This Agreement (“Agreement”), is by and between 1800HomeHotline.com, LLC, or 1800HomeHotline (“1800HH”) and/or its subsidiaries and agents and You, your heirs, agents, successors and assigns (“You”). This agreement is made effective as of the date of electronic execution, and sets the terms and conditions of your use of 1800HomeHotline.com, its products, its website, and its webinars, services, and other intellectual property and trade secrets. It explains 1800HH’s obligations to you and your obligations to 1800HH, in relation to the use of 1800HH products and services.
These 1800HH Terms and Conditions apply to the website and all other online properties (the “Site”) operated 1800HH. The use of the Site, including the purchase of any Products (as defined below) is subject to the following terms and conditions (the “Terms”). Please read these Terms carefully. By using this Site, you agree to these Terms as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to these Terms, then you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible through the Site. If you have any questions about the Terms, please contact us at [email protected]
These Terms provide that all disputes between you and 1800HH relating to these Terms or your use of the Site or Products will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section “Dispute Resolution” for the details regarding your agreement to arbitrate any disputes with 1800HH.
2. TERM OF AGREEMENT; MODIFICATIONS.
You agree that 1800HH may modify this Agreement and the Services from time to time. You agree to be bound by any changes 1800HH may reasonably make to this Agreement when such changes are made. If you have purchased Products or services, the term of this Agreement shall continue in full force and effect for the term of the agreement as stated on the 1800HH website (where you completed your enrollment), whether or not you take advantage of and use the products, services and software. In the event you terminate your usage, 1800HH shall not be bound by any representations made by third parties who you may use to purchase services from, and that any statement of a general nature, which may be posted on 1800HH website or contained in 1800HH promotional materials, will not bind 1800HH in any way. 1800HH may, at times, offer certain promotions with different charges and features. You agree that you will be responsible for notifying 1800HH should you desire to terminate your use of 1800HH services. Participant must give their notification to cancel in writing. All requests must include the username of the account, the last 4 digits of the credit card being billed and the requested cancellation date. If no date of cancellation is provided then cancellation will be assumed to be as soon as possible. Cancellation requests cannot be processed without all required cancellation information. Requests for cancellation will not be pro-rated. Email requests should be sent to [email protected] or via postal mail to 1800HomeHotline.com 2620 S. Maryland Pkwy Suite 1004, Las Vegas, NV 89109. Allow 30 days for cancellation requests sent via postal mail and 5 business days for email cancellations.
All 1800HH contracts are legal and binding. If you are unsure of your billing date, contact our customer service for clarification. Any failure of participant to participate in any portion of the programs and / or activities or services does NOT entitle the participant to an extension of the program, nor does it entitle the participant to any refunds of any program fees paid. Program contents and materials are subject to change without notice. 1800HH at its sole discretion, may change, add, and /or edit the materials. A change to any of the above does not entitle the participant to a refund of any sort. No refunds for any reason at any time.
3. ACCURATE INFORMATION.
5. ACCOUNT SECURITY.
1800HH maintains all customer information with the utmost confidentiality and in strict compliance with PCI-DSS industry security standards. You agree you are entirely responsible for maintaining the confidentiality of your customer number / login, password, credit card number, and security codes. Collectively, the ‘Account Access Information’. You agree you are entirely responsible for any and all activities that occur under your account. You agree to notify 1800HH immediately of any unauthorized use of your account or any other breach of security. You agree 1800HH will not be liable for any loss that you may incur as a result of someone else using your Account Access Information, either with or without your knowledge.
You further agree you could be held liable for losses incurred by 1800HH or another party due to someone else using your Account Access Information. For security purposes, you should keep Account Access Info in a secure location and take precautions to prevent others from gaining access to your Access Info. You agree that you will be responsible for all activity in your account, whether initiated by you, or by others on your behalf or by any other means. 1800HH specifically disclaims liability for any activity in your account, whether authorized by you or not.
6. ELECTRONIC COMMUNICATION.
When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
7. SUBSCRIPTION TERM.
Your enrollment in the program is renewed monthly until you decide to cancel. You may cancel your enrollment at any time, effective at the end of the current monthly billing period.
No services at 1800HH are a one-time service. All services provided have recurring monthly billing unless a cancellation has been processed. This is explicitly noted prior to enrollment confirmation.
8. ACCOUNT CANCELLATION.
Participant must give their notification to cancel in writing. Send your request via email to [email protected]
Canceling your enrollment does not entitle you to a refund on past services (used or unused), nor will it prorate the payment amount in the final month of the subscription. You understand that you are responsible for the full payment of your service for the duration of the active 1800HH service, along with any/all other applicable terms contained in the signed financing agreement (if you have signed one).
9. FEES AND PAYMENT.
As consideration for the Products and Services purchased by you and provided to you by 1800HH or its affiliates, you agree to pay 1800HH at the time of your order, as well as on a monthly recurring basis until you cancel your account. All fees are due immediately and are non-refundable. If you have questions about billing, it is your responsibility to email or call the offices of 1800HH to clarify any billing questions.
If for any reason 1800HH is unable to charge your payment method for the full amount owed 1800HH for the Products or Services provided, or if 1800HH is charged a penalty for any fee it previously charged to your payment method, you agree that 1800HH may pursue all available remedies in order to obtain payment. If you pay by credit card and if for any reason 1800HH is unable to charge your credit card with the full amount of the services provided, or if 1800HH is charged back for any fee it previously charged to the credit card you provided, you agree that 1800HH may pursue all available remedies in order to obtain payment. You may change your payment method at any time by contacting 1800HH customer service by email or by logging into your account and updating your billing information there.
You agree not to cancel this transaction with your bank or Credit Card Company, and that doing so may initiate collections and submit a negative report to Consumer Credit Reporting agencies. You understand that once your user name and password have been issued to you in any way 1800HH deems appropriate (email, over the phone through customer service, or voicemail etc) you are responsible to log-in to access the services that you have paid for. Not logging in does not constitute a refund. It is your responsibility to open your welcome email and to log on with your username and passcode.
You agree and acknowledge that 1800HH makes no representations or warranties, express or implied, with respect to the services or goods provided hereunder and the implied warranties of merchantability and fitness for a particular purpose shall be specifically excluded with respect to the services and goods.
Payments. The Site currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen.
United States Dollars. All monetary transactions on the Site take place in U.S. dollars.
10. PROGRAM & ACCOUNT TERMINATION.
You agree and acknowledge that this service may be canceled by 1800HH at any time, for any reason not prohibited by law, without notice, during the initial term or any month-to-month period. In the event that 1800HH cancel this contract, you will be liable for payment through the effective date of cancellation plus any other fees you may owe (including late payment charges, collection costs or interest).
In the event of termination for non-payment, you understand that you are still responsible for payment of the full fees of services provided. Non-payment is defined as payment which is not received within ten (10) days of the date upon which it is due; or upon two or more late payments.
You agree and acknowledge that the termination of any continuing payment obligation after the effective date of cancellation, which would otherwise be due, is your sole remedy in the event of cancellation by the 1800HH. No refunds, charge-backs or credits of any kind. Canceling the credit card 1800HH has on file does not eliminate liability for the services being provided by 1800HH.
11. NO UNLAWFUL CONDUCT OR IMPROPER USE.
As a condition of your use of 1800HH products and services, you agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and you agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree you will not be entitled to a refund of any fees paid to 1800HH if for any reason, 1800HH takes corrective action with respect to your improper or illegal use of 1800HH’s products and services.
1800HH reserves the right at all times to disclose any information as 1800HH deems 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, with 1800HH sole discretion.
12. INTELLECTUAL PROPERTY.
You agree that 1800HH holds all rights, title and interest in all Products and Intellectual Property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to you and you agree to make no claim of interest in any such Product. You understand and agree that all content and material contained in the Agreement, other policies, the 1800HH Website, Documentation and any affiliated websites are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as, any other applicable proprietary rights and laws, and that 1800HH and its affiliated businesses reserves its rights in and to all such content and materials. You further understand and agree that you are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of 1800HH or its affiliated businesses. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to you or conferred upon you by this Agreement or otherwise.
13. DIGITAL MILLENIUM COPYRIGHT ACT.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send 1800HH a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow 1800HH to locate the material on the Site;
Your name, address, telephone number, and e-mail address (if available);
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send 1800HH a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to 230 Park Avenue South, 13th Floor, New York, NY 10003 or [email protected]. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
14. REPRODUCTION & DISTRIBUTION OF CONTENT.
You agree and acknowledge that products produced by 1800HH, including online & downloadable materials, written & electronic documents, and audio/video media files are protected by copyright laws and, as such, You agree to refrain from duplicating, disseminating, reproducing, republishing or re-engineering these materials without the express written consent of the 1800HH and shall not permit any third party to do the same.
15. LIMITED LICENSE AND SITE ACCESS.
We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
16. USE OF THE SITE.
You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:
attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
frame or link to the Site without permission;
use data mining, robots, or other data gathering devices on or through the Site;
post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
disclose personal information about another person or harass, abuse, or post objectionable material;
sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent;
post advertising or marketing links or content, except as specifically allowed by these Terms;
use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability to 1800HH or others; or
access the Site from a jurisdiction where it is illegal or unauthorized.
Links to 1800HH websites are provided solely as pointers to information on topics that may be useful to users of the Services, and 1800HH has no control over the content on such non-1800HH websites. 1800HH makes no warranties concerning the content of such websites, including the accuracy, completeness, reliability of said websites, nor does 1800HH warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. If you choose to follow a link to a website not controlled by 1800HH, you must do so at your own risk. 1800HH does not guarantee the authenticity of documents on the Internet. Links to non-1800HH websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such websites.
17. REPRESENTATIONS AND WARRANTIES.
You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that you are 18 years of age or older, or that you have an agent authorized by law to represent you who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action you make is being done so in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party’s trademark or trade name.
18. LIMITATION OF LIABILITY.
All 1800HH products and / or services are 100% guaranteed proven, based on experiences of others. However, in no way does 1800HH warrant or imply that the programs / products will work for you personally, as we cannot guarantee you have participated at the level requisite for success. Agents, markets, skill level and commitment levels vary from agent to agent, office to office and market to market. The words ‘100% guaranteed’ are for promotional purposes and are merely testament to the quality of services provided, based on 3rd party experiences.
In no event shall 1800HH be liable to you or any other person for any indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort (including negligence), breach of warranties, either express or implied, any breach of this agreement or its incorporated agreements (including the 1800HH enrollment contract terms and conditions), and policies your inability to use the products or services, your loss of data or files or otherwise, even if 1800HH has been advised of the possibility of such damages.
Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, 1800HH’s maximum aggregate liability is limited to the full extent permitted by law. You agree that in no event shall 1800HH maximum aggregate liability exceed the total amount paid by you for the particular products or services in dispute purchased from 1800HH.
You additionally agree to hold 1800HH and its affiliates harmless regarding the effectiveness of particular techniques, etc., taught at 1800HH as each person, market and skill level is different. 1800HH is not liable for income produced or lost as a result of products or services. Your income is your responsibility. A tennis coach does not hit the ball for the member. We give you the tools but you must take action.
1800HH and its affiliates make no commitments or warranties about the content, reliability, or availability of the services. 1800HH and its affiliates disclaim, without limitation, any warranty of any kind with respect to the services, including any warranty regarding noninfringement, merchantability, or fitness for a particular purpose.
1800HH and its affiliates have no liability whatsoever for your use of any product available from or though the website or the use of the services. In particular, but not as a limitation thereof, 1800HH and its affiliates are not liable for any compensatory, direct, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort, product liability or otherwise; nor are the liable for any third-party claims of any nature, even if advised of the possibility of such damages or claims. None of the services would be provided without such limitations. No advice or information, whether oral or written, you obtain from us from or through the website or services shall create any warranty, representation or guarantee not expressly stated in this agreement. Neither 1800HH nor its affiliates shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party.
This agreement is between you and 1800HH. No user has any rights to force affirm to enforce any rights it may have against any you or any other user.
You agree to defend, indemnify and hold harmless 1800HH and its contractors, agents, employees, officers, directors, independent contractors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys’ fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with 1800HH whether or not on YOUR behalf, and whether or not with Your permission ) use of the products or services You purchased from 1800HH or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold 1800HH harmless from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that your account infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets. This indemnification is in addition to any indemnification required of you elsewhere. Should 1800HH be notified of a pending law suit, or receive notice of the filing of a lawsuit, 1800HH may seek a written confirmation from you concerning your obligation to indemnify 1800HH. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that 1800HH shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify 1800HH of any such claim promptly in writing and to allow 1800HH to control the proceedings. You agree to cooperate fully with 1800HH during such proceedings. You agree You will not be entitled to a refund of any fees paid to 1800HH if, for any reason 1800HH takes corrective action with respect to Your improper or illegal use of its products, services, seminars or websites.
You agree that not to disparage the 1800HomeHotline.com or any of its officers, directors or employees. For purposes of this Section, “disparage” shall mean any negative statement, whether written or oral, about 1800HomeHotline.com or its, staff, programs, or policies. This includes both public and private forms of communication, including on the internet in any way.
22. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.
This agreement shall be deemed entered into in the State of Nevada. You agree that the laws and judicial decisions of Clark County, Nevada, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Clark County, Nevada. For the adjudication of disputes concerning the use of any domain name registered with 1800HH, You agree to submit to jurisdiction and venue in the US District Court for the District of Nevada located in Las Vegas, Nevada. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
23. DISPUTE RESOLUTION.
Generally. In the interest of resolving disputes between you and 1800HH in the most expedient and cost-effective manner, you and 1800HH agree that any dispute arising out of or in any way related to these Terms or your use of the Site or Products will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Site or Products, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND 1800HH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and 1800HH will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting 1800HH. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail (“Notice”). 1800HH’s address for Notice is: 2620 S Maryland Parkway suite 1004 Las Vegas Nevada 89109. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or 1800HH may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or 1800HH must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, 1800HH will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by 1800HH in settlement of the dispute prior to the arbitrator’s award; or (iii) $100.
Fees. If you commence arbitration in accordance with these Terms, 1800HH will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Las Vegas Nevada, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse 1800HH for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND 1800HH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and 1800HH agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If 1800HH makes any future change to this arbitration provision, other than a change to 1800HH’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to 1800HH’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and 1800HH.
Enforceability. If the Section entitled “No Class Actions”) is found to be unenforceable or if the entirety of this Section 18 is found to be unenforceable, then the entirety of this Section 18 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to these Terms or your use of the Site or Products.
Choice of Law; Venue. These Terms will be governed and construed in accordance with the laws of the State of Nevada, excluding its conflicts of law rules. If a lawsuit or court proceeding is permitted under these Terms, then you and 1800HH agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within Nevada.
You agree that all notices (except for notices concerning breach of this Agreement) from 1800HH to you may be posted on our Website. Notices concerning breach will be sent either to the email or postal address you have on file with 1800HH. In either case, delivery shall be deemed to have been made five (5) business days after the date sent.
Notices from You to 1800HH shall be made by sending notice to the address provided on the 1800HH Website or first class mail to 1800HH’s address at:
2620 S. Maryland Pkwy Suite 1004
Las Vegas, NV 89109
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
You agree that the failure of 1800HH to insist on strict performance of any of the provisions of this contract or to exercise any right it grants will not be construed as a relinquishment or future waiver to enforce such provisions; rather, the provision or right will continue in full force. No waiver of any provision or right will be valid unless it is in writing and signed by the party giving it.
27. FORCE MAJEURE.
1800HH will make every effort to keep its Website and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold 1800HH liable for any of the consequences of such interruptions and no refunds shall be warranted.
28. NO THIRD PARTY BENEFICIARIES.
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this agreement.
We appreciate hearing from our users and welcome your comments regarding the Site. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will (a) own, exclusively, all now known or later discovered rights to the Creative Ideas; (b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and (c) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
30. CONTENT YOU SUBMIT TO 1800HH
From time to time, 1800HH may allow you to post reviews, comments, photos, or similar materials on the Site (collectively, “Reviews”). We welcome your comments regarding our Products and services, including our Site. However, any Reviews you submit to 1800HH must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
By posting a Review on the Site, you hereby grant 1800HH an unrestricted, assignable, sublicensable, perpetual royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you post to the Site, for any purpose, including promoting and marketing 1800HH and the Products. You further grant 1800HH a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you post to the Site. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided to you by 1800HH through the Site, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of Reviews that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to 1800HH the rights in your Reviews as contemplated under the Terms, and (ii) the Reviews you post to the Site do not (A) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (C) require 1800HH to obtain any licenses from or make any payments in any amounts to any third party throughout the world.
No Objectionable Content. You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by 1800HH in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.