Last Modified: February 13, 2021

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.  THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

IF YOU DO NOT AGREE TO BE BOUND TO ALL OF THESE TERMS, DO NOT USE OUR SITE.  YOUR FULL ACCEPTANCE OF THESE TERMS IS AN ESSENTIAL CONDITION TO OUR ALLOWING YOU TO ACCESS OUR WEBSITE AND OTHER INFORMATION AS DESCRIBED BELOW.

The following Terms and Conditions of Use are entered into by and between You and Innovative Senior Solutions, LLC. ("Company", "we", or "us").

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of all associated including any content, functionality and/or membership services offered on or through this website (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Online Membership Terms located at https://members.innovativeseniorsolutions.com/pages/terms, and our Privacy Policy located at https://members.innovativeseniorsolutions.com/pages/privacy, all of which are hereby incorporated by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you agree not to access or use the Website.

Who Can Use This Website?

This Website is offered and available to Members who have subscribed to our Services. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you agree to not access or use the Website. To the maximum extent permitted by law, we reserve the right to refuse service to you at any time.

Use of Paid Subscriptions, Trainings, Programs, and Associated Material

The Company from time-to-time provides various subscriptions, trainings, programs, and associated material through this Website (collectively the “Courses”). The Company grants you a limited, personal, non-exclusive, non-transferable license to use our Courses for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.

By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.

No Unlawful Or Prohibited Use And Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website, its Courses, Content, and Resources (as those terms are defined below), and any other materials available for download from the Website strictly in accordance with these Terms of Use.

As a condition of your use of the Website, you agree that you will not use the Website or any of the resources (the "Resources") available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You agree not to use the Website or any of the Resources in any manner that could damage, disable, overburden, or impair the Website, or interfere with any other party’s use and enjoyment of the Website, or infringes upon the rights of any third party. You may not obtain or attempt to obtain any materials, information, or any other thing through any means not intentionally made available or provided for through the Website.

The Company may also provide various resources on this Website, which include content accessible by providing an e-mail address or identifying information (the "Freemium Content"), and various templates and/or forms for download and/or sale on this Website ("Forms").

All content provided on the Website (or included as part of the Courses), such as text, graphics, logos, images, as well as the compilation thereof, Freemium Content, Forms, Resources, and any software used on the Website (all such information shall be referred to as the "Content"), is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Your access to Content does not result in a transfer of any intellectual property to you. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit in whole or in part any of the Content or Resources. 

The Courses, Content, and Resources are not for resale. Your use of the Website or anything available on or download from the Website does not entitle you to make any unauthorized use thereof, and in particular you will not delete or alter any proprietary rights or attribution notices therein.

You will use this Website, the Courses, Content, and Resources solely for your individual, non-competitive use as an end-user, and will make no other use thereof without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected material. We do not grant you any licenses, express or implied, to Content or Resources or any other intellectual property of the Company or our licensors except as expressly authorized by these Terms.

You hereby agree that any infringement of our intellectual property rights and misuse of the Resources, Website, or Content shall result in an immediate termination of the license granted hereunder in addition to other remedies contained in this Agreement, including but not limited to, the legal remedies available to Company in both law and equity. To be clear, if you violate our intellectual property rights or misuse any Protected Content, your access to the Website, Resources, Courses, and Content will be terminated immediately, and you shall not be entitled to any refund of any portion of the fees paid and/or owed.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. You agree not to use such marks without the prior written permission of the Company or of their respective owners.

Accessing The Website And Account Security

We reserve the right to withdraw or amend this Website and any Courses, Content or Resource, or other 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. We reserve the right to do any of the foregoing at any time, for whatever reason, and without explanation before, during, or after we do so, although we will use our best efforts to provide notice of substantive changed to this Website where possible.

To access the Website, its Courses, Contents, Resources, or any of the materials the Website offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. Any incorrect, obsolete, or incomplete information may be grounds for termination of your access to the Website and/or cancellation without refund of any Subscription you may have purchased on the Website. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you agree to agree to treat such information as confidential, and you agree not to disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any suspected unauthorized access to or use of your username or password or any other suspected breach of security. You also agree to ensure that you exit and log out 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 Use.

For Educational And Informational Purposes Only

The information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The Content and Resources found and available for download through this Website are not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice and you agree to use any such Content or Resources at your own personal, professional, commercial, and legal risk.

Accuracy And Personal Responsibility

We have done our best to ensure that the Courses, Content, and Resources found and available for download through this Website are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.

No Guarantees as To Results

As set forth more fully in the DISCLAIMER below, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides access through this Website to Courses, Content, and Resources that users may find helpful when used in combination with information obtained from other sources including but not limited to professional advisors. By accessing this Website and its Courses, Content, and Resources, you agree that your personal ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles set out in the Courses, Contents, Resources of this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

Email And Other Electronic Communications

Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order. We also cannot guarantee that we will be in a position to give you notice of any such court ordered disclosure.

Use Of Communication Services

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services or to the Website at any time without notice for any reason whatsoever including but not limited to violations of any of your obligations in the preceding paragraph.

The Company reserves the right at all times, without notice at any time, to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the substance of any messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials. The Company reserves the right to terminate your access to any or all of the Communication Services or to the Website at any time without notice for any reason whatsoever including but not limited to violations of any of your obligations in this paragraph.

Materials Provided To The Website

The Company does not claim ownership of the materials you may provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submissions you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submissions in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submissions; and to publish your name in connection with your Submissions.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. The Company reserves the right to terminate your access to any or all of the Communication Services or to the Website at any time without notice for any reason whatsoever including but not limited to violations of any of your obligations in this paragraph.

Guests

The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.

Individuals, including you, who agree to appear as guests on any podcast or other medium offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.

Links To Third Party Websites And Services

The Website may contain links to other Websites ("Linked Websites"). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.

Certain services made available via the Website are delivered by third-party Websites and organizations ("Third-Party Websites"). By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.

We are not responsible for examining or evaluating the content or accuracy of and we do not guarantee and will not have any liability or responsibility for any materials, products, or services you receive from or any interaction you experience at any such Linked Websites or Third-Party Websites. The Company does not endorse any such Linked Websites or Third-Party Websites. Please review carefully the terms of use, privacy policies, or other legal documents provided by such Linked Websites or Third-Party Websites before you use them or engage in any transaction. You agree that any complaints, claims, concerns, or questions regarding such Linked Websites or Third-Party Websites should be directed to such Linked Websites or Third-Party Websites.

DISCLAIMERS -- NO WARRANTIES AND LIMITATION OF LIABILITY

THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE COURSES, CONTENTS, RESOURCES, FREEMIUM CONTENT, INFORMATION, FORMS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE WHICH ARE PROVIDED ON AN “AS-IS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE COURSES, CONTENTS, RESOURCES, FREEMIUM CONTENT, INFORMATION, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES, CONTAINED ON OR AVAILABLE THROUGH THIS WEBSITE AND/OR ANYTHING YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.

THE COURSES, CONTENTS, RESOURCES, FREEMIUM CONTENT, INFORMATION, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES, CONTAINED ON OR AVAILABLE THROUGH THIS WEBSITE AND/OR ANYTHING YOU MAY DOWNLOAD FROM THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE COURSES, CONTENTS, RESOURCES, FREEMIUM CONTENT, INFORMATION, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES, CONTAINED ON OR AVAILABLE THROUGH THIS WEBSITE AND/OR ANYTHING YOU MAY DOWNLOAD FROM THIS WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

IF ANY PART OF THIS LIMITATION ON LIABILITY OR WARRANTIES ARE FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TWO THOUSAND AND FIVE HUNDRED DOLLARS ($2,500.00).

THE PARTIES AGREE THAT THE OBLIGATIONS CONTAINED WITHIN THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATING TO OR ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, ANY USER POSTINGS MADE BY YOU, YOUR VIOLATION OF ANY TERMS OF THIS AGREEMENT OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. THE COMPANY RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH THE COMPANY IN ASSERTING ANY AVAILABLE DEFENSES.

THE PARTIES AGREE THAT THE OBLIGATIONS CONTAINED WITHIN THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

ARBITRATION

YOU HEREBY EXPRESSLY WAIVE ANY AND ALL CLAIMS YOU MAY HAVE, NOW OR IN THE FUTURE, ARISING OUT OF OR RELATING TO THIS WEBSITE, THE COMPANY, ANY AND ALL CONTRACTS YOU ENTER INTO WITH THE COMPANY, AND ANY AND ALL OF THE COMPANY’S PRODUCTS AND SERVICES.

TO THE EXTENT THAT YOU ATTEMPT TO ASSERT ANY SUCH CLAIM, YOU HEREBY EXPRESSLY AGREE TO WAIVE ANY RIGHT TO TRIAL BEFORE A JURY OR JUDGE IN A COURT OF LAW AND TO PRESENT SUCH CLAIM ONLY THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE FOLLOWING:

THESE TERMS OF USE AND ALL RELATED DOCUMENTS, MEMBERSHIPS, INCLUDING ALL EXHIBITS ATTACHED HERETO, AND ALL MATTERS ARISING OUT OF OR RELATING TO THESE TERMS OF USE, WHETHER SOUNDING IN CONTRACT, TORT, OR STATUTE, ARE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF GEORGIA, UNITED STATES OF AMERICA, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PROVISIONS THEREOF TO THE EXTENT SUCH PRINCIPLES OR RULES WOULD REQUIRE OR PERMIT THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THOSE OF THE STATE OF GEORGIA.

UNLESS REMEDIES HAVE BEEN EXPLICITLY PROVIDED FOR OTHERWISE IN THESE TERMS OF USE AND THE AGGRIEVED PARTY SEEKS TO ENFORCE ITS RIGHTS IN ACCORDANCE WITH THOSE REMEDIES, AND EXCLUDING SUITS FOR INJUNCTIVE RELIEF, THE EXCLUSIVE MEANS OF RESOLVING THROUGH ADVERSARIAL DISPUTE RESOLUTION ANY DISPUTES ARISING OUT OF THESE TERMS OF USE SHALL BE AS FOLLOWS:

FOR ANY DISPUTE, CLAIM OR CONTROVERSY UNDER $25,000 IN VALUE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR THE BREACH THEREOF, ANY SUCH DISPUTE SHALL BE RESOLVED BY ARBITRATION ADMINISTERED BY FAIRCLAIMS (WWW.FAIRCLAIMS.COM) IN ACCORDANCE WITH ITS ARBITRATION RULES & PROCEDURES EFFECTIVE AT THE TIME A CLAIM IS MADE, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

FOR ANY DISPUTE, CLAIM OR CONTROVERSY AT LEAST $25,000.01 IN VALUE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR THE BREACH THEREOF, ANY SUCH DISPUTE SHALL BE RESOLVED BY ARBITRATION BEFORE ONE (1) ARBITRATOR, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES.  

EACH PARTY HEREBY EXPRESSLY CONSENTS TO ANY SUCH DISPUTES BEING SO RESOLVED BY THESE ARBITRATION TERMS, AND THAT ALL PROCEEDINGS BE EXCLUSIVELY CONDUCTED ELECTRONICALLY VIA SECURE VIDEO CHAT, WHEN AVAILABLE.  IF ELECTRONIC ATTENDANCE IS NOT AVAILABLE, ALL ARBITRATION HEARINGS SHALL BE CONDUCTED IN ANY SUITABLE FACILITY LOCATED IN THE GWINNETT COUNTY, GEORGIA AREA.  YOU HEREBY CONSENT TO ELECTRONIC SERVICE OF PROCESS, WITH SERVICE TO BE MADE TO THE EMAIL ADDRESS THAT COMPANY HAS ON FILE FOR YOU.

JUDGMENT ON THE AWARD RENDERED IN ANY ARBITRATION HEARING SHALL BE BINDING, NON-APPEALABLE, AND ENTERED IN ANY COURT HAVING JURISDICTION.  THE ARBITRATOR SHALL HAVE THE POWER TO RULE ON HIS OR HER OWN JURISDICTION, INCLUDING ANY OBJECTIONS WITH RESPECT TO THE EXISTENCE, SCOPE, OR VALIDITY OF THE ARBITRATION TERMS OR TO THE ABILITY OF ANY CLAIM OR COUNTERCLAIM.  THE ARBITRATOR SHALL HAVE THE POWER TO DETERMINE THE EXISTENCE OR VALIDITY OF A CONTRACT OF WHICH AN ARBITRATION CLAUSE FORMS A PART. SUCH AN ARBITRATION CLAUSE SHALL BE TREATED AS AN AGREEMENT INDEPENDENT OF THE OTHER TERMS OF THE CONTRACT. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING ARBITRATION TERMS SHALL BE ENFORCED.

YOU FURTHER AGREE TO AND DO HEREBY WAIVE ANY RIGHT TO CLASS ARBITRATION AND AGREE, INSTEAD, TO CONDUCT AN ARBITRATION RELATED SOLELY TO ANY INDIVIDUAL CLAIMS YOU AND/OR ANY ENTITY RELATED TO YOU ASSERTS AGAINST THE COMPANY.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU FURTHER AGREE THAT YOU SHALL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH INITIATING OR ADMINISTRATING THE ARBITRATION.

THE PARTIES AGREE THAT THE OBLIGATIONS CONTAINED WITHIN THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

International Users

The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Termination and Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice, including but not limited to violations of your agreements with us or undertakings herein. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

No Joint Venture Or Other Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Entire Agreement

Unless otherwise specified herein or in your Online Membership Training and Subscription Agreement with us, these Terms and Conditions, along with the Privacy Policy, constitute the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Privacy

Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.

Changes To The Terms Of Use

We may revise and update these Terms of Use from time to time in our sole discretion. The most current version of the Terms will supersede all previous versions. 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 Website following the posting of revised Terms of Use means that you accept and agree to the changes. You agree to check this page regularly so that you are aware of any changes, as they are binding on you whether or not you have made yourself aware of them.

Contact Us

The Company welcomes your questions or comments regarding the Terms:

Innovative Senior Solutions, LLC

On Behalf of https://members.innovativeseniorsolutions.com/

Email Address: blue-wright@innovativecaregiving.com