- Acceptance of the Terms of Services
- Changes to the Terms of Services
- Our Responsibility
- Our Calculator
- Accessing the Website and Account Security
- Intellectual Property Rights
- Prohibited Uses
- User Contributions
- Monitoring and Enforcement; Termination
- Content Standards
- Reliance on Information
- Changes to the Website
- Information About You and Your Visits to the Website
- Linking to the Website and Social Media Features
- Links from the Website
- Geographic Restrictions
- Disclaimer of Warranties
- Limitation on Liability
- Governing Law and Jurisdiction
- Limitation on Time to File Claims
- Waiver and Severability
- Entire Agreement
- Your Comments and Concerns
Last Modified: June 2, 2021
Acceptance of the Terms of Services
These Website Terms of Services (“Terms of Services”) are entered into by and between you and Dawn Life Settlements, LLC. (“DLS,” “we,” or “us”). These Terms of Services, together with any documents they expressly incorporate by reference, govern your access to and use of dawnlifesettlements.com (the “Website”), including any content, information, or proprietary data compilations (collectively, “Content”) and services offered on or through the Website, whether as a guest or a registered user.
By visiting, accessing or using the Website, Content, or Calculator (collectively, the “Platform”), you represent and warrant that you have the authority to enter into these Terms of Services and create a binding contractual obligation.
This Website is offered and available to users who are 18 years of age or older, and reside in the United States. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the DLS and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or Content.
Changes to the Terms of Services
We may revise and update these Terms of Services and the Platform from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Platform following the posting of revised Terms of Services means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
DLS is a life settlement marketing company, not a life settlement provider or a life settlement broker, and DLS does not represent you. DLS will refer qualified policy owners to one (1) licensed life settlement provider (“purchaser”).
You acknowledge that all Content on our Website is for informational purposes only and that any of your requests for information are unsolicited. You understand that DLS does not (i) provide investment, life settlement-related advice, or financial services; (ii) provide investment advice which creates a plan fiduciary; (iii) purchase or sell (facilitate an offer to purchase or sell) any life insurance policies or securities to any person or solicitate any person; (iv) endorse any life settlement professional, specific products or services; or (v) provide advice or an opinion regarding your life insurance plan. We strongly encourage you to consult with a purchaser, professional advisor, accountant, or attorney regarding your life insurance policy.
By accepting the terms of this Terms of Services and using our life settlement calculator (“Calculator”), you authorize and consent: (i) to our use of your information and (ii) that we may send your information to a purchaser who may contact you by email or other method of communication.
The Calculator is intended to assist DLS in the evaluation and qualification of life insurance policies. The results you receive from the use of our Calculator is not a bid or an actual offer to purchase your life insurance policy. Use of the Calculator does not guarantee that any life settlement provider will or will not offer to purchase your insurance policy.
The results you obtain from using the Calculator and completing our questionnaire form on the Website and any and all related conclusions shall be used for informational, illustrative and educational purposes only. You acknowledge that we make no representation or warranty, expressed or implied, as to the accuracy, reliability or completeness of such results or any assumption on which any conclusion is based.
You acknowledge and understand that any life settlement transaction between you and a purchaser involves different factors, including without limitation, different life expectancies, policy issuers and policy face values, all of which will influence the amount offered for the policy. The information you receive from the use of our Calculator such as the amount paid for the sale of a policy to a purchaser of a life settlement transaction, or investment return, if any, may differ from the results actually achieved in future life settlements from a purchaser.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Services and comply with them.
To access the Calculator or some of the resources on the Website, you may be asked to provide certain details or information such as your age, health, type of life insurance policy and the amount of your policy. You represent and warrant to, and agree with the DLS that, all of the information that you provide shall be truthful, accurate and complete.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Services.
Intellectual Property Rights
The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by DLS, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Services permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages on the Platform for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials or Content on the Platform.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Website.
If you wish to make any use of material on the Platform other than that set out in this section, please address your request to email@example.com.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Services, your right to use the Platform will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or Content or any other content on the Platform is transferred to you, and all rights not expressly granted are reserved by DLS. Any use of the Platform not expressly permitted by these Terms of Services is a breach of these Terms of Services and may violate copyright, trademark and other laws.
Our name “Dawn Life Settlements”, and all related names, logos, product and service names, designs and slogans are trademarks of DLS or its affiliates or licensors. You must not use such marks without the prior written permission of DLS. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners.
You may use the Platform only for lawful purposes and in accordance with these Terms of Services. You agree not to use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any materials which does not comply with the Content Standards set out in these Terms of Services.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate DLS, a DLS employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm DLS or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the materials on the Platform, or for any other purpose not expressly authorized in these Terms of Services, without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Services.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns and all of your User Contributions do and will comply with these Terms of Services.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not DLS, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Services, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for DLS.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Services.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS DLS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DLS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DLS OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, 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.
These content standards apply to any and all User Contributions and use of interactive services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or entity.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information
The information presented on or through the Website, sent by email or method of communication is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by DLS, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of DLS. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update any Content on this Website from time to time, but Content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
You may link to our homepage, provided you obtain prior written consent from us and do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Services.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Services.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our sole discretion.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of California in the United States. We provide the Platform for use only by persons located in the United States. We make no claims that the Platform or any of its Content is accessible or appropriate outside of the United States. Access to the Website or the Platform may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, CONTENT, CALCULATOR, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, BY EMAIL OR OTHER METHOD OF COMMUNICATION, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, CALCULATOR, ANY OTHER INFORMATION ON THE WEBSITE, ANY PRODUCTS OR SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, BY EMAIL OR OTHER METHOD OF COMMUNICATION IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, CALCULATOR, ANY PRODUCTS AND SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, BY EMAIL OR OTHER METHOD OF COMMUNICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DLS NOR ANY PERSON ASSOCIATED WITH DLS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, CONTENT, CALCULATOR, ANY OTHER INFORMATION ON THE WEBSITE, ANY PRODUCTS OR SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, BY EMAIL OR OTHER METHOD OF COMMUNICATION. WITHOUT LIMITING THE FOREGOING, NEITHER DLS NOR ANYONE ASSOCIATED WITH DLS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, CALCULATOR OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, BY EMAIL OR OTHER METHOD OF COMMUNICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, CONTENT, CALCULATOR, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, BY EMAIL OR OTHER METHOD OF COMMUNICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
DLS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
YOU ARE EXPRESSLY ADVISED NOT TO TAKE ANY ACTION, OR MAKE ANY DECISION, IN RELIANCE ON ANY CONTENT CONTAINED ON THE WEBSITE. YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION SPECIAL, INDIRECT OR CONSEQUENTIAL, SUFFERED AS A RESULT OF RELIANCE ON ANY CONTENT ON THE WEBSITE AND DLS IS NOT LIABLE FOR ANY ACTION OR INACTION TAKEN BY YOU TO DETERMINE YOUR DECISIONS. DLS ISSUES NO REPRESENTATION OR WARRANTY AS TO WHETHER A PARTICULAR POLICY WILL GENERATE ANY CONTINGENT SETTLEMENT OFFERS OR ULTIMATELY BE SOLD. IN ADDITION, DLS IS UNDER NO OBLIGATION TO ULTIMATELY FIND A PURCHASER OF THE POLICY OWNER’S POLICY.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL DLS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, BY EMAIL OR METHOD OF COMMUNICATION, OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless DLS, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Services, use of the Website, Content, or Calculator, including, but not limited to, your User Contributions, any use of the Website, Content, Calculator, or services and products other than as expressly authorized in these Terms of Services, or your use of any information obtained from the Website or by email.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Services, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Services, the Website, Content or Calculator shall be instituted exclusively in the federal courts of the United States or the courts of the State of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At DLS’ s sole discretion, DLS may require you to submit any disputes with DLS arising from the Website, Content, or these Terms of Services, including any disputes, claims or allegations arising from or concerning your use of the Website, Content, or their interpretation, violation, invalidity, non-performance, or termination of these Terms of Services, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the laws of the State of California. Such arbitration shall take place in San Francisco, California. You hereby agree and consents to such arbitration if DLS so requests. Notwithstanding the foregoing, neither party is precluded from seeking an individualized preliminary injunction or temporary restraining order, pending arbitration, in any court that has jurisdiction. In addition, DLS may seek injunctive or other equitable relief to protect its trade secrets and intellectual property rights or to prevent loss or damage to its Website in any court with competent jurisdiction. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST DLS ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR GROUP LITIGATION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE, LAW, YOU UNDERSTAND AND AGREES THAT YOU ARE (A) WAIVING THE RIGHT TO A TRIAL BY JURY; (B) WAIVING THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION; AND (C) WAIVING THE RIGHT TO CLAIM OR RECOVER PUNITIVE DAMAGES. These Terms of Services is a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICES, THE WEBSITE, OR CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
DLS may transfer, subcontract or otherwise assign DLS’s rights and obligations under these Terms of Services without notifying you or obtaining your consent. You may not transfer, subcontract or otherwise assign your rights or obligations under these Terms of Services.
Waiver and Severability
No waiver by DLS of any term or condition set forth in these Terms of Services shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DLS to assert a right or provision under these Terms of Services shall not constitute a waiver of such right or provision.
If any provision of these Terms of Services is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Services will continue in full force and effect.
Your Comments and Concerns
This Website is operated by DLS, located at 45 Lansing St Suite 2812, San Francisco, CA 94105.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to firstname.lastname@example.org.