This website (“Website”) is operated by Regroup Partners Inc. (“Regroup Partners”), and these terms and conditions apply to all websites and text message programs owned, operated, controlled, and otherwise made available by Regroup Partners and its affiliates (including, but not limited to, mirrored, co-branded, and successor sites).
IMPORTANT – READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE, SUBSCRIBING TO REGROUP PARTNERS SERVICES, INCLUDING THE TEXT PROGRAM, PURCHASING PRODUCTS, DOWNLOADING SOFTWARE, TECHNOLOGY, CONTENT OR DATA, AND/OR OTHERWISE USING THE REGROUP PARTNERS SERVICES AND PRODUCTS, AND THE RELATED REGROUP PARTNERS SOFTWARE, DATA AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH, AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE “REGROUP PARTNERS TECHNOLOGY”).
These Terms and Conditions of Use include an Arbitration Agreement, which will govern any dispute between you and us. Unless you opt out as described below, this Arbitration Agreement will:
– Eliminate your right to a trial by jury; and
– Substantially affect your rights, including preventing you from bringing, joining, or participating in class or consolidated proceedings.
REGROUP PARTNERS IS WILLING TO PROVIDE YOU WITH ACCESS TO THE REGROUP PARTNERS TECHNOLOGY THROUGH THIS WEBSITE AND MAKE AVAILABLE PRODUCTS AND SERVICES TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM REGROUP PARTNERS OR ITS AFFILIATES IN CONNECTION WITH THE REGROUP PARTNERS TECHNOLOGY (COLLECTIVELY, “REGISTRATION AND ORDER FORMS”) AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY ADDITIONAL TERMS AND CONDITIONS THAT CAN BE VIEWED EITHER ON THE PAGES CONTAINING ANY SERVICES OR OFFERINGS, OR VIA A LINK ON THOSE PAGES OR OTHER DIRECTIONS TO THE ADDITIONAL TERMS AND CONDITIONS (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CEASE USING THE REGROUP PARTNERS TECHNOLOGY AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING, OR INSTALLING THE REGROUP PARTNERS TECHNOLOGY OR PURCHASING PRODUCTS AND SERVICES FROM REGROUP PARTNERS.**
Authority
By accessing, subscribing, downloading, and/or otherwise using the Regroup Partners Inc. Technology, you (a) certify that you are at least 18 years of age, and that, if you are acting on behalf of any person or entity, you are authorized to act on behalf of such party, (b) have read this Agreement and have agreed to be legally bound by this Agreement, and (c) agree to all operating rules and policies of Regroup Partners Inc. that may be published within the Regroup Partners Inc. Technology or this Website.
Intellectual Property
The Regroup Partners Inc. Technology (including this Website) is owned and operated by Regroup Partners Inc. and its licensors and is protected by copyright and other intellectual property laws under United States and international laws and treaties – Copyright 2015-2024 Regroup Partners Inc. All rights reserved. The compilation and arrangement of all content, data, and other information found within the Regroup Partners Inc. Technology is also the sole and exclusive property of Regroup Partners Inc. and its licensors and is protected by U.S. and international intellectual property laws. The “look and feel” of the Regroup Partners Inc. Technology, meaning the structure, sequence, and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to Regroup Partners Inc. and its licensors and fully protected under U.S. and international intellectual property laws.
Trademarks
Any and all trademarks displayed within the Regroup Partners Inc. Technology are owned by Regroup Partners Inc., its licensors, or its affiliates. Nothing in this Agreement should be construed as transferring any aspects of such rights to you or to any third party.
Confidentiality
At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself or any other individual or entity, any Confidential Information of Regroup Partners Inc. “Confidential Information” means any submissions, trade secrets, or confidential or proprietary information, whether in written, digital, oral, or other form, that is unique, confidential, or proprietary to Regroup Partners Inc. or its licensors, including, but not limited to, all parts of the Regroup Partners Inc. Technology and any other materials or information related to the business or activities of Regroup Partners Inc. that are not generally known to others engaged in similar businesses or activities.
Digital Millennium Copyright Act Notice
Pursuant to the Digital Millennium Copyright Act, Regroup Partners Inc. has designated the person listed below as its agent to receive notifications of alleged copyright or other intellectual property infringement on this Website. Regroup Partners Inc. respects the intellectual property of others and asks our users to do the same. If you believe that your work has been copied in a way that constitutes infringement, or your intellectual property rights have been otherwise violated, please provide Regroup Partners Inc.’s Copyright Agent the following information (the “Copyright Notice”): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim has been infringed is located in the Regroup Partners Inc. Technology; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in your Copyright Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Regroup Partners Inc.’s Agent for transmitting the Copyright Notice for claims of copyright or other intellectual property infringement can be contacted at:
Regroup Partners Inc.
5301 N. Federal Highway
Suite 105
Boca Raton, Florida 33487
Use of the Regroup Partners Inc. Technology
Subject to the terms and conditions set forth herein and any third-party restrictions, Regroup Partners Inc. grants you a non-transferable, non-exclusive, and non-sublicenseable limited right and license to view, use, and access the Regroup Partners Inc. Technology to incidentally view, print, and download the images, text, graphics, photographs, audio, video, and other content available within the Regroup Partners Inc. Technology solely for your informational purposes and for your immediate, private, personal, and non-commercial use; provided you retain all Regroup Partners Inc. copyright and proprietary notices contained in the original materials or any copies thereof.
All rights not expressly stated herein are reserved by Regroup Partners Inc., and Regroup Partners Inc. disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the Regroup Partners Inc. Technology, or any part thereof; (ii) copy, distribute, display, transmit, or reproduce the Regroup Partners Inc. Technology, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the Regroup Partners Inc. Technology, or any part thereof, including, but not limited to, using any part of the Regroup Partners Inc. Technology to create fonts, icons, links, buttons, wallpaper, and unlicensed merchandise; (iv) assign, sublicense, convey, transfer, pledge as security, or otherwise encumber the rights and licenses granted hereunder; or (v) use the Regroup Partners Inc. Technology in any fashion that may infringe any patent, copyright, trademark, trade secret, or any other intellectual property or proprietary right of Regroup Partners Inc., its third-party suppliers, or any other third party.
You agree not to access the Regroup Partners Inc. Technology by any means other than through the interface that is provided to you by Regroup Partners Inc. for use in accessing the Regroup Partners Inc. Technology.
By posting information or other materials on this Website or within the Regroup Partners Inc. Technology or by making such information available for downloading by you, Regroup Partners Inc. does not waive any proprietary right in and to the Regroup Partners Inc. Technology (including, but not limited to, copyright, service mark, trademark, patent, trade secret, or other intellectual property or proprietary right) and does not transfer any rights to you in the Regroup Partners Inc. Technology except for the limited license expressly granted herein.
Submissions
Any and all comments, suggestions, ideas, graphics, personally identifiable information, and any other information that you transmit to Regroup Partners Inc. through the Regroup Partners Inc. Technology (“Submission”) become and will remain the sole and exclusive property of Regroup Partners Inc. and may be used by Regroup Partners Inc. anywhere, anytime, and for any reason whatsoever, including, but not limited to, developing, manufacturing, and marketing products and services incorporating the Submission, subject only to our Privacy Policy with respect to our use of your personally identifiable information. By making a Submission, you waive the right to make any claim against Regroup Partners Inc. or any of its respective parents, subsidiaries, affiliates, employees, agents, directors, officers, and shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract, or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you. To the extent Regroup Partners Inc. does not acquire full ownership of your Submission, you hereby assign all right, title, and interest in and to your Submission to Regroup Partners Inc. without the payment of any further consideration to you by Regroup Partners Inc. You agree to execute any instruments and to do all things reasonably requested by Regroup Partners Inc. to vest in Regroup Partners Inc. all right, title, and interest in and to your Submission. You also hereby irrevocably designate and appoint Regroup Partners Inc. and its duly authorized officers and agents as your agent and attorney-in-fact, which appointment is coupled with an interest, to act for and in its behalf to execute, verify and file any document and do any other lawfully permitted acts to further the purpose of the foregoing sentences with respect to the ownership of the Submission as if executed by you.
You represent and warrant that your Submissions: (a) shall be true, accurate, current, complete, and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance, or regulation, and (e) shall not create any liability for Regroup Partners Inc. You also agree to maintain and promptly update your Submissions by means of the Regroup Partners Inc. Technology in order to keep that information true, accurate, current, and complete.
Participation Disclaimer
Regroup Partners Inc. does not and cannot review all Submissions posted to or created by users accessing the Regroup Partners Inc. Technology (including, but not limited to, this Website), and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the Regroup Partners Inc. Technology (including, but not limited to, this Website), Regroup Partners Inc. is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities. Even though Regroup Partners Inc. may monitor and review transmissions, we assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy, obscenity, profanity, or misrepresentation. Notwithstanding the foregoing, Regroup Partners Inc. reserves the right to block or remove communications, postings, or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, or other intellectual property rights of another or (d) offensive or otherwise unacceptable to Regroup Partners Inc. in its sole discretion.
Disruptive Behavior
Harassment in any manner or form on this Regroup Partners Inc. Website or through the use of the Regroup Partners Inc. Technology, including via email, web blog (“blog”), comments, submissions, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others or misrepresenting your affiliation with another, including a Regroup Partners Inc. employee or representative, as well as other members or visitors on this Regroup Partners Inc. Website or through the use of the Regroup Partners Inc. Technology is prohibited. You may not upload to, distribute, send, or otherwise publish through this Regroup Partners Inc. Website or within the Regroup Partners Inc. Technology any content which is harmful, libelous, defamatory, obscene, disruptive, harassing, threatening, offensive, invasive of privacy or publicity rights, abusive, hateful, or racially, ethnically, or otherwise objectionable; which may constitute or encourage a criminal offense, violate the rights of any party; or which may otherwise give rise to civil liability, violate any law, or infringe on a third party’s intellectual property right (including, but not limited to, material that violates Regroup Partners Inc.’s then current policies).
You may not: (i) use Regroup Partners Inc. Technology to harm minors in any way; (ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Regroup Partners Inc. Technology; (iii) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (iv) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; and (v) “stalk” or otherwise harass another; or collect or store personal data about other users.
Electronic Delivery Policy and Your Consent
By using the Regroup Partners Inc Technology, you consent to receive from Regroup Partners Inc all communications including notices, agreements, legally required disclosures, or other documents or information in connection with the Regroup Partners Inc Technology (collectively, “Notices”) electronically in accordance with our Electronic Delivery Policy. Regroup Partners Inc may, in its discretion, provide such electronic Notices by posting them on this Website. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Website and the Regroup Partners Inc Technology.
Warranty Disclaimer
You access and use the Regroup Partners Inc Technology at your sole risk. The Regroup Partners Inc Technology is provided to you on an “as is” and “as available” basis. To the fullest extent permissible pursuant to applicable law, Regroup Partners Inc disclaims all warranties (whether express, statutory, or implied) of any kind, including, but not limited to, implied warranties of title, merchantability, data accuracy, system integration, fitness for a particular purpose, non-infringement, and any other warranty arising under the Uniform Commercial Code, usage of trade, course of conduct, or otherwise.
Without limiting the foregoing, Regroup Partners Inc does not represent or warrant that (a) the Regroup Partners Inc Technology will be uninterrupted, timely, secure, or error-free, (b) the defects in the Regroup Partners Inc Technology will be corrected, (c) the Regroup Partners Inc Technology or the servers that operate the Regroup Partners Inc Technology are free of viruses or other harmful components, (d) the data, results, and information within the Regroup Partners Inc Technology will be correct, accurate, adequate, useful, reliable, or otherwise, and (e) the Regroup Partners Inc Technology will meet your needs, requirements, or expectations.
Regroup Partners Inc may make changes to the content within the Regroup Partners Inc Technology or to the products or services described in it at any time without notice to you. Further, Regroup Partners Inc assumes no liability or responsibility for any errors or omissions in the content within the Regroup Partners Inc Technology. The materials in the Regroup Partners Inc Technology may be out of date or inaccurate, and Regroup Partners Inc specifically disclaims any duty to update such content.
Any material downloaded or otherwise obtained by you through the use of the Regroup Partners Inc Technology is done at your sole discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such material, including, but not limited to, damage caused by viruses.
You acknowledge and agree that Regroup Partners Inc shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submissions; (ii) any Submission sent or received or not sent or received; and (iii) any Submission stored on storage devices owned, operated, or controlled by Regroup Partners Inc. You acknowledge and agree that Regroup Partners Inc shall not be responsible or liable for any Submissions or conduct of any third party, including, but not limited to, content sent using and/or included within the Regroup Partners Inc Technology provided by any other user of this Website or any third-party licensors or suppliers of Regroup Partners Inc.
Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. If any of the exclusions set forth in this Section is determined by a court of competent jurisdiction to be unenforceable, then all such express, implied, and statutory warranties shall be limited in duration for a period of thirty (30) days after the date on which you first access the Regroup Partners Inc Technology, and no warranties shall apply after such period.
Limitation of Liability
NEITHER REGROUP PARTNERS INC, ITS SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE REGROUP PARTNERS INC TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE REGROUP PARTNERS INC TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE REGROUP PARTNERS INC TECHNOLOGY OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN THE REGROUP PARTNERS INC TECHNOLOGY; THE LINKING TO OTHER WEBSITES FROM THE REGROUP PARTNERS INC TECHNOLOGY; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THIS WEBSITE; COMPUTER VIRUS OR SYSTEM FAILURE; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE REGROUP PARTNERS INC TECHNOLOGY WHETHER OR NOT REGROUP PARTNERS INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL REGROUP PARTNERS INC’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO REGROUP PARTNERS INC FOR ACCESS AND USE OF THE REGROUP PARTNERS INC TECHNOLOGY OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH REGROUP PARTNERS INC TECHNOLOGY, OR, IN ALL OTHER CASES, FIVE DOLLARS ($5.00).
ANY CREDIT SCORE MADE AVAILABLE TO YOU BY REGROUP PARTNERS INC THROUGH THE SERVICES ON THIS WEBSITE IS NOT A FICO SCORE, AND IS NOT MEANT TO REPLICATE ANY CREDIT SCORES REPORTED BY ANY OTHER COMPANY, INCLUDING, BUT NOT LIMITED TO, ANY CONSUMER REPORTING AGENCY. REGROUP PARTNERS INC DOES NOT GUARANTEE THAT ANY ESTIMATED CHANGE IN YOUR CREDIT SCORE PRESENTED AS PART OF ANY SERVICES AVAILABLE ON THIS WEBSITE WILL RESULT IN AN EQUAL OR COMPARABLE CHANGE IN ANY CREDIT SCORE CALCULATED BY ANY OTHER COMPANY WITH REGARD TO YOUR CREDIT.
REGROUP PARTNERS INC IS NOT IMPLYING AND DOES NOT GUARANTEE THAT THE SERVICES AVAILABLE ON THIS WEBSITE WILL IMPROVE YOUR CREDIT RECORD, CREDIT HISTORY, CREDIT RATING, OR CREDIT SCORE. WE WILL NOT LEND YOU MONEY OR REPAY YOUR DEBTS, NOR WILL WE ASSIST YOU IN OBTAINING AN EXTENSION OF CREDIT IN ANY MANNER. WE DO NOT, AND WILL NOT, CONTACT ANY CONSUMER CREDIT REPORTING AGENCY ON YOUR BEHALF TO DISPUTE ANY INFORMATION CONTAINED ON YOUR CREDIT REPORT. CERTAIN FEDERAL AND STATE LAWS PROHIBIT MAKING ANY STATEMENT WHICH IS UNTRUE OR MISLEADING WITH RESPECT TO YOUR CREDIT WORTHINESS, CREDIT STANDING, OR CREDIT CAPACITY (I) TO A CREDIT REPORTING AGENCY, OR (II) TO ANY PERSON (A) WHO HAS EXTENDED CREDIT TO YOU OR (B) TO WHOM YOU HAVE APPLIED OR ARE APPLYING FOR AN EXTENSION OF CREDIT. CERTAIN FEDERAL AND STATE LAWS ALSO PROHIBIT MAKING ANY STATEMENT THE INTENDED EFFECT OF WHICH IS TO ALTER YOUR IDENTIFICATION TO PREVENT THE DISPLAY OF YOUR CREDIT RECORD, HISTORY, OR RATING (I) TO A CREDIT REPORTING AGENCY, OR (II) TO ANY PERSON (A) WHO HAS EXTENDED CREDIT TO YOU OR (B) TO WHOM YOU HAVE APPLIED OR ARE APPLYING FOR AN EXTENSION OF CREDIT.
ANY INFORMATION PROVIDED TO YOU AS PART OF THE SERVICES MADE AVAILABLE ON THIS WEBSITE REGARDING YOUR RIGHTS UNDER FEDERAL, STATE, OR OTHER LAW, INCLUDING, BUT NOT LIMITED TO, THE FAIR REPORTING ACT (15 U.S.C. 1681, ET SEQ.) AND THE FAIR AND ACCURATE CREDIT TRANSACTIONS ACT OF 2003 (PUB. L. 108-159, 117 STAT. 1952) IS INTENDED TO PRESENT ONLY A GENERAL OVERVIEW OF SUCH LAW AND IS NOT INTENDED TO CONSTITUTE LEGAL ADVICE. IF YOU HAVE SPECIFIC QUESTIONS OR CONCERNS RELATING TO SUCH LAWS, YOU SHOULD SEEK APPROPRIATE LEGAL COUNSEL.
SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.
Access to Regroup Partners Inc Technology
You shall be responsible for obtaining access to the Regroup Partners Inc Technology and for all equipment necessary to access the Regroup Partners Inc Technology, and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges). You are responsible for all charges associated with connecting you to the Regroup Partners Inc Technology, including, without limitation, all telephone, equipment, airtime, and internet service provider charges.
Passwords and Your Obligations
You may be asked to register as a member on certain pages or services within the Regroup Partners Inc Technology and to select a unique username and password to access your account and use any of the Regroup Partners Inc Technology. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not authorized by you. You agree to immediately notify Regroup Partners Inc in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e., “logging off”) at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized.
Please notify us immediately of any unauthorized use of your user name and password via email to legal@regrouppartners.com
Security
The Regroup Partners Inc Technology resides on the public internet. Regroup Partners Inc uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to Regroup Partners Inc and any information stored on servers controlled by Regroup Partners Inc. Notwithstanding these efforts, Regroup Partners Inc cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.
Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of Regroup Partners Inc or another entity; (b) access data or materials not intended for you; (c) log into or access a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (e) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (e) interfere with, disrupt, or harm in any way the Regroup Partners Inc Technology, the servers or networks used in connection with it, or services to any user, host or network; (f) use the Regroup Partners Inc Technology in violation of the requirements, procedures, policies or regulations of any other website providers, websites, chat rooms, networks connected to the Regroup Partners Inc Technology (including, but not limited to, this Website) or the like; (g) use Internet Relay Chat (IRC) bots via this Regroup Partners Inc Website (i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day); (h) run any program on this Regroup Partners Inc Website or through the Regroup Partners Inc Technology that makes a service or resource available to others, including, but not limited to, port redirectors, proxy servers, chat servers or simulated multi-user environments; (i) run programs or specifically configure machines in such a way as to keep a dial-up connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; or (j) engage in denial of service attacks (i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic).
Violations of system or network security may result in civil or criminal liability. Regroup Partners Inc reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who have participated in such violations.
Representations
Subject to the terms and conditions set forth herein, you may use the Regroup Partners Inc Technology only for lawful purposes. The Regroup Partners Inc Technology is subject to, and you agree that you shall at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations, and ordinances including, but not limited to, any regulations having the force of law that are applicable to the use of the Regroup Partners Inc Technology and to your Submission.
Authorization
To the extent you register and utilize the service known as the Regroup Partners Inc credit counseling services available on this Website, you hereby expressly authorize Regroup Partners Inc to obtain, on your behalf, a copy of your credit report from a credit reporting agency and to disclose certain identifying information to said credit reporting agency such as your social security number as part of our effort to obtain your credit report. You hereby authorize us to receive your credit report and to utilize your report and the contents thereof in rendering the credit counseling services.
Indemnification
You agree to indemnify, defend, and hold harmless Regroup Partners Inc, its affiliates, agents, vendors, distributors, licensors, and suppliers and their officers, directors, and employees from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from (a) any violation of the terms and conditions of this Agreement, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of (or inability to use) the Regroup Partners Inc Technology, and (d) any use of your Submission by Regroup Partners Inc or any other party, including, but not limited to, any third-party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity. Nothing herein shall apply to actions or claims under the provisions of the United States Bankruptcy Code, 11 U.S.C. § 111(g)(2).
Blog Disclaimer
The blog entries, quotations, and other editorial content on this Regroup Partners Inc Website are provided “as is” with no warranties and confer no rights. The blog entries are solely the opinion of the author and do not necessarily reflect the opinions of Regroup Partners Inc and/or its affiliates.
Termination
You agree that Regroup Partners Inc, at its sole discretion, may terminate or suspend your access to and use of the Regroup Partners Inc Technology (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if Regroup Partners Inc believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. Regroup Partners Inc reserves the right at any time to modify or discontinue, temporarily or permanently, your access to and use of the Regroup Partners Inc Technology (or any part thereof) without notice. You agree that Regroup Partners Inc shall not be liable to you or to any third party for any modification, suspension, or discontinuance of your use of or access to the Regroup Partners Inc Technology. Your obligations under this Agreement shall continue even after Regroup Partners Inc has terminated and/or canceled this Agreement or your access to the Regroup Partners Inc Technology.
Applicability of Content
This Website is operated in the State of Florida, United States of America, and Regroup Partners Inc makes no representation that the content provided through the Regroup Partners Inc Technology is applicable or appropriate for use in jurisdictions other than the United States of America. If you access our Regroup Partners Inc Technology (including, but not limited to, this Website) from outside of the United States, please be aware you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your viewing and use of the Regroup Partners Inc Technology, you may not view or use the Regroup Partners Inc Technology.
Privacy Policy
We realize that you are concerned about how the information you provide online will be used. Regroup Partners Inc has a Privacy Policy that discloses what information Regroup Partners Inc collects about you, how Regroup Partners Inc uses such information, the steps Regroup Partners Inc takes to secure such information, how you can view and correct such information, and how you can decline to have such information about you collected or used. The Privacy Policy is available on this Website and is incorporated herein by this reference. Please read our Privacy Policy for more details.
Jurisdiction
This Agreement shall be governed and construed in all respects by the laws of the State of Florida, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention on Contracts for the International Sale of Goods. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Regroup Partners Inc Technology, and purchases of products and/or services through the Regroup Partners Inc Technology must be filed within one (1) year after such claim or cause of action arose or be forever barred, and you expressly waive any other statute of limitations which otherwise may apply. You agree to submit to the exclusive jurisdiction of the courts of the State of Florida or the United States District Court for the State of Florida for resolution of any dispute, action, or proceeding arising in connection with this Agreement or your use or non-use of this Website. You hereby irrevocably waive any right you may have to a trial by jury in any such dispute, action, or proceeding.
Order of Preference
This Agreement governs your use and access to the Regroup Partners Inc Technology. This Agreement does not modify, alter, or amend any other specific agreement you have entered or will enter into with Regroup Partners Inc. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on this Website or within the Regroup Partners Inc Technology, conflicts with any provision of your other agreements with Regroup Partners Inc, the terms and conditions of such other agreement shall take precedence over the conflicting term(s) and conditions of this Agreement.
Links to Other Web Sites
The Regroup Partners Inc Technology contains links to other web sites (“Third Party Sites”) controlled or offered by third parties (non-affiliates of Regroup Partners Inc). Regroup Partners Inc is not responsible for the content, accuracy, or opinions expressed on such Third Party Sites and such sites are not investigated, monitored, or checked for accuracy or completeness by Regroup Partners Inc. Regroup Partners Inc hereby disclaims any and all liability for any information, materials, and products or services posted or offered at any of the Third Party Sites. By creating a link to Third Party Sites, Regroup Partners Inc does not endorse or recommend any products or services offered or information contained at Third Party Sites, nor is Regroup Partners Inc liable for any failure of products and services offered or advertised at those sites. Such third parties may have a privacy policy different from that of Regroup Partners Inc and Third Party Sites may provide less security than Regroup Partners Inc.
Revisions and Consents
Regroup Partners Inc reserves the right to revise the terms and conditions of this Agreement at any time and for no or any reason whatsoever. Regroup Partners Inc also reserves the right to make changes at any time, without notice or obligation, to any of the information, products, or services contained on or offered through the Regroup Partners Inc Technology (including, but not limited to, on this Website). Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on this Website or via electronic notice as described above. By continuing to enter this Website and/or using the Regroup Partners Inc Technology, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically review the terms and conditions of this Agreement.
ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER
Mandatory Binding Individual Arbitration. Except as expressly provided below, you agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity, or any other legal theory) between you and Regroup Partners Inc (whether arising out of or relating to past, present, or future acts or omissions) (“Claims”) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”).
Waiver of Class Actions. You and Regroup Partners Inc each agree that each party will assert Claims in arbitration only in our individual capacity, and not as a representative or member of any purported class. We each agree that we will not participate in any class, mass, collective, consolidated, private attorney general, or other representative arbitration proceeding. Each party agrees that the arbitrator has no authority to arbitrate Claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one person in a single arbitration.
Waiver of Jury Trial. Each party waives its constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Claims.
Small Claims Not Subject to Arbitration. Either party may bring individual Claims in small claims court.
Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator.
Arbitration Provider. Each party will initiate arbitration before JAMS, Inc. (“JAMS”) or any successor to JAMS, which is an alternative dispute resolution provider (“ADR Provider”). In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration,” then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case.
Arbitration Rules. The arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures (available at [www.jamsadr.com](http://www.jamsadr.com)) (“Arbitration Rules”). The rules of the ADR Provider will govern all aspects of the arbitration, except to the extent such rules are in conflict with this Arbitration Agreement.
Arbitration Location. If an in-person hearing is required, then it will take place in Orlando, FL, Minneapolis, MN, Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA, or Dallas, TX (whichever is closest to your residence), unless the claimant primarily resides outside the United States (in which case the arbitrator will give the parties reasonable notice of the date, time, and place of any oral hearings).
Fees. Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.
Arbitrator’s Authority and Award. The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider’s Rules, and this Arbitration Agreement. The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction.
Governing Law. This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to, the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.
General Provisions
If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement. You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect.
Regroup Partners Inc’s failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term, or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement. Regroup Partners Inc may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of Regroup Partners Inc. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
Entire Agreement
This Agreement constitutes the entire agreement between you and Regroup Partners Inc with respect to the subject matter addressed herein, and governs your access to and use of the Regroup Partners Inc Technology, superseding any prior agreements between you and Regroup Partners Inc relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with Regroup Partners Inc pursuant to your enrollment and/or participation in other features of the Regroup Partners Inc Technology.
Print this Agreement
For record-keeping purposes, Regroup Partners Inc encourages you to print this Agreement and the ancillary documents described herein.
