AGREEMENT OF TERMS OF USE
updated 3/7/10
By visiting, using and/or submitting information to www.girlfuture.com (“girlfuture.com”), you agree to be bound by the terms and conditions of this Agreement of Terms of Use (this "Agreement") and our Privacy Policy, located at [http://www.girlfuture.com/privacy-policy/] (the “Privacy Policy”). For purposes of this Agreement and the Privacy Policy, the terms “we,” “us,” or “our” means girlfuture.com.
This Agreement contains an agreement to arbitrate all claims and disclaimers of warranties and liability.
Consideration and Your Compliance with this Agreement
Please read this User Agreement carefully. If you are a girl, make sure that your parent or legal guardian reads and agrees with this Agreement on your behalf. You agree to be bound by all of the terms and conditions of this Agreement when you register for membership in girlfuture.com. If you do not agree to be bound by all of the terms and conditions of this Agreement, you are not permitted to register for girlfuture.com. Please print a copy of this Agreement for your records.
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to girlfuture.com. You represent that you have the capacity to be bound by this Agreement. If you are the parent or legal guardian of a child, you are responsible for ensuring that your child complies with the terms and conditions of this Agreement and for your child’s overall actions and safety online. In order to determine your compliance with this Agreement, we may monitor your access and use of girlfuture.com in accordance with our Privacy Policy.
Your Access and Use of girlfuture.com
You are only entitled to access and use girlfuture.com for lawful purposes and pursuant to the terms and conditions of this Agreement and our Privacy Policy.
Your access and use of girlfuture.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of girlfuture.com or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of girlfuture.com and/or any portion or feature of girlfuture.com at any time in our sole discretion and without prior notice.
Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or our Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of girlfuture.com; or (iii) through the use of girlfuture.com, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use girlfuture.com. You shall not metatag or frame girlfuture.com without our prior express written permission.
• All submissions to girlfuture.com must be free of profanity, vulgarity, or any language, image, or material of any kind designed to offend, harass, defame, threaten, bully, or invade another’s privacy.
• All submissions must be free of prejudice and respectful of others.
• All submissions must accurately and truthfully represent you and must be free of deceitful, false, or misleading information about yourself or others.
• No personally identifiable information may be posted on girlfuture.com.
Your Account
Certain features of girlfuture.com are only available if you “join” girlfuture.com and register with us. If you choose to “join” girlfuture.com and register with us, you will need to create an account. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration process (the “Registration Data”). You shall not impersonate any person or misrepresent your identity or affiliation with any person, including registering a child with us if you are not their lawful parent or legal guardian, using another person’s username, password or other account information, or using another person’s name, likeness, voice, image or photograph. You agree to promptly notify us at admin@girlfuture.com of any unauthorized use of your username, password and other account information, or any other breach of security that you become aware of involving or relating to girlfuture.com. In addition, you agree to exit from your account at the end of each session.
Public Forums
girlfuture.com may act as a venue, through its blogs and other forums (collectively, the “Forums”), allowing the users to contribute information and make statements (“User Generated Content”). We are not involved in the actual transmission of User Generated Content provided for in the Forums. As a result, we do not approve or endorse any User Generated Content in the Forums. You hereby acknowledge and agree that we have no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Generated Content provided for by you or any other person or entity in the Forums. You may find User Generated Content posted in the Forums by other users to be offensive, harmful, indecent, objectionable, inaccurate or deceptive, and you hereby waive any legal or equitable rights or remedies you have or may have against us with respect to such User Generated Content. Please use caution and common sense, and do not rely solely on User Generated Content published in the Forums. Without limiting the generality of the foregoing, we reserve the right, but not the obligation, to remove or edit any User Generated Content in the Forums.
Immediately report problems with the Forums to us at admin@girlfuture.com.
Transmissions, Submissions and Postings to Girlfuture.com
If you transmit, submit or post information to girlfuture.com that is not Federally trademarked and/or copyrighted, you automatically grant us and our affiliates the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below). Provided that you have obtained prior written permission from us to transmit, submit or post information to girlfuture.com that is Federally trademarked and/or copyrighted, you automatically grant us and our affiliates the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.
You shall not transmit, submit or post the following to girlfuture.com:
• Information that infringes our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
• Information that violates any law, statute, ordinance or regulation;
• Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to us or third parties or that infringes on our or any third party’s rights of publicity or privacy;
• Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
• Information that is false, inaccurate or misleading;
• Commercial advertisements or solicitations without our written permission; or
• Federally Trademarked and/or Copyrighted information without our written permission.
We reserve the right (but not the obligation) to edit, refuse to post or remove your transmissions, submissions or postings. Pursuant to our Privacy Policy, we may review transmissions, submissions or postings made by you to determine, in our sole discretion, your compliance with this Agreement.
You shall be solely responsible for all your transmissions, submissions or postings (i.e., your own User Generated Content) and the consequences of transmitting, submitting or posting them.
Our Intellectual Property Rights
The names "girlfuture,” “girlfuture.com," "Independent Girls," “Independent Girls, Inc.” and our graphics, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress, in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without our prior express written permission, which permission may be withheld in our sole discretion. We make no proprietary claim to any third-party names, trademarks or service marks appearing on girlfuture.com. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, advice, data, software and content viewable on, contained in, or downloadable from, girlfuture.com (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are copyrighted by, or otherwise licensed to, us or our Content suppliers. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on girlfuture.com (the “Software”) is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.
You shall be solely responsible for any damage resulting from your infringement of our or any third party's intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Your Use of the Content
We grant you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without our express prior written permission, which permission may be withheld in our sole discretion.
You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written permission, which permission may be withheld in our sole discretion.
Access and Interference
You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor girlfuture.com or any portion of girlfuture.com or for any other purpose, without our express written permission which may be withheld in our sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from girlfuture.com without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of girlfuture.com or any activities conducted on girlfuture.com; or (iv) bypass measures we may use to prevent or restrict access to girlfuture.com. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials form girlfuture.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You shall not collect or harvest any personally identifiable information, including account names, from girlfuture.com. You shall not use any communication systems provided on girlfuture.com, such as Forums, for any commercial or solicitation purposes. You agree not to solicit for commercial purposes any users of girlfuture.com without our prior, written consent.
Electronic Communications
When you visit girlfuture.com or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by e-mail or by posting notices on girlfuture.com. 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.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use Girlfuture.com, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of girlfuture.com
Third Party Links
There may be provided on girlfuture.com links to other websites belonging to third parties. Such links do not constitute our endorsement of those websites, nor the products or services listed on those websites. We are not responsible for the activities or policies of those websites. We do not endorse or recommend the products of any particular third party.
Content Does Not Replace Professional and Medical Advice and Care
girlfuture.com’s content, including the guidance of its advice and expert columns, is intended only to provide information regarding various subjects of interest to girls and their parents. The content is broad in scope and does not consider an individual’s personal situation. Because your personal situation is unique, the content may not be appropriate for you. The content also does not necessarily reflect the views of girlfuture.com, should not be construed as creating a professional or medical relationship, and should not replace professional and medical advice and care. Independent Girls, Inc. and girlfuture.com strongly recommend that you seek the advice of professional and medical advisors who are fully aware of your individual circumstances.
Copyright Infringement
It is our policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. We shall in appropriate circumstances disable and/or terminate the accounts of users who may infringe or repeatedly infringe our or others’ copyrights or other intellectual property rights.
Notifications (each a “Notification”) of claimed copyright infringement should be sent by either express mail or U.S. mail to our designated agent. Our designated agent contact information is set forth below:
Address of designated agent to which notification should be sent:
The Law Offices of Stephen M. Cohen, P.A.
Attn: Stephen M. Cohen
4500 PGA Blvd., Suite 303A
Palm Beach Gardens, FL 33418-3965
Facsimile number of designated agent: (561)624-2289
Email address of designated agent: stephen@smcohenlaw.com
Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
5. A statement that the Complaining Party has 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
6. 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.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512:
1. We will remove or disable access to the material that is alleged to be infringing;
2. We will forward the written Notification to the alleged infringer ("Subscriber"); and
3. We will take reasonable steps to promptly notify the Subscriber that we have removed or disabled access to the material.
Counter Notification:
Pursuant to Title 17, United States Code, Section 512(g)(3), a Subscriber may counter a Notification by providing a written communication (“Counter Notification”) to our designated agent that includes substantially the following:
4. A physical or electronic signature of the Subscriber;
5. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
6. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
7. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which our offices may be found, and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512:
8. We will promptly provide the Complaining Party with a copy of the Counter Notification;
9. We will inform the Complaining Party that we will replace the removed material or cease disabling access to the removed material within ten (10) business days; and
10. We will replace the removed material or cease disabling access to the removed material not less than ten (10), nor more than fourteen (14) business days following receipt of the Counter Notification, provided our designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the removed material on our network or system.
We Make No Representations or Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH GIRLFUTURE.COM ARE PROVIDED TO YOU ON AN "AS-IS" AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF GIRLFUTURE.COM OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH GIRLFUTURE.COM. YOU EXPRESSLY AGREE THAT YOUR USE OF GIRLFUTURE.COM AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH GIRLFUTURE.COM IS AT YOUR SOLE RISK.
WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH GIRLFUTURE.COM, NOR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH GIRLFUTURE.COM. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH GIRLFUTURE.COM. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM GIRLFUTURE.COM IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
girlfuture.com is controlled and offered by us from our facilities in the United States of America. We make no representations that girlfuture.com is appropriate or available for use in other jurisdictions. If you access or use girlfuture.com from other jurisdictions, you do so by your own volition and are solely responsible for compliance with local law.
Limitations on Our Liability
WE SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF GIRLFUTURE.COM; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE GIRLFUTURE.COM FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH GIRLFUTURE.COM, OR OTHERWISE ARISING OUT OF THE USE OF GIRLFUTURE.COM, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE, OUR AFFILITES AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICRES, EMPLOYEES AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO GIRLFUTURE.COM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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.
Your Indemnification of Us
You shall defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by us; (iii) your access or use of girlfuture.com; (iv) access or use of girlfuture.com under any password that may be issued to you; and/or (v) your transmissions, submissions or postings (i.e., your own User Generated Content).
Amendments of this Agreement
We may amend this Agreement at any time. Amendments that are not material will take effect immediately upon us posting the updated Agreement on girlfuture.com. If we make a material amendment to this Agreement, we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by posting notice of such an amendment on girlfuture.com. Any such amendment to this Agreement will be effective fifteen (15) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on girlfuture.com. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice. Our posting of notice of such an amendment on girlfuture.com will also constitute effective notice of any amendment.
You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Please note that, notwithstanding the notice provided above, your continued access and use of girlfuture.com (other than solely to view this Agreement) following the posting of any amendments to this Agreement shall automatically be deemed your acceptance of all changes.
Our Remedies
You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Palm Beach County, Florida, or the United States District Court, Southern District of Florida. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Governing Law; Arbitration
You agree that: (i) girlfuture.com shall be deemed solely based in the State of Florida; and (ii) girlfuture.com shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of Florida. This Agreement is to be governed by and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Palm Beach County, Florida.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING GIRLFUTURE.COM YOU CONSENT TO THESE RESTRICTIONS.
You and we shall select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or inany instance of any lawsuit between you and us, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Palm Beach County, Florida.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or we be entitled to punitive damages and both you and we hereby waive your and our respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement and our Privacy Policy represent the entire understanding and agreement between you and us regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.
If you have questions, comments, concerns or feedback regarding this Agreement or girlfuture.com, please contact us via any of the methods set forth below:
By mail: girlfuture.com
c/o Independent Girls, Inc.
178 Satinwood Lane
Palm Beach Gardens, FL 33410
By e-mail: admin@girlfuture.com