TreasureLives’ Liability & Dispute Resolution Policies
Welcome to the TreasureLives family! Thank you visiting our website, blog, and social media forums, as well as for purchasing our products, services, and subscription services (all hereafter referred to as “Services.”) These Terms & Conditions apply to your engagement with TreasureLives’ Services. By engaging in our Services in any manner, you are agreeing to the following Terms & Conditions. Please read them carefully. They contain important information about your rights and obligations, as well as limitations and exclusions that may apply to you. These terms include an arbitration agreement that waives your right to a jury trial, a class action waiver, a choice of law provision, and a forum selection clause.
TreasureLives’ Limitations of Liability
Unless forbidden by law in a particular instance, you agree as follows: (1) TreasureLives’ maximum liability to you under any theory (including but not limited to fraud, misrepresentation, breach of contract, personal injury, or products liability) is limited to an amount equal to the portion of the charges to you for the services relating to the period of service during which such damages occur. (2) You cannot recover punitive damages, treble, consequential, indirect, or special damages, or attorney’s fees. (3) You agree not to make, and to waive to the fullest extent allowed by law, any claim for damages (this includes anyone making a claim on your behalf, and to any claims made by your family or others arising out of or relating to your TreasureLives Service.) *Some states do not allow an exclusion or limitation of incidental or consequential damages or certain other damages, so some of the limitations above may not apply to you.
Under no circumstance will TreasureLives, our affiliates, suppliers, or any third party provider be liable, whether under contract, tort, or any other basis, for any direct, indirect, incidental, special, or consequential damages arising from or in connection with the use of our Services. *To the extent that some jurisdictions do not allow the exclusion of implied warranties or the limitation of legal rights of the consumer, it is possible that these exclusions and limitations may not apply in some jurisdictions.
TreasureLives’ Dispute Resolution Policy
If you have a disagreement related to a TreasureLives Service or the validity of these Terms & Conditions, we will attempt to resolve the situation by communicating directly with you. If we fail to reach a resolution, you agree to use confidential binding arbitration, not a lawsuit, to resolve the dispute. You agree that any controversy or claim regarding TreasureLives will be settled by one neutral arbitrator before the American Arbitration Association (AAA.) Please be advised that there is no judge or jury in arbitration. Nevertheless, you are entitled to a fair hearing and the arbitrator’s decisions are as enforceable as any court order.
Arbitration shall be subject to the Federal Arbitration Act and not any one state’s arbitration law. The arbitration will be governed by the AAA’s arbitration rules (collectively “Rules & Procedures”). You agree that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules & Procedures or at such other location as is be mutually agreed upon by you and TreasureLives; (b) any claim brought by you must be filed in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding; (c) the arbitrator may not consolidate more than one person’s claim and may not otherwise preside over any form of a representative or class proceeding; (d) the arbitrator shall honor claims of privilege and privacy recognized by law; and (e) a decision by the arbitrator (including any finding of fact and/or conclusion of law) against TreasureLives shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against TreasureLives in arbitration involving any other person/customer.
With the exception of subparts (b) and (c) in the paragraph above (prohibiting arbitration on a class or collective basis,) if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules & Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained in these Terms & Conditions. If, however, either subpart (b) or (c) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and you shall not be bound to arbitration as the sole means of dispute resolution.
In the event that this agreement to arbitrate is held unenforceable, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and TreasureLives shall be exclusively brought in the state or federal courts located in San Diego County, California. Furthermore, in the event either you or TreasureLives brings an action in a court seeking provisional interim equitable relief pending resolution of arbitration, such provisional interim relief must be exclusively sought in the state or federal courts located in San Diego County, California.
*For additional information regarding the AAA, its Rules & Procedures, and how to file an arbitration claim, you may call AAA at (800) 778-7879, write the AAA at 1633 Broadway, 10th Floor, New York, New York 10019, or visit the AAA website at http://www.adr.org.
To the fullest extent permitted by law, and except as explicitly provided otherwise, this agreement and any disputes arising out of or relating to it will be governed by the laws of the state of California, in accordance with the Federal Arbitration Act, without regard to its conflict of law principles, and by any applicable tariffs, wherever filed.
Keeping customer information private is a priority for TreasureLives. To enable us to provide you with goods and services, we need to collect certain information from you including personal information. It is sometimes necessary to share personal information with others to provide our goods and services to you. However, we want to emphasize that we are committed to maintaining the privacy of this information in accordance with the law. All individuals with access to personal information about our customers are required to follow this policy.
TreasureLives is providing you this privacy notice to inform you of what personal information we collect about you and how we treat that information. Its purpose is to answer questions you may have regarding our treatment of your personal information and to reassure you of our dedication to keeping your personal information safe and secure.
Information Collected By TreasureLives
TreasureLives collects non-public personal information from the following sources:
Information we receive from you on applications or other forms (such as your name, address, email address, phone number, and payment instructions)
Information you may provide during visits to our website including IP address and cookies.
Information about your transactions, interactions or communications with us or with companies that assist us in the servicing or administration of the product or service you have requested or authorized.
Information Shared By TreasureLives
TreasureLives does not disclose any non-public personal information about our customers or former customers to any non-affiliated entity except as described below and otherwise permitted or required by law. We may disclose all of the information we collect, as described above, to entities that assist us in the servicing or administration of the product or service you have requested or authorized.
When information is shared with entities that perform services on our behalf, we protect against the subsequent disclosure of that information with a confidentiality agreement and/or other protective measures.
In no event do we disclose your personal information to companies that will use that information to contact you about their own products or services.
TreasureLives’ Security Procedures
TreasureLives restricts access to non-public personal information about you to only those entities which need such information to provide our products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your non-public personal information. We keep information for as long as is necessary for our business purposes and will dispose of all information in appropriate ways according to law and our company practices.
If you have any questions about this notice, please e-mail us at email@example.com or call (760) 298-3144.
*This Notice has been provided to you by TreasureLives in compliance with applicable state and federal laws including the Financial Services Modernization Act of 1999, U.S. Pub. L. 106-102, 113 U.S. Stat. 1338, for informational purposes only. No action is required by you.