Terms and Policies
Welcome to HUBNOODLE . . .
We offer a hosted website solution dedicated to helping network marketers build more efficient and streamlined business organizations by providing a central “hub” where a team can access the vital information, training and resources they need to build their individual businesses on their schedule 24/7. Our website, located at www.hubnoodle.com, (hereafter, our site or website), was designed to be the place for your whole network marketing team to be able learn to duplicate your successes and avoid unnecessary pitfalls so your organization grows faster. When set-up and used properly it will help you to manage your team more efficiently, effectively and ultimately, more profitably. And . . . perhaps most importantly, it will help you get your time back, without your team suffering because of it.
We, here at Hubnoodle, LLC hope you’ll like what you find on our website and get a lot of good use from our solutions. In order to help facilitate that, we’ve created this legal area so we can share all of our site’s policies and rules in one place. We want you to know more about what to expect from us, and what we expect from you so there are no unpleasant surprises.
When you visit our site, order from us, or use the services offered there, you, your use of our site and resources and your team’s use of the site are subject to these policies. If you disagree with any part of these policies, please do not use the website.
IMPORTANT: PLEASE READ.
Remember BY USING OUR SITE, YOU ARE AGREEING TO FOLLOW THESE POLICIES.
Please read these policies carefully, because if you use our site, both we, (and a court of law, if that’s ever necessary), will assume you’ve read them and agreed to them.
PERODIC UPDATES REQUIRED.
You should be aware that sometimes our policies need to be changed or updated. The decision to make any change will be made in our sole discretion, based on what we believe is needed in order to ensure that the site continues to serve its intended purpose effectively. If we need to change our policies, or any part of our policies for any reason, we’ll let you know by posting it on our site – on this page, so it’s important that you check back periodically just to be sure. We will post minor changes at least 7-days prior to the effective date. We will post major changes at least 20-days prior to the effective date. If you have granted us permission to communicate with you by email, we may also send you a notification that our policies have changed or will change, however, we are not obligated to do so.
Accordingly, please be clear, whether or not we have notified you of changes to our policies, if you use our site after we have made such changes, you will be held responsible for following the new policies. This will be true even if you didn’t know the policies were changed, or knew but did not have a chance to review them before they took effect. Your only remedy, if you don’t like these policies, or any changes we make to the policies, is to stop using the site.
SITE OUTAGES.
It is our intent to make this site available to you and your team 24/7. Therefore, we make every effort to keep our website up and running smoothly. However, we do not take any responsibility for, and will not be held liable for, the website being temporarily unavailable due to technical issues beyond our control. In addition, it is STRONGLY RECOMMENDED that you make regular backups of your content. We are not responsible for, and will not be held liable for any content you upload to your team’s portal site under any circumstances.
PRIVACY POLICY.
Hubnoodle wants you to know we respect your privacy and make every effort to keep your data secure. We also want you to understand how we collect, use, and maintain your information. This Privacy section explains our online information practices, the choices you may make about how we collect and use your information on the website, and the ways you may contact us. We control this site from our offices in the United States. If you are accessing our site from other places, than it is your responsibility to comply with the local laws in your area if any laws exist that must be complied with in order to use our site.
We may also change this Privacy section from time to time. Changes to this Privacy section are effective upon posting. Please check back periodically for updates. However, if at any point we decide to use Personal Information in a manner that is very different from how we were using it when you gave it to us, we will post the planned changes on our site. Users will have a choice about whether or not we use their information in this new manner. The amount, type and use of information we collect, depends on how you use the site.
Definitions
“Personal Information” includes, your name, address information, personal e-mail address and URL, telephone number, account user name and password, as well as other similar information. We do not currently collect credit/debit card numbers or associated billing addresses and expiration dates, bank account numbers, or other related information.
“Prospect Information” includes the same information as Personal Information except that Prospect Information is information that is submitted by an individual who is not the subject of the data submitted.
“Non-Identifying Personal Information” includes information about you, including, without limitation, your Internet service provider (ISP), browser type, domain name, the Website that referred you to us, the web pages you request, the date and time of those requests, and entry and exit points.
“Aggregated Information” is any information about more than one individual where the individual identities are unknown and cannot be inferred from the information. Aggregated Information is not Personal Information.”
“Business Contact Information” includes the name, title, business address, or telephone number of an employee in an organization. It also includes departmental e-mail addresses that contain no individually identifiable information. Business Contact Information is not Personal Information.
The terms “we”, “us”, and “our,” shall refer to Hubnoodle, LLC; “you”, “your”, “visitor” and “their,” shall refer to people who come to our website.
The term “subscriber” shall refer to people who provide us with their Personal Information for reasons other than making a purchase on our site. The term “user” shall refer to a person who has purchased a “hub” site.
Cookies
It is important to understand, that this site may use cookies to monitor browsing preferences. You may choose whether or not you will allow cookies to be used on your computer by adjusting the settings in your browser. This information is collected in aggregate form, without identifying you or any user individually. We may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes.
We may also use Google’s Universal Analytics to track information about users, including age and gender demographic, time visited, IP address and for Google’s team to help improve our website. Any information collected will not be distributed to the public. Hubnoodle, will not sell your information or use your information to spam you. The information collected is simply for giving us an understanding of how our audience uses our site and to track the traffic and development of the site.
Any e-mails sent to Hubnoodle will be kept private, and, if on a rare occasion, we choose to quote an e-mail, we will keep the anonymity of the sender, unless we are given permission to use the sender’s name.
Different Privacy Policies for Outside Websites
Our site may from time to time contain links to other websites, such as links to other resources, products or services that our users might find useful in building their business. These websites may request information from you. You should be clear that how they collect and use your personal information may be very different from how we use it. We do not control the content, links or policies of these websites. So we strongly encourage you to read their privacy policy or other legal pages before you give them your information.
Affiliate Earnings Disclosures
Some links that appear on our website or in emails that we may send you from time to time may be affiliate links. This means that if you click the link and make a purchase we will receive a commission. This commission does not affect the price you pay for any item. Rest assured, we will never abuse your trust in us by recommending products or services we don’t like or use ourselves and genuinely believe will benefit our customers in their businesses.
How and Why We Collect Information
We collect your information primarily for order fulfillment and administration, product/service surveys, administrative and analytical purposes like accounting, billing and audits, information system management, or other similar uses. We may also use Personal Information or Prospect Information to provide current and potential customers and suppliers with additional information about our services,
improve our website and provide you with more of the types of services, tools and resources you find most useful. If you join our mailing list we also use your information to keep you informed about new resources and information posted on our site, or to let you know about products or services that you might find useful in building your network marketing enterprise.
Currently, only the staff at Hubnoodle, LLC will send you these direct mailings. However, we may use third-party software to actually create the mailings. If you do not want to receive such mailings, simply tell us when you give us your personal information. You can also easily opt-out or update your information at any time by clicking the “manage your subscription” link at the bottom of any email we send you, or notifying us through the “Contact Form” located on our website.
We only collect, use, and disclose Personal Information or Prospect Information for purposes that are reasonable in the circumstances. And we will not sell or rent your Personal Information or Prospect Information to anyone. We reserve the right to use or disclose Aggregated Information and Business Contact Information in ways that we think are appropriate.
We will only collect your personal information if you give it to us. But, please, do not give it to us, if you don’t consent to how we will use it. If you prefer not to give us your Personal Information, only non-identifying personal information will be collected. However, you will not be able to purchase our product/service or use any service, or portion of our site that requires the use of your Personal Information. Of course, you will still be able to access your team’s Hubnoodle portal, without giving us your Personal Information, provided that someone from your up-line has provided you with a username and password.
You should also be aware that there are limited situations in which applicable laws require or allow us to collect, use, or disclose Personal Information without your consent or after you withdraw your consent. We describe these situations below under “Exceptions to Our Privacy Policy”.
Exceptions to Our Privacy Policy
While we are committed to keeping your information secure and private, there are exceptions to our privacy policy. These exceptions are pretty simple.
1. If a court or other valid legal authority orders us to give them information about you, we will. But we will only give them the minimum amount needed to comply with the order.
2. If you try to hack our website, threaten us, our property or the person or property of others we will release your information to the appropriate authorities to protect our interests and/or prevent serious harm to others.
3. If we sell our site we will release your information to the new owner, however, they will be subject to the same privacy policy that is in affect at the time of the sale. And . . .
4. We may, where necessary, share your information with suppliers and/or agents of our website. These agents may include mailing and delivery companies, marketing service providers, database managers, customer service representatives, and other agents who perform functions for or on our behalf. These agents may perform functions such as analyzing data, supplying marketing assistance, providing search results and links (including paid listings and links), fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, processing credit card payments, and providing customer service.
Where we disclose Personal Information or Prospect Information to persons or organizations that perform services on our behalf, we will require those persons and organizations to sign confidentiality agreements and use such information solely for the purposes of providing services to us and to protect the Personal Information or Prospect Information with appropriate safeguards.
Retention, Access and Security
We take reasonable steps to keep your Personal Information or Prospect Information accurate, complete, current, secure and relevant to its intended use. We only keep your information for as long as we need it for the reasons it was collected. When we no longer need the information for its intended purposes, we have procedures to destroy, delete, and erase it, or to convert it to an anonymous form. We do not collect or keep credit/debit card and/or related information on file online or offline.
Any purchases made on a third-party website are handled by the site you purchase from. Purchases made directly from us are processed securely and exclusively on our site through the use of Stripe. The storage and use of your credit card and personal information when making a purchase on our site is governed by the privacy policies and terms of use at www.stripe.com/us/privacy. Stripe accepts all credit cards and PayPal. PayPal has its own Privacy Policy which will govern how they use and store your information. You can access their policy by going to www.PayPal.com/privacy. However, both of these sites may share some of your Personal Information or Prospect Information with us when needed for fulfillment purposes or to resolve customer comments or complaints.
At your request, we will provide you with reasonable access to your Personal Information, so that you can review what we have stored and, if you choose, request corrections to it. You may request access by sending us a written request via the “Contact Form” on our website. After you request access, we will provide the Personal Information that you request as soon as practically possible and generally no later than thirty days following the request. If you wish to correct your Personal Information, please send us a written explanation of the particular information that you believe should be corrected. Where information will not or cannot be disclosed, we will tell you the reasons for non-disclosure.
Electronic Communications
When you use our Website, purchase our products or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically as well. We will communicate with you by e-mail and/or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Children
The Site does not sell or promote products for purchase by children. We do not knowingly collect, maintain, or use Personal Information or Prospect Information from children under age 18. If you are under age 18, do not share personal information with us.
TERMS OF SERVICE
Specifically, BY USING THIS WEBSITE, YOU ARE ALSO AGREEING TO ABIDE AND BE BOUND BY THE TERMS OF SERVICE BELOW. Please read them carefully.
These terms, together with our Privacy Policy and the General Policies explained above, govern your use of our site and our relationship with you. By using our site, you are expressly indicating your agreement to our terms of use as explained in this document. As stated above, we also reserve the right to modify these terms at any time. If you use the site, after changes have been made to these terms, you will be agreeing to those changes. This agreement, like all of our policies, will be binding, including any changes to the terms, whether or not you have been notified about the changes or have had a chance to review them. Your sole remedy in the event you decide that you no longer want to be bound by our terms of use, or choose not to accept these terms, will be to discontinue use of our site.
If you have any questions about these Terms of Use you may contact us through the contact page on our website and we will be glad to assist you.
Privacy Policy Summary
As stated in the Privacy Policy portion of this document we respect your privacy and make every effort to keep your data secure. We may use cookies to monitor browsing preferences. You may choose whether or not you will allow cookies to be used on your computer by adjusting the settings in your browser. For the more details, please review our Privacy Policy above, which also governs your use of our Website and/or Mobile applications, if any. It will provide full details of our security measures and what data we may collect and how it may be used.
Copyright and Trademarks
All content included in or made available through our website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and the domain name “Hubnoodle.com” and such other names as we might introduce from time to time, is the property of Hubnoodle, LLC and/or Its content suppliers, if any, and protected by the United States Copyright Act 1976 (as amended), and international copyright laws.
Hubnoodle, LLC reserves all rights. No part of this site may be reproduced or transmitted in any form whatsoever, electronic, or mechanical, including photocopying, recording, or by any informational storage or retrieval system without actual written, dated and signed permission from us, including the compilation of all content included in or made available through any portion of our site, which is the exclusive property of Hubnoodle, LLC and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names that are included in or made available on any portion of the site are the exclusive trademark or trade dress of Hubnoodle, LLC in the U.S., Canada and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by us, or in any manner that is likely to cause confusion among our subscribers, followers or customers, or in any manner that disparages or discredits us or our site. Any trademarks not owned by us that appear on our site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us, and are used with the owner’s permission. Any trademarks reproduced on our site, which are not the property of, or licensed to us, are acknowledged on the website.
Unless we tell you that you are not allowed, you may use the information and materials within the site for your personal use. But, unless we give you written permission, you may not under any circumstances, change, modify, delete, display, transmit, adapt, exploit, or copy for distribution or sale any information, material, trademark, or copyright on the site for any reason. If you have obtained permission from us to use our site content for some reason beyond your personal use, then you can ONLY use it for the specific use and time period we granted the written authorization for. By using our Site, you agree to follow all of our copyright and/or trademark notices or other posted restrictions.
Explicit Language & Mature Content
While we ourselves are family oriented, we do have two young children after all, we reserve the right for ourselves, and for our customers in particular, to engage in free speech in their team portal. This may include mature topics, strong or explicit language and/or views that may be deemed politically incorrect, but not language that is vulgar, racist or sexist, or that attacks any person, religion or ethnic group. Users who are easily offended or uncomfortable with such topics or language should speak to their up-line representative and/or use their own discretion about how and when they use their team’s portal site.
Reviews, Comments, Communications, and Other Content
Each user may post reviews and comments, as well as communicate and submit suggestions, ideas, comments, questions, or other information, to us.
If you choose to post content or submit material, directly to us, (not material uploaded to your hub site), and unless we indicate otherwise, you grant Hubnoodle, LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant us and our sub-licensees, if any, the right to use the name that you submit in connection with such content, if we or they choose.
When you submit content to us, by posting content of any kind, you represent and warrant that you own or otherwise control all of the rights to the content that you post; or that you have permission from the owner or controller of such content rights; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and you expressly agree and certify that you will indemnify Hubnoodle, LLC for all claims resulting from any content you post. We take no responsibility and assume no liability for any content posted by you, or any third party.
Purchases
Unless otherwise stated on the product order page; all items purchased directly from our website, at www.hubnoodle.com will be processed on secure servers by Stripe as stated above; and subject to the privacy policy and terms and conditions which you may review at www.stripe.com/us/privacy.
Upon receipt of your payment we will deliver your hub website using the domain name you reserved immediately in most cases, but no later than 24 hours from the successful completion of your order.
Use of Your Hubnoodle Site
Once you have received your hubnoodle site (Hub) at http://www.hubnoodle.com/yourchoosenname, you will be able to access training videos and other material to get your site setup and ready for your team to use. Our hosted website solution will store your user supplied content (information, documents, imbedded videos, etc.).
Each user may post reviews, comments, video, audio, images, text files and other content and materials to their “Hub” as they see fit. However, users, may not upload or otherwise post content which is illegal, obscene, vulgar, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or which consist of or contains software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” In addition, neither you, nor your team members may use a false e-mail address, impersonate any person or entity, or otherwise mislead others as to the origin of the content. Hubnoodle, LLC reserves the right, (but not the obligation), to remove or edit such content.
By uploading or otherwise posting content of any kind, you represent and warrant that you own or otherwise control all of the rights to the content that you post; or that you have permission from the owner or controller of such content rights; that the content is accurate; that use of the content you supply does not violate this policy and that it will not cause injury to any person or entity.
We have the right, but not the obligation, to monitor and, in our sole discretion, to edit or remove any activity or content. However, we take no responsibility and assume no liability for any content posted by you, your team members or any third party. Accordingly, you expressly agree and certify that you will indemnify Hubnoodle, LLC for all claims resulting from any content you post, or that you allow your team members to post.
You, the user are responsible for managing all of your team members and the administrative functions of your Hub site. We will provide some awesome training videos and a dedicated site to access the training, but ultimately you are responsible for the management and operation of both your Hub and your team member’s access to it. This expressly includes the responsibility to back up your site on a regular basis.
We are not liable for the content you, the user, or your team members upload. This includes, any changes or problems that may occur to uploaded/posted content due to software updates or changes we may make to our site.
Returns and Refunds
Users may receive a full refund within the first 7 days of purchasing a Hubnoodle site. No refund or proration of the monthly or annual fee will be available after the 7-day period.
Should you wish to cancel after the initial 7-day period, you may choose not to renew your monthly or annual subscription, (depending upon the subscription you’ve chosen), at the end of such period and you will not be charged any additional fees. Users will have full access to their site for the applicable period and then their subscription will end automatically.
This policy does not apply to products you may have learned about on our website but purchased outside of our site. In those instances, you will need to visit the website you brought the product from regarding their refund policy.
Product Description
We have made every effort to be as accurate as possible in describing our product, and the solution it is intended to provide. However, we do not warrant that the product description or other content, such as comments and/or reviews of our product/service is accurate, complete, reliable, current, or error-free. If you feel for any reason that our product/service is not as described, your sole remedy is to request a refund within the 7-day refund period.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE PRODUCTS, TOOLS, INFORMATION, RESOURCES, TRAINING VIDEOS, RECOMMENDED SERVICES, CLAIMS, AND MATERIALS ON OUR SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED EFFECTIVENESS OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE.
HUBNOODLE, LLC DOES NOT GUARANTEE THAT THE SITE’S FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO WE MAKE ANY GUARANTEE REGARDING THE INFORMATION, MATERIALS OR OTHER CONTENT OFFERED ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE OR THE RESULTS FROM THEIR USE. IN ADDITION, NEITHER WE NOR OUR LICENSORS AND SUPPLIERS, IF ANY, GUARANTEE OR MAKE ANY PROMISES ABOUT WEBSITE UPTIME AND WEBSITE SPEED. IN ADDITION, ALTHOUGH BOTH WWW.HUBNOODLE.COM AND YOUR HUB OR PASSWORD PROTECTED WEBSITES, AND WE MAKE EVERY EFFORT TO ENSURE THE SECURITY OF THESE SITES, WE DO NOT GUARANTEE AND CANNOT BE HELD LIABLE IF THE SITE IS HACKED. FURTHERMORE, YOU, AND NOT HUBNOODLE, LLC ARE RESPONSIBLE FOR ANY COST OF SERVICING OR REPAIRING YOUR COMPUTER SYSTEM IF IT IS HARMED IN ANY WAY.
APPLICABLE LAW MAY NOT ALLOW US TO EXCLUDE IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WHILE WE MAY PERIODICALLY RECOMMEND CERTAIN PRODUCTS AND SERVICES WE THINK MIGHT BE HELPFUL TO YOU, HOWEVER, WE DO NOT GUARANTEE ANY PRODUCTS OR SERVICES OFFERED ON THE SITES WE LINK TO. WE ARE NOT A PARTY TO, AND DO NOT CONTROL OR MONITOR, ANY TRANSACTION BETWEEN YOU AND THE SITES WE RECOMMEND. IN ADDITION, WE HAVE NO OBLIGATION TO CONTROL AND/OR MONITOR THE HUBNOODLE SITES OF OUR USERS.
THIS MEANS WE WILL NOT ACCEPT RESPONSIBILITY OR LIABILITY EITHER DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE THAT IS CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH YOUR USE OF ANY ADVICE, GOODS OR SERVICES YOU RECEIVE FROM A USER’S HUBNOODLE SITE, GUEST BLOGGER, REVIEWER OR SPEAKER ON OUR SITE, OR ANY PRODUCT OR SERVICE YOU PURCHASED FROM ANOTHER SITE, THROUGH A LINK ON OUR SITE.
IN ADDITION, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY LICENSOR OR SUPPLIER WE MAY WORK WITH, BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS OR INFORMATION ON THE SITE, ANY HUBNOODLE SITE, OR ANY PRODUCTS OR SERVICES PROVIDED ON, OR THROUGH THE SITE, OR FOR ANY ACTION YOU MAY HAVE TAKEN BASED ON INFORMATION OFFERED ON THE SITE, OR HUBNOODLE SITE, EVEN IF YOU ADVISED US OF THE POSSIBILITY OF THE DAMAGES.
IN SOME CASES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA). IN THOSE INSTANCES THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US, OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) BE MORE THAN THE AMOUNT YOU PAID TO US, IF ANY, FOR USING THE SITE.
No Professional Advice
The information made available through www.hubnoodle.com in any form, including, but not limited to information provided through posts, emails, recommended products or services or other resources cannot, and are not intended to replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. As stipulated by law, we cannot and do not make any guarantees about your ability to get any specific results, or earn any specific amount of money, or any money at all, from the use of our ideas, tools, website, information, resources or recommendations. Any results stated on our site, in the form of testimonials, case studies or otherwise are illustrative of concepts only and should not be considered average results, or promises for actual or future performance.
DISPUTE RESOLUTION
If you have questions or concerns about the use or disclosure of your Personal Information, or other issues please don’t hesitate to contact us using the Contact Form provided on our site. Your concern will be investigated right away and we will work to resolve your complaint and/or dispute in accordance with the principles contained in our Policies, including the Privacy policy, Terms of Service and Disclaimers provided on our legal pages.
It is our sincere hope that any dispute, can be resolved amicably between us. However, in the event a dispute cannot be resolved. You agree, that the dispute will be taken into binding arbitration, rather than to court; and that The United States Federal Arbitration Act of 1925, as amended, without regard to principles of conflict of laws, will apply and govern any dispute.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms set out in these legal pages as a court would.
Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association’s policies and procedures. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous, nor will we agree to attorney’s costs and fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person where our offices are located.
You and the publisher each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Site Policies, Modification and Severability
These policies, including our Privacy section, will be governed by and interpreted under the laws of Indianapolis, Indiana without regard to any principles of conflicts of law; and shall govern your use of the site. The policies may only be modified by our posting of changes to these policies on our site. However, if any of these policies are deemed invalid, void, or unenforceable for any reason, that rule will be deemed severable and all the rest of the policies will still apply and be fully enforceable.
Service of Process
If you have a subpoena or other legal process to serve on us, such as for the purposes of commencing an Arbitration Proceeding, you MUST contact us during normal business hours, using the Contact Form on our website to receive further instructions. Please note, we will not accept service via email sent outside of normal business hours. All subpoenas and other legal documents must be properly served on us. We will not accept or respond to improperly served documents.
Also, it will make everyone’s life a lot easier and help us respond to your complaint or inquiry much faster if you provide all the relevant information in a detailed and accurate manner at the beginning. That information would include, for example, your e-mail and/or the credit card number you used to make your purchase.
You may also follow the procedure outlined above if you believe that your intellectual property rights have been violated by a user of our website. We will send you a questionnaire to complete so that we can follow-up and investigate your claim.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
You acknowledge that you have read and understood these policies and our use of your information as described in the section on privacy. This is an agreement you are making with us in exchange for the ability to use our site.
AND BY USING OR SUBSCRIBING TO THIS WEBSITE, USING OUR SITE FEATURES, AND/OR PURCHASING OUR PRODUCT, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE POLICIES, INCLUDING THE SECTION ON PRIVACY, DISPUTE RESOLUTION AND EACH OF THE DISCLAIMERS.
WE MAY ADD TO OR OTHERWISE MODIFY THESE POLICIES FROM TIME TO TIME. AND YOUR CONTINUED USE OF OUR SITE WILL INDICATE YOUR CONTINUED ACCEPTANCE OF THE POLICIES AND ANY CHANGES WE HAVE MADE TO THEM.