Terms and Conditions
This Terms of Use Agreement (this “Agreement”), which is a legal agreement between you (“you”) and Peace of Mind, shall govern your use of and access to the Member or Non-Member Area of Peace of Mind’ss Web site located at www.WeGiveYouPeaceofMind.com (the “Web site”) and all services provided by Peace of Mind as described therein (the “Services”). By reading these Terms and Conditions and/or simply by making any use of the Web site, you accept this Agreement and agree to be bound by each of its terms, and you represent and warrant to Peace of Mind that (i) you have the authority to enter into this Agreement, (ii) this Agreement is binding and enforceable against you, and (iii) you have read and understand Peace of Mind’s Privacy Policy (the “Privacy Policy”), the terms of which are posted at the Web site and incorporated herein by reference, and agree to abide by the Privacy Policy. If you do not agree with any of the terms contained herein, you should immediately cease any and all activities on the Web site and/or use of any Services.
Please read this Agreement carefully. If you do not agree to these terms and conditions or anything contained in this Agreement, do not access or otherwise use the Web site.
CHANGES TO SERVICES, AGREEMENT AND/OR WEB SITE
Peace of Mind may amend any part of this Agreement at any time, and the amended terms will be effective 10 days after initial posting at the Web site. In addition, Peace of Mind may, without prior notice, add, delete or modify some or all of the Services and/or content available on the Web site at any time in its sole discretion. Further, Peace of Mind may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND WEB SITE. YOUR CONTINUED USE OF THE SERVICES OR WEB SITE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES AND/OR MODIFICATIONS.
You should review this Agreement periodically to ensure you become aware of changes, which are made to this Agreement by Peace of Mind from time to time.
SERVICES; FEES; PARTIES
The Services are described within various pages of the Web site. You should review these pages to gain a better understanding of the Services and the goals behind the Web site. At a general level, Peace of Mind serves as an information portal for consumer attorneys in the United States. Among other content and services available at the Web site, consumer attorneys can view certain instructional videos. Such responses shall not, under any circumstance, be deemed to constitute legal advice or the advice of co-counsel. No attorney-client relationship or co-counsel relationship is established hereby. Peace of Mind is not itself an attorney or law firm, and does not provide any legal advice to you. Peace of Mind does not endorse or recommend the products of any particular attorney. Peace of Mind’s services are administrative and informational only.
Peace of Mind expressly reserves the right to discontinue, suspend or terminate the offering of the Services at any time. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for any type of commitment. All purchases from Peace of Mind are final and nonrefundable. Refunds will not be given if Peace of Mind discontinues, suspends or terminates the offering of services or content available at the Web Site.
Peace of Mind charges a fee for certain Services made available at the Web site. Such fees are described on various pages throughout the Web site. You hereby authorize Peace of Mind to charge any credit card you provide to Peace of Mind at the Web site or elsewhere for all fees due and owing to Peace of Mind. Such fees may be charged to your credit card upon purchase or download or, at Peace of Mind’s option, at a later time. You hereby agree and acknowledge that you shall not, under any circumstance, (i) revoke the above-referenced authorization to charge the above-referenced credit card(s) for any Services rendered, any products purchased at the Web site or any materials downloaded or viewed from the Web site, or (ii) contest any charges to the above-referenced credit card(s) which are made by Peace of Mind. You shall, as is the case with other disputes arising hereunder, be entitled to resolve any and all such disputes pursuant to the dispute resolution section set forth below. Your use of the Web site and/or the Services constitutes your acknowledgment of, and agreement with, this fee arrangement.
From time to time, Peace of Mind offers coupons for discounts on our Services. When you receive a coupon, you may redeem the coupon with your purchase of Peace of Mind’s Services for the discounted amount of the Services only if you if you are the individual to whom Peace of Mind directly issued this coupon. If you redeem a coupon and are not the direct recipient of the coupon from Peace of Mind, Peace of Mind will suspend your account until you pay the difference between any discounted amount paid and the retail price of the Services. If you elect not to pay the difference, Peace of Mind may retain all money you have paid to Peace of Mind and terminate your account.
Note that any submission made by you to the Web site shall be deemed to constitute your electronic signature, and as such you are extending an express invitation to Peace of Mind, and certain individuals and/or entities with which Peace of Mind has a business relationship, to contact you by telephone and/or e-mail at the numbers and/or addresses you have provided, and you hereby consent to any such calls and e-mails even if your phone number is on any Do Not Call list or your e-mail address is listed on any restricted access list. In addition, to the extent you click “Submit” or any similar button on any page in the Web site, you hereby agree and acknowledge that a Peace of Mind representative may contact you by telephone or e-mail to assess your needs.
QUESTIONS; SUBMISSIONS
By submitting a question in or through any other portion of the Web site, you hereby understand and agree that you have established a business relationship between you and Peace of Mind, which is the owner of the Web site. As such, you agree that Peace of Mind may contact you using information you provided with information, surveys and offers of services available through Peace of Mind, the Web site or any other web site owned or operated by Peace of Mind or an affiliate of Peace of Mind from time to time. You hereby consent to any such communication, phone calls or e-mails even if your phone number is on any Do Not Call list or if your e-mail is on any other restricted access list. In the event you wish to opt out of receiving any such communications from Peace of Mind, please send an e-mail to info@WeGiveYouPeaceofMind.com to be removed from this list.
LIMITED LICENSE
Peace of Mind hereby grants you a non-exclusive, nontransferable, revocable limited license to access and use the Web site and its contents, including search results and other information, strictly in accordance with this Agreement and solely for the permitted uses described in this Agreement. This license and authorization is not a transfer of title in any content posted at the Web site and is subject to strict compliance with the rules and other terms of this Agreement. In particular, and not in limitation of the foregoing, any videos purchased by you at the Web site are intended for your personal use and may not be re-broadcast, transferred, assigned, shared, viewed by or otherwise made available to anyone other than you.
WEB SITE ACCESS RULES
In return for the license and authorization Peace of Mind grants you in this Agreement to use the Web site, you agree to abide by all the terms of this Agreement and any additional restrictions displayed on the Web site, as and when they are updated from time to time, including, without limitation, the rules in this Section. This Section includes certain activities that are expressly not permitted on this Website. Inclusion of these prohibited uses is not intended and should not be construed to modify any description of permitted uses in this or other sections of this Agreement and you may not construe the fact that a particular activity is not described as a prohibited use in this Section as an indication of permission to engage in that activity if it is not consistent with the permitted uses.
Permitted Uses. You may use the Web site only in good faith for your own personal use to obtain information offered through the Web site. You may download and print out portions of the content from the Web site for your convenience provided that you follow the rules in this Agreement.
Distribution. Except as expressly permitted under other provisions of this Agreement, you may not modify, reproduce, duplicate, copy, photocopy, print, republish, display, translate, transmit, distribute, sell, resell, rent, lease, loan, exploit, reduce to any electronic medium or machine-readable form, or otherwise make available in any form or by any means all or any portion of the Web site, the content or any information or materials retrieved from either of them, including, without limitation, graphics and logos, in whole or in part, for any purpose without Peace of Mind’s express prior written consent and approval (which consent may be withheld at Peace of Mind’s sole discretion).
Website Functionality. You may not remove, disable, defeat, or change any functionality or the appearance of the Web site or any of the content included on the Web site.
Interference. You may not interrupt or attempt to interrupt or otherwise interfere with the operation of the Web site in any way.
Derivative Works. You may not create compilations or derivative works of the Web site, the Web site content or any other materials from the Web site.
Proprietary Notices. You may not remove, change, or obscure and you must retain on all copies of the content you download any copyright notice or other proprietary notice, Privacy Policy, legal disclosures, or terms of use contained in the content or on the Web site.
Transfer. You may not transfer the Web site content to any other person unless you have received all consents necessary from Peace of Mind and, in addition, you give such other person notice of and they agree to accept the obligations arising under this Agreement.
Infringement. You may not use the Web site, the Web site content, or any other materials from the Web site in any manner that may infringe upon any copyright or other intellectual property right, proprietary right, or property right of Peace of Mind or any third party.
Software. You may not (i) decompile, disassemble, or reverse engineer any of the Web site’s software, (ii) use any network monitoring or discovery software to determine its architecture, or (iii) use any robot, spider or other automatic device or manual process to monitor materials available on the Web site.
Information Distribution. You may not use the Web site or any communications service that may be available to you on or through the Web site to transmit, upload, post, distribute or facilitate distribution of, or otherwise make available any information or content, including text, communications, software, images, sounds, data, or other information, that:
is false; contains descriptions or accounts of sexual acts, including, without limitation, sexual language directed at another individual or group of individuals; you are restricted from using under contractual restrictions or fiduciary obligations, including, without limitation, inside information and proprietary and confidential information learned or disclosed as part of an employment relationship or under nondisclosure agreements; you are restricted from using under any law; or contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage, or limit the functions of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any other party.
Other Prohibited Uses. You may not use the Web site for any purpose that:
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or otherwise violates Peace of Mind’s rules or policies;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other classification protected by law; invades any person’s or entity’s privacy or other rights;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; misidentifies yourself or impersonates any person or entity, including, without limitation, any employee or representative of Peace of Mind, or falsely states, implies, or otherwise misrepresents your affiliation with a person or entity by, for example, pretending to be someone other than yourself or pretending to represent a company or organization that you are not affiliated with or authorized to represent; or could otherwise reasonably be deemed or viewed to be unethical, illegal, or offensive.
Others’ Personal Information. You may not use any automatic or manual process to harvest, collect, or store information about other users of the Web site or its services or use any such information for any purpose whatsoever without Peace of Mind’s express prior written consent and approval. In any event, you may not knowingly solicit or collect personal information from a child 12 years old or younger without appropriate prior verifiable parental consent.
Harm to Minors. You may not take any action on the Web site or use the Web site content to harm minors in any way.
Data Collection. You may not access the Web site for data mining or extract any content from the Web site for any purpose other than your personal use as described in this Agreement.
Commercial Database. You may not use any portion of the Web site or any of the Web site content as a component of or to develop, in any media, an information storage and retrieval system, database, infobase, or similar information resource that is offered for commercial distribution of any kind, including, without limitation, through sale, license, lease, rental, subscription, or any other distribution mechanism.
Sharing. You may not make any portion of the Web site, including, without limitation, the Web site content, available through any timesharing system, service bureau, the Internet, or any other technology, without Peace of Mind’s express written consent and approval.
Identifiers. You may not forge headers or otherwise manipulate identifiers on the Web site in order to disguise the origin of any Web site content transmitted through the Web site.
Securities Laws. You may not intentionally or unintentionally violate any applicable local, state, national, or international law relating to securities and other aspects of business ownership, including, without limitation: (i) regulations promulgated by the U.S. Securities and Exchange Commission, (ii) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, and the NASDAQ, and (iii) any other similar regulations that have the force of law.
Solicitation. You may not use the Web site or any Web site content in a manner that violates any state or federal law regulating commercial e-mail, facsimile transmissions or telephone solicitations.
Export. You may not export or re-export the Web site, any of the Web site content, or any software available on or through the Web site in violation of the export control laws and regulations of the United States.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Web site are: Copyright © 2010 Peace of Mind and Peace of Mind. All rights reserved.
“www.WeGiveYouPeaceofMind.com” is a service mark of Peace of Mind.
Other product and company names mentioned herein or within the Web site may be the trademarks or service marks of their respective owners. To this end, you may not, without the prior, written consent of Peace of Mind or the applicable copyright holder, modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the content posted at the Web site or otherwise owned by Peace of Mind or any of its licensors. This Agreement shall not be deemed to transfer from Peace of Mind to you (i) any of Peace of Mind’s or its licensors’ intellectual property (including, without limitation, patents, trademarks, service marks, trade names, copyrights and licenses), technology, software programs or any related assets owned by Peace of Mind, or (ii) any rights to use or license any of the foregoing except as explicitly set forth in this Agreement.
Peace of Mind does not recommend or endorse any advice or suggestions provided through the Web site, nor does it make any representation or warranty regarding the quality of services offered or provided through the Web site. You are solely responsible for your provision of professional legal services. The Web site is not intended to and does not constitute or create any attorney-client relationship. Peace of Mind does not interfere with any lawyer’s independent exercise of his or her professional legal judgment. You should not share any confidential communication between you and any other lawyer or client with Peace of Mind. The information contained in the Web site or learned through the Web site does not and should not be construed to constitute legal advice. The effectiveness of any legal advice rendered by a lawyer depends on the lawyer’s familiarity with the underlying facts of and legal principles relating to the legal matter for which the lawyer is retained. Nothing provided on the Web site should be considered a substitute for the informed advice of a lawyer. Peace of Mind will not advise you on legal issues.
Peace of Mind does not share in any portion of your or any other legal fees that any client pays. Fees paid to Peace of Mind are not related in any way to any legal fees you may charge or collect.
DISCLAIMERS AND LIMITATIONS
Peace of Mind intends that the information contained in the Web site be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein or on the Web site may be made by Peace of Mind at any time. THE WEB SITE AND THE INFORMATION, SOFTWARE, VIDEO SEMINARS, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS, WHERE IS AND AS AVAILABLE.”
Peace of Mind AND/OR ITS SUPPLIERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, VIDEO SEMINARS, PRODUCTS AND SERVICES PROVIDED WITHIN THE WEB SITE, INCLUDING WITHOUT LIMITATION (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, (II) AS TO THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEB SITE OR ANY OF Peace of Mind’s SERVICES, (III) WARRANTIES AS TO ANY CONTINUING LEGAL EDUCATION CREDIT WHICH MAY OR MAY NOT BE EARNED ON ACCOUNT OF WATCHING ANY VIDEO OR OTHERWISE PARTICIPTING IN ANY PROGRAM OR INITIATIVE AVAILABLE AT OR THROUG THE WEB SITE, OR (IV) AS TO THE ACCURACY OR UTILITY OF ANY SUGGESTION OR ADVICE PROVIDED TO YOU IN ANY OTHER PORTION OF THE WEB SITE. USE OF THE WEB SITE AND/OR Peace of Mind’s SERVICES IS AT YOUR OWN RISK.
Peace of Mind AND/OR ITS SUPPLIERS SITES ARE NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEB SITE AND/OR Peace of Mind’s SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Peace of Mind AND/OR THEIR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN ALL EVENTS, THE AGGREGATE LIABILITY OF Peace of Mind, ITS OWNERS AND AGENTS FOR ANY REASON AND UPON ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU TO Peace of Mind DURING THE 6-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE.
UNAVAILABILITY OF SERVICE OR WEB SITE
You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Web site and/or the Services. While it is Peace of Mind’s objective to make the Web site accessible 24 hours per day, 7 days per week, the Web site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Peace of Mind, access to the Web site and/or Services may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, Peace of Mind shall not be liable in any way for any delay in responding to an inquiry.
YOU AGREE THAT Peace of Mind SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEB SITE AND/OR SERVICE AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEB SITE AND/OR SERVICE.
INDEMNITY
Release. Without limiting the generality of the disclaimers set forth in this Agreement, you hereby waive and release Peace of Mind, its affiliates, and each of their equity holders, officers, directors, managers, members, employees and agents from any damages and claims of any sort, whether direct or otherwise, that arise out of or result from your use of the Web site, the Web site content and any services offered through the Web site, including, without limitation, any dealings or transactions between you and third parties from whom you obtain any information, goods, or services through the Web site.
Indemnity. You will indemnify and defend (a) Peace of Mind, (b) Peace of Mind’s licensors, subsidiaries, and affiliates, and (c) each of their respective equity owners, directors, managers, members, officers, employees, agents, contractors and representatives against any claim or demand made by any third party and any damages, costs, liabilities, and expenses, including, without limitation, reasonable attorneys’ fees, any indemnified party incurs as a result of such a claim or demand arising out of (i) any content you submit or post to or transmit through the Web site, (ii) your use of or connection to the Web site, the Web site content or the services offered through the Web site, (iii) your violation of this Agreement or your violation of any rights of another person, (iv) any activity carried out by another person using your account or password with your knowledge, or (v) any malpractice or other claim brought any one of your clients on account of legal advice provided by you to such client.
THIRD PARTY CONTENT
General. The Web site and the Web site content may contain or provide access to content provided by third parties, including, without limitation, information, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or e-mailed or otherwise transmitted through the Web site (“Third Party Content”) that may include content you find to be offensive, indecent or objectionable. The third party from whom Third Party Content originates is solely responsible for it and Peace of Mind assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity, or quality of any Third Party Content. Accordingly, Peace of Mind has no liability of any kind to you or any other person relating to any Third Party Content, including, without limitation, mistake, misstatement of law, omission, falsehood, defamation, obscenity, pornography, profanity, opinion, representation, and any other content contained in the Third Party Content or for any loss or damage of any kind incurred as a result of the use of any Third Party Content. Statements of opinion and commentary in Third Party Content are those of the third party and, unless Peace of Mind expressly states in writing to the contrary, Peace of Mind neither endorses nor adopts as its belief any such statements. Peace of Mind provides information in articles Peace of Mind posts or links to through the Web site only for educational and general informational and not as legal advice or as a substitute for legal advice provided by a competent lawyer. Peace of Mind has made no attempt to verify any information contained in such articles.
Advertisers. The Web site may include advertisements or offers for access to information, goods, and services provided by third parties. Your correspondence or business dealings with or participation in promotions of advertisers on or through the Web site, including, without limitation, payment for and delivery of goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. Peace of Mind makes no representations about and disclaims any and all liability to any person for any such information, goods and services. Peace of Mind does not (i) endorse any advertiser, (ii) provide advice on which advertiser to select, (iii) guarantee any advertiser’s information, goods, or services, or (iv) act as your general contractor, agent or adviser.
Links. As a convenience to you, the Web site may contain links to websites that are owned and operated by third parties that are not affiliate with Peace of Mind. When you use these links, you will leave the Web site and Peace of Mind will have no ability to protect your interests. You visit linked Websites at your own risk and it is your responsibility to take any protective measures to guard yourself and your computer against viruses and other destructive elements. Peace of Mind is not responsible for and, unless it expressly states otherwise in writing, makes no warranty or representation regarding and does not endorse any linked Website or any service, product or information provided on or through the linked Website. Inclusion of hyperlinks to linked Websites on the Web site does not imply (i) that Peace of Mind sponsors, endorses, or is affiliated or associated with the linked Website, (ii) that Peace of Mind is legally authorized to use any trademark, trade name, logo, service mark, copyright symbol, legal or official seal, or other proprietary designation or symbol displayed in or accessible through the links, or (iii) the operator of any linked Website is authorized to use any trademark, trade name, logo, copyright symbol, or other proprietary designation in which Peace of Mind or any of its affiliates has any ownership or licensee interest.
ERRORS AND DELAYS
Neither Peace of Mind, Peace of Mind, Peace of Mind, any supplier or licensor or any owner or agent of any such person or entity is responsible for any errors or delays in responding to an inquiry, question or submission, including, without limitation, those caused by (i) an incorrect e-mail address or telephone number provided by you, (ii) the failure of Peace of Mind or any other individual to timely respond to a question or submission, or (iii) technical problems.
DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of the Web site, to the goods or services provided by Peace of Mind, or to any acts or omissions for which you may contend Peace of Mind is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of JAMS in force at that time. The arbitration shall be venued in Cook County, Illinois. The arbitrator shall be selected pursuant to the JAMS rules. Should no JAMS rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to Peace of Mind. The costs of arbitration shall be paid by the non-prevailing party.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Albuquerque, New Mexico. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND Peace of Mind WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable and are subject to very limited review by a court. By using the Services or accessing the Web site, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Peace of Mind, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Cook County, Illinois. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees from the non-prevailing party.
MISCELLANEOUS
This Agreement, including the Privacy Policy, constitutes the entire agreement between you and Peace of Mind and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Peace of Mind with respect to the Web site and information, software, products and services associated with it. Peace of Mind and you are intended to be independent contractors, and nothing in this Agreement shall be deemed to establish any relationship of partnership, joint venture, employment, franchise or agency between Peace of Mind and you. This Agreement shall be subject to and construed in accordance with the laws of the State of Illinois, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
Peace of Mind’s contact information, should you need to contact Peace of Mind for any reason, is:
Peace of Mind
4801 Lang Ave. NE
Suite 110, Albuquerque
NM 87109
info@wegiveyoupeaceofmind.com
Phone:
866-4-way-out or 866-492-9688
Security
Peace of Mind uses extensive and sophisticated secure technology to protect your data and transmissions between you and Peace of Mind. Transmission between browsers and our web server is implemented using Secure Sockets Layer (SSL) technology. This technology requires an SSL-capable browser. Our database is physically separated from our web server and is protected by a physical firewall. Although Peace of Mind has taken these reasonable and appropriate measures to ensure that your personal information is delivered and disclosed only in accordance with your instructions, Peace of Mind cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.
Changes to Privacy Policy
If we make a change to our Privacy Policy in the future that will affect how we treat your information, we will post such change at the Web site, and such change will be deemed to be effective 10 days from the date of such posting. In that case, your ability to opt out of the new policy will be determined by applicable laws.
Business Transfer
We may, in the future, sell or otherwise transfer some or all of our assets or equity to a third party. Your personally identifiable information and other information we obtain from you via the Web site may be disclosed to any potential or actual third party purchasers of such assets or equity and may be among the assets transferred.
Acceptance
This Privacy Policy is incorporated into and subject to our Terms of Use Agreement [hot link this reference to the Peace of Mind Terms of Use]. If you do not agree to the terms of this Privacy Policy, please do not provide us with any information and do not use the Web site. By using the Web site and voluntarily providing information to us, you consent to our collection and use of the information as set forth in this Privacy Policy.
Links
The Web site may contain links to other Websites that are owned and operated by third parties that are not affiliated with us. When you use those links, you leave the Web site and we are unable to control how the owners of the Websites you link to handle any information they gather about you, including their privacy practices and use of cookies. This Privacy Policy applies only to the Web site and does not govern activities on linked Websites. We encourage you to review the privacy policy of any other Website you visit to understand its owner’s practices on how it collects, uses and discloses your information.
Opt-Out Instructions
If you choose not to receive our newsletters and other communications about products and services we think may interest you, you may opt out by emailing Peace of Mind at info@WeGiveYouPeaceofMind.com. This opt-out does not apply to communications we have with you to complete your order or provide the service you requested. Understand, however, that, by electing this option, you may limit the functionality of the Web site and the amount of information and services we can provide to you. You may revoke your opt-out option at any time by contacting us using the information provided above.