Hi and welcome to HOGO®!
ConsumerDirect, Inc. and/or its affiliates ("ConsumerDirect®" or "we") provides the "Services," by which we mean all of the individual products, features, content, and services we offer to you when you use the websites and mobile applications we operate. Your use of our websites and apps are also part of the Services.
You may not use or participate in any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms. You must be at least 13 years of age to use Services generally, though we may set other age restrictions for specific products and services we offer. Our Services are intended only for U.S. residents (Puerto Rico included).
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ACCESSING, BROWSING, OR OTHERWISE USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ANY SUBSEQUENT CHANGES TO THEM. IF YOU DO NOT AGREE TO THESE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE SERVICES.
This Agreement may be updated from time to time. You are advised to check the website or mobile app you use to access the Services regularly for updates to this Agreement. Each time you order, access or use any of the Services (including websites and mobile apps), you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement. Modifications take effect on the later of : (i) the date they are posted, delivered to you, or reasonably made available to you in writing by ConsumerDirect®; or (ii) otherwise on the date specified in the modified agreement. However, any modification or update to the arbitration provision shall be governed by the Agreement's "Dispute Resolution By Binding Arbitration" Section contained herein.
- General Description of Services.
- 1.1. The Services are intended to provide you a means to identify and review the processing of personal information by third parties and the ability to take certain actions with respect to that personal information. The Services are meant for your personal use only. The Services may also provide you other features, products, offers and information, including third-party product information, such as products or services that you may be interested in based on your personal information. These product or services offers may also be contextual, meaning that they are not based on information specific to you.
- 1.2. ConsumerDirect® does not provide any User with legal, tax, financial, or other types of advice or recommendations, nor are the Services designed or intended to provide such advice. The information presented to you via the Services is solely for information purposes, and any actions, options, suggestions, considerations, or other representations made to you through the Services are illustrative. You are solely responsible for the actions you take (including instructions given to ConsumerDirect®) when using our Services. ConsumerDirect® disclaims all liability for any errors or omissions in or related to your personal information provided by you or any third party. Furthermore, we are not responsible for, and disclaim all liability for, any actions related to instructions and/or authorizations given by you to ConsumerDirect® (including those given through your use of any functionality features contained in a website or mobile application) related to the collection, use, storage, deletion, remediation, or other processing of your personal information.
- 1.3. ConsumerDirect® may, at its discretion, modify or discontinue any of the Services, or any portion thereof, with or without notice. You agree that ConsumerDirect® will not be liable to you or any third party for any modification or discontinuance of any of the Services.
- Your Account.
- 2.1. Account Registration. In order to use certain aspects of our Services (including restricted portions of our websites and apps), you are required to register an account with us (your "Account). We reserve the right to refuse or reject any request to create an Account for you for any or no reason at our sole discretion.
- 2.2. Accuracy of Personal Information. You agree to provide accurate, complete, true and current information about yourself when registering and using the Services, including when prompted during the account registration process or when requested to do so by ConsumerDirect®. If we discover or suspect that any information you provide is inaccurate, outdated, or untrue, ConsumerDirect®, at its sole discretion, has the right to suspend or terminate your Account, or your use of, or access to, any or all of the products, features, functionality, content, or services that make up the Services.
- 2.3. Passwords. You are responsible for maintaining the confidentiality and use of the password and other security data, methods and devices used to access your Account and our Services. Further, you are responsible for all activities that occur in connection with your password including all instructions electronically transmitted or use of any data, information or services obtained using your password and other security data. ConsumerDirect® shall not be under any duty to inquire as to the authority or propriety of any instructions given to us by you or via your password and shall be entitled to act upon any such instructions and we will not be liable for any loss, cost, expense or other liability arising out of any such instructions. Accordingly, you should take steps to protect the confidentiality of your password. As an authorized User you accept full responsibility for the monitoring of your Account including frequently checking your Account information, reviewing your usage history online and promptly reviewing any correspondence, statements and other information received from ConsumerDirect®. You must notify us immediately if you become aware of any unauthorized activity, disclosure, loss, theft or unauthorized use of your password. You agree to cooperate with us in any investigation and agree to take corrective measures to protect your Account from further fraudulent activity.
- 2.4. Limitations. By registering for an Account, you agree that: (a) you will not violate these Terms or any of ConsumerDirect®'s or its licensors' rights or use this Services to violate the rights of any third party such as copyright or trademark rights; (b) you will use your true legal name and true electronic mail address, and only provide accurate and complete information on this Services; (c) you will provide at your cost all equipment, software, mobile access and Internet access necessary for you to use the Services; (d) you will copy information from this Services only as necessary for your personal, non-commercial use to view, save, print, fax or e-mail such information; (e) you will not otherwise reproduce, modify, distribute, display or provide access to this Services or its content; (f) you will not create derivative works from, decompile, disassemble or reverse engineer any portion of the Services; (g) you will not upload to or distribute through Services any code, scripts, or any file that contains any viruses, Trojan horses or other components designed to commandeer, limit or harm the functionality of a computer; (h) you will not record, process or mine information about other users, or access, retrieve or index any portion of this Services; (i) you will not remove or modify any copyright or other intellectual property notices that appear on the Services; (j) you will not access or use the Services in any manner that could damage, disable, overburden, place an unreasonable load on, interfere or attempt to interfere with the proper working of, or impair, the Services, our or our licensees' computer systems, network or the account of any other user; (k) you will not attempt to gain unauthorized access to any parts of the Services or any user accounts, or any of the Service's computer systems or networks; (l) you will not use the Services in any way that is unlawful, harms our business or the Services, our licensors, representatives or any other user, or breaches any policy or notice on Services; (m) you will not impersonate another person or misrepresent your affiliation with another person or entity, such as by using another person's user name, password or other Account information or another person's name, likeness, image or photograph; (n) you will not charge any person for access to any portion of the Services or any information thereon; (o) you will not access the Services through automated queries (such as by screen or database scraping, spiders, robots, crawlers or any other automated activity with the purpose of obtaining information from the Services) without our prior express written permission; (p) you will not engage in "framing" or "mirroring," or otherwise simulate the appearance or functionality of the Services; and (q) you will not assist, encourage or enable others to do any of the preceding prohibited activities.
- 2.5. Unauthorized Technology. Unless previously authorized by ConsumerDirect®, you must not (i) run or install any computer software or hardware on our Services or network; use any technology to automatically download, mine, scrape or index our data; or (ii) automatically connect (whether through APIs or otherwise) our data to other data, software, services or networks. You will not knowingly introduce any malicious software or technologies into any products, services or networks.
- 2.6. Account Suspension & Termination. If we have reason to suspect that you have breached any of the terms and conditions in this Agreement, or that any of your information is not authorized, correct, current and complete (as described in Section 2.2), we may, in addition to taking or reserving any other remedies against you, terminate your Account. ConsumerDirect® reserves the right to erase any or all of your information from our Services, as well as to terminate your Account without notice or liability, at any time and for any or no reason in its sole and absolute discretion. Any suspension, termination or cancellation of your Account shall not affect provisions of these Terms, such as indemnification and limitations of liability, that are by their nature intended to survive such suspension, termination or cancellation.
- 2.7. Usage Information. We may collect information related to you or your use of our Services. We may use this information to (i) test, develop and improve our products and services, and create and own derivative works based on such information, provided such information is not identifiable to you or any other person and (ii) to protect and enforce our rights under the Agreement, and we may pass this information to our third party providers for the same purposes.
- 2.8. Third-Party Providers. Our Services may include data and software from third parties. Some third party providers require ConsumerDirect® to pass additional terms through to you. The third-party providers change their terms occasionally and new third party providers are added from time to time. You agree to comply with all applicable third-party terms.
- Authorizations to ConsumerDirect®
- 3.2. Authorization to Act as Your Limited Agent. Our PrivacyMaster® product is intended to assist you in exercising your privacy rights with various entities that control and process your personal information. When signing up for PrivacyMaster®, you authorize ConsumerDirect® to act as your limited agent in order to exercise your rights or privileges under state and federal laws and regulations, private contracts or commitments (including the privacy notices, terms of service, and other representations from companies regarding the processing of your personal information). You grant ConsumerDirect® the right to exercise such rights and privileges on your behalf, including, without limitation, the right to access and receive the categories and specific pieces of personal information about you (which may or may not be known by you), the right to request deletion of your personal information, the right to opt-out of certain processing activities (like the sale of personal information), the right to restrict the use of your personal information, the right to request rectification of your personal information; and the right to receive personal information from third-parties in fulfillment of your rights and privileges. You may withdraw your permission at any time by terminating your use of the PrivacyMaster® product.
- Identity Fraud Insurance.
- 4.1. If Identity Fraud Insurance is available in your Service, Identity Fraud Insurance is underwritten by insurance company subsidiaries or affiliates Voyager Indemnity Insurance Company, an Assurant Specialty Property company. The actual policies are made available by ConsumerDirect®—please review them for the conditions, and exclusions of coverage. Coverage may not be available in all jurisdictions.
- User-Generated Content.
- 6.1. Some features of our Services include the ability to post comments about and provide privacy ratings to data brokers, people-finding services, and other organizations. You retain rights to any means the information, text, messages, photos, videos, graphics, audio, files, links, other media or materials uploaded or downloaded on or through our Services ("Content"). By posting Content you represent and warrant that you have, or have obtained, all rights, licenses, permissions, authority, and/or other consent necessary to grant the rights granted herein for any Content you submit.
- 6.2. By submitting Content, you grant ConsumerDirect® and our licensees, successors, and assigns a worldwide, royalty-free, nonexclusive, license (with the right to sublicense) to use, copy, reproduce, modify, perform, display, distribute, process, adapt, publish, transmit, and otherwise disclose to third parties any such Content in any manner and all media or methods presently known or later developed. This license permits us to make Content available to any and all third parties, whether known or unknown to you, and to use such Content to provide our Services and to promote, market, advertise, and improve the Services or other services owned by us. This license also authorizes us to disclose and/or make available Content to other individuals, legal entities, organizations, governmental bodies, or groups for the use of Content on other media or services, subject to our terms and conditions on such use. Any license, sublicense, distribution, disclosure, broadcast, republication or other use by the Company or third parties as permitted under this license is made without compensation paid to you with respect to the Content you provide on or through the Services as the use of the Services is hereby agreed as being sufficient compensation for the Content and the grant of rights herein.
- 6.3. Users of our Services are responsible for the Content they provide on or through the Services, including ensuring that the Content and the use of it complies with applicable laws, rules and regulations, and restrictions. The ConsumerDirect® is not responsible for, nor does it endorse, nor shall it be treated as the publisher or speaker of any Content provided by any person or entity using the Services. We are not responsible for or represent the accuracy, truthfulness, completeness, soundness, legality, reliability, or availability of any Content provided via the Services. The use of or reliance on any Content posted or provided via the Services is entirely at your own risk. We may not monitor or control the Content posted via the Services and, if we choose to do so or not do so, such action shall not be considered to be endorsement or support of any Content. We assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. You understand that by using the Service, You may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate.
- Communication Preferences
- 7.1. You consent to receiving communications, which may include, in-app notifications, SMS text messages, or emails from or on behalf of ConsumerDirect®. These communications may include but are not limited to recurring communications relating to your Account and the Services, as well as recurring marketing communications. Standard message and data rates may apply. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or prerecorded messages sent by or on behalf of ConsumerDirect®. You certify, warrant, and represent that you are the subscriber or non-subscriber customary user of the telephone number you provide ConsumerDirect®, and further certify, warrant, and represent that any other subscribers or customary users of that telephone number have authorized you to consent on their behalf to receive messages, including but not limited autodialed and/or prerecorded messages. Your agreement to receive these messages is not a condition of purchase or required to receive the Services.
- 7.2. If you do not wish to receive phone calls or SMS text messages, you may opt out of such messages by updating your communication preferences in your membership profile, or by replying "STOP" from the mobile device receiving the messages. You understand and agree that, in response to any such "STOP" message, you will receive a single SMS text message indicating that you will no longer receive any SMS text messages from or on behalf of ConsumerDirect®. For in-app notifications, you can change your settings in the mobile application and/or on your mobile device
- 7.3. If you prefer not to receive emails from us about offers and promotions, please unsubscribe via the unsubscribe link in an email, or Contact Us. Alternatively, you may opt-out of commercial email by updating your communication preferences in your membership profile. We will make efforts to comply with your request as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove personal information about you from the databases of third parties with which we have already disclosed personal information as of the date that we implement your opt-out request. If you wish to cease receiving marketing-related e-mails from third parties, please contact such third parties directly or utilize any opt-out mechanisms set forth in their respective privacy policies or marketing-related emails.
- Free Trials and Recurring Payments
- 8.1. Mobile Applications. You may be permitted to enroll in a free trial of subscription product (or other subscription-based Services) through a ConsumerDirect® mobile application using iTunes or Google Play, as applicable. If you enroll in a free trial, the 7-day trial begins at the time you submit your order. Enrollment in any product may take up to 24 hours to complete, so you may have access to the product for less than the 7-day period.
- 8.2. Recurring Payments If you do not cancel your subscription in product (or other subscription-based Services) within the day trial period, or if you otherwise agree to recurring payments, you will be billed a monthly fee for each month that you continue your subsciption. You agree that Apple, Inc. ("Apple") or Google, Inc. ("Google"), as applicable, may process this charge to your iTunes or Google Play account, as applicable, and that it is nonrefundable. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING APPLE OR GOOGLE, AS APPLICABLE, WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
- Warranties And Disclaimers.
- 9.1. GENERAL. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CONSUMERDIRECT® (AND ITS AFFILIATES AND SUPPLIERS) EXPRESSLY DISCLAIM ALL WARRANTIES OR GUARANTEES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THE SERVICES OR OTHER MATERIALS YOU MAY RECEIVE FROM CONSUMERDIRECT DO NOT CONSTITUTE LEGAL, TAX, PRIVACY, OR OTHER PROFESSIONAL ADVICE. CONSUMERDIRECT® (AND ITS AFFILIATES AND SUPPLIERS) MAKE NO WARRANTY THAT (I) THE SERVICES ARE ACCURATE, TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE RELIABLE.
- 9.2. INFORMATION. ANY INFORMATION ABOUT YOU OBTAINED FROM THIRD PARTIES THROUGH YOUR USE OF THE SERVICES IS PROVIDED "AS IS" WITHOUT ANY WARRANTY, CONDITION OR ANY OTHER TERM OF ANY KIND.
- Limitation of Liability.
- 10.1. YOU UNDERSTAND AND AGREE THAT CONSUMERDIRECT® WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCOUNT(S) WITH CONSUMERDIRECT®, OR ACCESS TO, USE, OR INABILITY TO USE THE SERVICES, OR FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON ANY WEBSITE OR MOBILE APP WE PROVIDE OR LINK TO, WHETHER FORESEEABLE OR NOT AND HOWEVER CAUSED, EVEN IF CONSUMERDIRECT® HAS BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE IN ANY EVENT THAT CONSUMERDIRECT®'S TOTAL LIABILITY TO YOU FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM CONSUMERDIRECT®'S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO CONSUMERDIRECT® FOR THE SERVICE YOU PURCHASE FROM CONSUMERDIRECT DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE LIABILITY.
- INTELLECTUAL PROPERTY.
- 11.1. The Services (including our websites mobile applications), as well as any compilations (including collections, arrangements, and/or assemblies) of the information specific to ConsumerDirect® contained in the Services are the property of ConsumerDirect®, or our licensors, and are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights. You acknowledge and agree that ConsumerDirect®'s name, Logos, and other terms, phrases, graphics, logos, and icons are common law or registered trademarks, service marks, and/or trade dress of ConsumerDirect® or its suppliers/affiliates (collectively "Marks"). You agree you will not use any such Marks for any purpose without the appropriate prior written authorization. Marks may not be used in connection with any service, websites, or digital property that are not ConsumerDirect®'s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ConsumerDirect® or its affiliates. All other trademarks, product names, or logos not owned by ConsumerDirect® that appear on the Websites are the property of their respective owners. All content included on the Websites, such as text, graphics, logos, button items, icons, images, data compilation, is the property of ConsumerDirect® or its suppliers and is protected by United States and international copyright laws. Furthermore, all software used on this site, and in other Services, is the property of ConsumerDirect® or its software suppliers and is protected by United States and international copyright laws.
- Dispute Resolution By Binding Arbitration
- 12.1. You and ConsumerDirect® agree to resolve all claims and disputes arising out of this Agreement directly related to the Services (including you use of our websites and mobile apps) to the maximum extent permitted by law, except any disputes or claims which under governing law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us directly relating to the provision of any Service subject to arbitration to the fullest extent permitted by law. For purposes of this arbitration provision, references to "ConsumerDirect," "you," and "us" shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors-in-interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of Services or information under this or prior Agreements between us relating to Services. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and ConsumerDirect® are each waiving the right to a trial by jury or to participate in a class action to the maximum extent permitted by law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement.
- 12.2. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to ConsumerDirect ®should be addressed to: ConsumerDirect, Inc.®, ATTN: Legal, 16795 Von Karman, # 230 Irvine, CA 92606 ("Notice Address"). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from ConsumerDirect® ("Demand"). If ConsumerDirect® and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or ConsumerDirect® may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by ConsumerDirect® or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or ConsumerDirect® is entitled. You may obtain more information about arbitration from www.adr.org.
- 12.3. After ConsumerDirect® receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. (The filing fee currently is $200 for claims under $10,000, but is subject to change by the arbitration provider. If you are unable to pay this fee, ConsumerDirect® will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties' dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties cannot agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the Federal Arbitration Act. In all events, the AAA Rules shall govern the parties' dispute. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA Rules may change from time to time, and you should review them periodically.
- 12.4. All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement's other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable. However if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall have the power to decide whether this agreement permits class or representative proceedings. The arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless ConsumerDirect® and you agree otherwise, any arbitration hearings will take place in the county Orange County, California. If your claim is for $10,000 or less, we agree that you may choose whether the final arbitration hearing will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Except as otherwise provided for herein, ConsumerDirect® will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse ConsumerDirect® for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
- 12.5. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the AAA Rules.
- 12.6. Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
- 12.7. YOU AND CONSUMERDIRECT® AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ConsumerDirect® agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific subsection 12.7 is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subsection 12.7 is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subsection 12.7 enforced. Any claims not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of the individual arbitration.
- 12.8. Notwithstanding any provision in this Agreement to the contrary, we agree that if ConsumerDirect® makes any change to this arbitration provision (other than a change to the Notice Address) during your membership in any Service, or subsequent to your purchase of any Service, you may reject any such change and require ConsumerDirect® to adhere to the language in this provision as written at the time of your enrollment or purchase if a dispute between us arises regarding such Service by providing Notice to ConsumerDirect® at the Notice Address above prior to initiating your dispute.
- 13.1. Term and Termination. This Agreement is effective until terminated by ConsumerDirect®. In the event of termination or the expiration of your Account with ConsumerDirect® or your use of the Services, the Dispute Resolution by Binding Arbitration, Intellectual Property, Disclaimers, and Limitations of Liability provisions set forth in these terms and conditions, as well as any other terms and conditions that, by their nature, should survive termination, shall survive.
- 13.2. Conflicting Terms: In the event of a conflict between this Agreement, or any other notice, policy, disclaimer or other term contained in the websites, mobile apps, or otherwise, this Agreement will control.
- 13.3. Assignment. You may not assign, delegate or otherwise transfer the Agreement (including any of your rights or remedies) to anyone else without our prior written consent. We may assign or otherwise transfer the Agreement (including any of our rights or remedies) in whole or in part to an affiliate or any entity that succeeds to all or substantially all of the assets or business associated with one or more products or services, and will notify you of any such assignment or transfer. We may subcontract any of the services in our sole discretion. Any assignment, delegation or other transfer in contravention of this Section 13.1 is void.
- 13.4. Feedback. You grant ConsumerDirect® a perpetual, irrevocable, transferable, non-exclusive right to use any comments, suggestions, ideas or recommendations you provide related to any of our products or services in any manner and for any purpose.
- 13.5. Severability. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions.
- 13.6. Governing Law. If not otherwise stated in the order form, the Agreement will be governed by the laws of the State of California, without regard to its choice of law provisions.
- 13.7. Force Majeure. ConsumerDirect® is not liable for any damages or failure to perform our obligations under the Agreement because of circumstances beyond our reasonable control.
- 13.8. Trials. All trials of our products and services are subject to the terms of this Agreement, unless we notify you otherwise. Access to our products and services for trials may only be used for your evaluation purposes.
- 13.9. No Waiver. If either party delays or fails to exercise any right or remedy under the Agreement, it will not have waived that right or remedy.
- 13.10. Entire Agreement and Non-Reliance. The Agreement contains the entire understanding between us regarding its subject matter and supersedes all prior agreements, understandings, negotiations, proposals and other representations, verbal or written, in each case relating to such subject matter, including without limitation any terms and conditions appearing on a purchase order or other form(s) used by you. Each of us acknowledges that in entering into the Agreement neither of us have relied on any representations made by the other that are not expressed in the Agreement.
- 13.11. Notice. Any notice to ConsumerDirect, Inc.® and any questions, concerns, or complaints relating to this Agreeemnt shall be addressed to:
16795 Von Karman Ave
Irvine, CA 92606