Terms and Conditions
HARP Loan Advisor_ Terms and Conditions
Last Updated: June 19, 2017
By using or accessing HARPLoanAdvisor.org_ (the "Site"), or any of the Site's Content (as defined below), you acknowledge that you agree to, and are subject to, the following terms and conditions (the "Terms"). If you do not fully agree to these Terms, you may not access or otherwise use the Site.
You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and AdSkale, LLC, a California limited liability company that is the owner of the Site ("AdSkale", "we," "us" or "our"). You covenant, represent, and warrant that you have any and all authorizations as may be necessary to enter into this agreement and that your use of the Site, including the provision or use of any Content, does not violate any applicable law. If you are using the Site on behalf of an employer or other entity, you represent and warrant that you have the authority to bind such entity to the Terms.
You must be a resident of the United States (including its territorial possessions) and at least eighteen (18) years of age to have permission to access and use the Site.
THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (please see, in particular, Sections 9, 10, 11, and 13). These provisions form an essential part of our bargain. If you do not agree to these terms and conditions, you are not authorized to access or use the Site, and you are to cease accessing or otherwise using the Site.
1. Our Services.
PLEASE BE ADVISED THAT WE ARE NOT A PARTY TO ANY LOAN, BROKERAGE AGREEMENT, OR OTHER FINANCIAL OR INSURANCE AGREEMENT OR TRANSACTION. We do not offer or sell any financial or insurance products or services which may be described on our Sites. Instead, our Sites act as venues to allow lenders, brokers, and others in the finance and insurance industries ("Service Providers") and other parties who are customers of our Sites, such as marketing partners and finders working on behalf of Service Providers (the "Service Provider's Agents"), to offer for sale and sell, in a variety of formats, financial and other authorized products to potential consumers of legal age (each, a "Prospect"; all Prospects and Service Providers, and Service Provider Agents are referred to together as the Site's "Users") who have visited one of our affiliated Sites and applied to receive financial or insurance products or services or other authorized quotations (the "Service") from a Service Provider. We are not involved in the actual transaction between any Prospect and any Service Provider even though we may, through our affiliate Sites, and with each Prospect's authorization, collect certain information (collectively, a "Lead") about any Prospect and sell such Lead to a Service Provider or that Service Provider's Agent. As a result, the quality, safety, or legality of the products offered by any Service Provider for sale, the truth or accuracy of the representations regarding such products, the ability of Service Providers to offer or sell such products or the ability of Prospects to pay for the products offered are solely the responsibility of each User, and we remain a separate and independent contractor for all purposes. Importantly, we do not issue insurance contracts or bind coverage, nor do we lend or broker any financial products or services. We are not responsible in any way for the conduct of any Prospect, Service Provider, or Service Provider's Agent, and we do not endorse or recommend any particular company, Service Provider, Service Provider's Agent, or the products or services they offer or are otherwise associated with. We do not provide insurance, tax, legal or any other financial advice. We do not guarantee that any of the Service Providers and Service Provider's Agents to whom we forward any Prospect's application will contact such Prospect or agree to provide the Prospect with the desired coverage, loan, or other service. If you are a Prospect and you would like personal advice or specific recommendations regarding financial or insurance products or services, please consult with a financial or insurance agent, broker or other qualified professional.
The Service Providers that can provide you with financial loans, insurance quotes, conditional offers, or other products or services may not respond with offers until they obtain additional information from you, and you may not be matched with the Service Provider making any specific quote or offer. Although AdSkale is compensated by its network of Service Providers and Service Provider's Agents when we display advertisements for their products and services to you and/or when you respond to a quote or offer for financial or insurance products or services from our network of affiliate Service Providers and Service Provider's Agents, AdSkale does not make any decisions in connection with the offering or securing of any loan or other financial product or service or with the underwriting or offering of any insurance product or service. Any compensation from Service Providers and Service Provider's Agents to AdSkale is payment for their use of AdSkale's services, tools and facilities. Your use of the Site and/or the Services constitutes your agreement with this compensation arrangement.
The Site and the products and services provided or advertised on and through the Site may not be available in all states, and the availability of such services and the products offered on and through the Site may change from to time without notice. Service Providers are not attempting to offer financial or insurance products or services outside of their authorized states or country by participating in and offering their products and services on the Site. Service Providers and Service Providers' Agents may discontinue, suspend or terminate the offering of any insurance or financial products or services in any specific state through the Site at any time, without prior notice.
The data and other information you may provide AdSkale is not, and is not treated as, an application for insurance or financial product or service, nor as a request to be pre-approved, pre-qualified, or any similar concept, for such products or services. Completing our forms does not obligate you to purchase a service or product from a Service Provider, nor does it obligate a Service Provider to agree to provide you with any particular product or service about which you may have inquired. And, you might not be matched with a Service Provider making any specific offer. Additionally, unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for an insurance or loan commitment or a rate lock-in agreement. AdSkale does not guarantee acceptance into any particular insurance or financial program or the specific terms or conditions of any Service Provider; approval standards for the products and services offered by our affiliate Servicer Providers are established and maintained solely by the individual Service Providers. Likewise, AdSkale does not guarantee that the rates or terms offered and made available by its participating Service Providers are the lowest rates available in the market or the best terms available, and not all Service Providers in our network offer all products featured on the Site. Service Providers' offers may be subject to market conditions, approval and qualification. The rates and fees actually provided by Service Providers may be higher or lower depending on your complete profile and other considerations (depending on your location, credit score, debt-to-income ratio, loan-to-value ratio, and other factors). Available rates and terms are subject to change daily without notice.
To help the government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, Service Providers may obtain, verify, and record information that identifies each person who applied for or obtained insurance or financial products or services from them. For example, they may ask for your name, Social Security Number or driver's license number, address, date of birth, and other important information, that will allow proper identification of you. During the Service Provider application process, they may also ask for additional information.
By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing, a request for quotes or additional information or any other submission ("submission"), you understand that you are agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to insurance or other financial product or service through AdSkale to each of the Service Providers or Service Provider's Agents to whom your request is transmitted. By including your telephone number and email address in any submission, you are extending an express invitation and providing your express written consent to us and to each Service Providers or Service Provider's Agent you have been matched with (i) to contact you by telephone at the numbers you have provided (including through auto-dialed, pre-recorded, artificial voice, and/or text messages) so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list, or (ii) to contact you by email at any email address you provided. You understand that you are not required to provide this consent to contact you as a condition of purchasing any goods or services. You represent that all of the information you have provided in your submission is true and complete.
By submitting information on an insurance or financial request form or similar form, you authorize us to provide such information to our affiliate Service Providers and these Service Providers' Agents in order to help you complete your request (including providing you with information about other products or services in which you have expressed an interest). Additionally, where applicable (such as by submitting a request for a loan or for auto insurance), you authorize the Service Providers and the Service Providers' Agents to verify the accuracy and authenticity of all information supplied by you, both internally and with the assistance of unaffiliated third parties.
2. Personal Use.
Although we do charge a fee to Service Providers and Service Providers' Agents to purchase Leads, and although we may from time to time charge Users fees for utilizing various other services that may now or in the future be provided by our Site, we do not charge Users to access the public portions of our Site. Accordingly, we grant each User a limited, revocable, non-exclusive license to access the Site in order to, as applicable, view or make legitimate inquiries to us regarding our Service, all in accordance with these Terms. We further grant each Service Providers and Service Provider's Agent a limited, revocable, non-exclusive license to access the password-protected portions of the Site or the Service (as applicable) in accordance with these Terms or any written agreement between us and the Service Providers or Service Provider's Agent. Any other use of the Site or the Service is expressly prohibited.
Importantly, this limited license does not include any right of collection, aggregation, copying, duplication, display or modification of the Site or the Service, nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided that they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
Rights and Downloading of Information from the Site.
This Site is
protected by copyright as a collective work and/or compilation, pursuant to
U.S. copyright laws, international conventions, and other copyright laws. The
text, files, images, photos, maps, and other materials on the Site and/or
available through the Service (collectively, the "Content") are only
for each User's personal use in accordance with the limited license grant
contained herein or (in the case of Service Providers and Service Providers'
Agents) also pursuant to any separate written agreement. All Content on the
Site, and the Site itself, is protected by copyright and database rights, and
you will abide by any and all additional copyright (or other proprietary)
notices, information, or restrictions contained in or relating to any Content
on the Site. Copying or storing of any Content other than for your personal,
noncommercial use is expressly prohibited without the prior written permission
from us or the applicable copyright holder. All trade and service marks and
logos used on the Site (including, without limitation, the Site's domain name)
are the exclusive property of AdSkale or its licensors (as applicable), and all
goodwill arising from the usage thereof shall inure to our (or our licensors',
as applicable) sole benefit.
Unless otherwise provided within these Terms, or unless otherwise applicable law requires us to allow you to do so, you may not do any of the following without our prior written consent:
á Copy reproduce, upload, post, display, republish, distribute, or transmit any part of the Content in any form whatsoever;
á Reproduce any portion of the Site or the Service on your website or otherwise, using any device including, but not limited to, use of a frame or border environment or other framing technique, to enclose any portion or aspect of the Site or Service, or mirror or replicate any portion of the Site or Service;
á Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Site or Service;
á Reverse engineer any part of this Site or the Service;
á Sell, offer for sale, transfer, or license any portion of the Site or Service in any form to any third parties;
á Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the Content or any portion of the Site or Service;
á Use the Site other than to learn about our Service and to make legitimate inquiries to us regarding our Service;
á Use the Site to create any false or fraudulent account or inquiry;
á Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms;
á Post or transmit any information that constitutes or contains false or misleading indications of origin or statements of fact;
á Use or access the Site in any way that, in our sole discretion, adversely affects the performance or function of the Site or any other computer systems or networks used by us or the Site, or infringes on our copyright or any copyright of our Service Providers or Service Providers' Agents;
á Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark or patent rights, rights of publicity or privacy or any other proprietary rights;
á Upload or transmit to the Site or use in connection with the Site any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, or in any way disrupt or intercept the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, systems or networks; or
á Disguise the origin of any information or inquiry transmitted through the Site.
If we believe that you are engaging in any activity through or in connection with the Site or the Service that appears to be in violation of the above, or in violation of any other provision of these Terms, we may, without limiting our other rights and remedies, immediately terminate any further use of the Site or Service by you without notice.
5. Changes to Site.
We may change, remove, suspend, or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or Content, with or without notice. We may also impose limits on certain features or services or restrict your access to parts or all of the Site without notice to you or liability to us.
6. Your Email
Each User acknowledges and agrees that, regardless of such User's physical location, we may store and process any data transmitted to the Site from such User at locations both within and outside of the United States. By using the Site, you consent to the transfer of your information to the United States and agree that any transactions you conduct through the Site will be deemed to have occurred in the United States.
User verification on the Internet is difficult, and we cannot and do not confirm each User's purported identity. We encourage you to use appropriate caution with anyone with whom you may be doing business via the Site or the Internet, generally. If you are a Service Provider or a Service Provider's Agent, you agree to (i) keep your password and online ID for the Service secure and strictly confidential, providing it only to authorized users of your account, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. When you give someone your online ID and online password, you are authorizing that person to access and use your account, and you are responsible for any and all transactions that person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed. EACH USER ACKNOWLEDGES AND AGREES THAT: (i) NEITHER ADSKALE NOR ANY OF ITS AFFILIATE SERVICE PROVIDERS OR SERVICE PROVIDERS' AGENTS WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER'S ONLINE ID AND PASSWORD THAT OCCURS BEFORE SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH ONLINE ID AND PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (ii) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH ADSKALE AND OTHER USERS. Further, we may suspend or cancel your account or your access to the Site and/or the Service at any time with or without notice if we suspect that your account and/or password is being used in an unauthorized or fraudulent manner.
9. Limitation of
IN NO EVENT WILL ADSKALE, OUR AFFILIATE SERVICE PROVIDERS OR SERVICE PROVIDERS' AGENTS, OFFICERS, MEMBERS, MANAGERS, DIRECTORS AND/OR EMPLOYEES (COLLECTIVELY, THE "ADSKALE GROUP") BE LIABLE FOR ANY LOST PROFITS OR DATA OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR SITE OR SERVICE, THESE TERMS, YOUR USE OF THE SITE OR THE SERVICE AND/OR ANY TRANSACTION BETWEEN SERVICE PROVIDERS, SERVICE PROVIDERS' AGENTS, AND PROSPECTS OR BETWEEN SITE USERS, GENERALLY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) STRICT LIABILITY, (iv) TORT, (v) NEGLIGENCE, OR (vi) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE, IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST THE ADSKALE GROUP, ANOTHER USER OR THE SITE WITH RESPECT TO THESE TERMS OR THE SITE ITSELF, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE AND THE SERVICE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE ADSKALE GROUP, TO YOU OR TO ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICE, IN THE AGGREGATE FOR ANY AND ALL CLAIMS, IS LIMITED TO THE GREATER OF (i) AMOUNT OF FEES ACTUALLY RECEIVED BY US FROM YOU DURING THE CALENDAR MONTH DURING WHICH SUCH ALLEGED CLAIM(S) ACCRUED, AND (ii) $100.00.
THE SITE AND THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE OR THE SERVICE, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE SERVICES, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE OR THE SERVICE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS AND ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY SERVICES, MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
BY YOUR USE OF THIS SITES, YOU ARE AGREEING TO RELEASE AND DISCHARGE THE ADSKALE GROUP AND ITS THIRD PARTY SUPPLIERS AND BUSINESS PARTNERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND EXPENSES OF ANY KIND OR NATURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITES. ADDITIONALLY, IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE SITE AND THE ADSKALE GROUP (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS) INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN A PROVIDER AND PROSPECT REGARDING ANY TRANSACTION), ANY ACT (OR FAILURE TO ACT) BY YOU OR OTHER USERS OF YOUR ACCOUNT OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. THE ADSKALE GROUP RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.
13. Dispute Resolution.
These Terms shall be treated as though they were executed and performed in the Commonwealth of Pennsylvania and shall be governed by and construed in accordance with the laws of the United States of America and Commonwealth of Pennsylvania (without regard to conflict of law principles).
SHOULD A DISPUTE ARISE BETWEEN YOU AND ADSKALE (OR, WITH RESPECT TO DISPUTES INVOLVING YOUR DATA SUBMITTED THROUGH THE SITE OR THE SERVICE, BETWEEN YOU AND ANY PERSON WHO PURCHASES SUCH DATA) CONCERNING THE TERMS AND CONDITIONS OF THESE TERMS, THE BREACH OF SAME BY ANY PARTY HERETO, ANY DATA SUBMITTED BY YOU, THE SITE OR SERVICE OR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY ADSKALE, YOU AGREE TO SUBMIT THE DISPUTE FOR RESOLUTION BY FINAL AND BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION IN PHILADELPHIA, PENNSYLVANIA, IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. THE ARBITRATION WILL BE ADMINISTERED BY A SINGLE ARBITRATOR, WHO WILL BE EMPOWERED TO AWARD ANY FORM OF INDIVIDUAL RELIEF, INCLUDING INJUNCTIVE RELIEF. IN ORDER TO KEEP HEARING COSTS DOWN, HEARINGS MAY, AT YOUR REQUEST, BE CONDUCTED TELEPHONICALLY OR ENTIRELY UPON SUBMISSIONS. IN ADDITION, IN THE EVENT THAT YOU PREVAIL AT THE HEARING, AND THE AMOUNT AWARDED TO YOU BY THE ARBITRATOR IS GREATER THAN ADSKALE'S LAST WRITTEN SETTLEMENT OFFER TO YOU, ADSKALE AGREES TO PAY TWICE THE AMOUNT OF YOUR REASONABLE ATTORNEYS' FEES AND COSTS, AND A MINIMUM AWARD OF FIVE HUNDRED DOLLARS ($500). HOWEVER, NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ADSKALE FROM SEEKING INJUNCTIVE RELIEF IN ORDER TO PROTECT ITS INTELLECTUAL PROPERTY OR TRADE SECRET RIGHTS BY BRINGING AN ACTION IN ANY COURT OF COMPETENT JURISDICTION, INCLUDING THE STATE AND FEDERAL COURTS LOCATED IN PHILADELPHIA, PENNSYLVANIA. YOU MAY OPT OUT OF THIS ARBITRATION REQUIREMENT BY NOTIFYING ADSKALE IN WRITING AT 2637 E. ATLANTIC BLVD #19028, POMPANO BEACH, FL 33062 WITHIN THIRTY (30) DAYS AFTER SUBMITTING YOUR DATA THAT IS INVOLVED IN THE DISPUTE.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BRING, JOIN OR PARTICIPATE IN ANY CLASS ACTION, CONSOLIDATED, MULTI-DISTRICT OR COLLECTIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION LAWSUIT AS TO ANY CLAIM, DISPUTE OR CONTROVERSY THAT YOU MAY HAVE AGAINST ADSKALE OR ITS AFFILIATE SERVICE PROVIDERS OR SERVICE PROVIDERS' AGENTS (OR, WITH RESPECT TO CAUSES OF ACTION INVOLVING YOUR DATA SUBMITTED THROUGH THE SITE OR THE SERVICE, AGAINST ANY PERSON WHO PURCHASES SUCH DATA), AND/OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, REPRESENTATIVES, AND ASSIGNS. YOU AGREE TO THE ENTRY OF INJUNCTIVE RELIEF TO STOP SUCH A LAWSUIT OR TO REMOVE YOU AS A PARTICIPANT IN THE SUIT. YOU AGREE TO PAY THE ATTORNEYS' FEES AND COURT COSTS THAT ADSKALE OR ANY PERSON PURCHASING YOUR DATA INCURS IN SEEKING SUCH RELIEF. THIS PROVISION PREVENTING YOU FROM BRINGING, JOINING OR PARTICIPATING IN CLASS ACTION, CONSOLIDATED, MULTI-DISTRICT, OR COLLECTIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION LAWSUITS IS AN INDEPENDENT AGREEMENT AND DOES NOT CONSTITUTE A WAIVER OF ANY OF YOUR RIGHTS AND REMEDIES TO PURSUE A CLAIM INDIVIDUALLY AND NOT AS A CLASS ACTION IN BINDING ARBITRATION AS PROVIDED ABOVE. ANY PERSON WHO PURCHASES DATA SUBMITTED BY YOU THROUGH THE SITE OR SERVICE SHALL BE DEEMED A THIRD-PARTY BENEFICIARY OF THE FOREGOING PROVISIONS IN THIS SECTION 13 AND SHALL BE ABLE TO ENFORCE SUCH PROVISIONS DIRECTLY AGAINST YOU.
If any provision contained in these Terms is determined to be invalid, illegal, or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the original meaning of the severed provision while conforming to applicable law, and the remaining provisions of these Terms will remain in full force and effect. Should a dispute arise between you and AdSkale and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit brought by AdSkale to enforce its intellectual property or trade secret rights, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Philadelphia, Pennsylvania, and you hereby consent to the exercise of jurisdiction and venue by such courts. If either party employs attorneys to enforce any right in connection with a dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees.
14. No Agency.
The relationship between AdSkale and each User is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relations is intended or created by these Terms or your use of the Site.
Except as explicitly stated otherwise, any notices shall be submitted (in the case of you contacting us) by certified postal mail, return receipt requested, to:
Attn: General Counsel
214 Main St #186
El Segundo, CA 90245
or, when we need to send you notice, to any email address you may provide to the Site during the registration process or when submitting an inquiry (as applicable). Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any address provided to us during the registration process or when submitting an inquiry (as applicable). Notice, if by mail, shall be deemed given upon its actual receipt, and if by email, then (twenty-four) 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.
We reserve the right, in our sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Notification of changes to these Terms will be posted on the Site and will be effective immediately thereafter. Your submission of a quote request and/or other use of the Site following the posting of any such change, modification or amendment to these Terms will constitute your acceptance thereof. When we post changes to these Terms, we will revise the "last updated" date at the top of these Terms. Accordingly, you should periodically check the "last updated" date at the top of these Terms so that you can familiarize yourself with any changes.
As AdSkale asks others to respect its intellectual property rights, it respects the intellectual property rights of others, and requires its Users to do so. If you are a copyright owner or an agent thereof and believe that any third-party Content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C ¤ 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on or available through our Site are covered by a single notification, a representative list of such works at those locations; (iii) 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 AdSkale to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) 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 (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. AdSkale's designated Copyright Agent to receive notifications of claimed infringement is Copyright Agent, 2637 E Atlantic Blvd #19028, Pompano Beach, FL 33062. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to AdSkale's customer service. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. In the event that you believe AdSkale removed any of your Content in response to a false notice of copyright infringement, you should notify AdSkale promptly in writing through its Copyright Agent pursuant to the DMCA, at the mailing address provided above. Such notification should include: (i) your physical or electronic signature; (ii) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; (iv) your name, address, telephone number, and email address; (v) a statement that you consent to the jurisdiction of the U.S. District Court for the Eastern District of Pennsylvania; (vi) and a statement that you will accept service of process from the person who provided notification of the alleged infringement. Furthermore, you should include a clear statement of your acceptance of process pertaining to the notifying party or the agent of the party as defined in DMCA ¤ 512(c)(1)(C). If a counter-notice is received by the Copyright Agent, AdSkale may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider or User, the removed Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole and absolute discretion. AdSkale has a policy of terminating the account of, or denying access or use of the Site to, in its sole and absolute discretion, any User who repeatedly infringes the copyrights or other intellectual property rights of others.
18. Links to
Our Sites may contain links and pointers to other internet sites maintained by third parties. Please note that links and pointers to and from our Sites and internet sites maintained by third parties, do not constitute an endorsement by the AdSkale Group of those third party sites, and we are not responsible or liable for the information, content, activities, or other practices of any third party, including any third party operating any website to which one of our sites contains link or pointers.
19. Your Record of
We do not separately file the Terms entered into by each User of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.