Free, Confidential Consultation
Initiate Client Protection, Summarize Options
Freedom From Tax Debt
We Are an A BBB Accredited Business
“A” Rating With Business Consumer Alliance
A Proud Member of National Association of Tax Professionals
Optima Tax Relief, LLC (the “Company”) provides “The User” with access to its content, resources, tools for communication, public forums, commerce platforms, and other services through its network of websites, “The Service”. Company provides its service to the user, subject to the following Terms of Service.
Company is not responsible for providing you access facilities or equipment (in any form) to its service. You, “The User”, also comprehend and concur that “The Service” may include advertisements and sponsorships and that these are necessary for Company to provide “The Service”. You also comprehend and agree that Company makes no submission about the suitability, reliability, availability, timeliness, accuracy of the information, products, services and related graphics contained within “The Service” for any purpose. “The Service” is provided “as is” without warranty of any kind. Company hereby disclaim all warranties and conditions with regard to “The Service”.
“The Service” is provided to you, “The User”, under the terms and conditions and any amendments thereto and any operating rules or policies that may be published from time to time by Company as part of the Terms of Service/Legal Disclaimer and related disclosures which are cumulatively included herein by reference. The Company Terms of Service comprises the entire agreement between “The User” and Company and supersedes any prior agreements pertaining to the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE “SUBMIT” BUTTON, YOU ARE AGREEING TO BE BOUND BY THE Company Terms of Service and the Legal Disclaimer.
Company reserves the right to change any of the terms, conditions, and notices under which “The Services” are offered. You are responsible for regularly reviewing these terms and conditions, including changes/modifications if any incorporated by us from time to time. Your continued use of “The Service” constitutes your agreement to all such terms, conditions, and notices.
Company reserves the right to modify or discontinue, temporarily or permanently, “The Service” (or any part of “The Service”) with or without notice to “The User” at any time and from time to time. “The User” agrees that Company shall not be liable to “The User” or any third party for any modification or discontinuance of the Service.
“The Service” may include e-mail services, message boards, chat areas, newsgroups, forums, communities and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Tools for Communication”). You agree to use the Tools for Communication only to post, send and receive messages and material that are proper and, when applicable, related to the particular tool for Communication. You also hereby agree that you shall not make use of “The Service” for any commercial purpose, including reselling and/or co branding/private labeling.
As a condition of your use of “The Service” you will not use “The Service” for any illegal purposes. You will be solely responsible for the contents of transmissions made by you through “The Service”.
Company has no obligation to observe and monitor “The Service”. However, Company reserves the right to review materials posted and to remove any material(s). Company also reserves the right to terminate your access to any or all of “The Services”, at any time, without notice, for any reason whatsoever.
Company reserves the right subject to attorney-client privilege to the extent applicable and to the extent the same is not waived through these provisions, at all times to divulge any information as it considers necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part. These would be more applicable to the publicly accessible areas of “The Service” that are intended to be available to the general public. For example, publicly accessible areas of “The Service” would include message boards and chat rooms that are open to both registered users and visitors.
In view of the global nature of the World Wide Web, “The User” understands and agrees that technical processing of tools of communication is (and may be) required to send and receive messages, to correspond/conform to the technical requirements of connecting networks, to correspond/conform to the limitations of “The Service”, or to correspond/conform to other, similar technical requirements.
Registration information and certain other information about you are subject to our Disclaimer. For more information, see our Legal Disclaimer.
You expressly understand and agree that to the extent permitted under the law, Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any participating provider on the service; or (v) any other matter relating to the service.
Company does not claim ownership of the “content” (in the form of data, text, software, music, sound, photographs, graphics, video, messages or other materials) you provide to Company (including feedback and suggestions) or post, upload, privately transmit, input or submit to any Company site or service for review by the general public. However, by posting, uploading, or making available content or any other material, you grant Company and its affiliate sites or participating providers permission to use your submission in connection with the operation of their Internet businesses, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission, and to publish your name in connection with your submission.
This website does not collect personally identifiable information from your computer when you browse this website and request pages from our servers. This means that, unless you voluntarily and knowingly provide us with personally identifiable information, we will not know your name, your email address, or any other personally identifiable information. We may use IP addresses, browser types and access times to analyze trends, administer the site, improve site performance and gather broad demographic information for aggregate use. When you request a page from our website, our servers log the information provided in the HTTP request header including the IP number, the time of the request, the URL of your request, and other information that is provided in the HTTP header. We collect the HTTP request header information in order to make our website function correctly and provide you the functionality that you see on this website. We also use this information to better understand how visitors use our website and how we can better tune it, its contents and functionality to meet your needs.
We collect your personal information if you decide to purchase one of our products or retain our services, participate in our affiliate marketing program, subscribe to our newsletter, complete an application form, participate in one of our surveys or transact other business with us. We need to collect personally identifiable information from you to execute the requested transaction, provide you with a particular service, and/or to further enhance your account. At anytime, we may ask you to voluntarily supply us with additional information needed. We will ask you for information such as, but not limited to: name, current and/or billing address, your e-mail address, telephone number, your Social Security number and certain other personal information, such as your date of birth, address, employment information, and certain credit card and loan account information. We may use your email address to send a confirmation and, if necessary, we might use the other information to contact you for help in processing.
Disclosure of Information to Participating Providers of Services
We provide you the opportunity to ‘opt-out’ of having your personally identifiable information used for certain purposes, when we ask for this information. For example, if you purchase a product/service but do not wish to receive any additional marketing material from us, you can indicate your preference by emailing or calling us per the information contained on our contact page.
If you no longer wish to receive our newsletter, you may opt-out of receiving it by following the instructions included in each newsletter or communication or by emailing or calling us per the information contained on our contact page.
Optima Tax Relief, LLC
3100 S. Harbor Blvd., Suite 250
Santa Ana, CA 92704
Toll Free: 800-536-0734
We may use affiliates or contractors to provide certain clerical and information processing and shipping services on our site. When you sign up for our services, we will share only as much information as is necessary for the provision of those services.
These parties are prohibited from using your personally identifiable information for any other purpose.
Securing the Transmission and Storage of Information
The security of your personal information is extremely important to us. We employ generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
Our site uses security technology to protect information you provide to us through the site when entering sensitive information.
After information reaches Company, it is stored on a secure server that resides behind firewalls designed to block unauthorized access from outside of Company. You can help to maintain the security of your online transactions by not sharing your personal information with anyone. Remember, no method of transmission over the Internet, or method of electronic storage, is 100% secure. (Example: any information you provide us by email is not encrypted) Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
If you have any questions about the security on our Web site, please feel free to e-mail us.
As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and click stream data.
We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information.
We use session ID cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close you browser. If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as contests or surveys, will be limited.
We employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers’ personally identifiable information.
We use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of these emails, please contact us.
While we try to link only to sites that share our standards and respect for privacy, we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the applicable privacy policies and terms of conditions of each and every Web site that collects personally identifiable information.
This privacy statement applies only to information collected by this Web site.
We may be co-branded with “partners and affiliates”. These business to business relationships are helpful to us and to you as they afford all concerned with greater product and service opportunities. We always provide opt-out opportunities regarding the sharing of your information with such partners and affiliates. Please note the sites linked to our site are governed by their own privacy policies which may or may not reach the standards set by our company.
Access to Personally Identifiable Information
If your personally identifiable information changes, or if you no longer desire our product or service, you may correct, update, delete or deactivate same by emailing our Customer Care by contacting us by telephone or postal mail at the contact information listed below.
If you send us correspondence, including e-mails and faxes, we may retain such information in your customer file. Information you give us over the telephone may be noted for your file. We may also keep copies of any correspondence sent to you. We retain these records in order to provide the products and services you have requested and to measure and improve our customer service. We may, over time, delete these records as permitted by law. Phone calls may be recorded or monitored for customer satisfaction purposes.
Based upon the personally identifiable information you provide, we may communicate with you to provide the services you request, and to manage your account. We may communicate via email or telephone, in accordance with your wishes.
We reserve the right to disclose your personally identifiable information, as required, to comply with the law, applicable regulations, governmental and quasi-governmental requests, judicial proceedings, court orders or subpoenas, to enforce our Legal Notices or other agreements, or to protect our rights, property or safety or the rights, property or safety of our users or others (e.g., to a consumer reporting agency for fraud protection etc.).
In the event our company goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via e-mail and/or a prominent notice on our Web site for 30 days of any such change in ownership or control of your personal information.
Changes to this Privacy Statement
We reserve the right to modify this privacy statement at any time. We will not jeopardize your privacy. The provisions contained in this privacy statement supersede all previous notices or policies regarding our privacy practices with respect to this site. Any and all changes will be made here, to this privacy statement.
We encourage you to check our site frequently to see the current privacy statement to be informed of how we are committed to protecting your information and providing you with improved content on our website in order to enhance your online experience. Upon any material changes to the policy statement, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
Optima Tax Relief, LLC
3100 S. Harbor Blvd., Suite 250
Santa Ana, CA 92704
Toll Free: 800-536-0734
Companies related by common ownership or control. They can be financial and nonfinancial companies.
Tax Services Partners
Nonaffiliated financial companies that perform tax services.
WHAT DOES OPTIMA TAX RELIEF, LLC DO WITH YOUR PERSONAL INFORMATION?
Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you, how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
The types of personal information we collect
and share depends on the product or service you have with us. This information
* Social Security number and contact information;
* Income, employment, and tax information;
* Bank account and credit or debit card information;
When you are no longer our customer, we may continue to store and/or share your information as described in this notice.
All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons Optima Tax Relief, LLC chooses to share; and whether you can limit this sharing.
Reasons we can share your personal information
Does Optima Tax Relief, LLC share?
Can you limit this sharing?
For our everyday business purposes - such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus
For our marketing purposes - to offer our products and services to you
For joint marketing with other financial companies
For our affiliates' everyday business
For our affiliates' everyday business
For nonaffiliates to market to you
Call (800) 536-0734 or go to www.optimataxrelief.com
Who is providing this notice?
OPTIMA TAX RELIEF, LLC.
How does OPTIMA TAX RELIEF, LLC protect my personal information?
To protect your personal information from
unauthorized access and use, we use security measures that comply with federal
law. These measures include computer safeguards and secured files and
For more information, please contact Customer Care at email@example.com or call (800) 536-0734.
How does OPTIMA TAX RELIEF, LLC collect my personal information?
We collect your personal information, for
example, when you
* Fill a form, place an order, or subscribe to our newsletter;
* Use a credit or debit card or bank account information;
* Provide contact, income, employment, or tax information
Why can't I limit all sharing?
Federal law gives you the right to limit only:
* Sharing for affiliates' everyday business purposes-information about your creditworthiness;
* Affiliates from using your information to market to you;
* Sharing for non affiliates to market to you
State laws and individual companies may give you additional rights to limit sharing.
Companies related by common ownership or
control. They can be financial and nonfinancial companies.
* .Optima Tax Relief, LLC
Companies not related by common ownership or
control. They can be financial and nonfinancial companies.
* We share with nonaffiliates in the categories of service providers and direct marketing
A formal agreement between nonaffiliated
financial companies that together market financial products or services to you.
* We currently do not share with joint marketing partners.
Additional Information Regarding Collection and Use
We collect personally identifiable information to execute a requested transaction; provide you with a particular service; further enhance your account or customer experience; and/or provide you with promotional offers. We also collect other information, such as IP addresses, internet service providers, referring/exit pages, and clickstream data, which does not identify individual users, to analyze trends and to administer and optimize our site.
Disclosure of Information
We may disclose your personally identifiable information to service providers or others in order to effect or carry out any transaction that you have requested of us or as necessary to complete our contractual obligations with you. These parties are not allowed to use personally identifiable information for any other purpose.
We may also disclose your personally identifiable information to other companies that we have a joint marketing agreement with in order for them to inform you about the products or services they offer that may interest you. These parties are not allowed to use your personally identifiable information except for the purpose of marketing in accordance with the relevant agreement.
We may also disclose your personally identifiable information to our affiliates for marketing or other specified purposes with your consent, at your direction, and/or to effect a transaction requested or authorized by you. For example, we may disclose your personally identifiable information to an affiliate with your consent when you do not qualify for our service but may be eligible with a similar service through the affiliate. If you wish to limit this type of sharing with our affiliates on a going forward basis please contact us at firstname.lastname@example.org or call (800) 536-0734.
We reserve the right to disclose your personally identifiable information, as required, to comply with the law, applicable regulations, governmental and quasi-governmental requests, judicial proceedings, court orders or subpoenas, to enforce our Legal Notices or other agreements, or to protect our rights, property or safety or the rights, property or safety of our users or others.
Our site uses security technology to protect information you provide to us through the site when entering personal information. We employ generally accepted industry standards to protect the personal information submitted to us both online and offline.
Cookies are small text files placed on your computer, phone, or other device when you visit websites and are used to record information about your activity, including the pages you view, the content you provide so that you don't have to re-enter it each time you visit our website, and your settings and preferences. We may also use other data collecting technologies with similar functionality as cookies, such as web beacons on our site and in our emails. A web beacon is similar in function to a cookie, but is stored on the web page rather than on a user's computer. In addition, we use web analytics services such as Google Analytics. These web analytics service providers use information such as your IP address, browser information, and the content you view on our behalf for the purpose of evaluating the number of users on our website, the location of our users, the most frequently used parts of our website, the most commonly used browsers, and the interests of our users. All of these tracking technologies and web analytics help us provide you with customized content, fast navigation through our website, and allow us to learn about your visit and your use of our online services to track and improve their functionality.
You can manage or disable cookies at any time by adjusting your browser setting. For instructions on how to change your cookie preferences, refer to the settings menu of your browser. Please note that if you choose to disable cookies, our website may not function properly and certain services may not be available.
We also employ 'web beacons' on this site and in our emails. A web beacon is similar in function to a cookie, but is stored on the web page rather than on a user's computer. We do not tie the information gathered by web beacons to any personally identifiable information.
Response to Do Not Track Signals
We currently do not respond to Do Not Track signals.
Links to Other Sites
Our website may contain links to other sites which are not owned or controlled by us. Please be aware that we are not responsible for the content or privacy practices of such other sites.
We reserve the right to modify this privacy statement at any time. Whenever material changes are made to the privacy statement, we will post those changes to this privacy statement and any other places on our site we deem appropriate.
The provisions contained in this privacy statement supersede all previous notices or policies regarding our privacy practices with respect to this site. We encourage you to check our site frequently to see the current privacy statement.
If you have questions, comments, complaints,
OPTIMA TAX RELIEF, LLC.
3100 S. Harbor Blvd., Suite 250 Santa Ana, CA 92704
By using this Website, You represent and warrant that You are of legal age to form a binding contract with the Company. If You are not of legal age to form a binding contract with the Company, You must not access or use the Website.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material We provide on the Website, in Our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
Any user name, password, or any other piece of information You utilize as part of Our security procedures to access the Website is confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or portions of it using Your user name, password, or any other security information. You agree to notify Us immediately of any unauthorized access to, or use of, Your user name or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights law.
The Company name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, products and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Additionally, You agree not to: (i) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website; (ii) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose; (iii) use any device or process to monitor or copy any of the material on the Website or for any other unauthorized purpose without Our prior written consent; (iv) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (v) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (vi) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (vii) otherwise attempt to interfere with the proper working of the Website.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and We are under no obligation to update such material.
Information About You and Your Visits to the Website
Linking to the Website
You may link to Our homepage, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Our part without Our express written consent. You agree to cooperate with Us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice at any time in Our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to this Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENCORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, AND WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSED ON IT, OR ON ANY WEBSITE LINKED TO IT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Arbitration of Dispute
TO THE EXTENT ALLOWED BY LAW, YOU AND COMPANY EACH AGREE THAT THEY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN ARBIRATION AND IN HIS/HER OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF ON A CLASS WIDE BASIS, FURTHER, COMPANY AND YOU WAIVE ANY RIGHT TO TRAIL BY A JURY IN ANY LAWSUIT, OR OTHER SIMILAR PROCEEDING.
(b) ANY CLAIMANT UNDER THIS ARBITRATION AGREEMENT MUST FIRST SUBMIT TO THE OTHER PARTY A WRITTEN NOTICE OF THE CLAIMANT'S CLAIM AGAINST OR DISPUTE WITH THE OTHER PARTY, SUCH NOTICE MUST INCLUDE ANY EXPLANATION OF THE CLAIM AND A STATEMENT OF THE CLAIMANT'S REQUEST FOR RESOLUTION. THE PARTY RECEIVING THE CLAIM OR DISPUTE SHALL THEN BE ENTITLED TO A PERIOD OF SIXTY (60) DAYS TO CURE SUCH CLAIM OR DISPUTE. IF THE PARTIES ARE UNABLE TO RESOLVE THE CLAIM OR DISPUTE WITHIN SUCH 60-DAY PERIOD, THEN THE CLAIM OR DISPUTE SHALL BE SOLELY RESOLVED, ON AN INDIVIDUAL, NON-CLASS, BASIS BY BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR. PRIOR TO THE CLAIMANT COMMENCING ARBITRATION, THE PARTIES SHALL MUTUALLY AGREE UPON THE ARBITRAL INSTITUTION THAT WILL ADMINISTER THE ARBITRATION. IN THE EVENT THAT NO ARBITRAL INSTITUTION CAN BE AGREED UPON THEN THE PARTIES AGREE TO USE JAMS. THE ARBITRATION SHALL BE ADMINISTERED PURSUANT TO THE MUTUALLY AGREED ARBITRAL INSTITUTION'S RULE AND PROCEDURES AND A SINGLE ARBITRATOR WILL BE SELECTED THEREFROM.
(c) THE ARBITRATOR SHALL BE NEUTRAL AND INDEPENDENT, LICENSED TO PRACTICE LAW IN THE JURISDICTION WHERE THE ARBITRATION IS TAKING PLACE AND SHALL COMPLY WITH THE ARBITRAL INSTITUTION'S CODE OF ETHICS AND HAVE EXPERIENCE IN THE SUBJECT MATTER OF THE DISPUTE. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO GRANT ANY REMEDY OR RELIEF THAT THE ARBITRATOR DEEMS JUST AND EQUITABLE AND WITHIN THE SCOPE OF THE AGREEMENT OF THE PARTIES PROVIDED IT IS INDIVIDUAL IN NATURE. THE ARBITRATOR SHALL ISSUE A REASONED AWARD FOLLOWING THE APPLICABLE LAW AND SUCH AWARD SHALL BE FINAL AND SHALL NOT BE SUBJECT TO VACATION OR MODIFICATION. THE AWARD AND THE RECORD IN ARBITRATION SHALL BE CONFIDENTIAL, EXCEPT THAT - JUDGMENT ON THE AWARD MADE BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION OVER THE PARTIES. IF EITHER PARTY FAILS TO COMPLY WITH THE ARBITRATOR'S AWARD, THE OTHER PARTY MAY PETITION THE COURT FOR ENFORCEMENT. THE PARTIES AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDINGS. TO THE EXTENT PERMITTED BY LAW, THE PARTIES SHALL BEAR THE COST OF ARBITRATION INCLUDING, ATTORNEY'S FEES, SEPARATELY. IF THE ARBITRATOR DETERMINES THAT A PARTY HAS GENERALLY PREVAILED IN THE ARBITRATION PRECEDING, THEN THE ARBITRATOR SHALL AWARD TO THAT PARTY ITS REASONABLE ATTORNEY'S FEES AND LEGAL COSTS. IN THE EVENT A PARTY FAILS TO PROCEED WITH ARBITRATION OR UNSUCCESSFULLY CHALLENGES THE ARBITRATOR'S AWARD, THE OTHER PARTY IS ENTITLED TO COSTS OF SUIT, INCLUDING REASONABLE ATTORNEY'S FEE FOR HAVING TO COMPEL ARBITRATION OR DEFEND OR ENFORCE THE AWARD. THIS SECTION AND THE REQUIREMENT TO ARBITRATE SHALL SURVIVE ANY TERMINATION OF USE OF THE WEBSITE.
(d) SHOULD ANY PROVISION OF THIS ARBITRATION AGREEMENT-EXCEPTING THE REQUIREMNET THAT ARBITRATION PROCEED ON AN INDIVIDUAL BASIS ONLY-BE DEEMED UNENFORCEABLE, IT SHALL BE DEEMED SEVERABLE AND THE REMAINDER OF THE ARBITRATION AGREEMENT SHALL BE ENFORCED.
Limitation on Time to File Claims
Waiver and Severability