Updated and Effective: March 15, 2022
2. AAI's Services. You may request a service provider ("Professional") to contact you by providing AAI with personal information such as your name, address, email address, telephone number and the type of service you are seeking to have performed. AAI will attempt to locate a Professional to contact you regarding the type and location of the service you requested. AAI does not guarantee that it will locate a Professional to contact you regarding your service request. AAI does not deliver, and is not responsible for, any Professional products, services or advice. AAI is not an agent of any Professional, and Professionals are not employees or agents of AAI. Neither AAI nor any third party that refers you to the Professional sponsors, endorses, recommends or approves any Professional. While we try to confirm that Professionals meet certain requirements, we cannot and do not represent or warrant that any Professional is licensed, qualified, bonded, insured or capable of performing any service. We do not make any guarantees, warranties or representations of any kind regarding any Professional or any products, services or advice of any Professional, and neither we nor any third party that refers you to the Professional will be responsible for any action or inaction of any Professional. We do not guarantee that the service request can match your service needs with a Professional or that there are Professionals in your area that are capable of and willing to meet your service needs. You understand and acknowledge that AAI does not guarantee that it will pre- screen each Professional and AAI makes no, and expressly disclaims any guarantees, representations or warranties whatsoever with regard to these Professionals. The Professionals are provided to you on an "as is" basis." Any quote or estimate provided in connection with the service request is only a guide, not a contractually binding offer, and is not a guarantee of the actual cost of your specific project. When a Professional provides you with products, services or advice, your rights will be governed by your contract with the Professional and by applicable federal, state and local laws.
3. Consent. By using AAI's services you will be required to submit information about yourself and your service requirements. This information may be sent to Professionals or other partner entities which work with AAI who will respond to your service requests. You agree that your submission of your contact information constitutes your entering into a business relationship with AAI and its partners and therefore consent to being contacted by AAI, its partners as well as Professionals and other providers by phone, email, mail or other reasonable means at any of your contact numbers or addresses for services related to your service request. In the event that you are listed on a "Do Not Call" list, you hereby agree that phone calls and other contact stemming from your submission of contact information to AAI and its partners are permitted. You represent that your contact information is current, truthful and accurate.
4. Communication. When you contact us, when we contact you, or when you communicate with a Professional, we may monitor and/or record those communications for quality assurance, customer satisfaction and other purposes. Calls between you and Professionals that originate with a partner service may also be monitored and recorded. You consent to this monitoring and recording. By providing your telephone number, you consent to receive autodialed, pre-recorded or artificial voice calls and text (SMS) messages. We may also contact you for servicing your account, addressing complaints, billing or other account-related matters, or other purposes reasonably related to AAI's services.
5. License. We hereby grant you a limited, revocable, non-exclusive, non-transferable and non- sublicensable right to access and use the AAI website for your personal, non-commercial (unless otherwise agreed by us) and informational use only, subject to your compliance with the Agreement. The AAI website, including all materials, content and information therein, arrangement and composition, and all trademarks, service marks or other brands or names of AAI (collectively, the "Content"), are the proprietary property of AAI and its suppliers and licensors and are protected by United States and international intellectual property laws, including trademark and copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in the Content or accompanying the services. Except for the limited license explicitly granted to you under this Agreement, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved.
6. No Objectionable Conduct. You agree that, in using the AAI website, AAI's services and interacting with AAI, its partners or Professionals, you will not (i) engage in any form of harassment or offensive behavior, including making abusive, threatening, defamatory, racist, obscene, or offensive statements; (ii) engage in deceptive or fraudulent behavior; (iii) infringe or violate the privacy rights, property rights or any other rights of any person or entity; or (iv) violate any applicable law, rule or regulation.
7. Governing Law. This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Florida, exclusive of conflict or choice of law rules.
8. Dispute Resolution.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
In the event AAI is unable to resolve a complaint you may have to your satisfaction (or if AAI has not been able to resolve a dispute it has with you after attempting to do so), we each agree to resolve those disputes through binding arbitration instead of in court. Arbitration is more informal than a lawsuit in court. Arbitration uses neutral arbitrators instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and in court class actions are not permitted.
(a) Any dispute, claim or controversy among the parties arising out of or relating to this Agreement ("Dispute") shall be finally resolved by and through binding arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (the "JAMS Rules"), provided that failure to adhere to any of the time limits set forth therein shall not be a basis for challenging the award.
You may obtain copies of the current rules and forms and instructions for initiating arbitration by contacting JAMS as follows:
JAMS, The Resolution Experts
600 Brickell Avenue
Miami, FL 33131
Web site: www.jamsadr.com
Telephone: (949) 224-1810 or (800) 352-5267
You agree that, by entering into this Agreement, you and AAI are each waiving the right to a trial by jury or to participate in a class action or class arbitration. Both the foregoing agreement of the parties to arbitrate any and all Disputes, and the results, determinations, findings, judgments and/or awards rendered through any such arbitration, shall be final and binding on the parties and may be specifically enforced by legal proceedings in any court of competent jurisdiction.
(b) The arbitration shall be conducted by three (3) arbitrators (unless the parties mutually agree to less). Each party shall select one arbitrator within 30 days of commencement of the arbitration, failing which, upon request of any party, JAMS shall appoint such arbitrator. The third arbitrator, who shall serve as Chairperson of the arbitral panel, shall be appointed by JAMS pursuant to Rule 15 of the JAMS Rules. The arbitrators must apply the terms of this arbitration agreement, including without limitation, the waiver of class-wide arbitration set forth below.
(c) The place of arbitration shall be Miami, Florida.
(d) The cost of the arbitration proceeding, including, without limitation, each party's attorneys' fees and costs, shall be borne by the unsuccessful party or, at the discretion of the arbitrators, may be prorated between the parties in such proportion as the arbitrators determine to be equitable and shall be awarded as part of the award.
(e) The arbitration provisions set forth herein, and any arbitration conducted thereunder, shall be governed exclusively by the Federal Arbitration Act, Title 9 United States Code, to the exclusion of any state or municipal law of arbitration.
(f) RESTRICTIONS ON ARBITRATION: ALL DISPUTES, REGARDLESS OF THE DATE OF ACCRUAL OF SUCH DISPUTE, SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, AND TO CERTAIN DISCOVERY AND OTHER PROCEDURES THAT ARE AVAILABLE IN A LAWSUIT. YOU ARE WAIVING, AND WILL NOT HAVE, THE RIGHT TO CONSOLIDATION OR JOINDER OF INDIVIDUAL DISPUTES OR ARBITRATIONS, TO HAVE ANY DISPUTE ARBITRATED ON A CLASS ACTION BASIS, OR TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. FURTHER, YOU AND AAI AGREE THAT THE ARBITRATORS HAVE NO AUTHORITY TO ORDER CONSOLIDATION OR CLASS ARBITRATION OR TO CONDUCT ANY FORM OF REPRESENTATIVE OR CLASS-WIDE ARBITRATION PROCEEDINGS, AND ARE ONLY AUTHORIZED TO RESOLVE THE INDIVIDUAL DISPUTES BETWEEN YOU AND AAI ALONE.
(g) THE SCOPE, VALIDITY, EFFECT, AND ENFORCEABILITY OF THE FOREGOING WAIVER OF CLASS ACTION LAWSUIT AND REPRESENTATIVE OR CLASS-WIDE ARBITRATION ARE TO BE DETERMINED SOLELY AND EXCLUSIVELY BY THE FEDERAL DISTRICT COURT LOCATED IN THE SOUTHERN DISTRICT OF FLORIDA OR FLORIDA STATE COURT IN MIAMI- DADE COUNTY AND NOT BY JAMS OR ANY ARBITRATOR. IF A LAWSUIT IS FILED THE PARTIES AGREE THAT THE ARBITRATION SHALL BE IMMEDIATELY STAYED, BY AGREEMENT OR COURT ORDER, UNTIL THE COURT CASE IS RESOLVED AND ALL APPELLATE REVIEW IS EXHAUSTED. THE COST OF PROCEEDINGS UNDER THIS SECTION, INCLUDING, WITHOUT LIMITATION, EACH PARTY'S ATTORNEYS' FEES AND COSTS, SHALL BE BORNE BY THE UNSUCCESSFUL PARTY.
(h) WITHOUT WAIVING THE RIGHT TO APPEAL SUCH DECISION, SHOULD ANY PORTION OF SECTION 8(f) BE STRICKEN FROM THIS AGREEMENT OR DEEMED OTHERWISE INVALID OR UNENFORCEABLE, THEN THIS ENTIRE SECTION 8 (OTHER THAN THIS SENTENCE) SHALL BE STRICKEN FROM THIS AGREEMENT AND INAPPLICABLE, AND ANY AND ALL DISPUTES SHALL PROCEED IN FEDERAL DISTRICT COURT LOCATED IN THE SOUTHERN DISTRICT OF FLORIDA OR FLORIDA STATE COURT IN MIAMI-DADE COUNTY AND BE DECIDED BY A JUDGE, SITTING WITHOUT A JURY, ACCORDING TO APPLICABLE COURT RULES AND PROCEDURES, AND NOT AS A CLASS ACTION LAWSUIT OR ANY OTHER REPRESENTATIVE SUIT.
9. Time Limit for Filing Claims. As a condition precedent to recovery, all claims under this Agreement must be filed in writing or electronically with AAI within six (6) months of your constructive knowledge that the alleged issue occurred. Further, any demand for arbitration must be filed no later than one (1) year after your constructive knowledge that the alleged issue occurred. Where claims are not filed or arbitration is not instituted thereon in accordance with the foregoing provisions, such claims shall be deemed waived and will not be paid.
10. Indemnification. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless AAI, its affiliates and their respective directors, officers, employees and agents from and against any and all third party claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney's fees) arising out of or accruing from (a) your breach of this Agreement, and (b) your use of AAI's services.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. LIABILITY. THE AAI SERVICE IS PROVIDED BY AAI LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. AAI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AAI SERVICE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AAI SERVICE IS AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF THE PERSONAL INFORMATION THAT YOU PROVIDE.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AAI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AAI DOES NOT WARRANT THAT THIS SITE, ITS SERVICES OR E-MAIL SENT FROM AAI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AAI (AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND STOCKHOLDERS) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FOR DISRUPTIONS IN THE AAI SERVICE, INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
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.
12. Severabi ity. If any provision of this Agreement shall be ruled unenforceable, then the remainder shall be enforced to the extent permissible.
13. Entire Agre ment. This Agreement sets forth the entire agreement with respect to the subject matter hereof. This Agreement may not be altered, supplemented, or amended by the use of any other document(s).
We may collect personal information that can identify you such as your name, email address and other information. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world. We may collect and store any personal information you enter on our website or provide to us over the telephone. This includes identifying information, such as your name, address, e-mail address, telephone number and other personally identifiable information. We use various technologies to collect information from your computer and about your activities on our site. Information collected automatically. We automatically collect information from your browser when you visit our website. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address. Cookies. When you visit our website, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to use some of the interactive features offered on our website. Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities. Information collected by third parties. We may allow third parties, including our authorized service providers and advertising companies to display advertisements on our site. These companies may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements. Our website does not provide any personal information to these third parties. This information allows them to deliver targeted advertisements and gauge their effectiveness.
At any time you can choose to no longer receive commercial or promotional emails or newsletters from us by opting out of receiving such messages by simply clicking on the unsubscribe link in the footer of any email from us or contact us at firstname.lastname@example.org. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional e-mail communications without offering you the opportunity to opt out of receiving them
If you are a resident of California, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties for their direct marketing purposes. California law gives you the right to send us a request at a designated address to receive the following information: the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year the names and addresses of the third parties that received that information; and if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed. We may provide this information in a standardized format that is not specific to you. The designated email address for these requests is email@example.com
In cases where we cannot match you with a Professional within the AOC network, we may sell your identifying contact information as well as the nature of your request to our partner network in an attempt to fulfill your request. In the event you make a do not sell request, we will not match you with any of those partner networks in the future. There is not yet a consensus as to whether third party cookies and tracking devices associated with our websites may constitute a "sale" of your PI as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser. Further, you can learn more about your choices regarding certain kinds of online interest-based advertising here. We do not represent that these third-party tools, programs or statements are complete or accurate.
Let's Make a Lead, Inc.
20200 W Dixie Hwy. Suite 1109
Miami, FL 33180
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Meanwhile, have a great day.