Terms & Conditions

Contact

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and A Plus Emergency Credit Repair (“we,” “us” or “our”), concerning your access to and use of the www.800creditscore.net website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “website”).

You agree that by accessing the website, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the website, and you must discontinue use immediately.
 
Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
 
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the website after the date such revised Terms and Conditions are posted.
 
The information provided on the website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
 
The website is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the website.
 
(1) Our Services
1. A Plus Emergency Credit Repair does not claim fees for any job that has not been completed.
 
2. Some of the items covered by the monthly program are listed below. A Plus Emergency Credit Repair charges a fee-only after one or more of the listed items have been rendered. Inaccurate, incomplete, and wrong information will be identified and disputed by A Plus Emergency Credit Repair. The items below are the services we will render:
 
a) Prepare your bi-weekly or monthly dispute rounds for the credit bureaus.
b) Prepare your bi-weekly or monthly dispute rounds for the creditors, if needed.
c) Review updated credit reports through your credit monitoring account.
d) Review all updated documents sent to our company.
e) File complaints on your behalf to regulatory agencies if needed.
f) Educate you on the credit score improvement process by email.
g) Educate you on the credit restoration process by email.
h) Update client-tracking portal with your credit improvement process.
i) Keep you updated by phone, if need be, regarding your progress.
j) Credit Analysis – Analyze your credit reports during your consultation
 
3. It is understood that we offer credit information. We make every effort to ensure the accuracy of the information and to clearly explain your options. However, we do not provide legal advice (i.e.; the application of the law to your individual circumstances). For legal advice, please consult an attorney.
 
4. In return, for the services above, you agree to pay the fee as outlined in your client agreement or fee agreement. You have the right to cancel your contract for any reason within 3 business days from the date you signed it. Just send written notice as outlined in your client agreement.
 
It is understood that we offer credit information. We make every effort to ensure the accuracy of the information and to clearly explain your options. However, we do not provide legal advice (i.e.; the application of the law to your individual circumstances). For legal advice, please consult an attorney.
 
(2) Payment Terms
1. When you purchase a Service, these Payment Terms apply, and you agree to these Payment Terms.
 
2. If a fee is charged for any portion of the Services, you agree to pay the fee.
 
3. The price quoted for the Services includes all applicable taxes unless otherwise stated.
 
4. You are solely responsible for payment of any such taxes or other charges.
 
5. After we notify you that we have not received a payment on time or in full, we may suspend or terminate the Services if you do not pay the full amount by the deadline set. Suspension or termination of the Services due to non-payment may cause you to lose access to your account and its contents.
 
6. Your bank may charge additional fees for these services if you use a debit or credit card. Please check with your bank.
 
7. To pay for a Service, you will be asked to provide a payment method when you sign up for the Service.
 
8. You agree that A Plus Emergency Credit Repair may use updated account information provided by your issuing bank or the applicable payment system, if applicable.
 
9. You agree to update your account and other information, including email address and payment method information, in a timely manner so that we can complete your transactions and contact you about your transactions as needed.
 
10. If you request us to stop using your payment method and do not provide us with a different payment method within a reasonable period of time upon our request, we may suspend or terminate your paid service for cause.
 
(3) Continuity and Quality of Service
1. A Plus Emergency Credit Repair will use its reasonable endeavors to provide users with a prompt and continuing service. A Plus Emergency Credit Repair does not, however, warrant that the service it provides will continue uninterrupted or without delay or that it will remain unchanged. In particular, A Plus Emergency Credit Repair reserves the right to bring the Website down as and when necessary for the purposes of maintenance.
 
2. Whilst A Plus Emergency Credit Repair will use its reasonable endeavors to ensure that the information contained on the Website is correct and reliable, no warranty, either express or implied, is given as to the accuracy or completeness of that information.
 
3. The Website is intended to provide users with general information relating to A Plus Emergency Credit Repair, its various products and services and other financial information which may be of relevance or interest to users. The Website is not intended to provide exhaustive details in respect of any of the issues or matters referred to on it.
 
4. Prior to making any decision or taking any action which may potentially affect users’ personal finances or business, users are urged to take independent advice from suitably qualified advisors.
 
(4) Licence to use website
1. You may:
 
a) view pages from our website in a web browser;
b) download pages from our website for caching in a web browser;
c) print pages from our website;
d) use our website services by means of a web browser,
e) subject to the other provisions of these terms and conditions.
 
2. Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
 
3. You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
 
4. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
 
5. Unless you own or control the relevant rights in the material, you must not:
a) republish material from our website (including republication on another website);
b) sell, rent or sub-license material from our website;
c) show any material from our website in public;
d) exploit material from our website for a commercial purpose; or
e) redistribute material from our website.
 
6. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
 
(5) Acceptable use
1. You must not:
 
a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, or accessibility of the website;
b) use our website in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
e) access or otherwise interact with our website using any robot, spider, or other automated means, except for the purpose of search engine indexing;
f) violate the directives set out in the robots.txt file for our website; or
g) use data collected from our website for any direct marketing activity (including without limitation email marketing, marketing, telemarketing and direct mailing).
 
2. You must not use data collected from our website to contact individuals, companies or other persons or entities.
 
3. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
 
(6) Intellectual Property Rights
1. Unless otherwise indicated, the website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
 
2. The Content and the Marks are provided on the website “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
 
3. Provided that you are eligible to use the website, you are granted a limited license to access and use the website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the website, the Content, and the Marks.
 
(7) User Generated Contributions
1. The website may invite you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the website, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).
 
2. Contributions may be viewable by other users of the website and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
 
3. Any use of the website in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the website.
 
(8) Contribution License
1. By posting your Contributions to any part of the website, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
 
2. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
 
3. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the website.
 
4. You are solely responsible for your Contributions to the website, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
 
5. We have the right, in our sole and absolute discretion,
 
a) to edit, redact, or otherwise change any Contributions;
b) to re-categorize any Contributions to place them in more appropriate locations on the website; and,
c) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
 
(9) Guidelines for Reviews
1. We may provide you areas on the website to leave reviews or ratings. When posting a review, you must comply with the following criteria:
 
a) you should have first-hand experience with the person/entity being reviewed;
b) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
c) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
d) your reviews should not contain references to illegal activity;
e) you should not be affiliated with competitors if posting negative reviews;
f) you should not make any conclusions as to the legality of conduct;
g) you may not post any false or misleading statements;
h) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
 
2. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
 
3. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.
 
4. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
 
(10) Submissions
1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the website (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
 
2. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
 
(11) Third-Party Websites and Content
1. The website may contain links to other websites (“Third-Party websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
 
2. Such Third-Party websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party websites accessed through the website or any Third-Party Content posted on, available through, or installed from the website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party websites or the Third-Party Content.
 
3. Inclusion of, linking to, or permitting the use or installation of any Third-Party websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the website and access the Third-Party websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.
 
4. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the website or relating to any applications you use or install from the website.
 
5. You agree and acknowledge that we do not endorse the products or services offered on Third-Party websites, and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party websites.
 
(12) Website Management
1. We reserve the right, but not the obligation to:
 
a) monitor the website for violations of these Terms and Conditions;
b) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
c) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
d) in our sole discretion and without limitation, notice, or liability, to remove from the website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
e) otherwise manage the website in a manner designed to protect our rights and property and to facilitate the proper functioning of the website.
 
(13) Privacy Policy
1. We care about data privacy and security. Please review our Privacy Policy posted on the website.
 
2. By using the website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the website is hosted in the United States.
 
3. If you access the website from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the website, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
 
4. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the required and verifiable parental consent, we will delete that information from the website as quickly as is reasonably practical.
 
(14) Term and Termination
1. These Terms and Conditions shall remain in full force and effect while you use the website. Without limiting any other provision of these terms and conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the website (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms and conditions or of any applicable law or regulation. We may terminate your use or participation on the website or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
 
2. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
 
3. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
 
(15) Modifications and Interruptions
1. We reserve the right to change, modify, or remove the contents of the website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our website. We also reserve the right to modify or discontinue all or part of the website without notice at any time.
 
2. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the website.
 
3. We cannot guarantee the website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the website, resulting in interruptions, delays, or errors.
 
4. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the website during any downtime or discontinuance of the website.
 
5. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the website or to supply any corrections, updates, or releases in connection therewith.
 
(16) Corrections
1. There may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate to the website, including descriptions, pricing, availability, and various other information.
 
2. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time, without prior notice.
 
(17) Limited warranties
1. We do not warrant or represent:
 
a) the completeness or accuracy of the information published on our website;
b) that the material on the website is up-to-date; or
c) that the website or any service on the website will remain available.
 
2. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
 
3. To the maximum extent permitted by applicable law we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
 
(18) Do not rely on information and tools on this website
1. We are not regulated and A Plus Emergency Credit Repair does not provide a regulated service. The information and material (including tools) provided on our website are for general information only. It is not intended to amount to advice on which you should rely.
 
2. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content, or information derived from, our website. For example, you should seek further information from an independent financial advisor or from providers of specific financial products.
 
(19) Disclaimer
1. We make no representations, warranties or guarantees, whether express or implied, that the website and app, the related materials or the services are accurate, complete or up to date or fit for your purpose. To the fullest extent permitted by law, we expressly exclude all guarantees conditions, warranties, representations or other terms which might otherwise be implied by statute, common law or the law of equity to the website and app, the related materials and the services, whether express or implied.
 
2. The website is provided on an as-is and as-available basis. You agree that your use of the website and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the website and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the website’s content or the content of any websites linked to the website, and we will assume no liability or responsibility for any;
 
a) errors, mistakes, or inaccuracies of content and materials,
b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website,
c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
d) any interruption or cessation of transmission to or from the website,
e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, and/or
f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the website.
 
3. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
 
4. A Plus Emergency Credit Repair shall not be liable for any third party claims or losses of any nature, including, but not limited to, loss of profits, indirect or consequential loss or loss due to circumstances beyond its reasonable control.
 
5. A Plus Emergency Credit Repair does not accept any liability for any acts or omissions resulting from users’ decisions or opinions formed on the basis of use of the Website
 
6. A Plus Emergency Credit Repair may, at any time change, modify, add to or remove part or all of these terms and conditions. Users should therefore check these terms and conditions periodically to see if they have changed. Continued use of this Website following any change in the terms and conditions will be deemed to constitute the users’ acceptance of those changes.
 
7. A Plus Emergency Credit Repair makes every effort to ensure that the information and data contained on the Website is correct. A Plus Emergency Credit Repair, however, accepts no liability and does not guarantee that the information and data provided is up-to-date, correct, and complete. This also applies for all other websites referred to by means of a hyperlink from time to time. A Plus Emergency Credit Repair is not responsible for the contents of such websites reached by means of such a link and reserves the right to modify or supplement the information or data provided without prior notice.
 
8. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
 
(20) Limitations of liability
1. In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the website, even if we have been advised of the possibility of such damages.
 
2. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the one-month period prior to any cause of action arising. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.
 
3. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
 
(21) Indemnification
1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
 
a) your Contributions;
b) use of the website and Services;
c) breach of these Terms and Conditions;
d) any breach of your representations and warranties set forth in these Terms and Conditions;
e) your violation of the rights of a third party, including but not limited to intellectual property rights; or
f) any overt harmful act toward any other user of the website with whom you connected via the website.
 
2. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
 
(22) User Data
1. We will maintain certain data that you transmit to the website for the purpose of managing the website, as well as data relating to your use of the website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the website.
 
2. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
 
(23) Electronic Communications, Transactions, and Signatures
1. Visiting the website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the website, satisfy any legal requirement that such communication be in writing.
 
2. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the website.
 
3. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
 
(24) Binding Arbitration
1. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration.
 
2. You understand that without this provision, you would have the right to sue in court and have a jury trial.
 
3. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.
 
4. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
 
5. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party.
 
6. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law.
 
(25) Class Action Waiver
1. The parties agree that
a) no arbitration proceeding hereunder whether a consumer dispute or a business dispute shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated, and
b) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding.
 
2. The parties agree to arbitrate a consumer dispute or business dispute on an individual basis and each waives the right to participate in a class action.
 
(26) Waiver of Jury Trial
Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to this agreement or the transactions contemplated hereby.
 
(27) No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
 
(28) Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
 
(29) Notices
All notices / communications shall be given to us either by email to [email protected]. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
 
(30) Governing Law
These Terms and Conditions and your use of the website are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State/Commonwealth of Texas, without regard to its conflict of law principles.