1) Acceptance – the Use of defendershield.com Terms and Conditions
Your access to and use of defendershield.com is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
The contents of defendershield.com website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
3) Change of Use
defendershield.com reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that defendershield.com shall not be liable to you for any such change or removal and.
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
4) Disclaimers and Limitation of Liability
4.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
4.2 To the extent permitted by law, defendershield.com will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
4.3 defendershield.com makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
4.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of defendershield.com for death or personal injury as a result of the negligence of defendershield.com or that of its employees or agents.
You agree to indemnify and hold defendershield.com and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against defendershield.com arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
7) Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of USA and you hereby submit to the exclusive jurisdiction of the USA courts.
By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against Icaro Innovations, DBA DefenderShield on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against DefenderShield, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against DefenderShield by someone else.
Although disputes with our valued customers are rare, in the unlikely event of a dispute, we have established this arbitration agreement.
Please read this agreement carefully. You accept the terms of this agreement by retaining the product(s) shipped in connection with this agreement (the “products”) for more than thirty (30) days after receipt. If you do not agree to the terms of this agreement, you may return the product to company within thirty (30) days of receipt for a full refund.
This arbitration agreement (“agreement”) affects your legal rights and remedies by providing that disputes between you and the manufacturer, distributor and/or seller of this product (collectively, “company”), must be resolved through binding arbitration and not in court. It also provides that any dispute cannot be resolved in a class action or other proceeding where you represent other persons or other persons represent you, and that no class or representative arbitrations are permitted. Please carefully read all terms in this agreement.
1. RESOLUTION OF CLAIMS OR DISPUTES.
Any claim or dispute between you and Company (or any of Company’s subsidiaries or affiliates) arising out of or relating in any way to the Product or this Agreement shall be resolved through final, binding arbitration.
This arbitration obligation is reciprocally binding on both you and the Company and applies regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Both you and Company specifically acknowledge and agree that you waive your right to bring a lawsuit based on such claims or disputes and to have such lawsuit resolved by a judge or jury.
2. LIMITATION OF LEGAL REMEDIES.
All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibits you and the Company from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person. The parties agree that no class or representative actions of any type are permitted.
3. ARBITRATION PROCEDURES.
a. Before instituting an arbitration, if you have any dispute, we strongly encourage you to contact the Company to try to resolve the matter by calling 800-218-3560, although you are not required to do so.
b. The arbitration of any claim or dispute under this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the date you receive the Product, including Rules 16.1 and 16.2 of those Rules.
These rules and procedures are available by calling JAMS or by visiting its web site at www.jamsadr.com. The arbitration of any claim or dispute under this Agreement shall be conducted by an arbitrator who has at least five years of experience conducting arbitrations.
c. The arbitration of any claim or dispute under this Agreement shall be conducted in the State of California or the location in which you received this Agreement. For claims of $10,000 or less, you may choose whether the arbitration proceeds in person, by telephone, or based only on submissions.
d. The Company shall pay costs for the arbitration of claims, including any JAMS Case Management Fee and all professional fees for the arbitrator’s services. The Company shall pay the fees and costs of its own counsel, experts and witnesses and shall not be able to recoup them from you even if you do not prevail in the arbitration. Unless otherwise provided by law, you acknowledge and agree that you shall pay the fees and costs of your own counsel, experts and witnesses.
4. CHOICE OF LAW.
The arbitration provisions of this Agreement and any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. Secs. 1-16). In this respect, the parties acknowledge that this Agreement involves a transaction conducted in interstate commerce. Otherwise, this Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules.
If any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable.
OPT OUT PROCEDURE
If you are a new user of our services, you can choose to reject this agreement to arbitrate (“opt-out”) by mailing us a written opt-out notice (“opt-out notice”). The opt-out notice must be postmarked no later than 30 days after the date you accept these terms and conditions for the first time. You must mail the opt-out notice to DefenderShield, LLC,c/o Legal Department, 1499 Beach Drive SE, Suite A, Saint Petersburg, FL 33701. To be effective, your Opt-Out Notice must contain your name, address, and signature. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, all other parts of these Terms and Conditions will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.