FILE YOUR NEW ADDRESS WITH THE USPS & ALL YOUR COMPANIES AT THE SAME TIME
Effective March 13, 2018
carefully. The OnlineaAddressChange.net "AddressGenie" service
is a premium service (the "ChangeYourAddress Service".
AddressGenie uses an honor-based, 'Name Your Own Price' model
where the total price you pay will equal the sum of (1) a USPS
filing fee of $1.00, (2) an identity verification fee of $4.00,
and (3) a voluntary price/donation for the AddressGenie
service. You can choose any whole dollar price you deem fair
greater than $0. We do not accept $0 for AddressGenie. Our
current suggested price for AddressGenie is $35.
So, in this example, your total price for the ChangeYourAddress
Service would equal $39.95
($1 + $4 +$35
= $40). In this example, your card would be
charged a one-time fee of $39.95
- THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
- SECTION 16 CONTAINS AN IMPORTANT NOTE TO NEW JERSEY CONSUMERS.
These Terms govern your use of the interactive websites, mobile and connected applications, software, and other online interactive features and services, including, but not limited to, emails, newsletters, forums, communities, sweepstakes and contests (collectively, the "Services") operated by Flatirons, LLC and its subsidiaries (collectively "Flatirons" "we" "us" or "our"). Additional terms and conditions of use applicable to specific areas of the Services may also be posted in such areas and, together with these Terms, govern your use of those areas and are referred to collectively as the "Agreement." You can quickly learn more about the ChangeYourAddress services or other tems and conditions by clicking on the links below. We reserve the right, in our discretion, to change or modify all or any part of the Agreement at any time, effective immediately upon noticepublished on this page. Your use of the Services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Flatirons as permitted above. Please be sure to review the Agreement periodically to ensure familiarity with the most current version. If at any time the terms and conditions of the Agreement are no longer acceptable to you, you should immediately cease all use of the Services. It is your responsibility to refer to the Agreement upon accessing the Services.
THE SERVICES ARE DIRECTED TO TEENAGERS AND ADULTS AND ARE NOT
DIRECTED TO CHILDREN UNDER THE AGE OF 18. YOU MUST BE 18 YEARS
OF AGE OR OLDER TO USE THE SERVICES. Flatirons COMPLIES WITH
THE CHILDRENS ONLINE PRIVACY PROTECTION ACT AND DOES NOT
PERMIT REGISTRATION BY, AND WILL NOT KNOWINGLY COLLECT
PERSONALLY IDENTIFIABLE INFORMATION FROM, ANYONE UNDER 18. BY
REGISTERING FOR ANY SERVICE, YOU REPRESENT AND WARRANT THAT
YOU ARE 18 YEARS OF AGE OR OLDER. ADDITIONALLY, YOU MUST
PROVIDE TRUE, ACCURATE AND COMPLETE REGISTRATION INFORMATION
TO BECOME A MEMBER OF THE SERVICES ("MEMBER"). CREATING A
MEMBER ACCOUNT IF YOU ARE UNDER THE AGE OF 18, UNDER AUTOMATED
MEANS OR UNDER FALSE OR FRAUDULENT PRETENSES CONSTITUTES
UNAUTHORIZED USE OF THE SERVICES, AND SUCH ACCOUNTS WILL BE
DELETED BY Flatirons.
THE ChangeMyAddress SERVICE IS A PREMIUM SERVICE THAT INCLUDES
THE FOLLOWING SERVICES LISTED AND DESCRIBED BELOW. THIS
SERVICE IS UNCONDITIONALLY GUARANTEED. IF YOU DO NOT WISH TO
UTILIZE THIS SERVICE, YOU MAY REQUEST A REFUND AT ANYTIME
WITHIN 30 DAYS OF YOUR REGISTRATION FOR THIS SERVICE. WE
CANNOT HONOR REFUND REQUESTS AFTER THIS 30 DAY PERIOD. THERE
ARE NO EXCEPTIONS TO THIS POLICY.
The services included in the ChangeMyAddress Service currently include:
Only upon completion of your successful registration and payment, you will receive access to the following ChangeMyAddress services:
- USPS Change of Address Service. We offer a free
change of address service with the USPS upon registration
with the Service. Users can opt for permanent or temporary
moves for themselves, family members or any other individual
moving the same one address. ChangeMyAddress will process
your address change for you and will pay all costs associated
with the processing of your address change for all
individuals who are registered by you at the time of
Important note: This free service is limited to individuals who are all moving to the same new address. We cannot accept change of address requests for individuals who are not included at the time of registration, nor can we edit or alter any request subsequent to the completion of your order. If you wish to edit, alter or delete your address change, you can visit USPS.com for more information.
- Cable, satellite, telephone, and cellular offers. Provided the email tips and offers checkbox remains checked upon completion of your registration, we will arrange for local providers of television, phone and internet service providers to send you private offers based on your moving address location.
- Location triggered tips and offers. Provided the Text Message Tips and Offers remains checked upon completion of your registration AND provided that you download the ByBuy app as described above and accept the location services permission therein, we will provide you with periodic offers triggered by your physical location. The timing and frequency of these emails are solely at our discretion. You may of course unsubscribe from this portion of the Service at any time by following the instructions contained within the Notifications section of the ByBuy app on your smartphone device.
- Custom Concierge Offer Service. Subscribers to the ChangeMyAddress service can take advantage of our free Custom Concierge Offer service at anytime so long as they remain subscribed to our email service. You may request offers from any merchant or for any product or product category by emailing concierge@OnlineAddressChange.net. You must include the words "Custom Offer Request" in the subject line of your email. We will endeavor to find you the most relevant offer possible. WE EXPRESSLY DO NOT GUARANTEE THAT ANY OFFER WILL BE AVAILABLE FROM ANY SPECIFIC MERCHANT OR FOR ANY SPECIFIC PRODUCT OR PRODUCT CATEGORY AT THE TIME OF YOUR REQUEST. We will respond within 24 hours to every request with the best offers we can find that match or relate to your request.
You are responsible for paying any and all charges relating to
the ChangeMyAddress Service, including without limitation, the
Initial Sign Up Fee. You grant to Flatirons third party
payment processor(s) permission to charge your credit card (or
other approved payment mechanism) to pay for all such charges.
The ChangeMyAddress Service fee will be billed upon
registration. You maycancel this service and request a full
refund at any time within ten (10) days subsequent to the
registration date pursuant to the process set forth below.
Payment for the ChangeMyAddress Service must be made by Visa, MasterCard, Discover, American Express or PayPal. If Flatirons does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon our demand. Your card issuer agreement governs your use of your designated card in connection with the ChangeMyAddress Services, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT Flatirons, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, EVEN IF THEY WERE NOT AUTHORIZED BY YOU.
Flatirons RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND/OR BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY Flatirons, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING ON THE APPLICABLE Flatirons SERVICES. Flatirons MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. IF ANY SUCH CHANGE IS UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR IGN ChangeMyAddress SERVICE SUBSCRIPTION BY VISITING THE IGN SUPPORT CENTER, OR YOUR PC MAG ChangeMyAddress SERVICE SUBSCRIPTION BY VISITING THE PC MAGAZINE DIGITAL EDITION CUSTOMER SERVICE PAGE. YOUR CONTINUED USE OF THE ChangeMyAddress SERVICES FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. Flatirons IS NOT RESPONSIBLE FOR ANY FAILURE TO CANCEL YOUR SUBSCRIPTION EITHER IN WRITING BY EMAIL OR LETTER OR THROUGH THE WEBSITE. YOU AGREE AND ACKNOWLEDGE THAT Flatirons SHALL NOT BE RESPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS THAT YOU HAVE NOT SUBMITTED TO US AS DESCRIBED IN THESE TERMS WITHIN 60 DAYS OF SUCH OCCURRENCE OR LACK THEREOF..
We want you to LOVE our service. We are committed to take some
stress out of moving. We offer a "No Questions Asked" refund
days of your order. We will refund all amounts, excluding $5
to cover very real costs associated with the processing of
your order. These costs include the payment of filing fees
with the USPS (1.00) plus the costs of paying our employees
who process your order and many of your company notifications.
We pay a living wage and will always do so! We cannot process
day period. Sorry about that one.
If you desire a refund, send an email to firstname.lastname@example.org. Please include your name and transaction ID, which you can find on your order confirmation email. The full legal terms of our refund policy can be found here
We will process all refund requests within 24-48 hours after receipt. If you leave an email with your request, we will send email confirmation of all your refund details. Please note that your refund can take up to 3 to 5 business days after we process your request, for the funds to be credited to your account.
WE CANNOT HONOR OR PROCESS ANY REFUND REQUESTS RECEIVED AFTER 30 DAYS SUBSEQUENT TO THE COMPLETION OF YOUR ORDER.
Cancellation of Your Service.You can cancel any or all of your services by unsubscribing from any email offer and/or replying "Stop" to any text message offer. Unsubscribing from an email offer will automatically remove you from receiving further email offers but will not unsubscribe you from text message offers. Replying Stop to any text message offer will automatically terminate the receipt of any future text message orders but will not unsubscribe you from email offers. To terminate location based offers nd push notifications, you must adjust the appropriate notification settings from within the ByBuy app in accordance with that apps instructions.
You acknowledge that Flatirons, in its sole discretion, may terminate your user ID, password, account (or any part thereof) or use of the ChangeMyAddress Services for a variety of reasons, including, without limitation, if Flatirons believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. Flatirons may also, in its sole discretion, at any time discontinue providing the ChangeMyAddress Services, or any part thereof, with or without notice. You agree that any termination of your access to the ChangeMyAddress Services under any provision of the Agreement may be effected without prior notice, and acknowledge and agree that Flatirons may immediately deactivate or delete your account and/or bar any further access to the ChangeMyAddress Services. If your account is terminated by Flatirons, it will not be automatically renewed and access will be terminated, without refund. Further, you agree that Flatirons shall not be liable to you or any third-party for termination of your access to the ChangeMyAddress Services. YOU AGREE AND ACKNOWLEDGE THAT OR ACCOUNT OVERSIGHTS PAST 60 DAYS OF SUCH OCCURRENCE.
You agree to provide and maintain true, accurate, current and
complete information about yourself as prompted by the
ChangeMyAddress Services registration process. You must
promptly inform Flatirons of any of the following: changes in
the expiration date of any credit card used in connection with
the ChangeMyAddress Services; changes in home or billing
address; andapparent breaches of security, such as loss,
theft, or unauthorized disclosure or use of an ID or password.
You agree to notify Flatirons immediately upon learning of any
potential breach of your ChangeMyAddress Services account.
Use Restrictions. The material and content on the ChangeMyAddress Services is for the private, enjoyment of ChangeMyAddress Services Members only. Any other use is strictly prohibited. Flatirons spends a great deal of time and money to obtain the information appearing on our sites. You agree that you will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information, content or materials from the ChangeMyAddress Services, without express written permission from Flatirons. You agree that if you do so, Flatirons reserves the right to cancel your subscription to the ChangeMyAddress Services immediately without refund. Additionally, reuse of copyrighted information (including but not limited to pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.
You acknowledge that the Services contain information,
software, articles, reviews, content, photographs, audio and
video clips, graphics, links, logos, trademarks, the "look and
feel" of our websites, applications and software and other
material (collectively, the "Content") that are
protected by copyright, trademark and/or other proprietary
rights of Flatirons or third parties. All Content on the
Services is protected by applicable copyright laws. You agree
to comply with all copyright laws and any copyright notices,
information, or restrictions contained in any Content
available on or accessed through the Services. Users of the
Services may use the Content only for their personal use.
Businesses, may become Members, but are not permitted to use
the Services for any purpose other than as proscribed herein,
including but not limited to collecting usernames and/or email
addresses of Members by electronic or other means for the
purpose of sending unsolicited email and unauthorized framing
of, or linking to, the Services or users on the Services
Except as expressly permitted, you may not (i) modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, adapt, aggregate, sell, transfer or in any way exploit any of the Content, code or Material (defined below), in whole or in part, or (ii) use any robot, spider, site search and/or retrieval application, or other device to retrieve or index any portion of the Services. Content consisting of downloadable or web-based software may not be reverse engineered unless specifically authorized by the owner of the softwares patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Services or the Content, including features that prevent or restrict use or copying, or that enforce limitations on use.
You may post on the Services only content owned by you (such as your original statements or video clips), content for which you have received express written permission from the owner and content in the public domain (collectively, the "Material"). You assume all risk and responsibility for determining whether any Material is in the public domain. You hereby grant, transfer and assign to Flatirons and its affiliates, successors, assigns and licensees (collectively, "Licensee") a fully-paid,royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, perform, modify, revise, create derivative works of and archive the Material, in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), on any number of occasions in any form, and to sublicense third parties (including other users of the Services) to do any of the foregoing with further right of sublicense (the "License"), without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence and that the exercise by Licensee of Licensee's rights under the License shall not violate any laws, defame or libel any person, invade any person's right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including but not limited to any copyright or moral right).
To the extent that you provide us with any suggestions, feedback or other information relating to our business or the Services (including, but not limited to, suggested new products or services or improvements to existing products and services), such information is provided to us on a non- confidential and unrestricted basis, and you hereby grant to the Licensee (as defined above) a non- exclusive, worldwide, perpetual, royalty-free, fully transferrable and sublicensable right and license to reproduce, display, distribute, use and fully exploit such suggestions, feedback and information.
For questions regarding use of Content please email legal@OnlineAddressChange.net.
Flatirons has the right, but not the obligation, to
investigate any illegal and/or unauthorized use of the
Services and appropriate legal action may be taken, including
without limitation, civil, and injunctive relief. While
utilizing the Services, you may not:
- Use the Services for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services;
- Post on the Services any links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind;
- Reformat or frame any portion of any web page that is part of the Service;
- Post Material containing restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Submit any Material that falsely implies sponsorship or endorsement of that Material by the Services, Flatirons and/or any third party, falsify or delete any author attributions in any Material, or promote any information that you know is false or misleading;
- Transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature through the Services or otherwise attempt to interfere with the proper working of the Service or the use and enjoyment of the Services by other users;
- Promote an illegal or unauthorized copy of another persons copyrighted work, such as providing pirated computer programs or videos or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Submit Material, or engage in any activity, that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, unlawful, or violates the rights of any third party or that promotes or encourages illegal activity; or
- Harvest or collect email addresses or other contact information of other users by electronic or other means.
Use of the Services is subject to existing laws and legal process. Nothing contained in the Agreement shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Services.
Flatirons MAY RECEIVE A COMMISSION, FEE AND/OR OTHER
COMPENSATION ON SOME CLICKS OR PURCHASES MADE ON, THROUGH OR
LINKED FROM THE SERVICES.
THIS MEANS Flatirons MAY RECEIVE SOME FORM OF COMPENSATION THROUGH AN ARRANGEMENT IT HAS WITH A THIRD PARTY IF YOU (i) CLICK ON CERTAIN ADS OR LINKS ON OUR WEBSITES, EMAILS OR NEWSLETTERS, OR (ii) PURCHASE A PRODUCT OR SERVICE AFTER CLICKING A LINK.
Flatirons does not represent or endorse the accuracy or reliability of any Content or other material posted on any interactive area or elsewhere on the Services and you acknowledge that any reliance upon such Content or other material shall be at your sole risk. Any Content or other material placed on any interactive area by users represents the views of the user posting the statement, and does not represent the views of Flatirons.
The Services may contain links to sites on the Internet which are owned and operated by third parties. You acknowledge that Flatirons is not responsible for the availability of, or the content located on or through, any External Site. Any third-party content or a link to a third-party site is not an endorsement of that content or third-party site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Typically, we do not directly sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. All product and deal information such as discount, price and availability are believed to be accurate as of the time of publication and are subject to change. Please verify these details with the merchant site and check the merchants terms and conditions before you buy. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor. However, in the event we do sell, resell, or license products or services, any terms and conditions related to your purchase or license of such products and services from us or any affiliates will be accessible on the applicable site page.
Please note that we may allow certain manufacturers to license, use and/or reprint a Flatirons trademark, logo, or a review in whole or in part, in its own marketing materials and advertisements in exchange for a license fee.
You agree to indemnify, defend and hold Flatirons and its
affiliates, and their respective officers, directors, owners,
agents, information providers and licensors harmless from and
against any and all claims, liability, losses, damages, costs
and expenses incurred by any Flatirons Party in connection
- Your use of, or connection to, our Services;
- Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
- The content, the quality, or the performance of Material that you submit;
- Your violation of the rights of any other person or entity.
Flatirons reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Flatirons' defense of such claim.
You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
The Services and the Content are distributed on an as is, as
available basis. None of Flatirons, third party vendors or
content providers or their respective agents makes any
warranties of any kind, either express or implied, including,
without limitation, warranties of title or implied warranties
of merchantability or fitness for a particular purpose, with
respect to the Services, any Content or any products or
services sold through the Services. Neither Flatirons nor any
third party content provider warrants that any files available
for downloading through the Services will be free of viruses
or similar contamination or destructive features. Neither
Flatirons nor any third party content provider warrants that
any of the goods or services linked to or advertised in the
Services comply with data protection or other relevant
legislation and Flatirons accepts no liability whatsoever for
any claim arising from such goods or services.
You expressly agree that the entire risk as to the quality and performance of the Services and the accuracy or completeness of the Content is assumed solely by you and Flatirons cannot guarantee the continued availability of any particular component of the Services. You specifically acknowledge that Flatirons is not responsible or liable for any unauthorized access to or alteration of your materials, data or other transmissions entered into through the Services or for any threatening, defamatory, obscene, offensive or illegal Content or for conduct of any other party or for any infringement of anothers rights.
Flatirons SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. Flatirons, ANY THIRD PARTY CONTENT PROVIDER AND THEIR RESPECTIVE AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OR CORRUPTION OF INFORMATION OR DATA, LOSS OF BUSINESS OR LOST PROFITS, LOSS OF REPUTATION OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, Flatirons IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF Flatirons SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY SUBSCRIPTION ORSIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST Flatirons, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00).
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH YOUR USE OF A SITE, YOU RELEASE Flatirons FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE, AND AGREE TO HOLD Flatirons HARMLESS IN CONNECTION WITH ANY SUCH DISPUTE.
Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, punitive or exemplary damages, bodily or moral (reputational) damages, gross negligence, death or personal injury caused by negligence, personal injury or loss of or damage to property caused by defective products, fraud and/or fraudulent misrepresentation, or recklessness, so the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of Flatirons, third party content providers and their respective agents shall be limited to the greatest extent permitted by applicable law.
Any dispute, claim or controversy arising out of or relating
to this Agreement or the breach, termination, enforcement,
interpretation or validity thereof, including the
determination of the scope or applicability of this agreement
to arbitrate, shall be determined by arbitration in Boulder,
,Colorado before a single arbitrator. The arbitration shall be
administered JAMS, pursuant to its Comprehensive Arbitration
Rules and Procedures. Judgment on the arbitration award may be
entered in any court having jurisdiction. This clause shall
not preclude parties from seeking provisional remedies in aid
of arbitration from a court of appropriate jurisdiction.
Notwithstanding the foregoing, each party shall have the right
to institute an action in a court of proper jurisdiction for
injunctive or other equitable relief pending a final decision
by the arbitrator.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. If the specific provision of this paragraph is found to be unenforceable, then the entirety of this Section entitled "Binding Arbitration" shall be null and void.
YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or the Agreement must be filed within six (6) months after such claim or cause of action arose or be forever barred.
We may be required by international, state or federal law to
notify you of certain events. You hereby acknowledge and
consent that such notices will be effective upon our posting
them on our sites or delivering them to you through e-mail.
Subject to the arbitration provision above and for all
purposes of this Agreement, this Agreement shall be construed
in accordance with the laws of the State of Colorado, without
reference to principles of choice of law. You and Flatirons
each irrevocably consent to the personal jurisdiction of the
federal or state courts located in Boulder, Colorado, (the
"Courts") with respect to any action, suit or proceeding
arising out of or related to this Agreement or to the Services
(including without limitation any Content) and waive any
objection to venue in any of the Courts for such an action,
suit or proceeding (whether based on forum non conveniens or
otherwise); additionally, you agree that you will not bring
any such action, suit or proceeding in any court other than
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement andany additional terms and conditions posted on the Services, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.
If, and to the extent that New Jersey law applies, with respect to residents of New Jersey, the terms in Sections 6 (insofar as any claims may arise from, or relate to, consumer protection or fraud and/or misrepresentation, or result in attorneys fees), 9 and 14 do not limit any rights you may have as a consumer under New Jersey law and are intended to be only as broad and inclusive as permitted by the laws of the state of your residence. Subject to the foregoing, Flatirons, third party content providers, and their respective agents reserve all rights, defenses, and permissible limitations under New Jersey law. Nothing in this Section shall modify the binding arbitration clause and waiver for class action and jury trial in Section 13.