Welcome to ResetWars.com presented by Restore America Marketing Company, LLC, a Delaware Limited Liability Company. By using the Restore America Marketing Company Services (as defined below) and by accessing the Restore America Marketing Company website located at ResetWars.com and all linked pages owned and operated by Restore America Marketing Company or any affiliate companies (the "Restore America Marketing Company Site(s)"), you agree to be bound by these terms of service, as well as any other guidelines, rules and additional terms referenced below (collectively, "Terms of Service").
 

Restore America Marketing Company's online services available at the Restore America Marketing Company Site(s) will, among other things, help you find information provided by us, anyone who accesses the Restore America Marketing Company Site(s) in any capacity (“User(s)”) of the Restore America Marketing Company Site(s) and other third parties ("Restore America Marketing Company Service"). These Terms of Service set out the legally binding terms with respect to your use of and our provision of the Restore America Marketing Company Site(s) and Restore America Marketing Company Service. Please read these Terms of Service carefully. Your access to or use of the Restore America Marketing Company Site(s) and Restore America Marketing Company Service constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, do not access or use the Restore America Marketing Company Site(s) or Restore America Marketing Company Service.
 

1. Eligibility.

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Restore America Marketing Company Site(s) and Restore America Marketing Company Service. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Restore America Marketing Company Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you do not qualify, do not use the Restore America Marketing Company Site(s) or Restore America Marketing Company Service. The right to access the Restore America Marketing Company Site(s) is revoked in such jurisdictions prohibited by applicable law. In addition, you must be 13 or older to use the site, in compliance with the Children's Online Privacy Protection Act (COPPA). By using the Restore America Marketing Company Site(s) or Restore America Marketing Company Service, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The Restore America Marketing Company Site(s) is administered in the United States (US) and intended for US Users; any use outside of the US is at the User's own risk; and Users are responsible for compliance with any local laws applicable to their use of the service or the website.
 

2. Changes to the Terms of Service or the Restore America Marketing Company Service.

You agree and understand that these Terms of Service, the Restore America Marketing Company Site(s) and the Restore America Marketing Company Services may be modified by Restore America Marketing Company at any time without prior notice, and such modifications will be effective upon Restore America Marketing Company's posting of the new terms and/or upon implementation of the new changes on the Restore America Marketing Company Site(s). You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Restore America Marketing Company Service after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by Restore America Marketing Company, any new features, new services, enhancements or modifications to the Restore America Marketing Company Service implemented after your initial access to the Service will be subject to these Terms of Service.
 

3. Registration and Security.

In order to use or access some of the Restore America Marketing Company Services, you may be required to register with Restore America Marketing Company and to select a password and username, which will consist of an email address you own ("User ID"). Additionally, you understand that by transmitting your email address or phone number you consent to the Restore America Marketing Company and affiliated companies contacting you by email, phone, or text message and offering you the opportunity to purchase various products and/or services which may be available from time to time. If you register, you agree to provide Restore America Marketing Company with accurate, complete, and updated registration information. Failure to do so will constitute a breach of these Terms of Service, which may result in immediate termination of your account and any other appropriate actions. You may not: (a) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (b) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Restore America Marketing Company reserves the right to refuse registration of, or cancel a User ID, at any time in its sole discretion. You will be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the Restore America Marketing Company Service will be for your personal use only. You agree to (a) immediately notify Restore America Marketing Company in writing of any unauthorized use of your User ID or password, and (b) ensure that you exit from your account at the end of each session.
 

4. Use of the Site/Services by Users.

Subject to the restrictions on use and on posting set forth in these Terms of Service, you may: (a) invite people you personally know to join Restore America Marketing Company; and (b) view and use the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the Restore America Marketing Company Service ("Content"), and other items displayed on the Restore America Marketing Company Site(s), for your own personal use. The above uses are in each case subject to applicable law. You may not copy or distribute any portion of the Restore America Marketing Company Site(s) or Restore America Marketing Company Service for any purpose not authorized above without the express written permission of Restore America Marketing Company. Restore America Marketing Company does not control the Content posted by third parties via the Restore America Marketing Company Service, including the content of any messages or reviews or other property, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Restore America Marketing Company Service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Restore America Marketing Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying, and will comply, with all laws applicable to the Content you submit via the Restore America Marketing Company Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, or its integrity or accuracy.
 

5. Restrictions on Rights to Use.

You agree that you will not (and will not allow any third party to):

• Modify, adapt, translate, create any derivative work of, or reverse engineer any portion of the Restore America Marketing Company Site(s) and/or Restore America Marketing Company Service;

• Remove any copyright, trademark or other proprietary rights notice contained in or on the Restore America Marketing Company Site(s) and/or Restore America Marketing Company Service or in or on any Content or other material obtained via the Restore America Marketing Company Site(s) and/or Restore America Marketing Company Service;

• Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Restore America Marketing Company Site(s) and/or Restore America Marketing Company Service;

• Collect any information about other Users (including usernames and/or email addresses);

• Reformat or frame any portion of the web pages that are part of the Restore America Marketing Company Site(s) and/or Restore America Marketing Company Service;

• Create any User account by automated means or under false or fraudulent pretenses;

• Create or transmit unwanted electronic communications such as "spam" to other Users of the Restore America Marketing Company Site(s) and/or Restore America Marketing Company Service or otherwise interfere with other User's enjoyment of the Restore America Marketing Company Site(s) and/or Restore America Marketing Company Service;

• Transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;

• Use the Restore America Marketing Company Site(s) or Restore America Marketing Company Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including those that are deemed threatening or obscene);

• Copy, use or store any Content available on the Restore America Marketing Company Site(s) other than for your own personal use;

• Use any device, software or routine that interferes with the proper working or functionality of the Restore America Marketing Company Site(s) and/or Restore America Marketing Company Service, or otherwise attempt to interfere with the proper working or functionality of the Restore America Marketing Company Site(s) and/or Restore America Marketing Company Service;

• Take any action that imposes, or may impose (as determined in Restore America Marketing Company's sole discretion), an unreasonable or disproportionately large load on our (or our suppliers') IT infrastructure;

• Use any Content marked as obtained from or belonging to Restore America Marketing Company, except in compliance with these Terms of Service;

• Use the Restore America Marketing Company Site(s) and/or Restore America Marketing Company Service, intentionally or unintentionally, to violate any applicable local, state, federal or international law or regulation; or

• Register more than one User account;

• Collect or store personal data about other Users in connection with any prohibited activity described in this paragraph.
 

6. Content Posted By You on the Restore America Marketing Company Site(s).

• You are solely responsible for any Content and other material that you submit, publish or display on the Restore America Marketing Company Site(s) or transmit to other website Users (hereinafter, "Posted Content").

• You agree not to post, distribute, or reproduce in any way on the Restore America Marketing Company Site(s) or through the Restore America Marketing Company Service any copyrighted material, trademarks, or other proprietary or confidential information, without obtaining the prior written consent of the owner of such property. You agree not to submit or post to the Restore America Marketing Company Site(s) any Posted Content or other material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.

• You agree not to provide any Posted Content that falsely expresses or implies that such Content or material is sponsored or endorsed by Restore America Marketing Company.

• You agree not to provide any Posted Content that is unlawful, or that promotes or encourages illegal activity.

• You understand and agree that Restore America Marketing Company may review and delete any business listings or other information (including business name, address, phone, fax, distance, reviews, rating) or other Posted Content that in the sole judgment of Restore America Marketing Company violates these Terms of Service or which might be offensive, illegal, inappropriate or that might violate the rights of, harm, or threaten the safety or security of other Users of the Restore America Marketing Company Site(s).

• You agree that you will only provide Posted Content that you believe to be true; and you will not purposely provide false or misleading information.

• By posting Posted Content on the Restore America Marketing Company Site(s), you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Restore America Marketing Company and its agent, representatives and affiliates, and the Users of the Restore America Marketing Company Site(s) as may be permitted by Restore America Marketing Company, an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive, except you agree that Restore America Marketing Company will have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other Restore America Marketing Company Users for purposes of constructing or populating a searchable database, forum or other aggregation of business.

• Below is a partial list of the kind of Content and communications that are illegal or prohibited on or through the Restore America Marketing Company Site(s). Restore America Marketing Company reserves the right to investigate and take appropriate legal or other action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Restore America Marketing Company Service and blocking your use of the Restore America Marketing Company Service and/or Restore America Marketing Company Site(s). You may not post Content that:

o Is false or intentionally misleading;

o Is patently offensive to Restore America Marketing Company or Users of the Restore America Marketing Company Site(s), such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

o Harasses or advocates harassment of another person;

o Involves the transmission of unsolicited mass mailing or "spamming";

o Violates the intellectual property or other rights of any person;

o Promotes illegal activities or conduct that is abusive;

o Is threatening, obscene, defamatory or libelous;

o Is pornographic or sexually explicit in nature; or

o Seeks or recommends providers of material that exploit people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.

7. Venue Only.

If you enter into correspondence or engage in any commercial or business activity with any third party in connection with your use of the Restore America Marketing Company Service, such activity is solely between you and the applicable third party. Restore America Marketing Company will have no liability, obligation or responsibility for any such activity. You hereby indemnify and release Restore America Marketing Company from all claims arising from such activity.
 

8. Privacy.

In addition to these Terms of Service, your use of the Restore America Marketing Company Site(s) and Restore America Marketing Company Service is governed by our Privacy Policy, a copy of which is currently located at http://www.ResetWars.com/privacy
 

9. Term.

These Terms of Service will remain in full force and effect while you use the Restore America Marketing Company Site(s) or Restore America Marketing Company Service. Restore America Marketing Company may terminate these Terms of Service for any reason, at any time, by posting on the Restore America Marketing Company Site(s). All provisions of these Terms of Service which reasonably apply after termination hereof will survive termination of these Terms of Service; and specifically, Sections 9, 10, 11, 12, 13, 14, 15 and 16 will survive any termination or expiration of these Terms of Service for any reason.
 

10. Ownership.

The Restore America Marketing Company Site(s) and Restore America Marketing Company Service (including, but not limited to, all text, photographs, graphics, video and audio Content) are protected by copyright as collective works or compilations under the copyright laws of the United States and other countries. All individual articles, Content and other elements comprising the Restore America Marketing Company Site(s) and Restore America Marketing Company Service are also copyrighted works. Except for the Content submitted by Users, the Restore America Marketing Company Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by Restore America Marketing Company or its licensors. You acknowledge that the Restore America Marketing Company Service and any underlying technology or software used in connection with the Restore America Marketing Company Service contain Restore America Marketing Company's confidential or proprietary information. You will not copy, perform, modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the Restore America Marketing Company Site(s) or Restore America Marketing Company Services, in whole or in part, except as expressly permitted under these Terms of Service. Except as expressly and unambiguously provided herein, Restore America Marketing Company and its suppliers do not grant you any express or implied rights, and all rights in and to the Restore America Marketing Company Site(s) and Restore America Marketing Company Service not expressly granted by Restore America Marketing Company to you are retained by Restore America Marketing Company.
 

11. Disclaimer.

THE RESTORE AMERICA MARKETING COMPANY SITE(S) AND RESTORE AMERICA MARKETING COMPANY SERVICE ARE PROVIDED BY RESTORE AMERICA MARKETING COMPANY ON AN "AS IS" BASIS. RESTORE AMERICA MARKETING COMPANY (INCLUDING ITS SUPPLIERS, LICENSORS, AGENTS, REPRESENTATIVES AND AFFILIATES) MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE RESTORE AMERICA MARKETING COMPANY SITE(S), THE RESTORE AMERICA MARKETING COMPANY SERVICE OR SOFTWARE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE RESTORE AMERICA MARKETING COMPANY SITE(S) OR IN ASSOCIATION WITH THE RESTORE AMERICA MARKETING COMPANY SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RESTORE AMERICA MARKETING COMPANY (INCLUDING ITS SUPPLIERS, LICENSORS, AGENTS, REPRESENTATIVES AND AFFILIATES) DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE OR TRADE PRACTICE. RESTORE AMERICA MARKETING COMPANY (INCLUDING ITS SUPPLIERS, LICENSORS, AGENTS, REPRESENTATIVES AND AFFILIATES) FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE RESTORE AMERICA MARKETING COMPANY SITE(S). TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. RESTORE AMERICA MARKETING COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE RESTORE AMERICA MARKETING COMPANY SITE(S). Restore America Marketing Company does not warrant or covenant that the Restore America Marketing Company Service will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the Restore America Marketing Company Service is free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the Restore America Marketing Company Service is accessed at your own discretion and risk; and you will be solely responsible for any damage to your computer system or loss of data that results from the download or other use accessing of any such material. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM RESTORE AMERICA MARKETING COMPANY, THE RESTORE AMERICA MARKETING COMPANY SITE(S) OR THROUGH OR FROM THE RESTORE AMERICA MARKETING COMPANY SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. While the information on the Restore America Marketing Company Site(s) and/or the Restore America Marketing Company Service may include legal information, you understand and agree that such information is for educational purposes only, and is not, and will not be interpreted by you as, legal advice (e.g., guidance regarding how any law or regulation may apply to your individual circumstances). Although Restore America Marketing Company takes utmost efforts to provide accurate, helpful information to consumers, you are encouraged to consult your own individual lawyer if you want any professional assurance or opinion that any information found on Restore America Marketing Company, and your interpretation of it, fits your particular situation.
 

12. Limitation on Liability.

Restore America Marketing Company will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Restore America Marketing Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including any so-called "line-noise" interference). WITHOUT LIMITING THE FOREGOING, AND REGARDLESS WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL RESTORE AMERICA MARKETING COMPANY OR ITS AFFILIATES OR SUPPLIERS BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR DAMAGE OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RESTORE AMERICA MARKETING COMPANY'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO RESTORE AMERICA MARKETING COMPANY FOR THE RESTORE AMERICA MARKETING COMPANY SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) U.S.$100. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
 

13. Indemnity.

You agree to defend, indemnify and hold Restore America Marketing Company, its parents, subsidiaries, affiliates, officers, agents and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of or access to Restore America Marketing Company Site(s), (ii) your use of or access to Restore America Marketing Company Service, (iii) the violation of these Terms of Service by you or any third party using your account or User ID or password, and (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

You agree to indemnify, defend, and hold harmless Restore America Marketing Company, and our officers, directors, employees, agents, licensors and suppliers from and against any claims, causes of action, demands, losses, expenses, damages, penalties or other costs, including but not limited to reasonable attorneys’ fees, brought by third parties as a result of: (i) your violation of the Terms of Service; (ii) your use of the Site; (iii) any Submissions you supply; or (iv) your violation of any law or the rights of a third party.
 

14. Governing Law; Dispute Resolution.

This Terms of Service Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a dispute regarding this Terms of Service Agreement or the respective rights of the Parties hereunder, the Parties agree to submit such dispute exclusively to binding arbitration under Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), at the discretion of the Party filing such demand for arbitration, in Orlando, Florida before a single professional arbitrator selected by the Parties or, if the Parties cannot agree on an arbitrator, appointed by JAMS or AAA, as relevant. Any such arbitration shall be commenced within fifteen (15) days of selection of the arbitrator and the discovery rules contained in the Florida Rules of Civil Procedure shall apply to all such proceedings in the event the arbitrator does not set out alternative discovery rules. The arbitrator shall order all remedies permitted by law, award attorney's fees and costs to the prevailing party, and require that the entire proceeding, including the existence of the proceeding, be held confidential by the Parties, and shall not be disclosed by any Party. Any and all orders issued by the arbitrator shall be enforced by a state court of competent jurisdiction located in Orlando, Orange County, Florida.
 

15. Class Action Waiver

This Agreement does not allow class or collective arbitrations or actions, and any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, mass or representative action. You agree that each may bring claims against Restore America Marketing Company, including our affiliate companies, only in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, mass, or representative proceeding.
 

16. Invalidity and Waiver

If any portion of this Terms of Service Agreement is held invalid or inoperative, then so far as is reasonable the remainder of this Terms of Service Agreement will be deemed valid and operative, and effect will be given to the intent manifested by the portion held invalid or inoperative. Except to the extent provided otherwise herein, the failure by Restore America Marketing Company to enforce any term or provision of this Terms of Service Agreement will not constitute a waiver of Restore America Marketing Company’s right to enforce any other such term or provision.
 

17. Assignment

Restore America Marketing Company may assign its rights and duties under this Terms of Service Agreement to any party at any time.
 

18. Miscellaneous.

No agency, partnership, joint venture, or employment is created as a result of these Terms of Service; and you do not have any authority of any kind to bind Restore America Marketing Company in any respect whatsoever. Restore America Marketing Company may provide you with notices, including those regarding changes to the Terms of Service, by email, postal mail or postings on the Restore America Marketing Company Service. These Terms of Service, accepted upon use of the Restore America Marketing Company Site(s), and all terms, guidelines and rules referenced herein contain the entire agreement between you and Restore America Marketing Company regarding the use of the Restore America Marketing Company Site(s) and/or the Restore America Marketing Company Service.
 

19. Contact and Violations.

Please contact us with any questions regarding these Terms of Service, or to report any violations of the Terms of Service to Privacy@ResetWars.com.
 

20. Marks.

ResetWars is a proprietary service and trademark of Restore America Marketing Company or an affiliate company.