This agreement (“Agreement”) is a contract between you, and if you are an employee working within the scope of your employment, vicariously, your employer (individually and collectively, “you” or “your”), and ___________Club Artrepreneur_______________ (referred to as “Company”, “we”, “us”, or “our”), a _____Florida______Limited Liability Company_________ , and the terms and conditions of this Agreement govern your access to and use of our websites and services (collectively, the “Services”).
Merely by accessing and using the Services, you hereby acknowledge your acceptance and agree to comply with the following terms and conditions and that you shall be bound by the terms and conditions of this Agreement, which was last revised on July 6, 2019.
Your communications with us must be directed to:
__________Director at_____ email@example.com______(“Designated Agent”).
We agree not to disclose or use your information other than in providing services to you. All rights and interests in your intellectual property remains your property. You agree not to record, share or use any information obtained from any other participant of our services.
If you are a minor, then you shall not access or use our Services. Instead, you must have a parent or guardian access and use our Services and agree to be bound by the terms and conditions of this Agreement.
You acknowledge that you are capable of entering into a binding agreement with us and will not use our Services if you cannot enter into a binding agreement. If an employee acting within the scope of your employment, then you represent that you have the authority to enter into this Agreement on behalf of your employer, and if you cannot bind your employer to the terms and conditions of this Agreement, then your employer has agreed to be bound by this Agreement. If your employer has not agreed to be bound by this Agreement, then you shall not use our Services and will not access any of the content of our Services.
If you cannot enter into a binding contract or are barred from receiving our Services under any laws of your jurisdiction, then you shall not access or use our Services.
You may use our Services only if you comply with this Agreement and any and all applicable laws, rules and regulations.
We may terminate your access or use for any or no reason, and we shall bar you from any further access or use of our Services if your use violates the terms and conditions of this Agreement or any applicable laws, rules or regulations. For example, read the copyright takedown warning and notice provisions in this Agreement.
If you are entering any information about a minor, then you may have a right to ask us to delete the information and remove the information from our servers. We will attempt to do so in a reasonably responsive manner in accordance with applicable laws if you identify the information and request its removal at the email address or telephone consultation numbers provided to you in this Agreement or from time to time by representatives of COMPANY.
We may refuse to store or delete any information at any time without notice be given to you. It is your responsibility to safeguard your own information.
Our Services are constantly changing and we reserve the right to change or discontinue Services without prior notice to you. (If we are providing reminder or watch services to you, then we will attempt to contact you, if these services are terminated, using the contact information that you have provided to us.)
It is your responsibility to update and maintain accurate contact information, to check your spam filter and to establish your own independent reminders of critical deadlines and renewal dates for your valuable intellectual property.
Our Services may be provided based on a fully-paid-up fee or a payment plan, and if you fail to pay or payment fails due to your failure to update your credit card information with our third party payment service (e.g. Stripe, paypal…) or for any other reason, then we shall terminate the Services. It is your responsibility to make sure that your subscription is up to date and active.
COMPANY may stop or suspend our Services or select features of our Services to you or to users, generally, and we might not be able to provide you with prior notice. We retain any and all rights to restrict access or to create other limits on the use of our Services at our sole discretion at any time without prior notice to you.
Except for gross negligence, reckless disregard for safety and fraud, and otherwise to the maximum extent permitted by applicable law, rules and regulations, we will not be liable for any direct, indirect, incidental, consequential, special, or punitive damages including, without limitation, lost profits, lost data, lost goodwill or any other losses in the value of intellectual property, resulting from your access or use of our Services. The term “we” in the context of warranty limitations, disclaimers and limitations (this “Section”) on liability shall include, without limitation, COMPANY and all of our members, shareholders, managers, directors, agents and affiliates, including, without limitation, Paradies Law P.A.
The phrase “access or use of our Services” in this Section shall include, without limitation, inability to access or use, any content accessed or used, and any unauthorized access or use of your information or alteration of your information.
The limitations on liability in this Section shall apply to any and all disputes, regardless of the legal theory upon which such dispute is
based, including, without limitation, warranty, contract or tort, including negligence, and whether or not we were informed of the possibility of damages and even if remedies available in this Agreement fail their essential purpose. Some jurisdictions do not allow for exclusions of certain warranties or the limitation of liability for damages, so the limitations of this Section may not apply to you.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE REMEDY IS TO REQUEST RETURN OF THE AMOUNT YOU ACTUALLY PAID IN FLAT FEES OR PAYMENT PLANS OR SUBSCRIPTION FOR ACCESS TO OUR SERVICES.
To the extent permitted by applicable law, we provide no general or limited warranty, express or implied, for our Services. These Services are provided “AS IS” and when available. Your access and use of our Services or reliance on information or materials obtained from us is at your own risk. Watch and reminder services, if included in any offer, are a back-up and convenience to your own efforts to discover infringing uses and docket and remind yourself of coming due dates. We are relying on you for information provided to us and that such information provided by you is accurate and reliable.
Without limiting the foregoing, COMPANY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE to the maximum extent permitted by law. We are not responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of our Services, which are hosted on third-party websites. You agree that we have no duty or liability for deletion of, or the failure to store or to transmit, any information and other communications by our Services. No advice or information, whether oral or written, obtained from COMPANY or through the Services, will create any warranty not expressly made herein, and this Agreement is the complete and final understanding between us.
We make no claims or warranty that our content or information is complete, accurate, reliable or timely with respect to you or your particular circumstances, and none of our content or information should be considered legal advice. Our content and information is provided as educational materials, coaching, counseling and represents only the viewpoints and priorities of the speakers, which are likely not the same as other third parties or experts in intellectual property law. Our content and information is believed to be true by us on the date and time that we add the content and information to our Services. Changes in the law, rules and regulations can make our content and information dated and inaccurate, and we make no claims that our content and information is up-to-date with the latest changes in laws, rules and regulations in Florida, the United States of America, or anywhere else in the world.
Our Services contain hyperlinks to third party websites and resources, and we are not responsible or liable for anything related to these third party websites. These links are provided as a courtesy to make finding the information easier and may be broken or become broken over time. Furthermore, you agree to abide by the terms and conditions of these third party websites. Any hyperlink to a third party website does not imply any endorsement of the third party website or its contents by us. These hyperlinks are provided “AS IS” and when available. You assume all risks arising from your accessing any such third party website using such hyperlinks.
WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INFORMATION OR ANY LOSS, DAMAGE OR HARM TO YOU FROM YOUR ACCESS AND USE OF OUR SERVICES, WHETHER POSTED TO OUR WEBSITES, EMAILED TO YOU OR OTHERWISE TRANSMITTED OR MADE AVAILABLE TO YOU VIA OUR SERVICES OR BROADCASTS. YOU WILL TAKE ALL NECESSARY PRECAUTIONS TO SCREEN FOR AND INTERCEPT ANY HARMFUL OR DAMAGING CODE RECEIVED AS A RESULT OF THE USE OF OUR SERVICES.
These limitations and all of the terms and conditions of this Agreement are material to this Agreement, and you acknowledge that the cost of services to you has taken into consideration these limitations on liability and restrictions on warranties.
You agree to consult with an attorney or legal adviser before entering into any agreement or changing your legal positions in any way based on the information provided by our Services. You agree that you have the opportunity to consult with an attorney regarding the terms of this Agreement and agree to be bound by this Agreement.
Copyright Takedown Notice
If you believe that any information on this website infringes your copyright, then you shall provide notice according to the following copyright takedown policy. (Use the same procedure for any other issue relating to misappropriation or infringement of any intellectual property.)
1) Provide notice to the Designated Agent at the email address
identified above; or
2) By sending a notification letter to the following mailing address:
Street or PO Box: 4019 28th ave n, St. Petersburg, Florida, 33713
ATTN: Takedown Notice
______________________________, _____ _________-______; and
3) To be effective, a notification of claimed infringement must be a written communication provided to the designated agent that includes substantially the following:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site covered by a single notification, a representative list of such works at that site;
c) 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 us to locate the material.
d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address to which the complaining party may be contacted;
e) A statement that the complaining party has 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
f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Within a reasonable time after receiving a notice complying with this takedown policy, we will takedown the alleged infringing materials identified in the notification and will notify, if possible, the alleged infringer. The alleged infringer may contest the statements, and we may reinstate the alleged infringing materials, if the alleged infringer agrees to the jurisdiction of the courts according to the Digital Millennium Copyright Act. We will provide you with notice of any such communication, and you will be required to take legal action against the alleged infringer to remove the alleged infringing materials.
MISREPRESENTATIONS.—Any person who knowingly materially misrepresents under this section—
(1) that material or activity is infringing,
(2) that material or activity was removed or disabled by mistake or misidentification,
shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
REPLACEMENT OF REMOVED OR DISABLED MATERIAL— COUNTER NOTIFICATION
We shall not be liable to any person for any claim based on the service provider’s good faith disabling of access to, or removal of, material or activity claimed to be infringing or based on facts or circumstances from which infringing activity is apparent, regardless of whether the material or activity is ultimately determined to be infringing.
Upon proper notification, in accordance with the following provisions, we will take reasonable steps promptly to notify the subscriber that it has removed or disabled access to the material; and upon receipt of a counter notification described, we will promptly provide the person who provided the notification under subsection with a copy of the counter notification, and informs that person that it will replace the removed material or cease disabling access to it in 10 business days; and we will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notification, unless its designated agent first receives notice from the person who submitted the notification of alleged infringement that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider’s system or network.
To be effective, a counter notification must be a written communication provided to our designated agent that includes substantially the following:
(A) A physical or electronic signature of the subscriber;
(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(D) The subscriber’s name, address, and telephone number; and
(E) A statement that the subscriber consents to the jurisdiction of Federal.
District Court for the judicial district in which the address is loca
ted, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found; and
(F) That the subscriber will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
We grant you a limited right to make a personal copy of content on this website solely for your personal use (or, if an employee of a company working within the scope of your employment, your employer’s use) in researching or using the Services, only if you secure your copy and do not make additional copies for others, refrain from removing any copyright notices and acknowledge the authorship of the original author of any copyrighted works. You cannot use the content and information from our Services on your website or to provide services to others without our express written permission, obtained in advance. This does not restrict your rights under applicable law, rules and regulations to use information obtained from our Services in any way permitted by law. Any other use of content and materials from our Services is strictly prohibited without our express written permission, obtained in advance, including, without limitation, any copying, modifying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, compiling, commercial use or use as a service bureau or electronic agglomerator.
COMPANY grants you a limited license to “use” forms, as such use is defined herein, from our form library, only to the extent that you have a current subscription or fully paid up flat fee that gives you access to the particular form in our form library. Herein, “use” means downloading a copy of a form for use by the subscriber, modifying a form by adding, deleting or changing portions of the form, and sharing the form only with a person (including corporations and other entities) that is a party or potential party in an agreement contemplated by the form. You shall not remove any copyright notices or other identification markings from the form, without the prior written permission of COMPANY.
Scraping of information from our websites and Services is strictly prohibited.
Access by any automated system or “bot” is strictly prohibited.
Legal Rights & Remedies
All right, title, and interest in and to the Services (excluding any information provided by users) are and shall remain the exclusive property of us. Nothing in this Agreement transfers any right, title or interest to you or anyone else.
Our Services and brands are protected under copyright laws, trademark laws, trade secret laws and other laws of the United States and STATE. All rights and remedies are reserved by us, and failure to enforce any of our rights or to seek any remedies in one or several instances or occasions shall not be deemed a waiver of any of our rights and remedies for another instance or occasion. Nothing in this Agreement or in our course of dealings shall give you any right to use our name, brands, trademarks, logos, domain names, trade dress or other protectable brand identifying devices. Terms or conditions held to be invalid or unenforceable shall be severed from this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect.
Nothing in this Agreement gives you a right to use our name or any of our patents, trademarks, domain names, trade secrets and other brand identifying devices without our express written permission, obtained in advance. All rights are reserved by us.
YOU HEREBY AGREE TO INDEMNIFY US AND TO HOLD HARMLESS COMPANY AND OUR AGENTS, MEMBERS, SHAREHOLDERS, DIRECTORS, EXECUTIVES AND ASSOCIATED COMPANIES AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, ARISING OUT OF ANY BREACH BY YOU OF THIS AGREEMENT OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF OUR SERVICES, OR THE USE BY ANY OTHER PERSON, ACCESSING OUR SERVICES USING YOUR EQUIPMENT OR INTERNET ACCESS ACCOUNT, OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS.
We reserve all equitable and legal rights and remedies including, without limitation, the right to restrict or prevent your access to our Services at our sole discretion.
Restrictions On Use Of Services
You shall not use our Services for any illegal purpose.
You shall not interfere with or diminish our right, title and interest in our Services or our copyrights or other intellectual property rights. Our content, methods and processes are not generally known and are our confidential information and trade secrets.
Except as expressly permitted in this Agreement, you shall not copy, reproduce, modify, create derivative works, distribute, broadcast, sell, transfer, publicly display, publicly perform, transmit, or otherwise disseminate any content or materials available through our Services.
You shall use our Services only in accordance with any and all applicable laws, rules and regulations.
You shall not upload or transmit any computer viruses, macro viruses, Trojan horses, worms, or anything else that interferes with or disrupts normal operating procedures of a computer.
You shall not upload or transmit any material which is defamatory, offensive or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety.
You shall not use our Services in a way that might cause our Services to be interrupted, damaged or rendered less efficient, or impair the effectiveness or functionality of our Services.
You shall not use our Services in any manner which violates or infringes the rights or any person, firm or entity.
You shall not tamper with or modify our Services.
You shall not access non-public areas of our Services.
You shall not give anyone permission to use your password or userid to access our Services.
You shall not access our Services with anyone else’s userid or password.
You shall not access our Services by intentionally hacking, breaching or circumventing in any way any of our Services requiring users to use a userid or password for access.
You shall not probe, scan, or test any vulnerabilities of our Services or the systems that host our Services.
You shall not post any content from our Services to any other platform including, without limitation, youtube.com or any other website or service available to others.
You shall not access or search our Services by any automated means.
You shall access or search our Services only using our currently available, published interfaces provided by our Services.
You shall not forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information.
You shall not disrupt access to our Services by any other user.
You shall not interfere with or create an undue burden on our Services.
Privacy Statement, Your Information
You represent and warrant that any information that you provide to us is truthful, accurate and complete including, without limitation, your registration information and payment information.
Our Services do not receive or record your personal financial information. Instead, we rely on paypal® or other third party payment services to complete transactions for subscriptions. We are not responsible for these third party payment services, and you assume the risk in using these third party payment services.
You agree to keep your registration information up to date and accurate.
You agree not to reveal your userid and password to anyone else and to keep it confidential. You agree to use a password that is not easily determined from information that can be obtained about you, such as birthdays, anniversaries, children and the like. You agree to make your password difficult to guess and not to use simple words and phrases in the English language in your password.
You are responsible for maintaining the confidentiality and security of your account and for anything that occurs through your account registration with our Services. You will immediately notify us of any security breach of your account. Even if notified promptly, we are not responsible for any harm caused by any security breach of your account.
We collect information about you in a variety of ways in order to provide you with our Services and to customize the services provided
to your needs. We collect and store information that you provide to us directly by completing a form or survey, for example. We also collect information whenever you use our Services. For example, we collect information when you contact us by email or telephone, opt to receive emails, register for a webinar, view video-on-demand, chat with us, attend an event, download information, communicate using third party social media, request support, schedule a reminder, set up a watch service or otherwise interact or use our Services.
We collect personal information about you including, without limitation, your name, address(es), phone number(s), email address(es), attendance at event(s), and use of our Services, and other information helpful in providing our Services to you. The information that we collect may be stored by us. While we take reasonable commercial measures to secure the information that we store, we do not necessarily encrypt all of your information, and we cannot guarantee that the information that we collect is safe from misappropriation by third parties seeking to access your information illegitimately. We do not collect or store your personal financial information, credit card information or bank information, which is provided only to third parties. Our measures to secure the information that we collect and store is limited to using commercially available cloud storage and cloud storage providers.
By accessing and using our Services, you are opting to receive communications from us, other members and our affiliates and agents including, without limitation, our email newsletters, promotional emails and reminders.
Our email communications provide an easy method for you to unsubscribe or opt out of future emails; however, it is important that we can continue to send emails to you if you elect to receive reminders; therefore, opting out of communications shall not include reminders, when you have separately requested reminders.
These reminders and notices may contain promotional advertising or other information in addition to the reminder and notice including, without limitation, paid advertising. You may not be able to opt out of certain receipt of emails that are required by us to inform you of reminders, notices and information about the availability or changes in our Services.
Cookies and Technology.
We may keep logs that tell us information about your use of our Services including, without limitation, the type of browser you use, access times, pages viewed, your IP address(es) and referral links through which you accessed our Services. This Metadata may be used for internal business purposes, such as learning customer behaviors, gathering demographics and gauging customer interests. We may use this to improve our Services and our promotional communications. We can collect and store Metadata, and you hereby grant us the right to use Metadata for any legal purpose.
We may access public databases to collect information about you and may combine this information with information that you have provided to us and that we have collected. Sources of public information may include, without limitation, the United States Patent and Trademark Office’s public records, the records of the World Intellectual Property Office and other third party public databases. We may use private or paid services including, without limitation, those services provided by google and Thomson Reuters. This information may be used to verify or correct the information that you provide to us or to assist us in helping or notifying you.
We do not sell, rent, trade, license or otherwise intentionally disclose your specific personal information to anyone other than our affiliates. Our affiliates include a variety of vendors used in providing our Services or offering other services, not provided by COMPANY, including, without limitation, your legal counsel, foreign counsel, event scheduling services, Mailchimp or Active Campaign (email automation vendors), live streaming or webinar vendors for live online events, social media such as LinkedIn, Twitter and Facebook, google, CLIO (a legal docketing vendor), Microsoft 365 and Thomson Reuters (a third party watch service provider).
We may disclose information about you if required by law or otherwise in response to requests from law enforcement and other officials conducting investigations and subpoenas or court orders.
We may release information when disclosure is required to protect our legal rights, enforce this Agreement or other agreements with you and to protect ourselves or others, such as to reduce the risk of fraud or to prevent the use of our Services for illegal, immoral or unethical schemes or fraud on others.
We may share aggregated and non-personal information such as the number of users, visits or visitors to a particular site or the number of views of a particular one of our Services, without identifying you or any other customer, directly.
Upon your request, we will update our information about you, stop sending you emails with the exception of communications that are considered to be an essential part of our Services (unless you cancel our Services), or cancel providing our Services to you.
In order to cancel our Services to you and stop being billed, you must cancel our Services through the third party payment service that you used to subscribe to our Services or our third party training provider or both. We might not have access to your account with third party payment services, such as paypal® or Stripe®. You may contact us at our Designated Agent for assistance, and we will respond within a commercially reasonable time, usually within 1-2 business days.
Obligations Our Services require you to provide certain information, which is required to be provided timely and accurately. If you fail to provide timely and accurate information or to make timely decisions, then Services may be impaired, abandoned or otherwise lost, affecting their value to you.
You agree to promptly update your contact information with us, whenever it changes, including, without limitation, your email address, telephone and mailing address. You agree to designate a person to be the point of contact in your organization, having the authority to make decisions and to bind your organization to the decisions that your organization makes and the payments authorized. You agree to update the contact person whenever necessary.
You agree that if you enter into bankruptcy or have a change in your financial situation that we can cancel any Services, without prepayment and assurances that such prepayment will not be revoked by a court, trustee or receiver, and we can notify foreign counsel of your bankruptcy or change in your financial situation.
IF ANY DISPUTE ARISES BETWEEN YOU AND US, THEN YOU AGREE THAT THE DISPUTE WILL BE SUBJECT SOLELY AND EXCLUSIVELY TO BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE LOCATION OF THE ARBITRATION SHALL BE IN STATE (as defined herein), AND THE DECISION OF THE SINGLE ARBITRATOR SHALL BE FINAL AND BINDING UPON ALL PARTIES TO THE ARBITRATION. THE PARTIES SHALL SPLIT THE COSTS OF ARBITRATION EQUALLY. FAILURE TO PAY YOUR SHARE OF ARBITRATION OR TO ABIDE BY THE RULINGS OF THE ARBITRATOR WILL RESULT IN YOUR IMMEDIATE DEFAULT AND COULD RESULT IN A JUDGMENT AGAINST YOU FOR YOUR SHARE OF THE ARBITRATION AND OTHER COSTS, SUCH AS OUR ATTORNEYS FEES AND COSTS. IF YOU ARE NOT A RESIDENT OF THE UNITED STATES OF AMERICA, THEN YOU AGREE TO BE BOUND BY THE FLORIDA INTERNATIONAL COMMERCIAL ARBITRATION ACT, TITLE XXXIX, FL. STAT. CHAPTER 684, AND YOU AGREE THAT ANY DISPUTE ARISING FROM THIS AGREEMENT OR IN ANY WAY RELATING TO THE SERVICES PROVIDED BY COMPANY SHALL BE ARBITRATED BY A SINGLE ARBITRATOR IN STATE (as defined herein), UNITED STATES OF AMERICA, IN ACCORDANCE WITH THE FLORIDA INTERNATIONAL COMMERCIAL ARBITRATION ACT.
You agree that the single arbitrator shall be a U.S. citizen, and the language of the arbitration shall be English. If the parties are unable to agree on an arbitrator, the arbitrator shall be appointed, upon request of a party, by the court specified in Florida Statutes Section 684.0008.
You agree that this Agreement shall be interpreted and enforced according to the laws of STATE, without recourse to the choice of law and conflict of laws provisions of STATE, as if executed and fully performed solely in STATE. You hereby waive any right to challenge choice of law.
Force Majeure We are not liable for any claims arising from failure to perform the Services due to unforeseen circumstances or events, such as denial of service attacks, Internet outages, power outages, war, revolutions, terror attacks, natural disasters, riots, criminal activity, disaster or government actions.
Entire, Final, Complete, This Agreement is the entire, final and complete agreement between you and COMPANY regarding the Services provided by us and supersedes and replaces any and all prior agreements between you and COMPANY. Our revisions to this Agreement shall be announced on the websites associated with our Services and shall take effect immediately. You agree that you have had the opportunity to review and consider the terms and conditions of this Agreement fully and had the opportunity to consult with legal counsel about the terms and conditions in this Agreement.