Effective Date: April 16, 2024

Using Our Site and Services

These terms of service (“Terms of Service”) are entered into by and between you and Targeted Victory®, LLC (“Targeted Victory”, “we”, “our” or “us”). These Terms of Service govern your access to our Site and your use of our Services. In these Terms of Service, “Site” refers to the web site, located at www.targetedvictory.com. “Services” refers to the services, features, and functionality, and offers made available through the Site.

In these Terms of Service, “you” and “your” refer to: (a) you, the individual accessing the Site and/or using the Services; (b) any electronic agent accessing the Site and/or using the Services; and (c) the business entity on whose behalf an individual or electronic agent is accessing the Site and/or using the Services. The Site provides users with access to information and materials about Targeted Victory and other information related to services offered by Targeted Victory, a full-service digital advertising agency. This Site also contains information, text, data, code, software, images, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about Targeted Victory and its Services, “Content”), as well as the design, structure, coordination, expression, “look and feel”, and arrangement of such Content. 

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. 

BY ACCESSING THE SITE OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS THE SYSTEM OR USE THE SERVICES.

Legal Capacity and Age

Targeted Victory’s Site and Services are intended for a general audience and are not intended by use by minors. By accessing our Site or using our Services, you represent and warrant that: (a) you have the legal capacity to enter into these Terms of Service (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract); and (b) you are at least eighteen (18) years of age.

Changes to these Terms of Service

Targeted Victory may change, modify, supplement, or update these Terms of Service at any time in our sole discretion effective immediately upon the posting of the revised Terms of Service, along with the effective date, on the Site. We may provide you with notice of such updates and modifications by any means, including by posting a revised version on the Site. You are encouraged to review this Site and these Terms of Service periodically for updates and changes. You will be bound by any such changed, modified, supplemented, or updated Terms of Service if you continue to use this Site after such changes are posted, and your continued access to the Site or use of the Services after such updates or modifications signifies your acceptance of such revised terms. 

The version of these Terms of Service posted on the Site on each respective date you visit the Site will be the Terms of Service applicable to your access to the Site or use of the Services on that date. Our electronically or otherwise properly stored copies of the Terms of Service shall be deemed to be the true, complete, valid, and authentic copy of the version of the Terms of Service that was in force on each respective date you accessed the Site or used the Services.

Ownership; Limited License and Site Access; All Rights Reserved

You understand and agree that Targeted Victory owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the Site and the Services. You acknowledge that the Site and the Services are proprietary to Targeted Victory and are protected by applicable intellectual property and other proprietary rights, laws, and treaties, and that you acquire no ownership interest in the Site or the Services by accessing the Site or using the Services.

Subject to these Terms of Service, Targeted Victory hereby grants you a limited, personal, non-exclusive, non-transferable license to access the Site and use the Services solely for your internal use. We (or the respective third-party owners of Content) retain all right, title, and interest in this Site and any Content, features, Services offered on this Site, including any and all intellectual property rights. We (or the respective third-party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Targeted Victory.

Privacy Protections

Targeted Victory’s Privacy Policy explains how we handle your personal information and protect your privacy when you use our Services. By using our Services, you agree that Targeted Victory can use such personal information in accordance with our Privacy Policy available at https://targetedvictory.com/privacy-policy/.

About Software in our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

Third Party Content

For your convenience, certain hyperlinks may be provided on the Site and the Services that link to other websites or social media platforms which are not under the control of Targeted Victory (the “Linked Websites”). Targeted Victory does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. Targeted Victory disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of Linked Websites and any purchases of products or services from such Linked Websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against Targeted Victory arising from or based upon any use of Linked Websites. Targeted Victory is under no obligation to maintain any link on this Site and may remove a link at any time in its sole discretion for any reason whatsoever. We shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such web site. Targeted Victory is not responsible for the privacy practices of any other web sites.

Targeted Victory may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party organizations, products, or services on the Site. Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

You may not link to the Site without the express prior written consent of Targeted Victory. You agree that you will promptly remove any link to the Site upon request of Targeted Victory. In no event will you use any logo or trademark of Targeted Victory as a link “button”, or in any other manner, without Targeted Victory’s express prior written consent.

Mobile Requests

If you request to receive information to your mobile phone, you consent to receiving communication from Targeted Victory via your mobile device. This could include text or SMS messages. We do not charge for the SMS service (“SMS Service”). Please be aware that your carrier’s standard messaging data and other rates and fees applies as applicable to your service provider and plan. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator.

You are able to opt out from receiving SMS or text messages at any time by texting STOP or HELP.

By requesting information to your mobile phone, we may obtain the following information from you in connection with our SMS Service: your cell phone number, your carrier’s name, and the date, time and content of your messages, as well as other information that you provide. Please review our Privacy Policy for further information as to the type and use of data.

We have the right to change and/or terminate the SMS Service at any time, with or without cause or advance notice to you.

Submissions; Representations and Warranties

Any information, data, communications, or material of any type or nature that you submit to or post on the Site by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk and without any expectation of privacy. Targeted Victory does not own any Submissions provided via the Site. You are fully responsible for all Submissions, which must comply with these Terms of Service. You hereby agree that by submitting or posting such Submissions, you grant Targeted Victory a nonexclusive, unrestricted, irrevocable, worldwide, sublicensable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, display, edit, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any media known or hereinafter developed, such Submissions. You hereby represent and warrant: (a) that you have the full legal right to so use such Submissions; (b) the Submissions are not confidential or proprietary to any third party; and (c) you are not using Submissions in violation of any law, regulation, or contractual restriction.

Targeted Victory neither actively monitors general access to the Site or the Services, nor exercises editorial control over any Submissions. However, Targeted Victory does reserve the right to monitor such Submissions or other use at any time as it deems appropriate and to remove any Submissions or other materials that, in Targeted Victory’s sole discretion, may be illegal, may subject Targeted Victory to liability, may violate these Terms of Service, or are, in the sole discretion of Targeted Victory, inconsistent with Targeted Victory’s intended purpose for the Site or the Services.

You represent and warrant that: (a) all information, data, materials, or other content that you submit to or through the Site or the Services are and shall be true, accurate, complete, and suitable for the purpose which they are intended; and (b) your access to the Site and use of the Services shall comply with all applicable laws and regulations.

Use of the Site and Services

Targeted Victory reserves the right to do any of the following, at any time, without notice or liability: (a) terminate these Terms of Service; (b) refuse, restrict, suspend, discontinue, or terminate operation of or access to the Site or use of the Services, or any portion thereof; (c) modify or change the Site, the Services, or any portion thereof, and any applicable policies or terms; and (d) interrupt the operation of the Site, the Services, or any portion thereof, as necessary to perform maintenance, error correction, or make other changes.

In connection with your access to the Site and your use of the Services, you agree you will not (or allow or assist a third party to):

• violate any applicable local, state, national or international law or regulation;
• copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Site or the Services;
• access the Site for any unlawful, unauthorized, fraudulent or malicious purpose;
• access the Site or use the Services in a manner that could damage, disable, overburden, or impair any of Targeted Victory’s servers or networks or other users of Site or the Services;
• access the Site or use the Services in a manner that could interfere with any other party’s use and enjoyment of the Site or the Services; 
• gain unauthorized access to any accounts, systems, or networks through hacking, password mining or any other similar means;
• create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Targeted Victory representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• access systems, networks, data, or information not intended by Targeted Victory to be made accessible to a user;
• upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
• upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements) or that infringes any intellectual property or proprietary rights of any party;
• upload or transmit viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of the Site or the Services;
• upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
• delete or revise any material posted by any other person or entity;
• probe, scan, test the vulnerability of or breach the authentication measures of, this Site or any related networks or systems without the express written consent of Targeted Victory;
• register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for Services if you are not expressly authorized by such party to do so; 
• harvest or otherwise collect information about others, including e-mail addresses
• use any robot, spider, scraper, or other automated or manual means to access this Site, or copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, access, store, or republish any Content or information on this Site; or
• access the Site or use the Services in a manner other than for their intended purpose.

Targeted Victory reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms of Service, including, without limitation, the suspension or termination of your access and/or account. Targeted Victory may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Targeted Victory reserves the right at all times to disclose any information as Targeted Victory deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Targeted Victory’s sole discretion. You also agree to reimburse Targeted Victory for any damage, loss, cost, or expense Targeted Victory incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your access to the Site or use of the Services for any unlawful or prohibited purpose.

No Editorial Control of Third Party Content

To the extent that any of the content or material included in the Site is provided by third party content providers, Targeted Victory has no editorial control or responsibility over such content or material. Therefore, any opinions, statements, products, services or other information expressed or made available by third party (e.g., bloggers, suppliers, clients, Site users, etc.) are theirs alone, not opinions of Targeted Victory. Targeted Victory does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the content or material displayed on this Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Targeted Victory. You acknowledge that by providing you with the ability to view and distribute content and material through our Site, Targeted Victory is not undertaking any obligation or liability relating to the content.

Registration Data; Account Security

If you open an account on this Site that will provide you with access to password-protected portions of this Site and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and username. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify Targeted Victory of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Targeted Victory will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Targeted Victory or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. We reserve the right to suspend or terminate your account for any reason without notice.

Indemnification

You agree to indemnify and hold harmless Targeted Victory and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages, liabilities, claims, demands and costs, including reasonable attorneys’ fees, in connection with, arising out of, or related to: (a) your access to the Site and your use of the Services; (b) any content, data, or information that you submit, post to, or transmit through the Site or Services; (c) your violation of any applicable law or regulation, or your violation of any rights of another, (d) any violation by you of these Terms of Service, any breach by you of your representations and warranties hereunder or your reliance on any errors or omissions in our Site. We reserve, and you grant to us, the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Service.

Disclaimers

TARGETED VICTORY MAY PERIODICALLY AMEND, CHANGE, ADD, DELETE, UPDATE, OR ALTER THE SYSTEM AND THE SERVICES WITHOUT NOTICE. TARGETED VICTORY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. FURTHER, TARGETED VICTORY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE OR THE SERVICES. TARGETED VICTORY SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SITE OR THE SERVICES. ADVICE RECEIVED VIA THE SITE OR ANY USER SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE SITE, THE CONTENT AND MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. TARGETED VICTORY AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SITE, CONTENT OR THE SERVICES ARE OR WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, SECURE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE IDENTIFIED OR CORRECTED, OR THAT THE SITE AND SERVICES ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES. WE MAKE NO WARRANTY THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE OR THE SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TARGETED VICTORY AND/OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES), ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE AND PRODUCTS OBTAINED THROUGH THE SITE OR THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TARGETED VICTORY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

WITHOUT LIMITING ANY OF THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, IF TARGETED VICTORY IS FOUND LIABLE TO YOU OR ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR THE SERVICES, TARGETED VICTORY’S CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS SHALL NOT EXCEED USD $100.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICES OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES.

Termination

Notwithstanding any of these Terms of Service, Targeted Victory reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.

General

These Terms of Service and any other terms by Targeted Victory which reference these Terms of Service (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to the Site and your use of the Services. You agree that you shall not contest the admissibility or enforceability of Targeted Victory’s copy of these Terms of Service in connection with any action or proceeding arising out of or relating to these Terms of Service. Except as expressly provided for herein, these Terms of Service do not confer any rights, remedies, or benefits upon any person or entity other than you and Targeted Victory. Targeted Victory may assign its rights and duties under these Terms of Service at any time to any third party without notice. You may not assign these Terms of Service without the express prior written consent of Targeted Victory. These Terms of Service shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. Any waiver of any provisions contained in these Terms of Service by Targeted Victory shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Service. Any rights not expressly granted herein are reserved. Neither these Terms of Service, nor your access to the Site or your use of the Services, create any partnership, joint venture, employment, or other agency relationship between Targeted Victory and you. You may not enter into any contract on our behalf or bind us in any way.

Copyright

Except as otherwise expressly stated, all Content appearing on this Site is the copyrighted work of Targeted Victory or its third party content suppliers and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Targeted Victory and is protected by U.S. and international copyright laws. All rights not expressly granted in these Terms of Services are expressly reserved.

Trademarks

Targeted Victory and any other product or service name or slogan contained in the Site are trademarks of Targeted Victory and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Targeted Victory or the applicable trademark holder. Along with your obligation to comply with all applicable laws, you may not use any metatags or any other “hidden text” utilizing Targeted Victory, or any other name, trademark or product or service name of Targeted Victory without our prior written permission. In addition, the domain name for this Site, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Targeted Victory and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Electronic Communications

When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Service.

Remedies

You agree that any violation, or threatened violation, by you of these Terms of Service constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Arbitration; Class Action Waiver; Governing Law, Claims Limitation

EXCEPT FOR DISPUTES, CLAIMS, OR CONTROVERSIES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SITE, THE SERVICES, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND TARGETED VICTORY (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY) WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF A COURT. YOU AND TARGETED VICTORY EACH WAIVE THE RIGHT TO SUE IN COURT AND TO HAVE A JURY TRIAL. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF USE WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

Prior to initiating the arbitration, the initiating party will give written notice to the other party of its claim, and the parties will have sixty (60) days to negotiate and attempt to resolve the dispute, after which time unresolved claims may proceed to arbitration in accordance with this section. The arbitration will be conducted in Fairfax County in the Commonwealth of Virginia before one arbitrator. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures then in effect. The arbitrator, and not any federal or state court, shall have exclusive authority to resolve any dispute, claim, or controversy arising out of or relating to the interpretation, applicability, arbitrability, enforceability, or formation of these Terms of Service. To the extent that the arbitrator deems reasonable, the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Arbitration proceedings will be conducted in English and in a manner that preserves confidentiality. Unless you and Targeted Victory agree otherwise, any decision or award will consist of a written statement stating the disposition of each claim and including a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator’s decision will follow the plain meaning of the relevant documents and will be final and binding and may be entered thereafter by any court of competent jurisdiction. The arbitrator shall not be empowered to award punitive or exemplary damages to any party, except where permitted by statute, and the parties waive any right to recover such damages. Nothing in this section shall prohibit the discovery or exchange of non-privileged information relevant to the dispute, claim, or controversy.

You and Targeted Victory will share the costs of arbitration equally with respect to JAMS fees; provided that each party will be solely responsible for its own attorneys’ fees and costs. Notwithstanding the foregoing, if you are an individual consumer, as defined by JAMS, then you will have the right to an in-person arbitration hearing in your hometown area, and Targeted Victory will be responsible for 100% of the costs and fees of the arbitration charged by JAMS after you pay a filing fee similar to the fee for filing a lawsuit in court (but each party will be solely responsible for its own attorneys’ fees and costs).

Notwithstanding the foregoing, nothing in these Terms of Service will preclude Targeted Victory from seeking any injunctive relief or other provisional remedy in a court of law. You agree to exclusive jurisdiction of the state and federal courts located in Fairfax County in the Commonwealth of Virginia for such claims, and you expressly consent to personal jurisdiction there and waive any claims that venue is improper for any reason in these courts.

These Terms of Service shall be governed by and construed under the laws of the State of Virginia, without regard to conflicts of laws, principles, or rules, and regardless of your location. Any dispute, claim, controversy, or other legal action brought by you that arises out of or relates to these Terms of Service or your access to and use of the Site or the Services must be commenced within one year after the cause of action arises.

Questions & Contact Information

Targeted Victory welcomes any comments or questions you may have regarding these Terms of Service, the Site, and/or the Services. Please contact us with your comments or questions at [email protected].