1. INTRODUCTION
Welcome to www.jennynicolina.com (the “Website“, the Company”, “we”, us” or “our).

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE
AND THE TERMS OF SERVICES BEFORE PURCHASING OR UTILIZING ANY
PROVIDED PRODUCTS AND SERVICES CAREFULLY.
All these Terms (‘Terms & Conditions”).
By visiting and using the Website, purchasing or utilizing any products and
services you are deemed to have agreed to these Terms & Conditions.
We reserve the right to adapt them at any time without further notice.
You are strongly advice to review these Terms & Conditions periodically for changes.
By using this site after we post any changes to these Terms and Conditions, you agree
to accept those changes, whether or not you have reviewed them.

When you use any of our current or future services, you will be subject to our guidelines,
terms, conditions, and agreements applicable to those services written in the
Terms of Services. The version of these Terms of Services that were posted at the time of purchase or utilization apply.
If you do not agree to any of the terms contained herein, then please do not use or access the Website.
All Terms of Conditions include our Privacy Policy.
Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices.
 

2. ACCESS CONTENT
Every user who voluntary signs up for more information or who purchases a service or a
program through the Website, is agreeing to:
1. The Terms of Use.
2. Terms of Services.
3. The Privacy policy.

Our Terms of Use and Terms of Services (together “Terms”) govern all use of our
Service and together with the Privacy Policy constitute your agreement with us
(“Agreement”). These Terms and the Privacy Policy form the Agreement.

Visitors are those who visit the Website but do not register.
They don’t login or fill in any personal information, but they can view all publicly
available Website content.
Registered Users can access all publicly available content on the Website, they can gain
access to exclusive Website content upon registration for an e-newsletter, service or
program. We are not under no obligation to accept any individual as a Registered User
and may accept or reject any registration at its sole discretion.

If determined that a Registered User has violated any Terms of Use, or the Terms &
Conditions of a particular service or program, in addition, we reserve the right to
deactivate any account at any time, including, without limitation, removing or edit
content, or cancel orders at our sole and complete discretion.
 

3. PARENTAL PERMISSION/MINIMUM AGE REQUIREMENT
Hereby we require all users of the Website to be at least 13 years old and all purchasers
of our products and services to be over 18. You agree to abide by any such restrictions,
and not to help anyone avoid these restrictions.
If you are under 13, you agree to immediately stop accessing the Website.
If you are accessing the Website, you represent that you are at least 13 years of age.
If you are purchasing any of our products or services, you represent that you are at least 18 years of age.
We may sell products for children, but we sell them only to adults who can purchase with a permitted payment method. We reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders at our sole discretion.
We will not knowingly collect personally identifiable information from persons under 18. 
WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR
CHILDREN’S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES
AND USE THEIR BROWSERS PARENTAL CONTROLS TO LIMIT THE AREAS OF
THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
 

4. INTELLECTUAL PROPERTY /RESTRICTIONS ON USE/ LIMITED LICENSE;
All the content contained on the Website (collectively, “Content“), such as text, graphics, logos, images, courses, video and audio clips, software, and any other material including the compilation of the Content and the design on the Website is our exclusive property protected by international copyright laws and trademark laws, treaties and conventions.
The software used on the Website is our property or the property of our software suppliers and is also protected by international copyright laws, treaties and conventions.
We reserve the right, the title, interest, and the intellectual property of all Content.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts, and trade names (each, a “Mark“) contained on the Website are proprietary to us or our licensors or licensees.
Our Content nor our Marks or from others on the Website may be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or disparages or discredits anyone else.
You are granted a limited license to access and use the Content of the Website.
Unless we indicate you may access some material located within the Website for your personal use only.
This means you are allowed to download one copy of the Content that we make
available to you for such purposes on a single computer for your personal, noncommercial home use only.

As long you:
a. don’t modify any content
b. neither change nor delete any author attribution, trademark, legend, or copyright notice.
c. do not use any Content in a manner that suggests an association with any of our

products, services or brands;
When you download copyrighted material you do not obtain any ownership rights in that
material.
It is strictly prohibit to copy, duplicate, reproduce, download, upload, (re)publish, post, transmit, distribute, sell, resell, license, sub-license, or create any derivative work of any of our Content nor exploit this for commercial purposes.
You are also forbidden to post any part of the Content in any form (digital format or print) on social media pages, other websites or networked computers.
By accessing and using the Website you agree also not to use the Website for illegal purposes, you will use it in compliance with all applicable laws and regulations.
You agree to not attempt any unauthorized access at any part of the Website.
You agree not to use the Website in such a way that may cause damage, interruption or make it less efficient.
 

Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the Website.
You must abide by all additional copyright notices or other restrictions contained in any of the Website(s).

5. USE AND PROTECTION OF ID AND PASSWORD
We will assign an account ID and a password to you so you can access and use certain areas of the Website. Each user who makes use of the assigned ID shall be deemed to be authorized by you to access and use the Website, and we won’t have any obligation to investigate the authorization or source of any such access or use.
YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN US AND YOU, YOU WILL
BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE WEBSITE BY
ANYONE USING THE ASSIGNED ID AND PASSWORD TO YOU WHETHER OR NOT
SUCH ACCESS TO AND USE OF THE WEBSITE IS ACTUALLY AUTHORIZED BY
YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL
OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES
THROUGH THE WEBSITE) THAT MAY RESULT FROM SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the ID and password assigned to you.
You shall immediately notify us of any unauthorized use of the assigned ID or password, or any other breach or threatened breach of the Website’s security of which you are aware.
You will be responsible for any activity conducted under your assigned ID or password.
 

6. ELECTRONIC COMMUNICATIONS
When you visit the Website 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 the Website.
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.

7. SUBMISSIONS & USER-GENERATED CONTENT
There may be areas of the Website that is allowed for the posting of reviews, comments,
photographs, and other content. (“User Generated- Content”)
As long as you agree not to perform the following actions during the submission:
  1. Use a false e-mail address;
  2. Transmit or make any content accessible that is false, harmful, threatening, abusive, tortious, defamatory, 

      libelous, disparaging (including disparaging of the Website), vulgar, obscene, pornographic, or that promotes

      violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole

      discretion);
  3. Transmit or make any content obtainable that is infringes or unlawful, violates or misappropriates any patent,

      trademark, trade identity right, trade secret, publicity right, privacy right, copyright, or any other intellectual

      property or any other rights of any third party;
  4. Upload or transmit software viruses or other harmful, disruptive, or destructive files or post material that

      interferes with any third party’s uninterrupted use and enjoyment of the Website.
  5. Harass, stalk, or otherwise abuse another user (include us);
  6. Impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the

      Website or to us, including forging any TCP/IP packet header or any part of the header information in any

      transmission to the Website for any reason;
  7. Transmit or otherwise make available through the Website any political campaigning, commercial solicitation,

      personal advertising, pyramid schemes, junk mail, mass mailing, or any form of spam, chain letters or;
  8. violate any applicable local, state, federal, or international law, rule or regulation.
 

We reserve the right to remove or edit any content as described above, but we do not regularly review posted content.
Please do not send us any material that you do not intend to be subject to the User-Generated Content License described in this paragraph.
All content described in this paragraph and any and all other information, content, or materials that you post or send to us hereinafter collectively is referred to as “User-Generated Content. Once you submit User- Generated content on the Website intentionally or unintentionally you agreed upon that it will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created
between you and us.
To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by us, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.
You agree that we shall have unrestricted rights to use the Content for any and all purposes whatsoever, commercial or otherwise, without any further permission from or any payment to you or anyone else. This includes rights to use the name that you submit, along with any other name by which you are known, in connection with the User-Generated Content.
You represent and agree that you own, have full rights to, or otherwise control all User-Generated Content that you submit or send to us, that such User-Generated Content is accurate and truthful and does not violate these Terms of Use, or our Privacy Policy.
You agree to indemnify us and our affiliates and designees from and against any and all claims arising out of, resulting from, or relating to any such User-Generated Content.
We have the right, but not the obligation, to review and remove any activity or content
involving you or your account. We assume no responsibility and have no liability for any
User -Generated Content created or posted by you or anyone else.
Each time that you access the Website, or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.

8. LINKS
You should be aware that when you use the site you can be directed to third-party websites that we are linked to. Our Terms & Conditions and Privacy Policy are only applicable on the Website.
You acknowledge that we are not responsible for the availability of any other external site to which this Website may links. We do not endorse or take responsibility for the contents, advertising, products, or other materials made available through any other site.
Under no circumstances will we be held responsible or liable, directly or indirectly, for the content (including misrepresentative or defamatory content) of any third-party websites, nor for any damage, loss, or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources, including those of affiliates, joint-venture partners, or others to whom we might provide links from time to time.
You should direct any concerns to that site administrator or webmaster.
We reserve the right to disable links from or to third-party sites, although we are under no obligation to do so.
Permission must be granted by us for any other type of link to the Website. To seek our permission, you may contact us through the Website. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link and to require termination of any such link on this Website, at our discretion at any time.

9. SYSTEM AND DEVICES.
You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to us.
 

10. CHANGES ON THE WEBSITE

We reserve the right to change or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice to you. You agree that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension, or withdrawal of all or part of the Website.

11. INDEMNIFICATION
You hereby agree to indemnify, defend and hold us (including our licensors, licensees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you. You shall not settle any third-party claim or waive any defense without our prior written consent.

 

12. DISCLAIMER OF WARRANTIES – WAIVER AND RELEASE.
YOU AGREE THAT ACCESSING TO AND USE OF THE WEBSITE IN ANY FORM IS AT YOUR OWN RISK.
THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS” OR WITH “ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE, OR THE RESULTS OF USE, OF ANY CONTENT, PRODUCT, OR SERVICE CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITE OR SERVICE LINKED TO FROM THE WEBSITE (AND SPECIFICALLY NO REPRESENTATION OR WARRANTY OF CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY OR SAFETY).
WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR AVAILABILITY OF INFORMATION, CONTENT, AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE WEBSITE.

WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD-PARTY WEBSITE THAT LINKS TO OR FROM THE WEBSITE OR THIRD-PARTY INFORMATION, CONTENT, OR MATERIALS CONTAINED ON OUR WEBSITE. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS, OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT, OR MATERIALS CONTAINED ON ANY THIRD-PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT, OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT, AND MATERIALS CONTAINED ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT), ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT, AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION).
WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.
THE WEBSITE AND PRODUCTS/SERVICES CONTAINED THEREON ARE NOT SUBSTITUTES FOR THE ADVICE AND TREATMENT OF A LICENSED PROFESSIONAL. NOT ALL PRODUCTS AND SERVICES ARE SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS/SERVICES DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LICENSED PSYCHOLOGIST, PHYSICIAN, OR OTHER HEALTH PROFESSIONAL. NEVER DISREGARD THE MEDICAL ADVICE OF A PSYCHOLOGIST, PHYSICIAN, OR OTHER HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION
AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

13. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
APPLICABLE LAW MAY NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

14. COPYRIGHT COMPLAINTS
We respect the intellectual property rights of others. If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, you can contact us through the Website.
 

15. AMENDMENT

We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any change to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use.

16. TERMINATION
These Terms of Use are effective until terminated by either you or us.
You may terminate these Terms of Use prospectively at any time by discontinuing your access to and use of the Website and destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise.
If you terminate these Terms of Use, you shall notify us by sending notice of such termination by certified Curaçao mail, postage pre-paid to us.
We may terminate these Terms of Use (including your access to and use of the Website) without cause and without notice to you, in our sole discretion. Upon termination, you must cease any access to or use of the Website and destroy all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.
The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, shall survive such termination.

17. COMPLIANCE WITH APPLICABLE LAW
The Website is based in Curaçao. You are solely responsible for ensuring compliance with all applicable laws of your specific jurisdiction.

18. APPLICABLE LAW
This Agreement and any action related thereto will be governed by the laws of Curaçao.
 

19. DISPUTE RESOLUTION & BINDING ARBITRATION
In the event you have a complaint, dispute, or controversy arising under or relating to this Agreement, the Content or the Website (each a “Dispute”), you agree to first contact us to attempt to resolve the dispute or controversy informally.
If the matter cannot be resolved, the parties will submit the matter to mediation.
We agree that any claim we may have against you will also be subject to mediation provision. (exception see indemnification)
The mediation shall be conducted by a mutually selected, qualified neutral, third-party attorney/mediator, which mediation may occur, online (via webcams), telephonically, or in-person and shall be scheduled within 30 days of either party providing the other with a request to mediate.
Should mediation fail to resolve the dispute, either party may request that the dispute be resolved by confidential, binding arbitration governed by the Court in Curaçao.
Any election to arbitrate, at any time, shall be final and binding on the other party.

IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL.
DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.
All disputes will be resolved before a neutral arbitrator whose decision shall be final except for a limited right of appeal. Any court in Curaçao may enforce the arbitrator’s award. The arbitration may be conducted in person, through the submission of documents, by phone, or online and shall be conducted by a qualified experienced arbitrator. If conducted in person, the arbitration shall take place in Curaçao.
The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.
In any dispute, action, proceeding, or arbitration relating to this Website and/or these Terms of Use, the prevailing party shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys’ fees, costs and expenses (including, without limitation, expenses for expert

20. CLASS ACTION WAIVER
You agree that any arbitration or court proceeding shall be limited to the Dispute between us and you, individually. To the full extent permitted by law, (i) no arbitration or legal proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
 

21. MISCELLANEOUS LEGAL PROVISIONS
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Website.
Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.

If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Headings of clauses and sections in this Agreement are inserted for reference and convenience only and in no way define, limit, or describe the scope or intent of any provision thereof. These Terms of Use constitute the entire agreement between you and us regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter.

22. ENTIRE AGREEMENT
These Terms and Conditions along with the Privacy Policy are the complete and exclusive agreement between you and us, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between you and us relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.