1. ACCEPTANCE AND TERMS OF SERVICE
Manny Khoshbin is a real estate investment company that offers, among other things, mentorship membership programs and other educational opportunities through its various websites including mannykhoshbin.com, contrarianacademy.com, mannysmentorship.com, mannysuniversity.com, mannysmasterclass.com and realestatestartercourse.com (collectively the “Sites” or singularly the “Site”).
Updates to Terms. Manny Khoshbin reserves the right, at its discretion, to change, modify, add or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the Manny Khoshbin Application following the posting of changes to these Terms will mean that you accept those changes.
Electronic Form/Communications. By accessing the Manny Khoshbin Applications, you consent to receiving this Agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, e-mail or by posting notices on the Manny Khoshbin Applications. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
2. USE OF THE MANNY KHOSHBIN APPLICATIONS AND CONTENT
License. Subject to these Terms and any fees applicable, Manny Khoshbin grants you a limited, non-exclusive, non-transferable, revocable right to use the Manny Khoshbin Applications and the Content solely for your personal, noncommercial use (e.g., viewing the Content on screen; printing paper copies for personal use or electronically saving limited portions of Content). All other rights are expressly reserved by Manny Khoshbin. You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the Applications or Content, in any medium, without Manny Khoshbin’s prior written consent, (ii) alter or modify any part of the Applications other than as may be reasonably necessary to use them for their intended purpose, (iii) alter any Content or change or remove any copyright or other proprietary notices; or (iv) install, post or distribute any part of the Content on any electronic network, including without limitation the Internet and the World Wide Web, or create a database (electronic or otherwise) using any portion of the Applications or Content. Use of the Applications or Content via mechanical, programmatic, robotic, scripted, spider, manual or any other automated means is strictly prohibited. Unless otherwise agreed to by Manny Khoshbin in writing, use of the Applications or Content is permitted only via manually conducted, discrete, individual search and retrieval activities. You may not conduct any kind of systemic retrieval of data or Content from any of the Applications.
Withdrawal. Manny Khoshbin reserves the right at any time to withdraw from the Content any item or part of an item for which it no longer retains the right to publish, chooses to no longer offer for any reason, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.
Registration and Profile Creation. In order to access certain features of the Applications, you may be required to register and/or create a user profile (an “Account”) by creating a username and password and providing certain profile and contact information. We may require or permit you to use your credentials for a third-party platform (such as Facebook or LinkedIn) to so register (a “Social Sign-On”). Your Account shall only be used by you and only in connection with the applicable Application and may not be used in connection with other Manny Khoshbin products. You are responsible for maintaining the confidentiality of your Account and password, and are responsible for all activities that occur under your Account and password. Sharing, selling or transferring your Account or password with or to any other person or making it available to multiple users on a network is strictly prohibited. You hereby agree to (i) provide information about yourself as prompted by the registration form that is true, accurate, current and complete; (ii) maintain and promptly update your personal information (by sending an e-mail to [email protected] to keep it fully up to date); (iii) ensure that you exit from your member account at the end of each session; and (iv) notify Manny Khoshbin in writing of any unauthorized use of your Account or password or any other breach of security at [email protected] You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information or another person’s name, likeness, voice, image or photograph. If you provide (or we have reason to suspect that you have provided) any information that is untrue, inaccurate, not current, or incomplete, or there is unauthorized use of your Account or we suspect fraudulent or abusive activity, we have the right, among other remedial options, to require you to use and pay for an additional account for the relevant product and/or interrupt, restrict, suspend or terminate your current or future use of or access to the Applications (or any portion thereof), without notice to you. You shall cooperate with us in any fraud investigation and use any reasonable fraud prevention measures we prescribe. Failure to cooperate will result in your liability for all fraudulent usage.
No Interference. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Applications or any computer software or hardware or telecommunications equipment. You may not use the Applications in any manner that could damage, disable, overburden, or impair any Manny Khoshbin server, or the network(s) connected to any Manny Khoshbin server, or interfere with any other party’s use and enjoyment of any of the Applications. You may not attempt to gain unauthorized access to the Applications, other accounts, computer systems or networks connected to any Manny Khoshbin server or to any of the Applications, through hacking, cracking, distribution of counterfeit software, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Applications. You may not reverse engineer, decompile or disassemble any software accessed through the Applications, including any proprietary communications protocol used by Manny Khoshbin.
Security. Manny Khoshbin has implemented commercially reasonable technical and organizational measures designed to secure your Personal Information from accidental loss and unauthorized access, use, alteration or disclosure. However, Manny Khoshbin cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your Personal Information for improper purposes. You acknowledge that Personal Information is provided at your own risk.
Modification to Services. Manny Khoshbin has the right to modify the Applications and Content at any time in its sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Manny Khoshbin in providing its products, services, Content or any Applications is to stop using the Applications as set forth herein.
3. PAID MEMBERSHIP
If you purchase a membership to access the Manny Khoshbin Program, Applications and Content (collectively the “Membership”), the Membership shall be subject to these Terms, as well as the terms and conditions set forth in the Manny Khoshbin Membership Agreement (“Membership Agreement”), including the applicable Membership fee (“Fee”), payment terms and length of Membership (“Membership Period”). The Membership Agreement may specify the number of user accounts authorized to access the Applications and Content pursuant to that Membership (“Authorized Users”). For the avoidance of doubt, and notwithstanding the foregoing, Authorized Users will be limited pursuant to and as stated in the Membership Agreement, including limitations by number of users or a user’s office location. In such cases, access to and use of the Applications and Content by any other third party is not permitted. Any increase to the number of Authorized Users must be approved by Manny Khoshbin in writing and may be subject to additional fees.
With respect to all Memberships, you shall:
Refunds, Late Payments and Taxes.
Delivery and cancellations. Where your Membership or product order involves the delivery of a physical item or items, they will be delivered to the address that you indicate when you place the order through any Application and the risk of damage to or loss of such items shall pass to you at the time of delivery even if the items have not been received by you in person. Any times quoted for delivery are approximate only and Manny Khoshbin shall not be liable for any delay in delivery howsoever caused. If you experience any delivery issues, please send an email to [email protected].
4. INTELLECTUAL PROPERTY OWNERSHIP
Manny Khoshbin or its suppliers or other designees owns all right, title and interest in and to the Content and the Applications (including all materials, including but not limited to all text, logos, photographs, graphics, images, illustrations, designs, icons, photographs, databases, video, audio, software, html, source and object code, algorithms, business logic, modules, programs, links and other materials). You shall not, and shall not permit anyone else to, reproduce, copy, distribute, publish, transmit, broadcast, sell, license or otherwise access or use all or any part of the Content or any information contained therein without the prior written consent of Manny Khoshbin. All Manny Khoshbin brands and trademarks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are subject to the intellectual property rights of Manny Khoshbin and neither they nor any confusingly similar versions may be used by you including, but not limited to as part of any trademarks and/or domain names without Manny Khoshbin’s prior written consent.
Downloadable mobile products. Copyright in any software that is made available for download from any Application shall belong to Manny Khoshbin and our software suppliers. Your use of the software is governed by the terms of any license agreement that may accompany or be included with it. Do not install, download or use any software unless you agree to such license agreement.
5. USER SUBMISSIONS AND CONDUCT
Forums. For the purposes of this Agreement, “Forum” means letters, comments, emails or other types of communications submitted by you or other third parties to us or employees of Manny Khoshbin, and messages posted to them or to other users in connection with online seminar discussions, forums, blogs or chat-pages on any Application. Forums are provided for your exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Forums that is inconsistent with these stated purposes or which is prohibited under these Terms is prohibited.
Removal. Manny Khoshbin has the right, but not the obligation to monitor, edit or remove Forum content or Forum materials, and may do so at any time and for any reason in its sole discretion, including but not limited to the course of normal maintenance of the Applications and its systems or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Manny Khoshbin; (2) protect and defend the legitimate business interests, rights or property of Manny Khoshbin, users, advertisers, customers, sponsors, advertisers or affiliates; or (3) act in an emergency to protect the personal safety of Manny Khoshbin guests or the public. You shall remain solely responsible for the content of your communications. If you object to the publication of any material placed on any Application send an email to [email protected] and Manny Khoshbin will take whatever action it deems appropriate. Manny Khoshbin specifically disclaims any liability with regard to Forum content and any actions resulting from your participation in any Forum. Manny Khoshbin cannot guarantee that individuals submitting Forum content or otherwise participating are who they represent themselves to be, nor does Manny Khoshbin endorse, represent or validate, the content, accuracy or reliability of, or the statements, assertions, views or opinions expressed in, Forums, and you acknowledge that any reliance upon the same shall be at your sole risk.
Prohibited Uses of Applications or Forums. You hereby agree that you will not use any of the Applications or Forum to:
License and Warranty. By uploading materials to any Forum or submitting any materials to Manny Khoshbin (“Posts”), you automatically grant (or warrant that the owner of such rights has expressly granted) Manny Khoshbin a perpetual, royalty-free, fully paid-up, irrevocable, non-exclusive, transferable, worldwide, sub-licensable right and license to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, create derivative works from, disclose, post, and/or remove such Posts or incorporate such Posts into any form, medium, or technology now known or later developed, in any manner, and (b) use your name, user/log-in name, likeness, biographic and other profile information about you in connection with any use of your Posts, in each case, in whole or in part, without payment or other additional consideration of any kind, or permission or notification to you or any third party and without crediting you. By registering via a Social Sign-On, you are granting your consent for us to display the name and photograph and other information associated with your applicable third-party platform profile in connection with the display of your Posts.
Without limiting the foregoing, you also hereby permit Manny Khoshbin and its designees to use portions of your Posts, to modify or rewrite any of your Posts, and/or to incorporate other materials, either created by Manny Khoshbin and/or its designees or licensed from third parties (any of the foregoing, “Edits”). All resulting Edits and/or derivative works (including, in each case, all intellectual property and proprietary rights therein) shall be owned by Manny Khoshbin and/or such designees and not subject to your approval or payment by Manny Khoshbin or any other party of any compensation to you.
You acknowledge and agree that you are receiving good and valuable consideration for the rights you are granting herein, that such consideration is adequate, satisfactory, and complete, and includes your right to access and use the Applications in accordance with the Terms set forth herein. To the maximum extent permitted by law, you hereby waive all moral rights, rights of attribution, rights of privacy and rights of publicity in your Posts that may be available to you in any part of the world. You hereby confirm that no such rights have been or will be asserted.
You further acknowledge and agree that your Posts do not contain confidential or proprietary information, the relationship between you and Manny Khoshbin is not a confidential, fiduciary, or other special relationship, and Manny Khoshbin is not under any obligation of confidentiality, privacy, secrecy or use restriction of any kind, express or implied, with respect to your Posts, all of which may be used by Manny Khoshbin under the foregoing license or any applicable assignment made pursuant to an agreement between Manny Khoshbin and you or your employer, and without any further obligation to you.
Manny Khoshbin may be considering, contemplating or developing the same or a similar idea (and/or related products, services, concepts, systems or techniques) to one or more ideas (and/or products, services, concepts, systems and/or techniques) reflected in your Posts submitted on the Applications, whether before, at the time of or following your submission. Without limiting the foregoing license in any respect, you hereby waive any and all claims you may have had, may have currently, and/or may have in the future, that any ideas or materials accepted, reviewed and/or used by Manny Khoshbin and its designees (and/or any related products, services, concepts, systems and/or techniques) in any way (i) may be similar to or unlawfully or otherwise improperly compete with your Posts or any of the Content thereof or (ii) violate any obligation of Manny Khoshbin to you or any other person or entity that in any way is alleged to arise from or relate to your Posts or any of the Content thereof.
You represent and warrant to us that you are authorized to grant all rights pursuant to the foregoing license and, further, your Posts: (i) are truthful and accurate, and contain solely original content owned by you, content for which you have received express permission from the owner and have provided proper attribution to same, or content in the public domain (and you assume all responsibility for making such determinations and acquiring all necessary authorizations and approvals related to your Posts); (ii) do not violate and will not violate the rights of any third party or any local, state, national or foreign law, including any right of publicity, right of privacy, confidentiality or any other contractual or proprietary right, including patent, trademark, copyright and trade secret rights; (iii) disclose all affiliations or relations necessary so that such Posts are not deceptive or misleading (for example, if you are commenting upon a company and work for that company, then this should be disclosed); and (iv) comply with all other provisions of this Agreement.
6. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
Materials may be made available via the Applications by third parties not within Manny Khoshbin’s control. Manny Khoshbin is under no obligation to, and does not scan content used in connection with the Applications for the inclusion of illegal or impermissible content. However, Manny Khoshbin respects the copyright interests of others. It is Manny Khoshbin’s policy not to permit materials known by Manny Khoshbin to infringe another party’s copyright to remain on the Applications. If you believe any materials on the Applications infringe a copyright, you should provide us with written notice that at a minimum contains:
All DMCA notices should be sent to Manny Khoshbin’s designated agent as follows:
Manny Khoshbin LLC
Attn: General Counsel
18071 Fitch, Suite 100
Irvine, CA 92614
Email: [email protected]
It is Manny Khoshbin’s policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
7. THIRD PARTY CONTENT; LINKING
Third Party Opinions. The Manny Khoshbin Applications may contain views, opinions and statements of various third party individuals and organizations. Manny Khoshbin neither endorses nor makes any representation or warranty whatsoever regarding the views, opinions or statements provided by any third party or any user of the Applications. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information, opinion or Content available through the Applications and to seek appropriate advice of professionals, as appropriate.
Linking. To the extent that any of the Applications contain links to outside services and resources (“External Sites”), Manny Khoshbin does not control the availability and content of those outside services and resources. These links are provided solely for your convenience. If you use these links, you leave any of the Applications. Manny Khoshbin does not endorse or make any representations about these third party sites, or any material found on them, or any results that may be obtained from using them. If you decide to access any of these third party sites you do so entirely at your own risk and acknowledge that these third party sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions (“External Site Terms”) that differ from the provisions which apply to the Applications, and Manny Khoshbin is not responsible for, and expressly disclaims any and all liability for or related to, the availability of, or the content located on or through, any External Site, its External Site Terms, or any Losses (as defined in Section 8) that may arise or result from your navigation to or use of any External Sites. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource. You may link to any page of the Applications subject to the following conditions:
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION
General Information. The Content has been prepared by Manny Khoshbin as a service to Manny Khoshbin members and the Internet community. It is provided only for general information and is not intended to address your particular requirements or to constitute any form of advice or recommendation (including, but not limited to legal advice). Manny Khoshbin has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in the Content or linked to any of the Applications. Users of information on any of the Applications or links do so at their own risk and acknowledge that this information should not be relied upon in making (or refraining from making) any specific investment or other business or personal decisions (professional advice should always be obtained prior to making any such decision). In no way shall Manny Khoshbin be liable to you for any claims relating in any way to your inability or failure to perform any kind of research or related work or to perform such research or related work properly or completely, even if assisted by Manny Khoshbin, your use of the Content or your reliance on the information contained in the Content.
DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL APPLICATIONS AND CONTENT ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS, MANNY KHOSHBIN, THE MANNY KHOSHBIN PARTIES (AS DEFINED BELOW) AND ANY THIRD PARTY CONTENT PROVIDER (IF APPLICABLE) DISCLAIM AND MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED. MANNY KHOSHBIN AND THE MANNY KHOSHBIN PARTIES DO NOT WARRANT THE ACCURACY, COMPLETENESS, NON-INFRINGEMENT, TIMELINESS, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE APPLICATIONS, CONTENT OR THE INFORMATION THEY CONTAIN. MANNY KHOSHBIN, THE MANNY KHOSHBIN PARTIES AND ANY THIRD PARTY CONTENT PROVIDER (IF APPLICABLE) DO NOT MAKE ANY WARRANTY THAT ACCESS TO ANY OF THE APPLICATIONS OR CONTENT WILL BE UNINTERRUPTED, SECURE, COMPLETE OR ERROR FREE, OR FREE OF VIRUSES OR ANY HARMFUL FILES, AND MANNY KHOSHBIN AND, MANNY KHOSHBIN PARTIES AND ANY THIRD PARTY CONTENT PROVIDER (IF APPLICABLE) SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED BY SUCH DESTRUCTIVE FEATURES. MANNY KHOSHBIN AND THE MANNY KHOSHBIN PARTIES DO NOT MAKE ANY WARRANTY AS TO THE LIFE OF ANY SUBSCRIPTION OR AVAILABILITY OF ANY CONTENT. THE FOREGOING DISCLAIMER OF WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL MANNY KHOSHBIN OR THE MANNY KHOSHBIN PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON, INCLUDING BUT NOT LIMITED TO OTHER AUTHORIZED USERS, FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE ANY OF THE APPLICATIONS OR CONTENT AVAILABLE ON OR THROUGH ANY OF THE APPLICATIONS. IN NO EVENT SHALL MANNY KHOSHBIN’S AGGREGATE LIABILITY FOR ANY LOSSES IN ANY WAY ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE ANY OF THE APPLICATIONS OR CONTENT OR TO ANY USE OR EXPLOITATION OF YOUR POSTS OR RIGHTS THEREIN FOR ANY PURPOSE EXCEED US $1,000. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. REGARDLESS OF THE CAUSE OR FORM OF ACTION, YOU MAY BRING NO ACTION ARISING FROM THIS AGREEMENT MORE THAN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION ARISES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.
YOU AND MANNY KHOSHBIN AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION OF EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND MANNY KHOSHBIN AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.
Indemnification. You agree to defend, indemnify and hold Manny Khoshbin and its affiliates and their directors, managers, officers, employees, agents, subsidiaries, successors and assigns (collectively, the “Manny Khoshbin Parties”) harmless, from and against any claims, losses, damages, penalties, demands, actions, suits, judgments, settlements, costs, liabilities, obligations and expenses, including reasonable attorneys’ fees (“Losses”), resulting from your breach or alleged breach of these Terms, regardless of the form of action.
9. DISPUTE RESOLUTION
Most customer concerns can be resolved quickly and to the customer’s satisfaction by sending an email to [email protected] If, however, there is an issue that needs to be resolved, you agree that the following provisions will apply:
ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Manny Khoshbin or its successors or assigns shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and Manny Khoshbin must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR Manny KHoshbin MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Manny Khoshbin will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) Manny Khoshbin also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or Manny Khoshbin may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Orange County, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located Orange County, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Orange County, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of subparts (1) and (2) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (1) or (2) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Manny Khoshbin shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in Orange County, California. For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Additional Terms. Your use of the Applications is subject to any and all additional terms, policies, rules or guidelines that we may post or link to on the Applications (collectively, the “Additional Terms”), such as any other terms or rules applicable to particular features, promotions or content on the Applications. All such Additional Terms are hereby incorporated into this Agreement by reference.
Availability and Use Outside the U.S. Unless otherwise specified, the Content on any of the Applications is presented solely for the purpose of promoting publications and other products available in the United States, its territories, possessions and protectorates. Manny Khoshbin makes no representation that any Content on any of the Applications is appropriate or available for use in other locations. If you use any of the Sites from a location outside the United States, you are responsible for compliance with applicable U.S. and local laws, including export and import laws. Those who choose to access any of the Applications from other locations does so on their own initiative and are responsible for establishing the usability or correctness of any information or Content under any or all jurisdictions and the compliance of that Content with local laws, if and to the extent local laws are applicable.
Violations of this Agreement; Injunctive Relief. Manny Khoshbin reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including without limitation the right to block access to the Applications from a particular account, device or IP address. Manny Khoshbin shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from Manny Khoshbin’s exercise or its rights under this Agreement. Without limiting the foregoing, you acknowledge that the Content is highly proprietary material in nature and that unauthorized copying, transfer or use may cause Manny Khoshbin irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this Agreement by you may be enforced by Manny Khoshbin by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.
Termination. On termination of your registration account or Membership, all usage rights to the Content automatically terminate, and you shall immediately cease to use the Content and shall remove any and all electronic copies of the Content from your systems.
Usage by children under 18. The Applications are directed to adults and are not directed to children under the age of 18. Manny Khoshbin cannot prohibit minors from visiting our Sites so Manny Khoshbin must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view or purchase. Manny Khoshbin complies with the Children’s Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 18. This requirement will be posted wherever we collect data within the Sites, such as during the registration process.
Other. This Agreement, including any schedules hereto, constitutes the entire agreement and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement. Manny Khoshbin may assign these Terms, in whole or in part, at any time. The invalidity or unenforceability of any provision of this Agreement shall not affect the continuation or enforceability of the remainder of this Agreement. The waiver by Manny Khoshbin of a breach or violation of any provision of this Agreement shall not constitute a waiver of any subsequent or other breach or violation. The failure of Manny Khoshbin to partially or fully exercise any rights or the waiver of Manny Khoshbin of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Manny Khoshbin or be deemed a waiver by Manny Khoshbin of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Manny Khoshbin under these Terms and any other applicable agreement between you and Manny Khoshbin shall be cumulative, and the exercise of any such right or remedy shall not limit Manny Khoshbin’s right to exercise any other right or remedy.
Contact Us. If you have a question or issue relating to a Membership, such as changing your mailing address or cancelling a Membership, send an email to [email protected]. For other questions regarding these Terms, you can write to Manny Khoshbin at: 18071 Fitch Suite 100, Irvine CA 92614.