Yes, there are restrictions on how our training materials and templates can be used
MFT offers comprehensive grant training, tools, and templates to organizations, individuals, consultants, and developers, supporting a confident, competent, and in-compliance workforce.
If you don’t agree to the terms of this Agreement, please don’t use our Website, Products, or Services.
MFT reserves the right to cancel or change the licenses granted by this Agreement. We reserve the right to replace Content with an alternative.
MFT reserves all rights that aren’t explicitly given to you under this license, including all copyright and intellectual property rights.
Attending, purchasing, or contracting for MFT Training or Templates does not constitute “work-for-hire” and does not give you expanded use rights that aren’t explicitly given to you under this license.
Access to our Content is limited to Members with active Subscriptions, registrations, or the prior written permission of MFT. If you are not an active Member, you should not access, share, or create derivative content from our Content.
Members acknowledge the restrictions on access to and use of MFT Content. Member will take all necessary steps to ensure compliance with this Agreement and will be liable to and indemnify MFT for any violations of this Agreement.
Overview of Our Products and Services
MFT offers an online networking service (Service) that allows our Members to use our Content to meet their specific training and compliance needs through the use of media-rich courses and other Products, which may include testing applications with scoring and reporting capabilities. This Agreement relates to your legal rights in using our Website and/or Services and/or Products.
Overview of Our Users
The terms “us” or “we” or “our” refers to MyFedTrainer, LLC (MFT), the owner of this Website.
Types of Users
A “User” is a collective identifier that refers to either a Visitor or a Member.
A “Visitor” is someone that merely browses our Website.
A “Member” is a licensed User who has registered with our Website to use our Services and/or Products, or purchased our Products or Services, or has executed necessary Agreements with us to use our Services and/or Products for a limited period of time. Members can be organizations, individuals, companies, consultants, and developers.
An “Active Member” is a Member who is currently using MFT Services and/or Products for permitted uses within the period of time specified by MFT.
An “Active Subscriber” is a Member who is using a Subscription to MFT Services and/or Products for permitted uses within the period of time specified by MFT.
Types of Content
All text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of our paid services, are collectively known as our “Content.”
A “Product” refers to all Training, Templates, Services, or Content offered or produced by MFT, whether as part of a stand-alone Product or part of a group of Services and/or Content that make up a Product or Products. Products are offered by MFT on a non-exclusive basis.
A “Service” is a Product that is largely dependent on the effort of an individual or team to deliver the desired results. Training, consulting, and development services are included in this definition.
A “Template” is a Product that is Content-based. Templates may be combined with Services, other Templates, or stand-alone Products.
A “Subscription” is a non-exclusive, non-transferable license to access and use MFT Products or Services for a limited period of time specified by MFT in compliance with the permitted uses for those MFT Products and Services.
Types of Subscriptions
A “Subscription” is a non-exclusive, non-transferable license to access and use MFT Products or Services for a limited period of time specified by MFT in compliance with the permitted uses for those MFT Products or Services.
MFT, at its sole discretion, reserves the right to offer a perpetual license with expensed use rights without an active Subscription as a “one-time” purchase option.
A “Training Subscription” is a type of Subscription that allows an Active Member the limited rights to access MFT training and other Content associated with the training. A Training Subscription can be purchased by organizations, individuals, companies, consultants, and developers, but the access to Training and other Content is registered on an individual user level. It is not permitted for Active Members to share Training links or Content with others who are not Active Members unless explicitly allowed by MFT. It is not permissible to record or live-stream training without the explicit written permission of MFT. This type of Subscription has limited permitted uses and is intended for Internal, and Educational, Non-commercial use.
An “Organization-Level” Subscription for MFT Templates is a type of Subscription that allows an Active Member the limited rights to use MFT Templates and access other Content associated with the Templates. An Organization-Level can be purchased by organizations and companies, but the access to Templates is registered on an individual user level. It is not permitted for Active Subscribers to share Template links or Content with others who are not Active Subscribers unless explicitly allowed by MFT. This type of Subscription has limited permitted uses and is intended for Internal, and Educational, Non-commercial use.
A “Consultant-Level” Subscription for MFT Templates is a type of Subscription that allows an Active Member the limited rights to use MFT Templates and access other Content associated with the Templates. A Consultant-Level Subscription can be purchased by organizations, individuals, companies, and consultants, but the access to Templates is registered on an individual user level. It is not permitted for Active Subscribers to share Template links or Content with others who are not Active Subscribers unless explicitly allowed by MFT. This level Subscription has broader permitted uses than an” Organization-Level” Subscription and is intended for Internal and External, and Educational, Non-commercial use.
A “Developer Level” Subscription for MFT Templates is a type of Subscription that allows an Active Member the limited rights to use MFT Templates and access other Content associated with the Templates. A Developer Level Subscription can be purchased by organizations, individuals, companies, consultants, and developers, but the access to Templates is registered on an individual user level. It is not permitted for Active Subscribers to share Template links or Content with others who are not Active Subscribers unless explicitly allowed by MFT. This level Subscription has broader permitted uses than an “Organization-Level” or “Consultant Level” Subscription. This level Subscription has broader permitted uses than an” Organization-Level” or “Consultant Level” Subscription and is intended for Internal and External, and Educational, Non-commercial use.
An “Extended Use Add-on” allows a Developer Level” Active Subscriber broader permitted uses of MFT Content, including a perpetual license to the purchased MFT Templates. This expanded one-time license allows an Active Subscriber to make and share derivative content produced from purchased Templates for Educational, Non-commercial uses with Attribution and without additional renewal of the annual Subscription. It also allows an Active Subscriber to continue to use the purchased Templates received during the annual Subscription period to produce derivative content. However, it does not allow a perpetual license to share purchased and unaltered MFT Templates. (Automatic annual renewal is strongly encouraged at a discount to get updates, additional, and expansions of MFT Templates.)
Types of Uses
“Attribution” means acknowledging MFT as the contributor with rights in the derivative content under this Agreement. This can be done through the inclusion of words, graphics, and logos
“Educational, Non-commercial Use” means any use where a fee is not charged, and the use is not the sale of the Content, including derivative Content, and the use is not intended to produce a profit. Non-commercial use means you cannot sell the MFT Content directly to any organization nor assign any rights to a client for MFT Content, including derivative content. With an active Consultant or Developer Subscription, you can use the MFT Templates to sell and deliver consulting or training services to multiple third parties.
“External Use” means for the use of Content, including derivative content by third parties which have been authorized by the Active Subscriber to use the Content for Educational, Non-commercial use and for which the Subscriber has acquired and paid for the right to use the Content. Consultant-Level and Developer-Level Subscriptions are examples of Subscriptions that allow both Internal and External use.
“Internal Use” means the use of employees or contractual workers for one organization who has been authorized by the Active Subscriber to use the Content in their work and for which the Subscriber has acquired and paid for the right to use the Content. Organization-Level Subscriptions are an example of a Subscription that only allows Internal use.
While you have an active Subscription, use our Training to increase professional development, improve organizational efficiency and effectiveness, and support compliance with laws, regulations, and terms and conditions.
While you have an active Subscription, use our Templates to create amazing training presentations, comprehensive documents, and other resources (also called derivative content) that engage your audience, support adult learners, improve organizational efficiency and effectiveness, and support compliance with laws, regulations, and terms and conditions.
If you have an Organization Level Subscription, our Templates and derivative content can only be used by your organization for Internal, Educational, Non-commercial use.
If you have a Consultant or Developer Level Subscription, our Templates and derivative content can be used for Internal and External Educational, Non-commercial use.
If you create derivative content as a service for another organization under a Consultant or Developer Level Subscription, that organization should maintain an active Organization Level Subscription for continued use of the derivative content, as well as updates and additions to our Templates.
If you wish to continue to use our Templates, including derivative content, without an active Subscription, you must purchase a one-time Expanded Use Add-on to permit that continued use. Only Developer Level Subscriptions are eligible to purchase the Expanded Use Add-on for Templates.
Permitted Uses for an Organization-Level Subscription
- For one organization with up to a number specified by MFT
- One User
- Educational, Non-commercial use
- Co-branding allowed
- An Active Subscription is required for updates and continued use
Permitted Uses for a Consultant-Level Subscription
- Consultant multi-use with organizations of up to a number of employees specified by MFT
- Up to three Users
- Educational, Non-commercial use
- Co-branding allowed
- An Active Subscription is required for updates and continued use
Permitted Uses for a Developer Level Subscription
- Developer multi-use with organizations of over a number of employees specified by MFT
- For organizations with over a number of employees specified by MFT
- Up to ten Users
- Brand as your own with Attribution
- Educational, Non-commercial use, but licensed Users with an active Developer-Level Subscription may purchase an Extended Use Add-On license to use with specific Products for an additional fee, subject to the following terms:
- The use must be in accordance with these terms.
- The use by third parties must be only for their use and must be in accordance with these terms.
- Any other uses must be approved in writing by MFT
All Products and Services-Prohibited Uses
Except as may otherwise be permitted in this Agreement, Member shall not:
- Reproduce, publish, display, distribute, sell, sublicense, transfer, rent, lease, broadcast, file share, load, disclose, or otherwise make available the MFT Content, or any part thereof, to any third party
- Reverse engineer, disassemble, decompile, or otherwise attempt to derive source code from the MFT Content or any part thereof
- Modify, translate, adapt, alter, or create derivative works (as defined under the United States copyright laws) based upon the MFT Content or any part thereof
- Remove any proprietary notices, labels, trademarks, or service marks on any MFT Content
- Merge the MFT Content, or any component thereof, with another program
- Except as explicitly permitted, use or display the Content in a way that would give the impression the content was created by you or a person other than the copyright holder of the Content, including claiming ownership of or exclusive rights to the Content.
- Use the Content in a way that is obscene, immoral, infringing, defamatory, or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content in a bad light or in a way they may find offensive.
If you do not have an active Subscription, do not access our Training nor allow others to use our Training.
If you do NOT have an active Subscription or purchased an Expanded Use Add-on, do NOT use our Templates, including derivative content, nor allow others to use our Templates, including derivative content created by you.
It is NOT permitted to sell our Templates, including derivative content created from our Templates to others. However, the service of creating comprehensive documents (also called derivative content) that improve efficiency and effectiveness, as well as support overall compliance with laws, regulations, and terms and conditions from our Templates, is not considered selling our Templates.
Acceptance of Agreement
This Agreement is between you and MFT.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE ACCESS AND/OR BROWSE IT FURTHER.
This Agreement constitutes the entire and only Agreement between you and MFT and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Content, Services and/or Products, and the subject matter contained herein. As stated, in order for you to use our Services and/or Products, you will also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated. We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound by any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Website or Products and Services. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website and Services and/or Products.
MFT grants you a non-exclusive, non-transferable, revocable license to access and use our Website, Content, and Services, and/or Products strictly in accordance with this Agreement. Your use of our Website and Services and/or Products are solely for Internal, personal, and Educational, Non-commercial use unless otherwise provided in this Agreement. No printout or electronic version of any part of our Website, Content, or Services and/or Products may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, or Services and/or Products provided therein.
Our Relationship with You
MFT’s relationship to you is at all times that of an independent contractor. This Agreement in no way creates any agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between you and MFT.
Our Intellectual Property
Our Website may contain our service marks or trademarks, as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website, Content, or Services, and/or Products does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of MFT.
Our Content, as found on our Website and Services and/or Products, is protected under the United States and International copyrights. The copying, redistribution, use, or publication by you of any such Content, is strictly prohibited. Your use of our Website and Services and/or Products does not grant you any ownership rights to our Content.
Digital Millennium Copyright Act Compliance
Our Website will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the United States Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on our Website;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify you by the method of contact you used to file your notice with us.
Eligibility and Registration for Membership
When you complete the registration process, you may receive a password that will allow you to access our Services and/or Products. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security. You agree that MFT cannot and will not be liable for any loss or damage arising from your failure to comply with password security, as discussed herein.
The opinions expressed on our Website are not necessarily the opinions of MFT. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current, or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Website. We reserve the right to make alterations or deletions to the Content at any time without notice.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website will be error-free, free of viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable. We may make changes to our Website, Content, or Services, and/or Products at any time. We reserve the right in our sole discretion to edit or remove any documents, information, or other content appearing on our Website, Content, or Services, and/or Products.
You hereby acknowledge that nothing contained in our Website, Content, or Services and/or Products shall constitute professional advice and that no professional relationship of any kind is created between you and MFT or our Members. You hereby agree that any actions you take, based in whole or in part on anything contained in our Website, Content, or Services and/or Products, are solely your responsibility and that MFT and our Members have no liability for your actions or reliance upon our Website, Content, or Services and/or Products.
Advertisers and Sponsors Disclaimer
Our Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy, or problem in advertiser or sponsor materials. THE INCLUSION OF THIRD-PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY MFT, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY SERVICES AND/OR PRODUCTS CONTAINED THEREIN.
Our Website or Services and/or Products may be temporarily unavailable from time to time for maintenance or other reasons. MFT assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, Member communications. MFT is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with our Website or Services and/or Products, including without limitation any software provided through our Website or Services and/or Products. Under no circumstances will MFT be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website, Content, or Services and/or Products, or for any interactions between Users of our Website or Services and/or Products, whether online or offline.
MFT reserves the right to change any and all Content, software, and other items used or contained in our Website or Services and/or Products at any time without notice.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS, ” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES AND/OR PRODUCTS MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. MFT, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES AND/OR PRODUCTS. MFT CAN NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES AND/OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. MFT DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES AND/OR PRODUCTS, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND/OR PRODUCTS, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AND/OR PRODUCTS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MFT. OUR WEBSITE AND SERVICES AND/OR PRODUCTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES AND/OR PRODUCTS SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
MFT, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website, Content, or Services and/or Products; (b) the unavailability or interruption of our Website or Services and/or Products; (c) your use of our Website or Content; or (d) any delay or failure in performance of our Website and Services and/or Products beyond our control.
IN NO EVENT WILL MFT OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, OR SERVICES AND/OR PRODUCTS, EVEN IF MFT IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MFT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR ONE (1) MONTH’S MEMBERSHIP FEE OR THE COST OF THE PRODUCT OR SERVICE, DEPENDING ON WHAT GAVE RISE TO THE LIABILITY.
Use of Information
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Linking to Our Website
You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or immoral activities, and (c) you discontinue providing links to our Website immediately upon request by us.
Links to Other Websites
Our Website may, from time to time, contain links to third-party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with or sponsor such third-party websites. The inclusion of links to any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the Service, information, content, and/or data of such third party websites. MFT has no control over the legal documents and privacy practices of third-party websites; as such, you access any such third-party websites at your own risk.
Payment of Fees for Service
You represent and warrant that when you pay us for using our Services and/or Products that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii), you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment. You understand that if you fail to make timely payment for using our Services and/or Products, we reserve the right to suspend your Member account until payment is made. If payment is not made within forty-five (45) days of the due date, we may even terminate your Member account.
We typically do not offer refunds for our Services and/or Products. However, under certain circumstances and subject to our sole discretion, we may refund you your last month’s fees, or the amount paid by you to us for our Services and/or Products, within thirty (30) days of you notifying us in writing of your desire for the refund, together with the reason for the request.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website, or Services and/or Products.
Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Services and/or Products, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Services and/or Products, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Tampa, Florida, United States, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Florida, the United States, necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.
This Agreement shall be treated as though it were executed and performed in Tampa, Florida, and shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Services and/or Products must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law, and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.