Terms
March 16, 2021
By accessing, browsing and/or using https://security-select.com (the "Site"), you acknowledge that you have read, understand, and agree to be bound to the Privacy Statement, these terms ("Terms") (including the arbitration and class action waiver provisions below), and to comply with all applicable laws and regulations. The Sites's owner, parent, subsidiary, and affiliated companies, and each of their respective officers, directors, members, owners, employees, agents, and representatives are included in any reference to the "Site", "Consumer Listing Technologies", "Us", and/or "We" herein.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, please do not use the Site.
By using this Site, you represent that you are at least 18 years old and that you are legally able to enter into this agreement.
Your Use of the Site
The Site contains intellectual property owned by Us and other third parties. The Site hereby grants you a limited license to use the Site solely for your personal, non-commercial use, subject to these Terms. No other use of the Site is authorized, and the design and layout of the Site are specifically excluded from the above limited license. Framing of the Site is strictly prohibited.
The services, products, technology, and/or processes described and/or used on the Site may be the subject of intellectual property rights reserved by the Site or other third parties. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of the Site or any third party (including any trademarks).
You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing," or "crashing"; or (d) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used to provide the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
Third Party Links and Advertisements
The Site may contain links to third party websites. The Site generates leads on behalf of lead aggregators and their network of lead purchasers, as well as lead purchasers, and advertisers, and helps connect individuals with third parties offering consultation services regarding a potential products liability claim, or other services. No representations or warranties are made with respect to any information or services provided by such third parties, or which is contained in or at such third party websites and there shall be no liability for any damages or injury arising from the conduct of such third parties, and/or the content of such third party websites. You agree to hold Us harmless from any claims which you may have against a third party that contacted you based on your request, or which you linked to or accessed through the Site.
Policy against Advertising our Site using Unsolicited Email Messages
We require that all e-mails promoting the Site are sent only to individuals who have agreed to receive such messages. We prohibit any advertising of our Site using unsolicited email messages. If you feel that you have been sent unsolicited emails promoting the Site and would like to register a complaint, please email us at
[email protected]. We will investigate all allegations made related to any unsolicited messages. You may also opt-out of receiving future emails by clicking on the unsubscribe link of any email advertising the Site.
Disclaimer; Limitation of Liability
THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THERE SHALL BE NO LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SITE, EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT.
Indemnification
You hereby indemnify, defend, and hold harmless the Site, its owner, affiliates, and all officers, directors, owners, and agents (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms. You shall cooperate as fully as reasonably required in defense of any such claim. The Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Enforcement
In the event that We determine, in our sole discretion, that you have violated these Terms, We shall have the right to immediately terminate your use of the Site, in addition to electing to pursue any other remedies available to it under applicable law.
Choice of Law
The law of the State of Nevada without reference to their rules regarding conflicts of law shall govern use of the Site, the validity and construction of these Terms and the Privacy Statement, and the interpretation of the rights and duties arising under such.
Arbitration
Except as otherwise provided by applicable law, any and all controversies and disputes arising in connection with use of the Site, these Terms, the Privacy Statement, and/or their interpretation shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be Las Vegas, Nevada. Arbitration hereunder shall be conducted by one neutral arbitrator appointed by the AAA. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to this arbitration clause. Any disputes, including any threshold disagreement about the arbitrability of any claim, shall be delegated to the arbitrator (and not a court). In no event shall the arbitrator have any authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. Irrespective of the outcome of arbitration, each party shall bear its own costs and expenses, including its own attorneys' fees, and an equal share of the arbitrator's fees and administrative fees of arbitration. The arbitrator shall not determine or award any alternative allocation of costs and expenses, including any attorneys' fees. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. You agree and submit to the personal jurisdiction and venue of any such court of competent jurisdiction. In the event that this arbitration clause is deemed to be invalid or otherwise unenforceable or illegal, the remaining terms of this Agreement shall remain in full force and effect, including the waiver of the right to proceed in a class action. THE PARTIES AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CONSOLIDATED OR CLASS ACTION AND AGREE THAT ALL FORMS OF CLASS ACTION OR CLASS WIDE ARBITRATION ARE EXPRESSLY PROHIBITED. THE PARTIES UNDERSTAND THEY WILL NOT HAVE THE RIGHT TO A TRIAL BY A COURT OR A JURY AND THAT THE INFORMATION THAT CAN BE OBTAINED IN DISCOVERY FROM EACH OTHER OR FROM THIRD PERSONS IN ARBITRATION IS GENERALLY MORE LIMITED THAN IN A LAWSUIT. IN ADDITION, OTHER RIGHTS THAT THE PARTIES WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site, the Services, any products or services offered through the Site, and/or this Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.
E-Sign Consent.
By emailing
[email protected], you adopt such as your electronic signature, and consent and agree that: We may provide you with electronic communications and disclosures (collectively, "Communications") via email, by making them accessible on this Site or other website designated by Company; and your electronic signature on agreements and documents has the same effect as if you signed them in writing.
You may withdraw your consent to receive electronic Communications at any time by contacting Us via email at
[email protected]. Withdrawal of your consent to receive electronic Communications may lead to termination of your access to the Site. Any withdrawal will be effective only after a reasonable period of time in which to process your withdrawal request. You are responsible for providing us with true and accurate information, including contact information, and to maintain and update any such contact information. To update your contact information, please contact Us via email at
[email protected].
To access and retain the electronic Communications, you will need the following: access or use of a computer or mobile device with internet or mobile connectivity and an operating system capable of receiving, accessing, and displaying Communications; an internet browser that We support; sufficient storage space to save Communications and/or a printer to print them; and a valid email account and software to access such email account. You have the right to receive Communications in paper form. Please contact Us via email at
[email protected] to request a paper copy of any Communications at no charge. A request will not be treated as withdrawal of consent to receive electronic Communications.
Severability; Waiver
If for whatever reason, any term or condition in these Terms is determined to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Updates to Terms
These Terms were published on March 16, 2021. The Site shall have the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.
Personal Data & Privacy
All personal data that you provide to Us via this Site is subject to our Privacy Statement located at https://winningcasesamerica.com/privacy.html . The Privacy Statement is expressly incorporated into this Agreement by this reference.
Notices
To contact the Site with any inquiries or complaints, including any regarding these Terms, you may contact Us via email at
[email protected], or via mail at: Address: 2803 Philadelphia Pike, Suite B #223, Claymont, DE 19703.
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