SUBJECT TO YOUR TIME-LIMITED RIGHT TO OPT OUT IN ACCORDANCE WITH THE INSTRUCTIONS IN SUBSECTION 18(h), THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE
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Welcome to info.e2nterprises.net (referred to as the “Site”), a website operated by E Squared Enterprises, LLC. (“E2Enterprises”, “we”, “us”, or “our”). Our platform offers networking services connecting users with financial advisors to facilitate informed financial decisions (referred to as the “Services”). These Terms of Service (“Terms” or “Agreement”) govern your utilization of our Services
By accessing or utilizing the Services you acknowledge acceptance of these Terms (on behalf of yourself or the entity you represent) and affirm that you possess the authority and capacity to enter into these Terms (on behalf of yourself or the entity you represent). You may not access the Services if you are under 18 years old. If you disagree with any provision of these Terms, refrain from accessing and/or using the Site or the Services.
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E2ENTERPRISES CONTENT
The materials, information, and content available or displayed on the Site or provided to you through the Services, along with any derivative works thereof, whether created by us or you (collectively referred to as "Content"), are proprietary to us or our licensors and are deemed our confidential information. Subject to these Terms, including any Supplemental Terms, we grant you a limited, non-exclusive, non-transferable license to view, use, download, and print the Content solely for your personal, informational, non-commercial, and internal review, and solely in accordance with these Terms.
You may not: (i) Utilize the Content or any part thereof to develop products or technologies similar to those of E2Enterprises; (ii) Reproduce, republish, modify, or alter the Content; (iii) Distribute or sell, rent, lease, license, or otherwise make the Content available to others; or (iv) Remove any text, copyright, or other proprietary notices contained in the Content.
Any copy of the Content or portion thereof must include all copyright notices, information, and restrictions contained in or attached to any of the Content, and you must comply with the aforementioned notices and restrictions. To request specific Content, you may be required to provide us with your contact information, including your email address. We may, at our sole discretion, then send you such Content in a format we determine. You agree to provide us only with true, accurate, current, and complete information in such a request. We reserve the right to reject your request and refuse to send you our Content. We are not responsible for ensuring your ability to open, use, or view the Content we send you pursuant to your request.
We retain all right, title, and interest in and to the Content, and all related intellectual property rights. We reserve all rights not granted in these Terms. You must immediately notify us in the event of any loss or unauthorized disclosure of any Content. Upon our written request or your termination of these Terms, you must promptly delete or destroy all documents and other tangible materials representing any Content and all copies thereof.
Different partners may utilize the functionality of their own application ("Third-Party App") to provide you with the Content. You agree that the entity providing that particular App is solely responsible for the Third-Party App and not E2Enterprises, and that you shall direct any dispute regarding your use of that Third-Party App, including any use of our Content, solely to that entity. All offers, images, information, questions, comments, statements, and other content provided by the Third-Party App ("Partner Content") are owned by the entity providing such Partner Content. You agree that the provider of any Partner Content is solely responsible for such Partner Content and that you may be exposed to Partner Content that is offensive, indecent, or objectionable to you, including questions related to political activities with which you may not agree.
OWNERSHIP
You acknowledge and agree that the software, code, proprietary methods, and systems utilized to deliver the Site or Services (including through any App) ("Our Technology") are: (i) Owned by us and/or our licensors under United States and international laws; (ii) Subject to other intellectual property and proprietary rights and regulations; and (iii) Owned by us or our licensors.
Our Technology may not be:
• Copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any manner without our prior written consent and the prior written consent of our applicable licensors.
You must adhere to all copyright notices, information, and restrictions contained in or attached to any of Our Technology. The Agreement does not grant you any right to receive a copy of Our Technology or to access it, except as generally permitted through the Site under the Agreement. Additionally, the Agreement does not imply, by implication, estoppel, or otherwise, any license to Our Technology.
Certain names, logos, and materials displayed on the Site or within the Services are trademarks, trade names, service marks, or logos ("Marks") of E2Enterprises or other entities. You are not permitted to use any such Marks. Ownership of all Marks and the associated goodwill remains with us or the respective entities.
Any use of third-party software provided in connection with the Site, Apps, or Services will be subject to the licenses of those third parties and not governed by the Agreement.
GENERAL RULES OF USER CONDUCT
Our aim is to ensure that all users have a positive experience accessing our Site, and Services. By using the Site or Services, you agree not to engage in the following activities:
• Participating in or promoting any illegal activities;
• Uploading, distributing, or printing anything harmful to minors;
• Violating the rights of any third party, including intellectual property rights;
• Attempting to reverse engineer or disrupt the proper functioning of the Site or its underlying software;
• Unauthorized access to secured portions of the Site, Apps, or Services;
• Uploading or transmitting any form of malware;
• Using the Site, Apps, or Services for spam or unsolicited advertisements;
• Engaging in stalking, harassment, or harm towards others;
• Employing any automated processes to access or extract information from the Site without prior written permission;
• Interfering with the proper functioning of the Site, Apps, or Services or disobeying network regulations;
• Extracting or copying web page content for commercial use without prior written permission;
• Impersonating any person or misrepresenting your affiliation;
• Mirroring or framing the Site, or otherwise affecting its display;
• Posting content that infringes on intellectual property rights or violates privacy or other laws;
• Posting false, discriminatory, unlawful, harmful, defamatory, or offensive content;
• Misrepresenting the source of content;
• Disclosing protected information or misrepresenting your identity;
• Uploading malicious software or harmful components;
• Advocating illegal activities; or
• Posting content that could create liability for us or result in the loss of services from our providers.
You may have the opportunity to post ideas, comments, or content to the Site, including responses to blogs. In doing so, you agree not to post or use any content that:
• Infringes on intellectual property or proprietary rights;
• Violates privacy, publicity, or other rights, or any laws or regulations;
• Is false, inaccurate, or misleading;
• Is discriminatory, unlawful, harmful, defamatory, or offensive;
• Misrepresents the source of content;
• Discloses protected information;
• Misrepresents your identity;
• Contains malicious software or harmful components; or
• Advocates illegal activities or creates liability for us.
PAYMENT TERMS
When you purchase any Service through the Site, you are agreeing to pay the fees specified at check-out. To facilitate payments, we utilize a third party ("Payment Provider"). You must furnish our Payment Provider with a valid credit card (such as Visa, MasterCard, or any other accepted issuer) as a prerequisite for such transactions. The Payment Provider's policies govern the processing of your payment, and you should refer to those policies, not these Terms, to understand your rights and obligations. By providing your credit card number and associated payment details through the Site and Service, you authorize us, through our Payment Provider, to promptly invoice you for all applicable fees and charges, and you consent that no further notice or consent is necessary. We reserve the right to modify our payment terms at any time, with immediate effect upon posting on the Site, via email to you, or by any other reasonable means of communication.
TAXES
The service fees listed are exclusive of any applicable sales tax. If the fees are subject to Sales Tax in any jurisdiction, you will be responsible for remitting such Sales Tax, along with any associated penalties or interest, and will indemnify us for any liability or expenses we may incur in relation to such Sales Taxes. For the purposes of these Terms, "Sales Tax" shall encompass any sales or use tax, as well as any other tax based on sales proceeds, that we are authorized to pass on to you, provided that it (a) serves the same function as a sales tax and (b) is not otherwise imposed by the relevant taxing jurisdiction as a sales or use tax. We reserve the right to automatically levy and withhold such taxes in any jurisdiction where we believe it is necessary.
CONTENT CAUTION
While we endeavor to uphold the rules outlined above, you may encounter Content on the Site that contravenes our policies or is deemed offensive. Your use of the Site is at your own discretion and risk. We retain the right, but are not obligated, to remove Content from the Site for any reason, including if we determine or suspect that such Content breaches these Terms of Use.
MODIFICATIONS TO TERMS
We reserve the right to update the terms of the Agreement periodically for future use. You will be notified of any significant changes by posting notice of the modifications on the Site, and/or, at our discretion, via email. These modifications take effect upon the earlier of: (i) your acknowledgment of the changes; or (ii) your continued access to and/or use of the Site, Apps, or Services following the posting of such modifications. It is your responsibility to periodically check the Site for any updates to the terms outlined in the Terms of Service. If you disagree with any changes, you must discontinue accessing the Site and using the Services.
MODIFICATIONS TO THE SITE, APPS, OR SERVICES
We retain the right to modify or discontinue the Site or Services, with or without prior notice to you. We shall not be held liable to you or any third party for exercising our right to modify or discontinue the Site and/or Services. Should you object to any such changes, your only recourse will be to cease accessing the Site or Services. Continued access to the Site or Services following notification of any changes will indicate your acknowledgment of such changes and satisfaction with the Site or Services as modified. Additionally, you acknowledge that we may terminate your access to the Site and Services immediately, at any time and for any reason, at our sole discretion. You agree that we will not be held liable to you or any other party for any termination of your access to the Site or Services.
FEEDBACK
If you provide us with any ideas, thoughts, criticisms, suggested improvements, or other feedback concerning E2Enterprises, the Site, or the Services (collectively referred to as "Feedback"), you agree that we may utilize the Feedback to enhance our products and services. You acknowledge that you will not be entitled to any compensation, including royalties, in connection with any product or service that incorporates your Feedback. By providing Feedback, you grant us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, create, have created, and otherwise exploit the Feedback in any form, media, or technology, whether currently known or developed in the future, and to authorize others to do the same. This applies regardless of whether you provide the Feedback on the Site or through any other means of communication with us, unless a separate agreement has been established between us that states otherwise.
PRIVACY
We understand the importance of your privacy. That's why we've crafted a privacy policy outlining our practices regarding the collection, use, and disclosure of any personal information you provide to us. Ensuring the security of your personal information is a priority for us. While no system on the Internet is entirely immune to security risks, we are committed to taking reasonable measures to safeguard your personal information. However, it's important to recognize that despite our efforts, we cannot guarantee that the Site and Services are entirely impervious to all security breaches, viruses, or other vulnerabilities.
DISCLAIMER OF WARRANTIES
You acknowledge and agree that your utilization of the Site and/or Services is solely at your own risk. The Content, Site and Services are provided by us on an "as is" and "as available" basis. We explicitly disclaim all warranties of any kind, whether express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data, and system integration. We do not guarantee that the Content, Site, and/or Services will meet your requirements, or that the Site and/or Services will be uninterrupted, timely, secure, or error-free. Nor do we guarantee the accuracy or completeness of any information provided.
You understand and agree that any Content or information downloaded or otherwise obtained through the use of the Site or Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that may result from the download of such material and/or information. No Content, advice, or information, whether oral or written, obtained by you from us through the Site Services, or otherwise, will create any warranty, representation, or guarantee not expressly stated in the Agreement.
SCOPE OF SERVICES
Info.e2enterprises.net offers a wide array of educational information and services, termed as "General Content," alongside an Advisory Partnership service provided by E SQUARED ENTERPRISES, LLC.
Regarding General Content:
Info.e2enterprises.net is not designed to offer legal, tax, or financial advice, except for referrals to investment advisers or investment adviser representatives. E2Enterprises does not function as a financial planner, broker, or tax advisor. The Service aims solely to aid you in understanding financial organization and decision-making, with a broad scope. Since each individual's financial circumstances are unique, the information and investment strategies obtained through info.e2enterprises.net may not be suitable for your situation. Therefore, before making any final decisions or implementing any financial strategy, it's advisable to seek additional information and advice from your accountant or other financial advisers who are fully informed about your individual circumstances.
We want to clarify that we don't expect you to share your gains with us when we recommend a good investment. Similarly, we cannot be held liable for any actions you take or fail to take based on information received through the Site or Services, and specifically disclaim liability for any losses you may incur as a result of such actions or inactions.
The Site and Services are provided for convenience purposes and should not be used as a replacement for any other decision-making method or tool you use. Furthermore, they should not be used to provide financial services to third parties, such as clients or customers.
Regarding the Advisory Partnership service:
E2Enterprises' services are primarily aimed at connecting users with third-party registered investment advisers and/or investment adviser representatives ("RIA/IARs") who have chosen to participate in our matching platform. This process relies on information provided by users through our proprietary data collection process. It's important to note that E2Enterprises does not engage in the ongoing performance assessment of any RIA/IAR, involve itself in the management of any user's account by an RIA/IAR, or offer advice on specific investments.
The matching of RIA/IARs to users is based on factors including the user's financial needs, investable assets, and geographic location. By utilizing the Advisory Partnership service, users consent to these limitations on the extent of our services.
LIMITATION OF LIABILITY
You acknowledge and agree that we offer access to the Site and Services under certain limitations of liability to you and third parties. To the fullest extent permitted by applicable law, neither we nor our officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors shall be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions, or other intangible losses. This applies even if such parties were informed of, knew of, or should have known of the possibility of such damages, and notwithstanding the failure of any limited remedy to fulfill its essential purpose. Such damages may arise out of or be related to your use of or access to, or the inability to use or access, the Site or the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. Additionally, we shall not be liable to you or any third party in connection with any act or omission of any user of the Site.
If any portion of the Site or the Services leaves you dissatisfied, your sole and exclusive remedy is to discontinue using them. E2Enterprises owes no liability to you for any claims arising from or related to the Site or the Services is limited, in aggregate, to one hundred dollars (U.S. $100.00).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
LIMITATION OF LIABILITY – ADVISORY PARTNERSHIP:
Notwithstanding the foregoing, we do not disclaim any liability relating to the provision of services which cannot be disclaimed pursuant to the Investment Advisers Act of 1940, as amended. Accordingly, the limitations of this Section 13 do not apply to our referrals of users to advisers registered or chartered as fiduciaries ("Adviser(s)") with a regulatory body in the United States pursuant to our Advisory Partnership service.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless E2Enterprises, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Content, Site, or Services; (ii) your violation of the Agreement, (iii) your violation of any rights of any other person or entity; or (iv) any viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Site or Services.
THIRD-PARTY CONTENT AND OTHER WEBSITES
Content from advertisers and other third parties may be accessible to you through the Site and/or the Services. As we do not exercise control over such content, you agree that we are not liable for any such content. We do not provide any guarantees regarding the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for any unintended, objectionable, inaccurate, misleading, or unlawful content provided by other users, advertisers, or third parties, nor do we accept liability for any violation of third-party rights related to such content.
The Site and Services may contain links to websites not operated by us. We bear no responsibility for the content, products, materials, or practices (including privacy practices) of such websites. By using the Site and/or Services, you acknowledge that you may encounter third-party websites that you find offensive, indecent, or objectionable. We do not warrant, represent, endorse, or guarantee the quality, content, nature, or reliability of third-party websites, products, or services accessible by hyperlink or otherwise from the Site, Apps, or Services. These links are provided for your convenience only, and we do not exert control over such websites. Our inclusion of links to such websites does not imply endorsement of the materials on those third-party websites or any affiliation with their operators.
The Site and Services may also contain links to websites that are operated by us but are subject to different Terms of Service. It is your responsibility to review the privacy policies and Terms of Service of any other website you visit. You agree that we shall not be liable to you in connection with any websites, content, products, materials, or practices of any third party.
ELECTRONIC COMMUNICATIONS AND E-SIGN CONSENT
In order to provide you with the benefits of our Services efficiently, we require your consent to deliver Communications electronically. While certain communications and disclosures may still be provided to you in writing, your agreement to this Electronic Communications and E-Sign Consent confirms your ability and willingness to receive all terms and conditions, agreements, notices, documents, disclosures, and other communications ("Communications") electronically from us.
By accepting this Electronic Communications and E-Sign Consent, you: (i) consent to receiving Communications from us in electronic format, which may include making them available on the Site or sending them via email with a link provided; (ii) acknowledge that electronic Communications provided by us satisfy any legal requirements that would apply if they were in writing; and (iii) understand that you are responsible for any costs associated with accessing electronic documents, such as internet service fees, phone charges, and printing costs.
To access and retain the Communications, you will need the following:
A computer or mobile device with reliable Internet connectivityAn updated version of an Internet browserA recent version of a program that accurately reads and displays PDF files (Nitro PDF Reader)
Sufficient storage space to store Communications digitally or a printer to print themAccess to an active e-mail address
You have the right to receive Communications in paper form. To request a paper copy of any Communication at no charge, please write to E2Enterprises, LLC, Attn: Ethan Heisey, 6049 Trumpet Flower Ave, Flowery Branch, GA 30542 USA specifying in detail the Communication you would like to receive. Requesting a paper copy of any Communication will not be treated as withdrawal of consent to receive electronic Communications.
Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of the Agreement by accessing this Site or the App. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Site, Apps, and Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
COPYRIGHT VIOLATIONS
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;A description of the copyrighted work that you claim has been infringed;A description of where the material that you claim is infringing is located on the Site or Services;Your address, telephone number, and email address;A statement by you that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; andA statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our copyright agent for notice of claims of copyright infringement on the Site or the Services can be reached by email at [email protected].
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
This section 18 shall be referred to herein as the “Arbitration Agreement.” Except for a claim by E2Enterprises of infringement or misappropriation of E2Enterprises’ patent, copyright, trademark, or trade secret, any and all disputes between you and E2Enterprises arising under or related in any way to these Terms or your use of the Site, Apps or Services, or your receipt of any email, telephonic, text message or other communication from us or are representatives must be resolved through binding arbitration as described in this section. This Arbitration Agreement is intended to be interpreted broadly. YOU AGREE THAT BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU AND E2ENTERPRISES ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND E2ENTERPRISES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
(a) Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this Arbitration Agreement, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and us and our employees, agents, successors, or assigns, regarding or relating to these the Services or these Terms, shall exclusively be settled through binding and confidential arbitration.
(b) Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one arbitrator with substantial experience in resolving commercial contract disputes from the Northeastern Enotah Judicial Circuit. As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the Northeastern Enotah Judicial Circuit’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes. If the Northeastern Enotah Judicial Circuit is unavailable to arbitrate, the parties will agree on an alternative arbitration forum.
(c) You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
(d) You and we must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTYS’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.
(e) Notwithstanding the foregoing, either you or we may bring an individual action in small claims court provided such action remains in such court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in the Northeastern Enotah Judicial Circuit in Dahlonega, Georgia. Additionally, notwithstanding our agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Dahlonega, Georgia in order to maintain the status quo pending arbitration, and the parties hereby agree to submit to the exclusive personal jurisdiction of the courts located within Dahlonega, Georgia for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
(f) With the exception of the second paragraph of this Arbitration Agreement and subparts (1) and (2) of subsection 18.(d) above (prohibiting arbitration on a class, representative or collective basis), if any part of this Arbitration Agreement is deemed to be invalid or unenforceable, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the second paragraph of this Arbitration Agreement and/or subparts (1) or (2) of subsection 18(d) above (prohibiting arbitration on a class, representative or collective basis) is found to be invalid or unenforceable with respect to a particular claim for relief, then that claim for relief and only that claim for relief shall be severed from the arbitration and brought exclusively in the state or federal courts located in Dahlonega, Georgia. All other claims shall be arbitrated.
(g) Notwithstanding any provision in these Terms to the contrary, if we seek to terminate this Arbitration Agreement, any such termination shall not be effective until 30 days after the version of the Terms not containing the Arbitration Agreement is posted to the Site or App, and shall not be effective as to any claim of which you provided us with written notice prior to the date of termination. For more information on the Northeastern Enotah Judicial Circuit, its Rules and Procedures, and how to file an arbitration claim, you may call the Northeastern Enotah Judicial Circuit at 7068646754 or visit the Northeastern Enotah Judicial Circuit’s website at https://ninthdistrict.net/cir_enotah.htm.
(h) Thirty-Day Right to Opt-Out. You have the right to opt-out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to E2Enterprises, LLC, 6049 Trumpet Flower Ave, Flowery Branch, GA 30542 or ATTN: email [email protected] within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your full name, postal address, and e-mail address (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other provisions of the Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
GENERAL TERMS
You are responsible for adhering to all applicable laws. The Terms of Service and your relationship with E2Enterprises will be governed by the laws of the State of Georgia, without regard to any conflicting choice of laws or principles. Any legal action arising from or related to the Terms of Service or your use of the Site, Apps, or Services, except for matters subject to arbitration under Section 18, must be exclusively initiated in the federal or state courts situated in Dahlonega, Georgia, and nowhere else. By using our services, you consent to the exclusive personal jurisdiction and venue of such courts and agree to accept service of process from them.
You are not permitted to transfer, assign, or delegate any of your rights or obligations under the Agreement to any other party, and any attempt to do so will be deemed void. However, we reserve the right to freely assign our rights under this Agreement. You acknowledge our right to seek injunctive relief if necessary to halt or prevent a breach of your obligations under the Agreement.
The paragraph headings in the Agreement, displayed in boldface type, are included solely for clarity, and do not impose any legal obligations.
Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Any waiver by us must be in writing and signed by us to be effective and shall not be construed as a waiver of any subsequent breach or default.
The Agreement represents the entire understanding between you and us regarding its subject matter, superseding all prior oral or written agreements. If any provision of the Agreement is found to be unenforceable by a court of competent jurisdiction, such provision will be enforced to the maximum extent permissible to fulfill the intent of the parties, and the remainder of the Agreement will remain in full force and effect, except for matters subject to subsection 18(f) above.
SURVIVAL
Sections 1, 2, 4, 5, 9, and 11 through 21, as well as any other limitations on liability explicitly set forth herein and our proprietary rights in and to the Site Content, Our Technology, and the Services, will survive the expiration or termination of the Agreement for any reason.
NOTICE OF VIOLATIONS
We reserve the right to notify you through email, a posting on the Site, or other reasonable methods. If you need to notify us, please do so in writing via email at [email protected] or through any other means expressly provided. For reporting any violations of this Agreement, please contact us at [email protected].
ACKNOWLEDGEMENT
E2Enterprises and you acknowledge that this Agreement is solely between E2Enterprises and you. E2Enterprises holds sole responsibility for the Site and its content. If this Agreement contains usage rules that are less restrictive than those provided by the relevant App Store, or if it conflicts with such rules, the more restrictive term will prevail.
MAINTENANCE AND SUPPORT
E2Enterprises is solely responsible for providing any maintenance and support services with respect to Site, as specified in this Agreement (if any), or as required under applicable law. E2Enterprises and you acknowledge that neither Google nor Apple have no obligation whatsoever to furnish any maintenance and support services with respect to Site.
PRODUCT CLAIMS
E2Enterprises and you acknowledge that E2Enterprises is responsible for handling any claims made by you or any third party regarding the Site or your possession and/or use of the Site and/or Service.. These claims may include, but are not limited to: (a) product liability claims; (b) claims regarding the failure of the Site to comply with any applicable legal or regulatory requirements; and (c) claims arising under consumer protection laws or similar legislation. This Agreement does not limit E2Enterprises' liability to you beyond the extent permitted by applicable law.
You also acknowledge and agree that the respective Partner, not E2Enterprises, is responsible for addressing any claims made by you or any third party regarding any Partner Content. These claims may include, but are not limited to: (a) product liability claims; (b) claims regarding the failure of the App to comply with any applicable legal or regulatory requirements; and (c) claims arising under consumer protection laws or similar legislation.
INTELLECTUAL PROPERTY RIGHTS
E2Enterprises and you both recognize that if a third-party claims that the Site or your use of the Site violates their intellectual property rights, E2Enterprises will be solely responsible for handling the investigation, defense, settlement, and resolution of any such claim. Additionally, if a third-party claims that any Partner Content or your use of it violates their intellectual property rights, privacy rights, publicity rights, or constitutes fraud, deception, or unfair practices, the respective partner will be solely responsible for handling the investigation, defense, settlement, and resolution of such complaint or claim, rather than E2Enterprises.
LAST UPDATED April 26, 2024