TERMS AND CONDITIONS

 

Who We Are

The Seven Project Florida operates with an office in Lakeland, Florida. We strive to encourage teenagers to step into their potential leadership capacity.  We offer items for sale through our website to help raise awareness on this issue and finance our efforts.

 

What this Agreement Covers

This User Agreement and all policies posted on our sites set out the terms on which GENERATION OUTCRY INTERNATION INC. (hereafter, SEVEN PROJECT FLORIDA) offers you access to and use of our sites, services, applications and tools (collectively “Services”). All policies and the User Privacy Notice are incorporated into this User Agreement. You agree to comply with all the above when accessing or using our Services.

 

The entity you are contracting with is GENERATION OUTCRY INTERNATIONAL INC., 3918 Sunset Lake Dr. Lakeland, FL 33810 if you reside in the United States.

 

Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate (see Legal Disputes, Section B (“Agreement to Arbitrate”)). Unless you opt-out: (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

 

Using the Seven Project Florida Website

In connection with using or accessing the products and services available on through our website, you agree to NOT:

 

  • breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;

  • use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;

  • fail to pay for items purchased by you;

  • post false, inaccurate, misleading, defamatory, or libelous content;

  • take any action that may undermine the feedback or rating systems;

  • transfer your account and user ID to another party without our consent;

  • distribute viruses or any other technologies that may harm SEVEN PROJECT FLORIDA or the interests or property of users;

  • reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to SEVEN PROJECT FLORIDA, or that comes from the Services including works covered by any copyrights, trademark, patent, or other intellectual property rights, except with prior express permission of SEVEN PROJECT FLORIDA and/or any other party holding the right to license such use;

  • commercialize any SEVEN PROJECT FLORIDA application or any information or software associated with such application;

  • harvest or otherwise collect information about users without SEVEN PROJECT FLORIDA’s consent and the user’s consent; or

  • circumvent any technical measures we use to provide Services.

 

If we believe or discover that you are abusing SEVEN PROJECT FLORIDA in any of the ways mentioned above or otherwise, we may, in our sole discretion, take any steps to prevent and mitigate such abuse such as limiting, suspending, or terminating your user account(s) and access to our Services, reducing or eliminating any discounts, and taking technical and/or legal steps to prevent you from using our Services.

 

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.

 

Certain portions of SEVEN PROJECT FLORIDA’S website allow users to post images, graphics, visual representations and written content.  In posting such aforementioned content, you expressly authorize and agree to allow SEVEN PROJECT FLORIDA to display such content on its website, and to use such content for social media or promotional purposes without further permission being sought or granted from you by SEVEN PROJECT FLORIDA, and you further agree to release, indemnify and hold SEVEN PROJECT FLORIDA harmless from any and all liability, damage or loss in connection with same as delineated in full in the section hereafter entitled “Disclaimer of Warranties” and “Limitation of Liability.”

 

Disclaimer

Information on our website is provided for informational purposes only. You should read all product information carefully before purchasing. If you visit or shop on this site, you accept the terms and conditions listed in this section. If you are under the age of 18, you may not use this site unless under the supervision of a parent or guardian.  While SEVEN PROJECT FLORIDA strives to maintain the highest standards in our site content and description, all information, products, and features on this site are subject to change without warning.

 

Purchase Contract

When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order: this email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

 

Purchase Pricing and Availability

While SEVEN PROJECT FLORIDA strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information, SEVEN PROJECT FLORIDA has the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, SEVEN PROJECT FLORIDA may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We aim to keep our prices stable but please be aware that costs of freight, delivery, insurance, and various expenses may be beyond our control and therefore are subject to change.

 

All prices are shown in USD, inclusive of GST, VAT, or other taxes as appropriate.
Please note that delivery costs will be charged in addition.  Such additional charges are clearly displayed where applicable and included in the “Total Cost.”

 

International Buying and Selling; Transacting Entities

Our Services are accessible to international sellers and buyers. Buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.

 

When transacting in American Dollars (USD), the ensuing financial transaction is between the user and Generation Outcry International Incorporated (EIN 32 0373588), a nonprofit public charity corporation in the United States of America with Section 501(c)3 tax exemption status.

 

If you require more information on this topic, please contact us at SEVEN PROJECT FLORIDA, 3918 Sunset Lake Dr. Lakeland, FL 33810 or by email.

 

Orders, Deliveries & Freight

We aim to process your order within 2-5 business days of receiving your order. Please refer to the detailed product description for delivery information and approximate length of time until your order is due to arrive.

 

We will send you an email when your order is processed and your card debited or if there are any changes to your order that we wish to keep you informed of, in which case we will await your authorization before processing the order. We cannot accept the responsibility for any orders for products that have become unavailable for any reason. Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Cancellations for orders are only accepted prior to shipping.

 

Refund Policy

In the rare event that wrong products are received, the correct products will be re-shipped, and charges for the product value corrected, only if the received products are returned in an unopened, resalable condition. While SEVEN PROJECT FLORIDA uses quality packaging and delivery services, we are not responsible for damage in transit that is deemed, at our discretion, to be beyond our control.

 

Customer Service Contact and Complaints

If you have a question or experience a problem with your transaction, contact us immediately and we will work with you to resolve the issue.  We will make every effort to respond to all inquiries within 3 business days.

 

If you have a complaint, we similarly encourage you to contact us – we operate a complaints handling procedure which we will use to try to resolve disputes when they first arise.
All comments, problems or complaints should be directed to us via email.

 

Privacy

We value your privacy. SEVEN PROJECT FLORIDA is dedicated to keeping all personal information secure. All reasonable measures will be taken to ensure physical security, computer, and network security, communications security, and personnel security is properly managed and maintained. We reserve the right to retain personal information for our database unless specifically requested not to. We will NOT sell or exchange your personal information. We will NOT release personal information about you to anyone else.  Our Privacy Policy, as well as all notices, representations and agreements specified therein, is specifically incorporated herein by reference in full.

 

Linking to this Website

You may link to the home page of www.sevenprojectfl.com, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  Further, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our website must not be framed on any other site, nor may you create a link to any part of our website other than the homepage. We reserve the right to withdraw linking permission without notice.

 

Copyright and Trademarks

The content of this site is owned by SEVEN PROJECT FLORIDA and protected under the United States Copyright Act of 1976.  No part of this website may be reproduced, reused, retransmitted, adapted, published, broadcast, or distributed for any commercial purpose whatsoever without SEVEN PROJECT FLORIDA’S prior written permission unless expressly permitted under the above acts. All names, logos, and trademarks are the property of SEVEN PROJECT FLORIDA or the third parties who have contributed to this site. Nothing on the site should be interpreted as granting any rights to use or distribute any names, logos, or trademarks, without the express written agreement of SEVEN PROJECT FLORIDA or the relevant contributor.

 

While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold any providers of our product catalog or us responsible for inaccuracies in the catalogs. The product catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works based on catalog content (other than by including them in your listings).

 

Authorization to Contact You; Recording Calls

You agree to receive calls, including auto-dialed and/or pre-recorded message calls, from SEVEN PROJECT FLORIDA at any of the telephone numbers (including mobile telephone numbers) that we have collected for you, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:

 

  • To contact you for reasons relating to your account or your use of our Services, or as authorized by applicable law;

  • To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out by contacting SEVEN PROJECT FLORIDA at barnoske@sevenprojectfl.com.

 

We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent, but may share your telephone numbers with members of the SEVEN PROJECT FLORIDA corporate family and/or our affiliates, for their use.  Members of SEVEN PROJECT FLORIDA corporate family and/or our affiliates will only contact you using auto-dialed or prerecorded message calls and/or SMS or other text messages, if you have requested their services.

 

SEVEN PROJECT FLORIDA may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with SEVEN PROJECT FLORIDA or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with SEVEN PROJECT FLORIDA may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by SEVEN PROJECT FLORIDA, and SEVEN PROJECT FLORIDA does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

 

Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.  The material displayed on this our website is provided without any guarantees, conditions or warranties as to its accuracy.  To the fullest extent permitted by the law, SEVEN PROJECT FLORIDA disclaims all liability and responsibility for any direct or indirect loss or damage which may be suffered by you using this site, or relying on any detail contained on the site or omitted from this site.

 

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Availability of products is subject to change without further notice and we cannot be held responsible for the non-availability of ordered products.

 

To the fullest extent permitted by applicable law, we and any content providers, suppliers and advertisers hereby specifically and expressly exclude and disclaim all warranties of any kind, including but not limited to all express or implied warranties, terms and conditions including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, as well as all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

 

In addition, to the extent permitted by applicable law, we and our Related Entities (defined to include our subsidiary, affiliated, related and parent corporations, companies and divisions, professional corporations, members, partnerships, limited partnerships, limited liability companies, partners, limited partners, officers, directors, shareholders, board members, employees, managers, employers, associates, principals, independent contractors, administrators, agents, affiliates, experts, legal representatives and attorneys, agents for collections, other agents, representatives, insurers, trusts, trustees, beneficiaries, executors, joint venturers, heirs, predecessors, successors and assigns) are not liable, and you agree not to hold us or our Related Entities responsible for, any damages or losses including but not limited to loss of money, goodwill, reputation, profits or other intangible losses or any special, indirect, punitive, or consequential damages (hereafter, “Damages or Losses”), or any other grievances, allegations, demands, liabilities, debts, losses, obligations, promises, damages, injuries, costs, compensation, commissions, interest, penalties, expenses (including without limitation, attorneys’ fees), lawsuits, actions (in law, equity or otherwise), rights and privileges, and causes of action including but not limited to breach of contract, breach of implied in fact contract, breach of the implied covenant of good faith and fair dealing, promissory estoppel, negligence, fraud, negligent misrepresentation, intentional or negligent interference with contract or economic advantage, indemnity, statutory or common law unfair competition, invasion of privacy, and all other injuries of any nature, kind and description, in law, equity or otherwise whether not now known or ascertained – hereinafter collectively referred to as “Claims” – which result directly or indirectly from:

 

  • your use of or your inability to use our Services;

  • pricing, shipping or other guidance provided by SEVEN PROJECT FLORIDA;

  • delays or disruptions in our Services;

  • viruses or other malicious software obtained by accessing, or linking to, our Services;

  • glitches, bugs, errors, or inaccuracies of any kind in our Services;

  • damage to your hardware device from the use of any SEVEN PROJECT FLORIDA Service;

  • a suspension or other action taken with respect to your account or breach of these terms.

 

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you if you reside in such a jurisdiction.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the price of the item purchased. Certain portions of the website allow entities and persons who are NOT employees, agents or representatives of SEVEN PROJECT FLORIDA (“Non-Seven Project Posters”) to post written, visual or photographic content. SEVEN PROJECT FLORIDA expressly disclaims any responsibility or liability for content posted by Non-Seven Project Posters, and reserves the right to remove such content or pages at any time, for any reason, in its sole determination and election.

 

Release

If you have a dispute with one or more users, you release us and our Related Entities as defined above, from all Claims as defined above, and from Damages or Losses as defined above as well as any other demands (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

 

Indemnity & Representation of User

You agree not to carry on any activity in relation to SEVEN PROJECT FLORIDA website which might involve SEVEN PROJECT FLORIDA in liability.  You further agree to indemnify and hold us and our Related Entities harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach this Agreement, your improper use of SEVEN PROJECT FLORIDA’S Services or your breach of any law or the rights of a third party.

 

Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND SEVEN PROJECT FLORIDA HAVE AGAINST EACH OTHER ARE RESOLVED.

 

You and SEVEN PROJECT FLORIDA agree that any claim or dispute at law or equity that has arisen or may arise between us or our Related Entities which relates in any way to or arises out of this or previous versions of SEVEN PROJECT FLORIDA User Agreement, your use of or access to the Services, or any products or services purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

 

For the purposes of this Legal Disputes Section, SEVEN PROJECT FLORIDA will be defined to include all Related Entities.

 

A. Applicable Law
You agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and SEVEN PROJECT FLORIDA, except as otherwise stated in the User Agreement.

 

B. Agreement to Arbitrate
You and SEVEN PROJECT FLORIDA each agree that any and all disputes or claims that have arisen or may arise between you and SEVEN PROJECT FLORIDA relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to SEVEN PROJECT FLORIDA’S Services, or any products or services sold, offered, or purchased through SEVEN PROJECT FLORIDA’S Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

 

1. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND SEVEN PROJECT FLORIDA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SEVEN PROJECT FLORIDA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

 

  2. Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.

 

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” herein shall not be construed to prohibit more than one arbitrator from presiding over an arbitration, rather the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.

 

A party who intends to seek arbitration must first send to the other, by certified mail, a Notice of Dispute (“Notice”).  The Notice to SEVEN PROJECT FLORIDA should be sent to GENERATION OUTCRY INTERNATIONAL Inc., Attn: General Counsel, Re: Notice of Dispute, 3918 Sunset Lake Dr. Lakeland, FL 33810. SEVEN PROJECT FLORIDA will send any Notice to you to the physical address we have on file associated with your SEVEN PROJECT FLORIDA account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

 

If you and SEVEN PROJECT FLORIDA are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or SEVEN PROJECT FLORIDA may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to SEVEN PROJECT FLORIDA at the following address: SEVEN PROJECT FLORIDA, Attention General Counsel, Re: Notice of Dispute,3918 Sunset Lake Dr. Lakeland, FL 33810.  In the event SEVEN PROJECT FLORIDA initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your SEVEN PROJECT FLORIDA account. Any settlement offer made by you or SEVEN PROJECT FLORIDA shall not be disclosed to the arbitrator.

 

The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or SEVEN PROJECT FLORIDA may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and SEVEN PROJECT FLORIDA subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or SEVEN PROJECT FLORIDA may attend by telephone, unless the arbitrator requires otherwise.

 

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same SEVEN PROJECT FLORIDA user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 

3. Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, SEVEN PROJECT FLORIDA will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by SEVEN PROJECT FLORIDA should be submitted by mail to the AAA along with your Demand for Arbitration and SEVEN PROJECT FLORIDA will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, SEVEN PROJECT FLORIDA will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse SEVEN PROJECT FLORIDA for all fees associated with the arbitration paid by SEVEN PROJECT FLORIDA on your behalf that you otherwise would be obligated to pay under the AAA’s rules.

 

4. Severability
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.

 

5. Opt-Out Procedure
IF YOU ARE A NEW SEVEN PROJECT FLORIDA USER, 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 THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO GENERATION OUTCRY INTERNATIONAL INC., ATTN: GENERAL COUNSEL, RE: OPT-OUT NOTICE, 3918 SUNSET LAKE DR. LAKELAND, FL 33810.

 

Your Opt-Out Notice to us must include your request to Opt-Out, as well as your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the SEVEN PROJECT FLORIDA account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

 

6. Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against SEVEN PROJECT FLORIDA prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and SEVEN PROJECT FLORIDA. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.sevenprojectfl.com at least 30 days before the effective date of the amendments and/or by email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the amended terms.

 

C. Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and SEVEN PROJECT FLORIDA must be resolved exclusively by a state or federal court located in Polk County, Florida.  You and SEVEN PROJECT FLORIDA agree to submit to the personal jurisdiction of the courts located within Polk County, Florid for the purpose of litigating all such claims or disputes.

 

General

THE SEVEN PROJECT FLORIDA’S office is located at 3918 Sunset Lake Dr. Lakeland, FL 33810.

 

Except as otherwise provided in this Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.  In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section.

 

Headings are for reference purposes only and do not limit the scope or extent of such Section.

 

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

 

We may amend this User Agreement at any time by posting the amended terms on our website.  Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days notice by posting the amended terms. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an SEVEN PROJECT FLORIDA representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

 

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on SEVEN PROJECT FLORIDA website.

 

We have the right in our absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of our website.

 

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

 

The User Agreement, the User Privacy Notice, and all policies set forth the entire understanding and agreement between you and SEVEN PROJECT FLORIDA and supersede all prior understandings and agreements of the parties.

 

The following Sections survive any termination of this User Agreement: all sections and provisions relating to contracts and copyrights, Disclaimer of Warranties; Limitation of Liability; Indemnity, and Legal Disputes.