FlingNation User Agreement

When you create an account on FlingNation (the “Site”) you agree to all of the terms and conditions of this User Agreement (the “Agreement”). This Agreement constitutes the agreement between the Site and you with respect to your use of the Site and/or one or more of the services featured on the Site (all such services are referred to herein as the “Service”). You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. Please read the following terms and conditions carefully, as they form the agreement between the Site, or any of its successors or assigns (referred to herein as the “Site”, “we” or “us”) and you (sometimes referred to herein as “you”, “your” or the “User”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE, AND SHOULD NOT PROCEED TO REGISTER. BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY AND ALL AMENDMENTS THAT WE MAY MAKE TO IT FROM TIME TO TIME.

1. Right to Use

Your right to use the Service is subject to any limitations, conditions, and restrictions established and enforced by us from time to time, in our sole discretion. We may alter, suspend, or discontinue any or all aspects of the Site or Service at any time, including the availability of any Site or Service feature, database, or content. We may also impose limits on certain features and aspects of the Site or Service or restrict your access to parts or all of the Site or Service without notice or liability.

2. Minimum Age Requirement

By using or viewing the Site or the Service, you represent and warrant that you are at least 18 years old or the age of majority in your jurisdiction, and are not prohibited by law from using the Site or Service. If you use of the Site or Service in violation of this section, you may be subject to legal action as a result.

No person under the age of thirteen (13) years old is permitted to join the Site. We will not knowingly permit anyone under the age of thirteen to join the Site nor will we knowingly collect any information from anyone under the age of thirteen. Any member who suspects another member may be under the age of thirteen should email us at support@flingnation.com. If we learn that we have personal information relating to someone who is not at least 13 years of age, we will delete that information from our systems and immediately disable the account associated with that information.

3. Code of Conduct

In using the Site and/or Service you agree to conduct yourself at all times in accordance with the following Code of Conduct:

a) You are and will at all times be solely responsible for any content, including, but not limited to, text, audio or video recordings, photographs, graphic depictions, or any other type of material, data or information (collectively, the “Content”) that you post on the Site or display to other members of the Service. You will keep all Content provided to you through the Service private and confidential and will not disclose such Content to anyone without the permission of the person who provided it to you;
b) You will not use the Service to engage in any form of harassment or offensive behavior, including, but not limited to, the posting of any Content that contains sexual conduct (whether actual or simulated); libelous, slanderous, abusive or defamatory statements; or racist, pornographic, obscene, or offensive language;
c) You will not post any Content or use the Service in any way that:

i. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or
ii. contains nudity or any kind of sexual depiction either real or simulated, or
iii. is fraudulent or otherwise unlawful conduct in connection with your use of the Service or violates any law.

d) You will not use the Service to distribute, promote, or otherwise publish any material containing any solicitation for funds, advertising, or solicitation for goods or services;

e) Your use of the Service is for your own personal use. You may not allow others to use the Service and you may not transfer accounts with other users;

f) You will not use the Service to infringe on any privacy right, property right, or other civil right of any person; and
h) You will not forward any chain letters through the Service.

4. Privacy and Use of Information

As more fully set forth in our Privacy Statement, your personal information will not be resold to any third party.

5. Content Posted By Members

By agreeing to the terms and conditions of this Agreement, you represent and warrant that all Content you upload to the Site does not in any way infringe on anyone’s intellectual property rights. You also authorize the Service to post any and all photographs uploaded by you throughout the Service and other associated websites featuring other members of the Service. The Site hereby asserts immunity with respect to all Content provided by members or other third parties, as provided by law, including, but not limited to, under the Communications Decency Act. We will remove any Content that you may post on the Site upon being notified, as provided in these terms and conditions, that the Content you post on the Site violates the intellectual property rights of another. We may remove any Content that you post on this Site that we believe, in our sole discretion, violates this Agreement without any obligation to provide you prior notice of such removal. Members and others are prohibited from uploading any Content to the Site which, in our sole opinion, might be illegal or offensive, including, but not limited to, Content involving bestiality, urination, other bodily excretions, defamatory material or otherwise obscene material, or any conduct that violates the prohibitions set forth under “Code of Conduct,” above, or any other provision of this Agreement. You may not post any Content that solicits any information or response from anyone under 18 years of age, mischaracterizes your identity, solicits any information that might be used for unlawful purposes, or encourages unlawful activities. You may not post any Content for commercial purposes, including, but not limited to, email marketing, advertising of goods or services, any investment opportunities, contests, or similar activities. Additionally, The Site reserves the right, in The Site’s sole discretion, to immediately suspend your account, file for injunctive relief, file for civil redress and/or report any conduct that violates these terms and conditions to any and all authorities that may have jurisdiction over the matter. In the event any actions or proceedings are brought against The Site as a result of Content you have posted on the Site, or your engaging in any prohibited activities, as set forth in this section or in this Agreement, you agree to indemnify and hold The Site harmless with respect to all costs and expenses, including, but not limited to, attorneys’ fees that The Site may incur as a consequence of your posting of such content or engaging in such prohibited activities.

6. Use of Information on Service

By accessing and/or using the Site and/or Service, you acknowledge and agree that:

(a) We cannot ensure the security or privacy of information you provide through the Internet, email, messaging or otherwise, and through your email or other messages; you release us from any and all liability in connection with the breach of the security of such information and/or messages and with respect to the use of such information by other parties;
(b) We are not responsible for, and cannot control, the use of any information or Content, by anyone, that you provide to any other parties or the Service and you should use caution in selecting the personal information you provide to others through the Service;
(c) We cannot assume any responsibility for the content of any communication sent by any user on the Service, and you release us from any and all liability in connection with any such communication you may receive from other users;
(d) You acknowledge that you cannot bring legal action against the Site or any of its employees, officers, or agents for any damages of any kind, under any theory, as a consequence of using the Service and/or Site;
(e) You grant a perpetual royalty-free license to the Site with respect to any and all images uploaded to the Site and may be used by the Site, in our sole discretion and without restriction, in connection with operating the Service and as marketing materials for the Service and other websites on which members of the Service appear; and,

(f) You may not use the Service for any unlawful purpose. We may refuse to grant you or discontinue your use of a user name, for whatever reason, including, but not limited to, that the user name you have chosen impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.

We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by any other user of the Service, including but not limited to, information regarding a member’s age and marital status. Additionally, as users may discontinue or suspend their membership at any time, we cannot guarantee that individuals seen in various advertisements are currently active members. You hereby acknowledge and agree that we have no responsibilities or liabilities for any inaccuracies, intentional or unintentional, made by users or as a result of out of date information.

7. Notice of Claimed Infringement

The Site respects the intellectual property of others, and we ask our members and others to do the same. We voluntarily observe and comply with the United States’ Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Service’s Designated Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You may send your Notice of Claimed Infringement to:
Lawrence G. Walters
195 W Pine Ave
Longwood, FL 32750
Phone: (407) 975-9150
Fax: (407) 774-6151
Notice@DMCANotice.com

Please note that if you materially misrepresent that any content or activity is infringing your copyrights, you may be liable for damages (including costs and attorneys' fees).

DO NOT SEND ANY OTHER INQUIRIES TO OUR DMCA AGENT.

SEND ALL OTHER INQUIRIES TO: support@flingnation.com. Please do not send other inquires or information to our Designated Agent.

Notification and Take Down Procedures

The Site implements the following "notification and takedown" procedure upon receipt of any notification of claimed copyright infringement. The Site reserves the right at any time to disable access to, or remove any material or activity accessible on or from the Site or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. We reserve the right to terminate any account reported for infringing on the intellectual property of any third party, and we will act expeditiously to remove access to all identifiable material that is alleged to infringe on a third party's copyrights, according to the procedure set forth in 17 U.S.C. § 512 of the Digital Millennium Copyright Act ("DMCA"). The Site's DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with § 512 of the DMCA, but does comply with three requirements for identifying materials that are infringing according to § 512 of the DMCA, the Site shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, we will expeditiously endeavor to remove and/or disable access to the infringing material and may notify the affected user. Then, the affected user may submit a counter-notification to the above-designated agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the designated agent receives a valid counter-notification, we will replace the material at issue within 10-14 days after receipt of the counter-notification, unless the designated agent receives notice that a court action has been filed by the complaining party, seeking an injunction against the infringing activity. We reserve the right to modify, alter or add to this policy, and all users should regularly check back to these Terms of Use to stay current on any such changes.

III. DMCA Counter-Notification Procedure

If the recipient (the "Recipient") of a Notice of Claimed Infringement ("Notice") feels that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in response to a Notice as outlined above, the Recipient is permitted to submit a counter-notification pursuant to §512(g)(2) and (3) of the DMCA. A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material (the "Material") pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations that may cause any claims to be brought against us relating to the content.

To submit a counter-notification, please provide our designated DMCA agent the following information:

  1. A specific description of the material that was removed or disabled pursuant to the Notice.

  2. A description of where the material was located within the Site before such material was removed and/or disabled. Please provide the specific URL if possible.

  3. A statement reflecting the Recipient's belief that the removal or disabling of the Material was done so erroneously. For convenience, the following format may be used:

    • "I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled." loss or harm caused by or arising from your breach of any of the warranties and representations contained herein and with respect to any breach of any term of this Agreement.


The foregoing may be sent by mail, overnight courier, or fax to our DMCA agent using the following contact information:
Lawrence G. Walters
195 W. Pine Ave.

Longwood, FL 32750-4104
Fax: (407) 774-6151

notice@DMCANotice.com

DO NOT SEND ANY OTHER INFORMATION OR MATERIAL OUR DMCA AGENT. PLEASE SEND ALL OTHER INQUIRIES TO: support@flingnation.com

After receiving a DMCA-compliant counter-notification, our designated DMCA agent will forward it to us, and we will then provide the counter-notification to the party who first provided the Notice concerning the subject material.

Additionally, within ten to fourteen (10-14) days of our receipt of the counter- notification, we will replace or cease disabling access to the disputed material provided that we or our designated copyright agent have not received notice from the entity who first provided the Notice that such entity has filed a legal action pertaining to the disputed material.

We reserve the right to modify, alter or add to this policy, and all users should regularly check back regularly to stay current on any such changes.

8. Monitoring of Information

We reserve the right, but have no obligation, to monitor any and all advertisements, public postings and messages to ensure that they conform to the content guidelines and this Agreement, which are both subject to change from time to time. We also reserve the right, but have no obligation, to monitor any and all messages and chats that take place through the Site. We are not responsible for any offensive or obscene material(s) that may be transmitted or posted by any and all users (including unauthorized users, as well as the possibility of "hackers"). As noted above, we are also not responsible, under any circumstances, for the use of any personal information, by anyone, that you post or transmit through the Service.

9. Removal of Information

While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements, public postings and messages, that we, in our sole discretion, may deem to violate the Code of Conduct set out above or to be otherwise unacceptable to us in our sole discretion. Notwithstanding our right to delete, move or edit messages or materials, you shall remain solely responsible for the content of advertisements, public postings, messages and other materials you may upload to the Service or otherwise provide to users of the Service.

10. Termination of Access to Service

We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Service at our sole discretion, and we reserve the right to refer such activity to any and all appropriate law enforcement agencies.

11. Proprietary Information

The Service contains information, which is proprietary to us and/or users of the Service. We assert full copyright protection in the Service. Any information posted by us or users of the Service may be protected whether or not it is identified as proprietary to us or to the user. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.

12. No responsibility

We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the Service, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, "Trojan horses" or other destructive software or materials, or communications by you or other users of the Service, or any interruption or suspension of the Service, regardless of the cause of the interruption or suspension . Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time, please see details on cancellation below.

13. Security

Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.

14. Other Links

The Service may from time to time contain links to other sites and resources ("External Links"). We are not responsible for, and have no liability as a result of, the availability of External Links or their contents.

15. Export Control

The Site and Service must not be viewed or used in, or exported or re-exported to, any jurisdiction in which the access, viewing, downloading, or other use of the Site or Service would or could reasonably constitute a violation of any law, regulation, rule, or custom. The Site and Service must not be accessed by (i) anyone located in China, Cuba, Iran, Iraq, Libya, Pakistan, Saudi Arabia, and Syria, or any other country under U.S. embargo; or (ii) any person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. The foregoing groups are not exhaustive, and you are solely responsible for complying with the laws, regulations, rules, and customs in your own jurisdiction.

16. Indemnity

You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service and/or Site, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

17. No Warranties

The Service and Site are distributed and made available on an "as is" basis. We do not warrant that the Service or Site will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service and/or Site. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service and/or Site is at your own risk. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by the Site or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. If you are a California resident, you waive California Civil Code § 1542, which states "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

18. Modifications

We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

19. Disclosure and Other Communication

We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any The Site related products and services. We reserve the right to disclose information about your usage of the Service and Demographics in forms that do not reveal your personal identity.

20. Complaints

To resolve or report a complaint regarding the Service or members who use the Service you should send an email detailing such complaint to support@flingnation.com. Immediate actions will take place in order to help solve the problem.

21. Registration

You may become a member of the Site by completing an online registration form, which must be accepted by the Site, and by payment of the applicable subscription fee. Upon submission of the online registration form, the Site or its authorized agent will process the application. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. You must promptly inform the Site of all changes to the registration data, including, but not limited to, changes in your address and changes in the credit card information you used in connection with billing for the Service. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Site or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Site has the right to suspend or terminate your account and refuse your current or future use of The Site and the Service, as well as possibly subjecting you to criminal and civil liability. You are responsible for dishonored checks, inappropriate “chargebacks” or credits to your credit card and any related fees that we incur with respect to your account.

22. Member Account, Password and Security

As part of the registration process, you will be issued a unique user name and password which you must provide in order to gain access to the non-public portion of the Site. You certify that when asked to choose a username you will not choose a name which falsely represents you as somebody else or a name which may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of usernames that we, in our sole discretion, deem inappropriate. We reserve the right to modify any materials on the Site and The Site design at anytime, with or without prior notice. We reserve the right to cancel at any time the membership of any member who uses their selected username in violation of this Agreement or in any other way we, in our sole discretion, deem inappropriate. Your membership, the ID and password are nontransferable and non-assignable. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to the Service to anyone who is below the Age of Majority, or otherwise does not wish to view the content on the Site. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. The Site will not release your password for security reasons. You agree to (a) immediately notify the Site of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Service until you notify the Site by email regarding that unauthorized use. Unauthorized access to the Service is illegal and a breach of this Agreement. You agree to indemnify the Site against all activities conducted through your account. You may obtain access to your billing records upon your reasonable request.

23. Membership Fees

Your subscription to the Service will be automatically renewed as stated below upon expiration of the initial term, unless you notify the Site via our online Customer Service Area. Membership fees to the Site are prominently displayed prior to your subscription thereto. You agree to pay all membership fees when due according to these billing terms. At the time of registration, you must select a payment method. The Site reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay all amounts due to us immediately upon cancellation or termination of your account. We reserve the right to make changes to our fees and billing methods, including the addition of supplemental charges for any content or services that we may provide, with or without prior notice to you, at any time. WE USE AN AUTOMATIC REBILL CYCLE ACCORDING TO YOUR SELECTED PAYMENT OPTION.

24. Billing Errors

If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.

25. Binding Agreement

By supplying us with all the required information and signing up as a member you acknowledge and affirmatively state that you have read, and understand the terms set forth herein and that you agree to be bound by the terms and conditions hereof.

26. NO WARRANTIES, LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND/OR SITE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICE AND SITE ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. THE SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THE SITE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE SITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES. YOU AGREE THAT THE SITE'S MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF MEMBERSHIP FEES YOU HAVE PAID US .

27. Severability

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

28. Arbitration

All Disputes (including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration) must be submitted to arbitration before and in accordance with the arbitration rules of the American Arbitration Association in accordance with its commercial arbitration rules. The term “Dispute” means any controversy or claim arising out of or relating to the Site or the Services or this Agreement, or any breach thereof, including any claim that this Agreement, or any part of this Agreement is invalid, illegal or otherwise voidable or void.

The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law. Notwithstanding any provision of this Agreement relating to under which state’s laws this Agreement is to be governed by and construed under, all issues relating to arbitrability or the enforcement of the Agreement to arbitrate contained herein are to be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and the federal common law of arbitration.

Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You and the Site hereby waive to the fullest extent permitted by law, any right to or claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it.

This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear.

Arbitration take place in Miami-Dade County, Florida, exclusively.

You and the Site hereby agree that no action (whether for arbitration, damages, injunctive, equitable or other relief, including rescission) will be maintained by any party to enforce any liability or obligation of the other party, whether arising from this Agreement or otherwise, or any other Dispute, unless brought before the expiration of the earlier of one year from the occurrence of the facts giving rise to such claims or within 90 days from either the actual discovery of the facts giving rise to such claims or from the date on which the party should have, in the exercise of reasonable diligence, discovered such facts.

The obligation to arbitrate is not binding upon the Site with respect to claims relating to its trademarks, service marks, patents, copyrights, or other intellectual-property rights, or requests for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties.

The prevailing party will be entitled to receive from the non-prevailing party its costs relating to the arbitration proceeding including but not limited to, the arbitrator's fees, attorneys' fees and costs, witness fees, transcription fees, etc. and sales and use taxes thereon, if any.

You and the Site each acknowledges and agrees that it is the intent of the parties that arbitration and litigation between the parties will be of the parties' individual claims, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.

29. Cancellation By User

You must cancel your membership at least twenty-four (24) hours before your monthly anniversary date to avoid being charged for another month of membership. You hereby agree to be personally liable for any and all charges incurred by you until termination of membership for goods or services through your use of the Service. In the event that you cancel your account no refund, including any membership fees, will be granted; no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of the Service to which you were a member.

30. Termination by The Site

Without limiting other remedies, the Site may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of the Service and refuse to provide our services to you at any time, with or without advance notice, if: (a) the Site believes that you have breached any material term of these Terms and Conditions or the documents it incorporates by reference, (b) you fail to pay any amount due by the payment due date; (c) we are unable to verify or authenticate any information you provide to us; (d) we believe that your actions may cause legal liability for you, our users or us; or (e) the Site decides to cease operations or to otherwise discontinue any of the Site or parts thereof. Further, you agree that neither The Site nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to the Service. You agree that if your account is terminated by The Site, you will not attempt to re-register as a member without prior written consent from The Site.

31. After Termination or Cancellation

You accept that when you cancel your membership with the Service you will be automatically deleted from and locked out of the Service. You will be unable to access your account on the Service. You also agree and accept that upon cancellation your profile, mail and other membership materials will be immediately deleted from The Site and that such information will be irretrievable. The terms of this Agreement shall survive after termination or cancellation, unless stated otherwise.

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