Effective Date: 7/4/2018
Last Modified: 7/4/2018
1. PRELIMINARY ISSUES:
This document (the 'Agreement') is a legally-binding contract that will govern the relationship between You and Us as You use Our site and services. Therefore, it is very important that you read and understand this Agreement before using any of Our services, including the website(s) that this Agreement covers: www.kryzol.com and any other domain name owned by us which links to www.kryzol.com .
KryzolSM is a revolutionary and unique self-help tool for use with the Internet, designed to help optimize a couple's relationship. This tool promotes the commitment to change between a couple, an element essential to minimize problems that, in many occasions, contribute to the destruction of relationships between couples and/or marriages. In order for this tool to work to the best of its capacity, You agree to put your best effort into using the tool as it is intended to be used and You agree to fulfill the tasks requested of you by your partner in a timely matter.
KryzolSM does not aim to interfere with or substitute the functions of professional Counselors, Psychologists, Psychiatrists, Pastors, Clergy, or other professionals in this area. KryzolSM does not define the problems between couples, nor does it counsel how to solve them. KryzolSM is an automatic self-help tool. If You feel like You need professional help, of any kind, we strongly encourage You to seek it and not disregard it.
Party Definitions :
1.1. Crisis Solutions Services, LLC ('Company') is the operator of the above-referenced website(s) (collectively 'Site' or 'Sites'), through which Company provides its Services.
1.2. This Agreement will refer to any and all Users of the Site and Services as 'User' or 'You' and other second-person pronouns.
1.3. Certain portions of Our Site and Services may allow You to register for an account or otherwise enter areas of the Site and Services that other Users who choose not to register may not access. Should You desire to register for an account, You will become a Member of the Site and Services. All provisions of this Agreement pertaining to You or Users are equally applicable to Members.
Assent and Changes to the Agreement :
1.4. By clicking the 'I agree' button or by accessing, visiting, browsing, registering, using or attempting to interact with any part of the Site or Services, You agree that You have read, understand and agree to be bound by this Agreement, and You have subsequently entered into a legally-binding contract with Us. Your electronic assent is authorized by the E-Sign Act. If You do not agree to be bound by this Agreement, do not access or use any part of this Site or Services. Even if You do not become a Member of the Site and Services, consideration for Your agreement to the provisions herein is found by Your use or visitation of the Site and Services. You understand and agree that such consideration is adequate and received upon Your use of the Site and Services.
1.5. You represent and agree that You will not use the Site or Services if doing so would violate the laws of Your state, country, or province. You further represent and agree that You will not use the Site or Services for illegal purposes.
1.7. If We change anything in this Agreement, We agree that We will change the 'Last Revised' date appearing at the top of this Agreement. You should therefore check this Agreement frequently to see if anything has changed. Your continued use of the Site and Services after any such change shall constitute Your assent and agreement to abide by any such revisions. Should any change to this Agreement be deemed ineffective or invalid by any court, the parties intend that the prior, effective provision of this Agreement be considered valid and enforceable to the fullest extent.
2.1. To access this Site and Services, You may be asked to provide certain registration details or other information ('Registration Data') in order to become a Member. It is a condition of Your use of this Site and Services that all the information You provide through the Site, including Registration Data, will be correct, current, and complete. If We believe the information You provide is not correct, current, or complete, We have the right to refuse you access to the Site or Services, and to terminate or suspend Your access or membership at any time. You hereby represent and warrant that You have all rights and permissions to supply the information requested in the Registration Data as well as all other of Your Content, as defined below. You may be asked to provide information about Your partner; however, You should only provide such information if You have Your partner's permission to do so.
2.2. Given the nature of the Services, some of the Registration Data You provide, as well as other of Your Content, as defined below, may be personal, private, or otherwise sensitive. It is Your responsibility to keep that information up to date and accurate. While we use commercially reasonable efforts to protect all information which You provide to Us, it may be technically impossible to prevent determined third-party hackers, phishers, or scammers from obtaining such information through nefarious means. For that reason, We cannot be responsible for the intentional and criminal acts of those third parties, nor can We be responsible for Your negligence with regard to Your Content, including the Registration Data.
2.3. In order to properly use the Site and Services, Registration Data, and other data we request when setting up Your profile, may include items such as a cellular telephone number and e-mail address. By providing us with such information, You are manifesting Your desire for Us to use such addresses and numbers to send You information as part of the Services, whether via e-mail or text message. You may stop receiving text messages at any time by changing Your settings via the Site.
2.4. Part of the purpose for which you provide information to the site is to share it with your partner. As part of the registration process, you identify who your partner is, or your partner identifies you as their partner. You will both have access to the software through different logins. These logins are connected to each other so that KryzolSM can communicate to each partner through email, text, or future app notifications. When you subscribe to KryzolSM, you give US permission to share your information with your partner and your partner gives US permission to share his or her information with you. The information we may share between partners includes but is not limited to: problems, solutions, follow-ups, likes, profile information, etc.
2.5. Should You decide to become a Member of the Site, You may not transfer or sell Your Membership or access to the Site or Services to any third party. You are responsible for all activity transpiring under Your account. We disclaim any and all liability arising from fraudulent use of the Site and Services. Given Our commitment to security, We may terminate, suspend, or otherwise cancel any account that appears, in Our sole discretion, to be engaging in fraudulent or suspicious use.
2.6. Since You are responsible for all activity transpiring under Your account, You agree that You will immediately notify Us should You suspect that there has been any unauthorized activity associated with Your account or other use of the Site or Services.
2.7. Membership Fees : Membership to the Site is based on a six-month (6) period. The current fees for membership are explained in Section 2.9.1 of this document.
2.8. You agree that You must keep all billing information current throughout Your use of and membership to the Site and Services. We use a third-party billing company, and if the company is unable to process any payment due to Us because You failed to update such payment information, We have the right to suspend, terminate, or otherwise disable Your account. We reserve the right to hold you responsible for any chargebacks or other fees that We may incur while trying to process Your payment(s). Please also note that We have no access to Your credit card number or information. When paying for Our Services, You will be taken to Our third-party billing processor's website for payment processing.
2.9. Termination of Your Access or Membership:
2.9.1. Your sign-up, begins upon Your acceptance of this Agreement and initial submission of Registration Data and payment. You should only sign up to become a Member if You intend to use the entire subscription term, which is currently a six (6) month term.
You may only cancel your membership at any point during the first thirty (30) days of membership. This can be done by pressing the “CANCEL MY SUBSCRIPTION” button found on Your profile page on the Site. Once you cancel your membership, you will not be charged for any subsequent months. You will only be charged for the first month and you will have access to KryzolSM for this entire first month only. If you do not cancel your membership at any point during the first thirty (30) days of membership, you will be responsible and charged a fee of $39.95 every month for the next four months of subscription. The sixth (6th) and last month of membership is free. In total, you will pay $199.75 ($39.95 for five months; sixth month is free).
2.9.2. We may suspend or terminate Your access or membership to the Site and Services, without notice, if You, in Our discretion, have breached any provision of this Agreement, or the policies and other documents incorporated by reference.
2.9.3. Additionally, we reserve the right to cease operations of the Site and Services at any time and for any reason, and You agree that such cessation will be without liability or harm to You.
2.9.4. You understand and agree that We shall not be liable to Your for any reason in the event that We suspend, terminate, or otherwise cancel Your membership to the Site and Services.
2.9.5 We will retain your information and content for twelve (12) months following the expiration or termination of Your membership. After such twelve (12) month period, if You have not re-joined the Site, We will permanently disable any link between You and Your Content. IMPORTANT: We will indefinitely store Your Content in a 'scrubbed' or anonymous fashion for statistical and research purposes. This allows Us to continually improve Our Services while also ensuring that such data is no longer linked to any identifiable Member.
2.10. Service Interruptions : Due to factors outside of Our control, as well as certain factors within Our control, such as software and hardware upgrades, the Site or Services may be temporarily unavailable. You agree to hold Us harmless for any such interruption, whether or not such interruption was planned and/or whether or not We notified You of any interruption.
2.11. Third Party Links : The Site and Services may be hyperlinked to other sites which are not maintained by, or related to Our Site. Links to such sites are provided as a service to Our Users and are not sponsored by or affiliated with this Site or Us. We likely have not reviewed any or all of such sites and We are not responsible for the content of those sites. You access such third-party sites at Your own risk, and We make no representations or warranties about the content, completeness or accuracy of these links or the sites linked to this Site and Services. We provide links as a convenience, and the inclusion of any link to a third-party site does not necessarily imply Our endorsement of such site. Third party sites are subject to their own terms and privacy policies.
2.12. Third Party Content : The Site may also include content from other third-parties, such as relationship counselors and other advisors. This content will typically appear in the Blogs section of the Site. Such content originates from, and belongs to, the individual who authored it, and We merely use it under license or otherwise with the author's permission. We make no representations regarding the accuracy or efficacy of such content, nor does such content necessarily reflect the opinions or ideas of Company.
3. GENERAL RESTRICTIONS ON USE AND LICENSE TO USE YOUR CONTENT
3.1. You may only use the Site and Services for purposes expressly permitted by this Site. As a condition of Your use of the Site and Services, You warrant to Us that You will not use the Site or Services for any purpose that is unlawful or prohibited by this Agreement or by law.
3.2. The Site and Services may allow You to upload or otherwise submit to Us text, images, video, and other content, including responses to questions on forms ('Your Content').While Our Site and Services may provide You with certain materials, including HTML code, images, text, audio, video, and other content provided or licensed by Us ('Site Materials'), any content provided by You shall be considered Your Content. To protect Ourselves and Our Users, You understand and agree that We may, in Our sole discretion, delete or disable any of Your Content which we deem to be in violation of this Agreement, or any law or regulation.
3.3. By uploading or providing any of Your Content to the Site or Services, You warrant and represent that You own all intellectual property rights, privacy and publicity rights, and any other right required for You to make Your Content available via the Site or Services. Also, in order for Us to provide You with the Services, You hereby irrevocably grant Us a worldwide, perpetual, royalty-free and non-exclusive license to:
3.3.1. Use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all of Your Content on the Site or Services, by means of any technology now known or hereafter to become known.
3.3.3. As part of the above license, You understand and agree that We may retain Your Content in anonymized form indefinitely. While We allow You to remove any personally-identifying association with Your Content upon the expiration or termination of Your account, We retain Your Content anonymously for statistical and research purposes. You may rest assured that should You select the option for Us to not retain Your Content in a personally-identifiable manner (such as when We retain Your Content in a manner linked to Your membership information for the purpose of easily re-joining the Site and Service at a later date), there will be no way for Us or others to link the retained data to You.
3.4. Section 230 Notice : Pursuant to 47 U.S.C. 230 (the Communications Decency Act or CDA), You understand that We are a provider of an interactive computer service which makes us immune from liability for certain claims arising from Our publication of Your Content. As part of Our Section 230 immunity, We must inform You that there are filtering services available which may help You in preventing a minor's access to harmful material. Note that We are providing the previous link for information purposes only, and We cannot endorse or warrant any third-party products You may find or use via such research.
3.5. By accepting this Agreement and using the Site or Services, We grant You a single limited, revocable, nonexclusive and nontransferable license to access and use the Site Materials. The Site, Services, and Site Materials are for Your personal use only. Should We terminate Your account or access to the Site or Services, the license granted in this paragraph shall immediately terminate and any continued access or use of the Site, Service, or Site Materials shall be unauthorized. The Site Material and certain other content accessible from the Site and Services is the proprietary information of Company or the party that provided or licensed the content to Company, whereby such providing party retains all right, title, and interest in such content. Accordingly, the Site Materials may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without Our prior written consent, except that You may print out a copy of the Site Materials solely for your personal use. In doing so, You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Site Materials. Modification or use of the Site Materials except as expressly provided in this Agreement violates Our intellectual property rights. Neither title nor intellectual property rights are transferred to You by using the Site or Services.
3.6. By using the Site and Services, You will have created a commercial relationship with Us for purposes of CAN-SPAM. In having done so, You agree and consent to Us sending You messages, which may include product announcements and other marketing messages. You also have various options regarding how You would like to receive information from Us, and we encourage You to use those options to customize Your experience with the Site and Services.
4. SPECIFIC RESTRICTIONS ON YOUR CONTENT AND YOUR USE OF THE SERVICES
The Site and Services may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow You to communicate with the Internet community or with a group. Among other actions, when using the Site and Services to upload or create Your Content, You agree that You will not post, send, submit, publish, or transmit in connection with this Site any material that:
4.1. You do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
4.2. advocates illegal activity or discusses an intent to commit an illegal act;
4.3. is vulgar, obscene, pornographic, or indecent;
4.4. does not pertain directly to this Site or Services;
4.5. threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, racist, abusive, harassing, threatening or offensive;
4.6. seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
4.7. harvests or otherwise collects information about others, including e-mail addresses, without their owners' consent;
4.8. duplicates or makes any part of the Site or Services available to others without Our authorization;
4.9. circumvents any encryption or other security mechanisms used anywhere on the Site or Services;
4.10. violates any law or may be considered to violate any law;
4.11. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
4.12. falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;
4.13. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
4.14. solicits funds, advertisers or sponsors;
4.15. includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications, including those of the Site or Services;
4.16. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
4.17. amounts to a 'pyramid' or other like scheme, including contests, chain letters, and surveys;
4.18. disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this Site or any networks connected to this Site; or
4.19. contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
4.20. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site or Services. For example, You may not use a screen-scraper or other automated means to access information from the Site or Services.
4.21. You agree to cooperate with Us to cease any unauthorized use or conduct.
We reserve the right to monitor use of this Site and Services to determine compliance with this Agreement. While we do not have an obligation to do so, We also reserve the right to remove or refuse any of Your Content for any reason. We also reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Our sole discretion. Your Content may be subject to posted limits on use, reproduction and/or dissemination and You are responsible for abiding by such limitations with respect to Your submissions, including any downloaded materials.
You understand that We cannot, and do not, guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties, including files from the Site or Services. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site and Services for any reconstruction of any lost data.
Additionally, as stated earlier in this Agreement, We are not offering You medical, financial, or other professional advice. The Site and Services are intended to provide You with self-help tools based on Your own responses to Our questions. We cannot guarantee that You or Your partner will benefit from Your use of the Site or Services, although We certainly hope that You do. We are not responsible for the problems and solutions that You choose, or the repercussions of those decisions for You, Your partner, or Your relationship with Your partner.
YOUR USE OF THIS SITE AND SERVICES IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED 'AS IS' AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT AVAILABLE VIA THE SITE OR SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR SERVICES. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE SITE OR SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information on the Site and Services, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and We do not undertake any obligation to update such information after it is posted or to remove such information from the Site or Services if it is not, or is no longer accurate or complete.
None of the warranties and representations herein apply or extend to any third person.
6. LIMITATION ON LIABILITY
COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, BUSINESS INTERRUPTION, LOSS OF GOODWILL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
California Residents : You specifically waive the provisions of Section 1542 of the California Civil Code and any similar law of any other state, territory or jurisdiction. Section 1542 provides: '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.'
You agree that You will indemnify and hold Company, its subsidiaries, affiliates, licensors, third-party content providers, service providers, employees, agents, officers, directors, and contractors (the 'Indemnified Parties') harmless from any breach of this Agreement by You and for any of Your conduct via the Site and Services should We be obligated to defend any claims arising from such conduct. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed from the Site or Services. As explained above, any conduct occurring under Your account will be considered Your conduct.
We will notify You by electronic mail of any such claim or suit requiring Your indemnification, and We will cooperate fully (at Your expense) in the defense of such claim or suit. We also reserve the right to participate in the defense of such claim or defense at Our own expense, and choose Our own legal counsel, but We are not obligated to do so.
8. OUR TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing on the Site and Services are the Company's property or the property of the party that provided the trademarks, services marks, logos, and copyrighted works to Company. We, and any party that provided trademarks, service marks, logos, and copyrighted works to Us, retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing on this Site and Services.
9. COPYRIGHT INFRINGEMENT AND DMCA POLICY
In providing the Site and Services, We are a 'service provider' as defined by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 512(k)(1). Therefore, We are eligible for certain 'safe harbors' under the DMCA. We respect the intellectual property of our Users and of others, and We have developed the following DMCA Policy to handle claims of copyright infringement.
9.1. How to Notify Us of Alleged Infringement: If You, or any other third party visitors to the Site, believe that your work has been infringed by virtue of appearing on the Site or Services, please send the following information to Our Designated Copyright Agent:
9.1.1. The identification and description of the copyrighted work that you believe has been infringed;
9.1.2. The identification and description of the material that you believe is infringing your copyrighted work, along with information sufficient to allow Us to locate the material.(For example, provide the URL and/or file name.);
9.1.3. Your contact information, including your address, telephone number, and e-mail address;
9.1.4. A statement that you have a good faith belief that the use of the allegedly infringing material is being used in a way that is not authorized by the copyright owner, its agent, or the law. (Note that the law allows for fair use of copyrighted works, so you should evaluate the use for fair use prior to requesting that the material be removed.);
9.1.5. A statement, made under penalty of perjury, that the information you provided is accurate and that you are authorized to act on behalf of the copyright owner regarding the alleged infringement.
9.1.6. Your physical or electronic signature.
9.2. Presuming all information is provided and is accurate, the information in 8.1.1-8.1.5 shall be considered a DMCA Notice under 17 U.S.C. 512(c)(3).
9.3. Please send your DMCA Notice to: email@example.com
9.4. Upon receiving a valid, compliant DMCA Notice, We will expeditiously remove the allegedly infringing material and provide Our User with information concerning the DMCA Notice and Our Counter-Notification procedure. When appropriate, We will terminate the account of repeat infringers, per Our Repeat Infringer Policy.
Given the importance of security, You agree that We will be entitled to monitor Your password and account activity and, at Our discretion, require You to change Your password if We believe it will improve security.
The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If You, or Your account, become involved in any violation of system security We reserve the right to release Your details to law enforcement. We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or direction Us to disclose the identity of anyone violating this Agreement. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD THE COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
11. MISCELLANEOUS PROVISIONS
11.1. No joint venture, partnership, employment, or agency relationship is created between Us based on Your use of the Site or Services.
11.2. Notice: Any notice required under this Agreement may be provided to Us via e-mail to the following address: firstname.lastname@example.org . You agree that any notice We must provide to You under this Agreement may be sent to the then-current e-mail address provided in Your account profile.
11.3. Force Majeure: You understand and agree that We shall not be responsible for any failure to provide the Site or Services based on unforeseen circumstance which are out of Our control, including but not limited to: acts of God, such as flood, fire, earthquakes, hurricanes, storms or other natural disasters; hacking; failure of Our upstream providers or Your own communication providers; or the failure of hardware or software.
11.4. Dispute Resolution: This Agreement, and all matters arising out of it, will be governed and interpreted pursuant to the laws of Florida, notwithstanding any principles of conflicts of law. If any dispute between Us may be brought in court, You specifically consent to exclusive personal jurisdiction and venue in Orange County, Florida's state and federal courts in connection with any dispute between Us arising out of this Agreement. You agree that this choice of venue and forum is mandatory and not permissive, and that the only location for any litigation permitted under this Agreement will be Orange County, Florida, and all parties hereto waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to jurisdiction or venue in Orange County, Florida.
11.4.1. Arbitration : Notwithstanding the foregoing, if a dispute between Us arises out of the terms of this Agreement, the parties shall first meet and negotiate in a good faith attempt to resolve the dispute. If the parties are unable to resolve the dispute via this informal meeting, then the parties shall then submit the issue to binding arbitration. Arbitral claims include, but are not limited to, contract and tort claims of all kinds, claims based under federal, state, or local law, intellectual property claims, actions for injunctions, and other equitable relief. The arbitration shall be conducted in Orange County, Florida.
11.4.2. The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; or vary or ignore the provisions of this Agreement. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
11.4.3. You understand that You are hereby waiving and giving up Your right to a trial by jury and any right You may have to participate as a representative or member of a class of claimants in any lawsuit involving Us or Your use of the Site or Services.
11.4.4. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at http://www.dca.ca.gov/about_dca/contactus.shsml .
11.5. If any part of this agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. All covenants, representations, warranties, and agreements made by You shall survive the termination of this Agreement.
11.6. The failure by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision, and no waiver of one breach will constitute a waiver of subsequent breaches of the same or of a different nature.
11.7. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. However, neither this Agreement nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by You, and any such attempt shall be void.
11.8. This Agreement constitutes the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between Us with respect to the Site and Services and Your use thereof.
We thank you for using KryzolSM, and we hope that your use of the Site and Services is rewarding.