Terms & Conditions
Last updated January 19, 2022
This is a legal agreement between you and Plan B Capital, an Alaskan sole proprietorship, (“Plan B”), which may be contacted at 3705 Arctic Blvd, #2532, Anchorage, Alaska 99503 (referred to as “we,” “us,” or “our” in these terms and conditions). By accessing this website, and any sub-sites of this website (together, the “Site”), and/or using any of the Services (as defined below) accessible though the Site, you become a user and agree to, and are bound by, the terms and conditions of this agreement and the our Privacy Policy (collectively, “Terms”) for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms either will be listed in the Terms or will be presented to you for your acceptance when you sign up to use such Services or purchase such products.
These Terms state that any disputes between you and us must be resolved in binding arbitration, that you waive the right to participate in any class action, and that the laws of the state of Alaska apply to all interactions between you and us. You may opt out of arbitration and the class action waiver by following the procedures below in Section 10.g.
We match qualified small business owners with active lending sources. Through our matching process, we help business owners identify the business loan category and specific lender(s) that offer the best opportunity for that business owner to prepare for and acquire financial services. Once prepared, small business owners are then introduced to what we believe to be the most appropriate lending source(s) we represent.
Changes to these Terms. Please check these Terms periodically for changes because we reserve the right, in our sole discretion, to change, modify, add, or remove portions of these Terms. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. Please see the top of these Terms to determine when the Terms were last revised.
Content. All text, graphics, user interfaces, visual interfaces, photographs, trademarks (whether registered or not), logos, sounds, artwork of any kind, and computer code contained on the Site (collectively, “Content”)— including but not limited to the design, structure, coordination, selection, appearance, and arrangement of the Content— is either owned by us and protected by trade dress, copyright, trademark, and other property laws and unfair competition laws or is being used by permission of its owner. Any misuse of the Content will be at your peril, and we will do all that is lawful to enforce and protect the Content.
1. DEFINED TERMS
As used in these Terms, the meaning of this word is as follows: “Service” includes all the products, services, and software that you order, receive, or access as part of our service.
2. USE OF SITE AND SERVICE
As a user of the Site or a user registered to use any of the Service (a “Registered User”), you agree to the following:
a. Exclusive Use. Your account is to be used only by you and only for your business needs. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third-party access to your account that results from theft or misappropriation of user names or passwords.
b. Information Submitted. You are solely responsible for, and assume all liability regarding: (i) the information and content you provide through your use of the Site and any Service, (ii) the information and content you make available in any manner through the Service, and (iii) your interaction with any and all third parties.
c. Risk Assumption and Precautions. You assume all risk when using the Service, including but not limited to all of the risks associated with any interactions with third parties including but not limited to any lenders to which you are matched, referred, or provided.
d. No Guarantees. We may not be able to provide matches for every user seeking to use our Service. Further, we make no guarantees as to the number of matches or the suitability of the business funding for any user.
e. No False Information. You agree to provide accurate, true, current, and complete information. We in turn will materially rely on that information when matching you with candidate lenders.
f. Legal Purpose. You agree not to use the Site or Service for any illegal purpose. You will use the Site or Service only in accordance with applicable federal, state, and local laws.
g. Business Purpose. You agree to use the Site or Service only for a bona fide business purpose. You agree not to use the Site or Service for personal, family, or household purposes. You may not use the Site or Service to obtain information about or make decisions about anyone but yourself and/or your business.
3. PROPRIETARY RIGHTS
a. Ownership of Proprietary Information. You hereby acknowledge and agree that we are the owner of all rights in and to the Site and Service. Federal, state, and local laws and regulations protect these proprietary rights. You are permitted to use the Site and Service only as expressly authorized by these Terms. You may not copy, reproduce, distribute, create derivative works, reverse engineer, or reverse compile any of the Site or Service or technology.
b. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any: (i) confidential information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Site or Service, without first obtaining the prior written consent of the owner of such proprietary rights.
c. License to Provided Content. By providing information or content to any account or public area of the Site or Service, you automatically grant, and you represent and warrant, that you have the right to grant to us and our users an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display, distribute such information and content, to prepare derivative works of or incorporate into other works such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test, or implement new features or services on the Site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or services.
4. USER INFORMATION
a. Privacy Policy. For information about the collection and possible use of information and material provided by you, please visit our Privacy Policy located on the Site. By using the Site or Service, you are consenting to the terms of our Privacy Policy.
b. Disclosure by Law. You acknowledge and agree that we may disclose information you provide when: required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable: (i) to comply with the law, with requests or orders from law enforcement, or with any legal process (whether or not such disclosure is required by applicable law), or (ii) to protect or defend our or a third party’s rights or property.
c. Information Security. We work hard to protect us and our users from unauthorized access to or unauthorized alteration, disclosure, or destruction of information we hold. In particular:
We encrypt many of our services using SSL.
We review our information collection, storage, and processing practices, including physical security measures, to guard against unauthorized access to systems.
We restrict access to personal information to our employees, contractors, and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and who may be disciplined or terminated should they fail to meet these obligations.
d. Use of Anonymous Information for Research. By using the Site and/or Service, you agree to allow us to anonymously use information from you and your experiences through the Service to continue our research into successful business practices and to improve the Service.
e. License Regarding Your Content. You retain all ownership interest in and to the content you provide to the Site or as part of your use of the Service. However, by submitting your content, including your personal and business information, you hereby grant to us a perpetual, non-exclusive, irrevocable, royalty-free license to reproduce, adapt, edit, modify, translate, publish, transfer, and/or distribute any of your content. This license specifically includes the right for us to make such content available to other trusted companies, organizations, and/or individuals with whom we have a business relationship in order to carry out the performance of the Service. As part of our performance of the Services, we may transmit or distribute your information over various public networks and in various forms and make necessary changes to your content in order to perform our obligations.
5. SERVICES
We offer a free service to assist you with your business needs. As explained above, we match you with various potential lenders and loan products to meet your business needs. As part of the Service, we request various items of information and you provide various items of information to be used in order to provide the matches for your business needs from among our book of financial service providers.
6. LINKS TO THIRD-PARTY WEBSITES AND DEALINGS WITH ADVERTISERS AND SPONSORS
The Site and Service may contain links to websites of third parties, including without limitation advertisers which are not under our control. We are not responsible for the content of any linked site, any link contained in a linked site, or any changes or updates to such websites. We provide these links to you as a convenience, and the inclusion of any link does not imply that we endorse or accept any responsibility for the content on said websites. Your correspondence, business dealings with, or participation in promotions of advertisers or third parties found on or through the Site or Service are solely between you and such advertiser or third party. You agree we will not be responsible or liable for any loss or damage of any sort incurred as the result of the presence of such advertisers on the Site or Service. Please visit our Privacy Policy to learn more about how we use your information.
7. DISCLAIMER OF WARRANTY
a. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OF NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.
b. Third-Party Content. Opinions, advice, statements, offers, or other information or content made available through the Site or Service, but not directly by us, are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for said content. WE DO NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICE OR (ii) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN OURSELVES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICE, OR TRANSMITTED TO OR BY ANY USER.
c. Beta Features. From time to time, we may offer new “beta” features or tools with which its users may experiment on the Site or Service. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and they may be modified or discontinued at our sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
8. LIMITATION OF LIABILITY
a. Incidental Damages and Aggregate Liability. IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS, AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS TERMS OR THE USE OF THE SERVICES OR SITE, EXCEED THE PRICE PAID BY YOU FOR AN ACCOUNT OR SUBSCRIPTION WITH US OR, IF YOU HAVE NOT PAID US FOR THE USE OF ANY SERVICES, THE AMOUNT OF TWENTY-FIVE DOLLARS AND NO/100 ($25.00) OR ITS EQUIVALENT.
b. No Liability for Non-Plan B Capital Actions. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE.
c. Information Verification. We and our contractors may use various methods of verifying information that users have provided. However, none of those ways are perfect, and you agree that we and our contractors will have no liability to you arising from any incorrectly verified information.
9. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless us, our officers, directors, owners, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of: (i) your use of or inability to use the Site or Service, (ii) any user postings made by you, (iii) your violation of any terms of these Terms or your violation of any rights of a third-party, or (iv) your violation of any applicable laws, rules, or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
10. DISPUTE RESOLUTION BY BINDING ARBITRATION; CLASS ACTION WAIVER
In the interest of resolving disputes between you and us in the most expedient and cost-effective manner, you and us agree to resolve disputes through binding arbitration instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, condenses discovery, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.
YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, WE AND YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
a. Claims To Be Resolved By Binding Arbitration. We and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (i) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) claims that arose before this or any prior Terms; (iii) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (iv) claims that may arise after the termination of these Terms.
b. Exceptions. Notwithstanding Section 10(a), we and you agree that no statement herein shall be deemed to waive, preclude, or otherwise limit either party’s right: (i) to pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (ii) to seek injunctive relief in any competent court of law; or (iii) to file suit in a court of law to address intellectual property infringement claims.
c. Arbitrator. Any arbitration between you and us will be governed by the Commercial Dispute Resolution Procedures (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879.
d. Notice and Process. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be addressed to: Plan B Capital, 3705 Arctic Blvd, #2532, Anchorage, AK 99503 (“Notice Address”). The Notice must describe the nature and basis of the claim or dispute; and set forth the specific relief sought (“Demand”). If we and you do not reach an agreement to resolve the claim within 30 days after Notice is received, you or we may commence an arbitration proceeding.
e. Fees. In the event you commence arbitration in accordance with these Terms, we will, at your request, reimburse you for your payment of the arbitration filing fee, unless your claim is for greater than Ten Thousand Dollars ($10,000.00), in which case the payment of any fees shall be decided by the AAA Rules. Any request for payment of fees by us will be submitted by mail to the AAA along with your Demand for Arbitration, and we will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you agree to reimburse us for all fees associated with the arbitration paid by us on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
If your claim is for said claim amount or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator either through a non-appearance based telephonic hearing or by an in-person hearing as established by the AAA Rules.
Any in-person arbitration hearings will take place at a location to be agreed upon in Anchorage, Alaska. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding as well as upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
f. No Class Actions. Unless both we and you agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
WE AND YOU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
g. Opt-Out. If you are a new Site user, you can choose to reject the arbitration agreement contained in this Section 10 (“opt-out”) by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to the Notice Address listed in Section 10(d), above.
The Opt-Out Notice must contain your name, address (including street address, city, state and zip code), and the user name(s) and email address(es) associated with the Plan B Capital account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Terms will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
h. Modifications. If we make any future change to this Agreement to Arbitrate (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Notice Address provided above. You acknowledge and agree that, in the event you reject any future change, your account with us shall be immediately terminated and you will arbitrate any dispute between us in accordance with the language of this provision.
i. Severability and Enforceability. If an arbitrator or court decides that any part of this Section 10 is invalid or unenforceable, the other parts of this Section 10 shall still apply. If the entirety of this Section 10 is found to be unenforceable, then the parties agree that the exclusive jurisdiction and venue described in Section 15 shall govern any action arising out of or related to these Terms, and that the remainder of the Terms will continue to apply.
11. TELEPHONE COMMUNICATIONS AND AGREEMENT TO BE CONTACTED
a. Call Recording and Monitoring. You acknowledge that telephone calls to or from us, together with our agents and affiliates, may be monitored and recorded and you agree to such monitoring and recording.
b. Providing Telephone Numbers and Other Contact Information. You verify that any contact information provided to us, including but not limited to your name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or terminate your account at any time. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by replying STOP to any text message you may receive from us, by calling us at (907) 206-2512, or notifying us in writing by sending such notification via email to info@planBcapital.biz.
c. Your Consent to Receive Automated Calls/Texts. You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive artificial voices, prerecorded voice messages, and/or autodialed calls and text messages (such as SMS, MMS, or successor protocols or technologies) from us, and third parties acting on our behalf, related to promotions, your account, any application or transaction, and/or your relationship with us. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that we may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you or your representative at any time or obtained through other lawful means,such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from us, even if you cancel your account or terminate your relationship with us, except if you opt-out (see below). You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services or account creation. If you do not consent, you may call us at (907) 206-2512 or via email to info@planBcapital.biz to further inquire about our products and services. To opt-out, please see the Opt-Out Instructions below.
d. Opt-Out Instructions. Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, reply STOP to any text message you receive from us. You acknowledge and agree to accept a final text message confirming your opt-out. We may use different shortcodes for different messaging purposes, so texting STOP to one shortcode will not effectuate a stop request for all shortcodes to which you are subscribed. If you would like to stop messages from multiple shortcodes, reply STOP to each shortcode to which you would like to unsubscribe. Alternatively, you may email info@planBcapital.biz advising that you want to opt out of text messages and specifying the phone number(s) for which that opt-out should apply.
To opt-out of automated voice calls (not text messages), you must: (i) provide us with written notice revoking your consent to receiving automated calls; (ii) in that written notice, you must include your full name, mailing address, account number, and the specific phone number(s) for which you wish to stop automated calls; and (iii) send this written notice to info@planBcapital.biz.
It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that, if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you. It is possible that third parties may have your contact information and you may continue to receive communications from these third parties despite an opt out request. We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of your communication preferences.
e. Fees and Charges. There is no fee to receive automated telephone calls or text messages from us. However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Message and data rates may apply. Check your telephone plan and contact your carrier for details. You represent and warrant you are authorized to incur such charges and acknowledge that we are not responsible for such charges.
f. Unauthorized Use of Your Telephone Device. You must notify us immediately of any breach of security or unauthorized use of your telephone device. Although we will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.
g. Your Indemnification to Us. You agree to indemnify us for any privacy, tort, or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify, defend, and hold us harmless from and against any and all such claims, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees). We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.
h. Release of Claims. In consideration of the Service provided by us, you hereby release us from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities, or other harms resulting from or relating to telephone calls or text messages including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).
i. General. You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may be available only with select carriers with compatible handsets. Your obligations under this Section will survive termination of these Terms of Service.
12. TERM AND TERMINATION
This agreement will become effective upon your acceptance of the Terms by your use of the Site or Service and will remain in effect in perpetuity unless terminated hereunder. Either you or we may terminate your account at any time, for any reason or no reason, without explanation, effective upon written notice to the other party. We reserve the right to immediately suspend or terminate your access to any of the Service, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Service and any other records at any time at our sole discretion. In the event your access to any of the Service is suspended due to a breach of the Terms, you agree all fees then paid to us by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section under “Cancellations” below.
13. GENERAL PROVISIONS
a. Controlling Law and Jurisdiction. You agree that Alaska law (without giving effect to its conflicts of law principles) will govern these Terms, the Site, and the Service and that any dispute arising out of or relating to these Terms, the Site, or the Service will be subject to the exclusive jurisdiction and venue of the federal and state courts in the Borough of Anchorage, Alaska. You acknowledge and agree that any violation of these Terms may cause us irreparable harm, and therefore agree that we will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions, and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms.
b. Miscellaneous. These Terms, which you accept upon use of the Service, the Privacy Policy located on the Site, and any applicable payment, renewal, and additional services terms comprise the entire agreement between you and us regarding the use of this Service, superseding any prior agreements between you and us related to your use of the Site or Service (including but not limited to any prior versions of this Terms document).
The FAQ’s found on the Site are for informational purposes only and are not deemed to be part of these Terms.
Unless otherwise explicitly stated, the Terms will survive termination of your registration to the Service. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is held invalid, the remainder of the Terms will continue in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
c. Securities Statements. WE MAKE NO REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES OF ANY KIND AS TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY PRICE QUOTES, NOR DO WE MAKE ANY REPRESENTATIONS, WARRANTIES, OR OTHER GUARANTEES OF ANY KIND AS TO THE PRESENT OR FUTURE VALUE OR SUITABILITY OF ANY SALE, TRADE, OR OTHER TRANSACTION INVOLVING ANY PARTICULAR FINANCIAL TRANSACTION OR ANY OTHER TRANSACTION OF ANY KIND. You understand we are an independent sales organization (ISO) and thus are not a broker or dealer in financial products, or an investment or financial advisor. You are solely responsible for your financial research. Prior to undertaking any financial transaction, you should consult a broker or other financial advisor with respect to the price, suitability, value, or other aspects of any such transaction.