi. incorporate the information, content, or material in any database, compilation, archive, or cache; or vii. license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from this site. b. This permission shall automatically terminate if you violate any of these restrictions and may be terminated by ConsumersUSA.com at any time. Upon terminating your viewing of these materials or upon the termination of this permission, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Proprietary Information
THE MATERIALS ON ConsumersUSA.com’S WEB SITE ARE PROVIDED “AS IS”. ConsumersUSA.com MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, ConsumersUSA.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEB SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
5. CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION
This Agreement shall be treated as though they were executed and performed in Florida and shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles). Should a dispute arise concerning this Agreement, the terms and conditions of this Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against the Company and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that the Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) 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 access the Website.
In no event shall ConsumersUSA.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on ConsumersUSA.com’s Internet site, even if ConsumersUSA.com or a ConsumersUSA.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. ConsumersUSA.com also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing this site, or of your downloading of any materials from this site. ConsumersUSA.com assumes no responsibility or liability arising from the content of this site, as well as any offsite pages or additional sites linked to this site.
7. Revisions and Errata
The materials appearing on ConsumersUSA.com’s web site could include technical, typographical, or photographic errors. ConsumersUSA.com does not warrant that any of the materials on its web site are accurate, complete, or current. ConsumersUSA.com may make changes to the materials contained on its web site at any time without notice. ConsumersUSA.com does not, however, make any commitment to update the materials. ConsumersUSA.com assumes no responsibility or liability for any errors or omissions in the content of this site.
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10. Governing Law