This website (the “Website”) is owned and operated by Great VirtualWorks, Inc. and one of its affiliated companies (“GVW Group”). These Terms and Conditions and any amendments or supplements to it, together with this Website’s posted Privacy Notice and any other posted policies form a legally binding agreement (the “Agreement”) between you and GVW Group. This Agreement governs your access to, and use of, this Website.

Your use of this Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THIS WEBSITE.

THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (DEFINED IN SECTION 19 BELOW) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THE MANDATORY ARBITRATION AGREEMENT, SECTION 19 BELOW DESCRIBES THE OPT-OUT PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A MEMBER OF A CLASS ACTION.

  1. Who is Eligible to Use the Website

This Website is intended for adults (age 18 or older). In order to use the Website, you must be 18 years or older and have the legal capacity to enter into a binding contract with us. If you use the Website, you are affirming that you are at least 18 years old.

  1. Limitation on Use of the Website

While using this Website, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use this Website for any fraudulent or unlawful purpose, and you may not take any action to interfere with this Website or any other party’s use of this Website. You may not (without our prior written consent):

  1. copy, reproduce, rent, lease, loan, or sell content retrieved from the Website;
  2. modify, distribute, or re-post any content on the Website for any purpose; or
  3. use the content of the Website for any commercial purpose whatsoever.

When using the Website, you further agree:

  1. not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;
  2. not to upload, post, or otherwise transmit through or on the Website any viruses, worms, spyware, adware, or other malicious computer code, file, or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
  3. not to reproduce, duplicate, use, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to a Site;
  4. not to use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on a Site or to collect any information from a Site or any other user of a Website; or
  5. not to reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Website or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website;
  6. not to build a competitive product or service using the Website, build a product or service using similar ideas, features, functions, or graphics as the Website or determine whether the Website are within the scope of any patent;
  7. not to use meta tags or any other “hidden text” utilizing a GVW Group company name, trademark, or product name without GVW Group’s written consent;
  8. not to deep-link to the Website without the company’s written consent;
  9. not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with a Site, or express or imply that we endorse any statement you make;
  10. use or share another party’s information on the Website;
  11. not to collect or store personal data about others;
  12. not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
  13. not to post any material that is knowingly false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise in violation of any law, these terms and conditions, the site’s Privacy Policy or other posted policies. You also agree not to post any copyrighted material unless the copyright is Your Content;
  14. not to assist or permit any persons in violating this Agreement or other applicable laws or rules governing the use of the Website;
  15. to be bound by the company’s submission policies, including that of any product, service, or idea you submit to any GVW Group via this Website wherein your submission will not be held in confidence by GVW Group and is not proprietary, that GVW Group may use the submission and any aspect thereof for any purposes in GVW Group’s sole discretion and that GVW Group owes no duties or obligations with respect to you or the submission you made.
  1. Our Intellectual Property Rights and the Intellectual Property Rights of Others

You acknowledge that content available through the Website or other pages we operate, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, images, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademark, patent, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy, and print content retrieved from the Website for the sole purpose of placing an order via the Website, provided that you do not remove, alter or obscure the Intellectual Property Right notice or other notices displayed on or embedded in the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of GVW Group company’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.

  1. No Warranty; Disclaimer

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GVW GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GVW GROUP DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET ANY REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. GVW GROUP MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED INCLUDING, BUT NOT LIMITED TO, ANY LIVE CHAT OR STATIC OR DYNAMIC CONTENT.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GVW GROUP OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

  1. Links to third-party websites

The Website may provide links to other websites or resources, including advertisers, over which GVW Group has no control. These links are provided for the user’s convenience and should not be viewed to be an endorsement by GVW Group of that third-party site’s content, product, or services. Your access, view, and use of these links, is at your own risk. GVW Group makes no representations or warranties with respect to the content, ownership, or legality of any third-party linked websites. You agree that GVW Group has no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, or other materials available through third-party websites or resources. When you leave the Website via a link to another website, you are subject to that site’s Privacy Policy, Terms of Use, and other policies (“Third-Party Website Policies”) applicable to that website and you should review the Third-Party Website Policies.

  1. Computer Systems Check

As part of the application process through GVW’s Website you will be required to install and run software from Husdawg, LLC. The software analyzes your computer’s hardware and software specifications. The results of this “systems check” is to determine if your computer’s specifications meets GVW’s minimum requirements.

  1. Background Check

All applicants will be required to submit to a personal background check through a third-party vendor prior to joining GVW’s network. All information GVW obtains via the background check will be treated as confidential. Applicants are required to pay all fees related to the background check and all fees are non-refundable.

  1. Payment Information

When paying for services through the Website, by telephone, or otherwise, you agree to provide only truthful, accurate, current, and complete payment information. You represent and warrant that you will only provide payment information which is yours or information you are authorized to use and provide to us. GVW Group reserves the right to cancel any payment or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to GVW Group, or for any other reason that we, in our sole discretion, believe appropriate. You agree that your payment on or through this the Website is sufficient to satisfy any applicable Statute of Frauds and no further writing is required.

  1. Electronic Documents and Signatures

All information communicated on the Website is considered an electronic communication. When you communicate with the GVW Group through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

You further acknowledge and agree that by clicking on a button labeled “SUBMIT”, “I ACCEPT”, “I AGREE,” “APPLY,” “APPLY NOW,” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 or other similar statutes (and any revisions or amendments thereto), 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 THROUGH THE WEBSITE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

  1. Communicating with the GVW Group

You understand that all telephone calls, live chats, and other communications such as personal messaging or social media posts to or from GVW Group are monitored and recorded and you consent to such monitoring and recording.

You verify that any contact information provided to GVW Group is true and accurate. You further verify that you are the account subscriber or that you own or are an authorized user of any telephone numbers, email addresses, etc. that you provide to GVW Group and that by voluntarily providing your contact information to GVW Group, you agree to be contacted at the telephone numbers or at any other contact method you provide.

GVW Group may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing, or shipping addresses, phone numbers, or other communication accounts provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide GVW Group notice within 30 days of any change to your contact information by writing to 4100 SW 28th Way, Fort Lauderdale, FL 33312, Attention: Customer Care or emailing [email protected]. Your consent to this communications provision is not required to make any purchase with GVW Group.

  1. Limited Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL GVW GROUP, ITS SUPPLIERS, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.

  1. Indemnification

You agree to indemnify and hold harmless GVW Group, its parent company and its affiliates (“collectively “indemnitees”) and all directors, officers, employees, agents, contractors, co-branders, suppliers, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to the indemnitees that is not owned by you, in contravention of this Agreement; or (iv) your breach of this Agreement.

  1. Termination, Suspension, Revision of Website

You agree that GVW Group may, in its sole discretion, and at any time, revise, terminate, or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason. You further agree that GVW Group shall not be liable to you or to any third party for the consequences of such termination, suspension, or revision. In the event of any change to your use of, or access to, the Website, you agree that the provisions of the Agreement regarding protection of intellectual property rights and license, indemnification, disclaimer regarding information provided on the Website, disclaimer of warranties with respect to use of the Website, limitation on GVW Group’s liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination, suspension, or revision.

  1. Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver
    A) Informal Dispute Procedures. We try to address any disputes without the need to initiate a formal legal case. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone or videoconference conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute you agree to notify us, in writing, by U.S. Mail to: Great VirtualWorks, Inc., 4100 SW 28th Way, Fort Lauderdale, FL 33312, Attn: Legal Department of the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. Within sixty (60) days following our receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or videoconference with us. You may have a lawyer attend the call with you if you desire. If the dispute is not resolved within that sixty (60) days (which period can be extended by agreement of the parties), you or we may commence an arbitration to resolve the dispute consistent with the process set forth below. Compliance with, and completing, this informal dispute resolution process is a condition precedent to commencing an arbitration. You and we agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date we receive your notice. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

    B) Mandatory Binding Arbitration Agreement & Class Action Waiver

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS.  YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION.  YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND THAT THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Arbitration is a manner of resolving a “Claim” without filing a lawsuit.  “Claim” means any dispute between you, Great VirtualWorks or its affiliates, agents, or representatives, or any involved third party relating to your account, your use of the Website, your relationship with GVW Group, or this Agreement.  This includes any and all Claims that arise from or relate in any way to your use of the services, your attempted use of the services, the use of this Website and any act or omission by GVW Group or any third party related to your use or attempted use of the services.  You, GVW Group, or any involved third party may pursue a Claim. 

You and Great VirtualWorks, Inc. agree that, except as set forth below, we will resolve any controversies, Claims, counterclaims, or other disputes between you and Great VirtualWorks, Inc. or you and a third-party agent of Great VirtualWorks, Inc. through final and binding arbitration instead of through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This Arbitration Agreement applies to any existing or future Claims that you have not individually filed in a court of law or in arbitration prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this Arbitration Agreement. A court of competent jurisdiction will exclusively determine whether the parties have entered into a valid and enforceable Arbitration Agreement to arbitrate their Claims, including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied.

Any party to the arbitration may, at any time, more than ten (10) days before arbitration, serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.

If you demonstrate the costs of arbitration will be prohibitive as compared to the costs of litigation, Great VirtualWorks, Inc. will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. Notwithstanding the foregoing, if your attorney is paying the administrative costs, filing fees, arbitrator fees, and other associated arbitral costs on your behalf, and your attorneys’ may recover all or a portion of those fees only if you obtain an award in the arbitration, your attorney must evenly split all costs with us initially. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

You may not bring Claims in arbitration on a class or representative basis. Neither you nor GVW Group may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. (For more details, see the Mass Arbitration Process Requirements section below.) The arbitrator can decide only your and/or GVW Group’s individual Claims.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be severed, but the remainder of this Section shall continue in full force and effect. If for any reason a claim proceeds in court rather than in arbitration you and Great VirtualWorks, Inc., each waive any right to a jury trial. No waiver of any provision of this Section of the Terms and Conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms and Conditions. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other Claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. This Mandatory Binding Arbitration Agreement & Class Action Waiver Section of the Terms and Conditions will survive the termination of your relationship with Great VirtualWorks, Inc.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR GREAT VIRTUALWORKS, INC. WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Exceptions

This arbitration agreement does not preclude you or GVW Group from seeking action by federal, state, or local government agencies.

Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, trademark infringement, or dilution.

As an exception to binding arbitration, you and GVW Group both retain the right to pursue, in a small claims court, any Claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction.  GVW Group will not demand arbitration in connection with any individual Claim that you properly file and pursue in a small claims court, so long as the Claim is pending only in that court. In the Event a Claim has already been filed in arbitration, the party who has filed that claim will, within ten (10) days of receiving such a notice, withdraw their Claim from arbitration. The parties will then proceed with the Claim exclusively in small claims court. A party may apply to any court of competent jurisdiction to enforce the terms of this paragraph. In addition, you and GVW Group. retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. Any such request shall not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.

Commencing Arbitration

You and GVW Group agree to commence any arbitration proceeding within one (1) year after the Claim arises (the one (1) year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after one (1) year shall be barred.

For your convenience, if you are located in the United States, the arbitration may be conducted in the federal district where you reside. If both you and GVW Group agree, the arbitration may be held by telephone or through written submissions.

Mass Arbitration Process Requirements

If twenty-five (25) or more similar Claims are asserted against Great VirtualWorks, Inc. at or around the same time by the same or coordinated counsel or are otherwise coordinated (and your Claim is one such Claim), you understand and agree that the resolution of your Claim might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Twenty (20) Claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by Great VirtualWorks. The remaining Claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those Claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining Claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which Great VirtualWorks will pay the mediator’s fee. If the parties are unable to resolve the remaining Claims through mediation at this time, then forty (40) Claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by Great VirtualWorks. (If there are fewer than forty (40) Claims remaining, all shall proceed.) The remaining Claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those Claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. If the parties are unable to resolve the remaining Claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which Great VirtualWorks will pay the mediator’s fee. If the parties are unable to resolve the remaining Claims in mediation at this time, this staged process shall continue with no more than one hundred (100) Claims proceeding at any time in a staged order that is selected randomly or by the AAA, until all the coordinated Claims, including your Claim, are adjudicated or otherwise resolved. At any time during these proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining Claims. Any applicable statute of limitations on your Claims and filing fee deadlines shall be tolled for Claims subject to this section regarding “Mass Arbitration Process Requirements” from the time Claims are selected for the first set of batching proceedings until the time your claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this section regarding “Mass Arbitration Process Requirements” and, if necessary, to enjoin the filing or prosecution of arbitration demands against Great VirtualWorks, Inc. Should a court of competent jurisdiction decline to enforce these “Mass Arbitration Process Requirements,” you and we agree that your and our counsel shall engage in good faith and with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

Award

The arbitrator shall follow Florida substantive law and any ordered relief shall be binding. The arbitrator may award any form of individual relief including injunctions and punitive damages.  The arbitrator may award costs or fees to a prevailing party.  Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law.  Any award rendered shall include a written opinion and shall be final subject to appeal under the FAA.

Enforceability

This provision survives termination of your account or relationship with GVW Group, bankruptcy, assignment, or transfer.  If the class action waiver is deemed unenforceable (i.e. unenforceability would allow arbitration to proceed as a class or representative action) then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

Miscellaneous

Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the one (1) year limitation period set forth above.  This provision is the entire arbitration agreement between you and GVW Group and shall not be modified except in writing by GVW Group.

Amendments

GVW Group reserves the right to amend this arbitration provision at any time. Your continued use of this Website, your use or attempted use of a GVW Group service, following the posting of an amendment to this arbitration provision constitutes your consent to such changes.  Should the changes to this arbitration provision be material, GVW Group will provide you notice and an opportunity to opt-out. Your continued use of this Website or use, or attempted use, of a GVW Group service is affirmation of your consent to such material changes.

YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE INITIAL DATE OF USE OR ATTEMPTED USE OF A SERVICE, THROUGH THIS WEBSITE BY WRITING TO GREAT VIRTUALWORKS, INC., 4100 SW 28TH WAY, FORT LAUDERDALE, FL 33312 ATTN: LEGAL DEPARTMENT.

FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE THIRTY (30) DAYS OF THE INITIAL DATE OF PURCHASE, USE OR ATTEMPTED USE THE PRODUCT OR SERVICE.  UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST PURSUE YOUR CLAIM THROUGH ARBITRATION AS SET FORTH IN THIS AGREEMENT.

  1. Exclusive Venue for all other Controversies

You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court with jurisdiction) shall be filed only in a court of competent jurisdiction located in Broward County, Florida and each party hereby irrevocably and unconditionally consents and submits to the exclusive and personal jurisdiction of such courts for any such controversy.

  1. GVW Group Remedies

In order to prevent or limit irreparable injury to GVW Group, in the event of any breach or threatened breach by you of the provisions of this Agreement, GVW Group shall be entitled to seek an injunction or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting GVW Group from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.

  1. Modifications

GVW Group may make changes to these Terms of Use and Conditions, from time to time, in its sole discretion, by updating and posting the revised terms on the Website with or without notice to you. Your continued use of the Website following the posting of a new version of the Terms and Conditions constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, you should check to see if a new version has been posted.

  1. Trademarks

All trademarks and service marks displayed on the Website are the property of a GVW Group or other respective owners. You may not use or display any trademarks or service marks owned by any GVW Group without prior written consent and you may not otherwise use or display any other trademarks or service marks displayed on the Website without the permission of the owner.

  1. Copyright Policy

GVW Group respects the copyright and intellectual property rights of others and may, without notice, remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, GVW Group may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, GVW Group will comply with the Digital Millennium Copyright Act.

If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our GVW Group’s copyright agent (at [email protected]) 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 Website.
  • Your address, telephone number, and e-mail 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.
  • A statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please direct inquiries regarding any infringement issues by email to

Great VirtualWorks, Inc.
4100 SW 28th Way,
Fort Lauderdale, FL 33312
[email protected]
(833) 663-4295 ext. 1412

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

  1. Additional Terms

The GVW Group operating this site may assign, transfer, or sub-contract any of its rights or obligations under these Terms and Conditions to any third party or any GVW Group at its discretion. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with GVW Group. No delay by GVW Group in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of that right or remedy or shall affect GVW Group’s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by GVW Group in writing. These Terms and Conditions supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.