Terms of Service
Welcome, and thank you for using our website, www.naritb.org (the “Site”). Below are the Site’s Terms of Use (“Terms”). We recommend that you carefully review these Terms before making use of the Site or any of its Services (as defined below). If you have any questions or concerns regarding these Terms, please contact us by calling the number listed at the top of the Site, or by emailing us at info@naritb.org
These Terms govern the relationship between the Tampa Bay Area Chapter of the National Association of the Remodeling Industry, also known as NARI Tampa Bay (collectively, “NARI TB”) and you, the Person (as defined below), accessing or otherwise making use of the Site and/or the Services. These Terms constitute a legally binding agreement between you and NARI TB. Accordingly, we again advise you to read these Terms carefully before accessing or otherwise making use of the Site or any Services. You and NARI TB may be referred to collectively in these Terms as the “Parties” or individually as a “Party.”
NOTICE OF BINDING ARBITRATION
ANY CLAIM, DISPUTE, OR CONTROVERSY OF ANY NATURE ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, AND/OR THE SERVICES, WHETHER SOUNDING IN LAW OR IN EQUITY, IN BREACH OF CONTRACT OR IN TORY, OR ANY OTHER CAUSE OF ACTION WHATSOEVER, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDING WITH THE DISPUTE RESOLUTION PROCEDURES DESCRIBED IN THESE TERMS. PLEASE READ THE SECTION ENTITLED “DISPUTE RESOLUTION” CONTAINED HEREIN CAREFULLY.
ACCEPTANCE OF THESE TERMS
Acceptance. Please read these Terms carefully before you start to use the Site or any Service. By using the Site or any Service or by selecting the “I have read and agree to the Terms of Service”, when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site or any Service.
Restrictions on Acceptance. When you access or otherwise make use of the Site or any Service you acknowledge and agree that: (a) if you are accepting these Terms on behalf of any legal entity, including any company, organization, government, or governmental agency, and that you have been authorized to do so and to act on behalf of such legal entity; (b) you have read and understand all of the provisions, terms and conditions set forth in these Terms; (c) you will be bound by all of the provisions, terms and conditions set forth in these Terms; (d) you are at least eighteen (18) years of age or, if under the age of eighteen (18) or the age of majority in your jurisdiction, are making use of the Site and any Services under the supervision and care of a parent or legal guardian; (f) you have a valid email address; and (g) these Terms are the legal equivalent of a signed, written contract between you and NARI TB.
IF YOU ARE UNABLE OR UNWILLING TO CONFIRM THE ABOVE STATEMENTS, THEN YOU MUST NOT ACCEPT THESE TERMS OR OTHERWISE ACCESS OR MAKE USE OF THE SITE OR ANY SERVICES.
DEFINITIONS AND INTERPRETATION
Definitions. Unless context requires otherwise, capitalized terms not defined within these Terms shall have the following meanings:
“Affiliate” means, with respect to a Party, any person, firm, corporation, partnership (including general partnerships, limited partnerships, and limited liability partnerships), limited liability company, or other entity that now or in the future, directly controls, is controlled with or by or is under common control with such Party.
“Applicable Law” means any and all applicable federal, state and local laws, statutes, ordinances, regulations, rules, opinions, interpretive letters and other official releases of or by any government, or any authority, department or agency thereof which are now in effect or which may come in to effect at any time during the Term (defined below).
“NARI TB”, “Nari Tampa Bay,” “we”, “our” or “us” means the Tampa Bay Area Chapter of the National Association of the Remodeling Industry, Inc.
“Account” means your user account which you registered for through the Site.
“Content” means any texts, pictures, graphics, logos, button items, images, works of authorship and other content (collectively with all information about the Site and Services).
“Person” means an individual, corporation, partnership, joint venture, limited liability company, organization or corporation, trust, association or other legal entity.
“Personal Information” means information that is unique to you and may include your name, your home or other physical address, your email address, your telephone number, and other information that identifies you.
“Service(s)” means any of the services or event tickets offered for sale through the Site, including, but not limited to, membership meetings, special events, and sponsorships.
“Site” means NARI TB’s website located at www.naritb.org.
“User”, “you,” or “your” means the Person accessing or otherwise making use of the Service.
“User Information” means the Personal Information that you provide to us in order to make use of your Account, the Site or any Services.
Interpretation. References to Sections are to be construed as references to the Sections of these Terms, unless otherwise indicated. The singular includes the plural, and the plural includes the singular. All references to “hereof,” “herein,” “hereunder” and other similar compounds of the word “here” shall mean and refer to these Terms as a whole rather than any particular part of the same. The terms “include” and “including” are not limiting.
MODIFICATION. NARI TB reserves the right to change, modify, supplement, or update these Terms (each such change, modification or supplement, an “Amendment”), from time to time without advance notice by posting such Amendment on the Site or providing notice of such Amendment through the Service. We encourage you to periodically visit these Terms to check for any Amendments. In the event that an Amendment to these Terms materially modifies your rights or obligations under these Terms, we will take commercially reasonable measures to notify you of such Amendment, which may include posting notices on the Site or sending notices to you at your email address. You acknowledge and agree that you will be bound by any such Amendment if you continue to access or use the Site or any Service after the date such Amendment is posted unless you have notified NARI TB of any objection to such Amendment prior to the conclusion of such thirty day period. Unless otherwise indicated, any new Service added to the Site will also be subject to these Terms effective upon the date of any such addition. You are encouraged to review the Site and these Terms periodically for updates and changes.
YOUR WARRANTIES TO NARI TB. In addition to the representations and warranties you make to NARI TB under Section 1.2, you represent and warrant to NARI TB that: (i) all information, including, without limitation, any Personal Information and User Information, that you provide to us in connection with your use of the Site, Account, or any Service is up-to-date, complete, accurate and truthful, (ii) you have the authority to share this information, including, without limitation, any Personal Information and User Information, with us and to grant us the right to use this information as provided in these Terms, (iii) you have the right to grant us the licenses specified herein, if applicable, and (iv) your acceptance and use of the Site and any Service pursuant to these Terms does not violate any Applicable Law or other contract or obligation to which you are a party or by which you are otherwise bound.
DISCLOSURE AND CONSENT TO ELECTRONIC COMMUNICATIONS
Consent to Electronic Communications. When you accept these Terms, you acknowledge that NARI TB may provide certain information, including information regarding your use of the Site, any Service, and the Account (“Communications”), to you electronically through email and/or SMS text messages, unless and until you withdraw your consent or “opt out” as described below. 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. You further agree that any Communications provided by us electronically are deemed to be given and received on the date we transmit any such Communication as described in these Terms. The categories of Communications that may be provided by electronic means include:
any Amendments to these Terms;
disclosures or notices provided in connection with any Service, including any such notice required by Applicable Law;
any statements concerning your Account;
any customer service communications, including communications with respect to claims of error or unauthorized use of your Account, the Site or any Service; and
any other communication related to the Site or any Service.
All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of these Terms and any Communication that is important to you and retain the copy for your records. If you do not wish to enter into these Terms electronically, you may not use your Account, the Site or any Service.
Timing of Communications. Any electronic Communications will be deemed to have been received by you no later than two (2) business days after NARI TB sends it to you by email, whether or not you have received the email. An electronic Communication by email is considered to be sent at the time that it is directed by NARI TB’s email server to your email address. You agree that these are reasonable procedures for sending and receiving electronic Communications.
Updated User Information. You agree to promptly update your User Information if such information changes so that NARI TB may contact you electronically. You understand and agree that if NARI TB sends you an electronic Communication, but you do not receive it because the email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive such electronic Communications, NARI TB will be deemed to have provided the Communication to you.
System Specifications. In order to access, view, and retain electronic Communications that NARI TB provides to you, you must have access to: (a) a computer with an Internet connection; (b) a current or previous major release version (up to the second most recent version) of either Firefox, Internet Explorer, Chrome, or Safari with cookies enabled and Adobe Acrobat Reader to open documents in “.pdf” format; (c) sufficient electronic storage capacity on your computer's hard drive or other data storage unit to save past Communications and/or an installed printer to print them; and (d) an email account with an Internet service provider and email software. Your access to this page through your device verifies that your device meets these requirements.
Reservation of Rights. NARI TB reserves the right, in its sole discretion, to discontinue the provision of electronic Communications to you, or to terminate or change the terms and conditions under which NARI TB provides electronic Communications. NARI TB will provide you with notice of any such termination or change as may be required by Applicable Law.
COPYRIGHT, TRADEMARK AND INTELLECTUAL PROPERTY.
Ownership Of Content And Service. You acknowledge and agree that, except as otherwise expressly stated, all text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about NARI TB, the Site or any Service, “Content”) appearing on your Account, the Site or any Service is the copyrighted work of NARI TB or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of NARI TB and is protected by U.S. and international copyright laws. You may download information from your Account, the Site, or any Service and print out a hard copy for your personal use provided that you keep such hard copies intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Site or Service, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of NARI TB or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by NARI TB . Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. NARI TB does not warrant or represent that your use of Content or the Service will not infringe rights of third parties.
OWNERSHIP OF INFORMATION SUBMITTED VIA THE SITE OR AS PART OF A REQUEST FOR ANY SERVICE
Submissions. Any communication or other material (including any text communication, health information, photograph, video, or other audio or visual work) submitted or posted to or through the Site (“Submission”) will be considered non-confidential. Unless otherwise expressly stated in writing by NARI TB , no compensation will be paid with respect to the use of any Submission. NARI TB shall have no obligation to preserve, return or otherwise make available to you or others any Submission.
License to NARI TB. NARI TB does not claim ownership of your Submission in its original form; however, by providing a Submission, you hereby grant to NARI TB and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the Submission in any and all media, whether now known or hereinafter created, throughout the world and for any purpose related to the business of NARI TB . By uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission. The rights granted to NARI TB include but are not limited to the right to aggregate, summarize, analyze, resize, crop, censor, compress, edit, feature, caption, and to otherwise alter or make use of your Submission.
No Privacy in Submissions. Subject to limits under applicable law with regard to identifiable information, you understand and intend that by providing your Submission to NARI TB , you hereby waive any privacy expectations that you may have with respect to any such Submission. You hereby agree, subject to Applicable Law, that NARI TB is the full owner of all right, title, and interest in any content or information extracted, derived, or otherwise created from such Submission, and you agree to hold NARI TB and its affiliates, subsidiaries, licensees, sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on any NARI TB site, or any other use authorized under these Terms, of your Submission.You further hereby agree that any Submission by you will be accurate and will not be intended to mislead, harm or cause damage to NARI TB , any User, any third party or any other party, and you agree to indemnify, defend and hold harmless NARI TB against any and all claims, liabilities and damages caused by any Submission from you or any Third Party
Further Authority to Use Submission. In addition to the foregoing, you expressly authorize NARI TB to utilize any Submission(s) to perform a requested Service.
FEEDBACK. Please be advised that if you send or submit to NARI TB creative ideas, suggestions, inventions, or materials (“Feedback”), NARI TB shall: (a) own, exclusively, all now known or later discovered rights to the Feedback; (b) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and (c) be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
LIMITED LICENSE AND SITE ACCESS; ALL RIGHTS RESERVED. Use of the Site and any Service is limited to persons 18 years of age or older or persons who, if under the age of 18 or the age of majority in their jurisdiction, make use of the Service under the supervision and care of a parent or legal guardian. Subject to your compliance with these Terms, NARI TB hereby grants you a limited license to access and make use of the Site and Services, but not to download (other than page caching or downloading of PDF forms, statements, etc. provided as part of any Service) or modify the Site, or any portion thereof, except with express written consent of NARI TB . The Site also contains the Content, and the license granted in this Section does not include any resale or commercial use of any Service or Content; any derivative use of any Service or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion thereof, including but not limited to downloadable forms, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of NARI TB . You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NARI TB without NARI TB’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of NARI TB’s name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) retain all right, title, and interest in the Site and any Content offered on the Site, including any and all intellectual property rights. Any software applications available on or through the Site are licensed, not sold, to you. NARI TB may assign these Terms or any part hereof, without restrictions. You may not assign these Terms or any part hereof, nor transfer or sub-license your rights under these Terms, to any third party. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by NARI TB .
PROHIBITED USE.
Prohibited Use of Site and/or Services. In connection with your use of the Site and any Service, you acknowledge that the following uses are strictly prohibited and you hereby agree you will not:
provide your User Information (including your Account log in credentials), Account information, or access to the Site to any third party unless such third party is a trusted third party service provider of NARI TB ;
upload or transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
create a false identity for the purpose of misleading others or impersonate any person or entity, including any NARI TB representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
upload or transmit files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
use the Site's features in a manner that adversely affects the availability of its resources to other users;
upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
violate any Applicable Law or international law;
upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
delete or revise any material posted by any other person or entity;
manipulate or otherwise display the Site by using framing, mirroring or similar navigational technology or directly link to any portion of the Site other than the main homepage in accordance with the limited license outlined above;
probe, scan, test the vulnerability of or breach the authentication measures of, the Site or any related networks or systems;
register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for the Site if you are not expressly authorized by such party to do so;
harvest or otherwise collect information about others, including e-mail addresses;
use any robot, spider, scraper, or other automated or manual means to access the Site, or copy any content or information on the Site; or
request the performance of any Service outside the time limits allowed under Applicable Law
Monitoring and Enforcement; Termination.
We have the right to:
Refuse to take action on any Submissions or request for Service for any or no reason in our sole discretion.
Take any action with respect to any Submission or request for Service that we deem necessary or appropriate in our sole discretion, including if we believe that such Submission or request for Service violates the Terms, including, without limitation, any Prohibited Use of the Service set forth herein, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for NARI TB .
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site or any Service.
Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS NARI TB AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
INDEMNIFICATION. You agree to release, indemnify, and hold harmless NARI TB and its Affiliates, and their respective officers, directors, employees and agents (“Indemnified Persons”), from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way related to: (a) your access to, use of, or inability to use the Site or any Service; (b) your breach of these Terms; (c) your violation of any rights of a third party; (d) your violation of any Applicable Law; or (e) your failure to provide and maintain true, accurate, current and complete User Information.
WARRANTIES AND DISCLAIMERS.
Limitation of Liability.
YOU UNDERSTAND AND AGREE THAT NARI TB , ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS, AGENTS, AFFILIATES, OR ANY RELATED COMPANIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SITE, ANY SERVICE OR THESE TERMS, EVEN IF NARI TB HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE YOUR ACCOUNT, THE SITE, OR ANY SERVICE OR CONTENT, THE COST OF OBTAINING SUBSTITUTE SERVICE RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICE OBTAINED FROM TRANSACTIONS ENTERED INTO THROUGH THE SITE OR SERVICE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE SITE AND SERVICE OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE OR ANY SERVICE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE NARI TB DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
No Warranties.
YOU EXPRESSLY AGREE YOUR USE OF ANY SERVICE IS AT YOUR SOLE RISK. THE SITE AND SERVICES, AND ANY APPLICABLE PORTION THEREOF, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NARI TB , AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF ANY SERVICE; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR ANY PRODUCTS OR SERVICES RECEIVED AS A RESULT OF A PURCHASE MADE THROUGH, ANY TRANSACTION IN CONNECTION WITH ANY PURCHASE MADE THROUGH AND/OR ANY PRODUCTS OR SERVICES ACCESSED THROUGH OR ADVERTISED ON THE SITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE; (6) WARRANTIES THAT YOUR USE OF THE SITE WILL BE SECURE OR UNINTERRUPTED; VIRUS-FREE OR ERROR-FREE AND (7) WARRANTIES THAT ERRORS IN THE SITE WILL BE CORRECTED.
NARI TB does not warrant or make any representations regarding availability, accuracy, reliability, completeness, or timeliness of the materials, text, graphics, and/or links associated with the Site. If your use of the Site or the materials, any Service, text, graphics, and/or links associated with the Site results in the need for servicing or replacing equipment or data, NARI TB is not responsible for those costs.
TERM. These Terms shall commence on the date you first access the Site or use the Service and remain in effect until either Party terminates these Terms (the “Term”).
DISPUTE RESOLUTION
Arbitration Process. Arbitration shall be conducted by and submitted to a single arbitrator (“Arbitrator”) selected from and administered by the Tampa, Florida office of JAMS (“JAMS”), in accordance with its then-existing Comprehensive Arbitration Rules & Procedures. The arbitration shall be conducted by a licensed attorney or retired judge who is admitted in both federal and state courts, with experience in construction law. The Arbitrator shall be authorized to award compensatory damages, but shall NOT be authorized to award non-economic damages such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Arbitrator and JAMS; however, the Arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the Arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the Arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Each party shall fully perform and satisfy the arbitration award within fifteen (15) days of the service of the award. Judgment on the award may be entered by any court of competent jurisdiction. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right to bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.
RELATIONSHIP OF THE PARTIES. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access or use of the Site or any Service. Our performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Site or any Service or information provided to or gathered by us with respect to such use.
GENERAL TERMS.
Waiver. The waiver by NARI TB of a breach of any provision contained herein shall be in writing and shall in no way be construed as a waiver of any subsequent breach of such provision or the waiver of the provision itself.
Governing Law; Consent to Jurisdiction; Waiver of Jury Trial. These Terms will be deemed entered into in the State of Florida and will be governed by and interpreted in accordance with the laws of the State of Florida, without regard to conflicts of law. The Parties agree that any dispute arising under these Terms will be resolved exclusively in the state or federal courts in Florida and the Parties hereby expressly consent to jurisdiction therein, waiving any defenses of jurisdiction or forum non conveniens. The parties irrevocably waive any and all rights to a trial by jury.
Third Party Beneficiaries. Except as limited herein, these Terms and the rights and obligations hereunder shall bind, and inure to the benefit of the Parties and their successors and permitted assigns. Nothing in these Terms, expressed or implied, is intended to confer upon any person, other than the Parties and their successors and permitted assigns, any of the rights hereunder.
Entire Agreement. These Terms, as may be amended from time to time, and each of its exhibits or appendices, constitute and contain the entire agreement between the Parties with respect to the subject matter hereof and supersede any prior or contemporaneous oral or written agreements. Each Party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.
Survival. All provisions of these Terms that by their nature extend beyond the expiration or termination of these Terms.
Severability. If any provision of these Terms (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of these Terms shall not be affected thereby and shall be binding upon the Parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in these Terms.
Assignment. You may not transfer or assign these Terms nor any of your rights hereunder to any third party and any attempt to so transfer or assign will be rendered null and void. Notwithstanding the foregoing, NARI TB may assign these Terms or any rights hereunder without consent: (a) to an entity that acquires all or substantially all of its stock, assets or business; or (b) to an Affiliate. Except as provided in this section, any attempts by either Party to assign any of its rights or delegate any of its duties hereunder without the prior written consent of the other Party shall be null and void.
No Refunds. Under no circumstances shall NARI TB be required to provide a refund of any or all sums paid in exchange for the performance of a Service if the Service is not able to be performed due to a lack of proper information from you, erroneous information provided by you, or you elect to cancel the order for any reason.