Terms of Use

Effective Date: October 22, 2024

IMPORTANT – PLEASE READ AND UNDERSTAND OUR TERMS OF USE AND CONDITIONS OF SALE (“TERMS” or “AGREEMENT”) CAREFULLY BEFORE ACCESSING, USING, PLACING AN ORDER, OR MAKING A TRANSACTION THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Your use of www.mediapubnetwork.com, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Website” or “Site”), which are owned and maintained by Dynamic Web Services, Inc., dba MediaPub (“MediaPub,” “MediaPub Network,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read our terms carefully. We offer the Website, including all information, tools, products, materials, technology, interactive materials, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, placing an order, or making a transaction over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 5.4 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 5.4 BELOW, WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

1. General Terms

1.1 Website Use

By using the Site and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Site, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.

1.2 Privacy and Security Disclosure

MediaPub’s Privacy Policy may be viewed at https://mediapubnetwork.com/privacy-policy/. The Privacy Policy is hereby incorporated into these Terms by reference and constitute a part of this Agreement.

1.3 No Investment Recommendations or Professional Advice

MediaPub does not provide personalized investment advice or execute trades on your behalf, and is not a broker-dealer or investment advisor. Neither the Website nor any of MediaPub’s products or services are intended to provide tax, legal, insurance, or investment advice. None of the content provided on the Website or through any of MediaPub’s products or services should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by MediaPub or any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult a registered investment advisor, attorney, or tax professional regarding your particular financial situation, investing strategies, or specific legal or tax situation.

To the extent that any of the content published on the Website may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks and that discussions of any security published on the Website will not contain a list or description of relevant risk factors.

You understand that performance data is supplied by sources believed to be reliable, that the calculations on our Website are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.

From time to time, our Website may reference prior articles and opinions that we have published. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.

All content on the Website is presented only as of the date published or indicated and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

1.4 Securities & Investing Disclosure; Hypothetical Performance Results Disclosure; Trade Alerts Disclosure

This Website provides information about the stock market and other investments. All investments involve risk that losses may exceed the invested amount and that the past performance of a security, industry, sector, market, or product does not guarantee future results or returns. YOU ACKNOWLEDGE THAT STOCK, FUTURES, AND OPTION TRADING INVOLVES HIGH RISKS THAT MAY RESULT IN YOUR LOSS OF LARGE SUMS OF MONEY. When investing in stocks or purchasing options, you may lose all of the money you invested. When investing in futures, you may lose more than the funds you invested. Being a successful “paper trader” or “paper investor” during one period of time does not mean that you will make money when you actually invest during a later time period. Market conditions constantly change.

The information set forth on this Website is not an invitation to trade any specific security or class of securities. Investing requires risking money in pursuit of future gain. That is your decision, and you are solely responsible for your investment decisions. Do not risk any money you cannot afford to lose. This Website does not take into account your own individual financial and personal circumstances. You are encouraged to consult with a qualified investment professional regarding any trading strategy or a particular trade. Your failure to seek professional, detailed and personally-tailored advice prior to making any investment could result in actions contrary to your best interests and loss of capital. We make no representation that you will or are likely to achieve profits or losses similar to those presented on this Website. This Website is for informational purposes only and does not provide investment advice. The owner of this Website does not fall within the federal or state definition of an investment adviser and is not registered as such.

Hypothetical or simulated performance results have many inherent limitations, some of which are mentioned below, and there are frequently sharp differences between hypothetical performance results and actual results subsequently achieved by any particular trading program. Unlike an actual performance record, simulated results do not represent actual trading. Since the trades have not actually been executed, the results may have under- or over- compensated for the impact, if any, of certain market factors, such as lack of liquidity. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of the trading losses are material points, which can also adversely affect trading results. There are numerous other factors related to the market in general or to the implementation of any specific trading program that cannot be fully accounted for in the preparation of hypothetical performance results all of which can adversely affect actual trading results.

The Website may contain information regarding some of our successful hypothetical trades. We also have hypothetical trades where we lost money (not including fees and commissions). Past Results are not necessarily indicative of future results.

For customers trading options, the futures charts are presented for informational purposes only. They are intended to show how investing in options can depend on the underlying futures prices; specifically, whether or not an option purchaser is buying an in-the-money, at-the-money, or out-of-the-money option. Furthermore, the purchaser will be able to determine whether or not to exercise his or her right on an option depending on how the option’s strike price compares to the underlying futures price. The futures charts are not intended to imply that option prices move in tandem with futures prices. In fact, option prices may only move a fraction of the price move in the underlying futures. In some cases, the option may not move at all or even move in the opposite direction of the underlying futures contract.

MediaPub may send “trade alerts” to end users via email or text in advance of the trade being executed. MediaPub cannot guarantee due to technology limitations that end users will receive the alert before the trade is executed, nor guarantees that the alerted trade will occur as the conditions and other variables upon which the alerted proposed trade is based may not materialize. Further, MediaPub does not guarantee that you will be able to execute the same trade at the alerted price or position size as market conditions change rapidly. MediaPub encourages you not to simply copy alerted trades in your own portfolio. Trade alerts are presented to help you learn how to make investment decisions for yourself. You understand and agree that you alone are responsible for your own trading activity and investment decisions.

1.5 Website User Conduct Restrictions

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.

You agree not to use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, abusive, obscene, or defamatory material; (3) soliciting others to perform or participate in any unlawful acts; (4) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (5) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7) submitting false or misleading information; (8) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (9) collecting or tracking the personal information of others; (10) interfering with or circumventing the security features of the Website; or (11) any other unlawful act.

MediaPub reserves the right to terminate your access to the Website or any of its products or services if it determines that you (1) do not comply with these Terms; (2) provide false, inaccurate, or incomplete information during our registration process; (3) engage in any conduct that would otherwise harm any of MediaPub’s rights or interests in its Website, products, services, or other property; or (4) for any or no reason whatsoever without prior notice to you. MediaPub may take any other actions necessary in this regard or seek any remedies permitted by law.

1.6 No Waiver

No waiver by MediaPub, of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by MediaPub, to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

1.7 Assignment

You may not assign any of your rights under these Terms, and any such attempt will be null and void. MediaPub and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of MediaPub’s business is transferred to another entity by way of merger, sale of its assets or otherwise.

2. Premium Services

MediaPub offers a number of premium services such as our newsletters, market alerts, training modules, and software. To subscribe to these premium services, you will be required to provide your name, email address, billing address and credit card information. By subscribing to the premium service, you agree to pay the applicable subscription fee. Sales taxes may be charged in addition to the subscription fee.

2.1 Program Changes, Updates, Merges, and Terminations

MediaPub, may change, merge, alter, combine, or otherwise end or terminate any and all of its current program or service offering at any time and at its sole discretion. MediaPub, shall inform all affected members of any program changes. In the event of program terminations, MediaPub shall offer currently affected subscribers a reasonable opportunity of service satisfaction by switching them to another comparable program at the same subscription value.

Due to the nature of our Products, periodic updates may be required for maintenance. Customers will be notified if and when updates to purchased software or courses are required. Failure to comply with the update requirements may result in the failure or malfunction of the software.

2.2 Account Registration

In order to access some of the services of the Site, you will be required to create an account. By creating this account you agree to the following:

• • You may only maintain a single account;
  • You may never share your account user name or password or knowingly provide or authorize access to your account (including without limitation, MediaPub’s Premium Subscription Services);
  • You may never use another user’s account without permission;
  • When creating your account, you must provide accurate and complete information;
  • You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;
  • You must notify us immediately of any breach of security or unauthorized use of your account; and
  • You will be liable for any use made of your account or password and the losses of MediaPub, or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.

MediaPub, has the right, in its sole discretion, to cancel your subscription or suspend your access to the Site.

3. Billing Terms

3.1 Order Placement and Acceptance

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny anyone’s order for any reason. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any product or service. We reserve the right to require additional information before processing any order.

3.2 Automatic Subscription Billing and Cancellation Policy

Some of MediaPub’s Premium Services are provided on a recurring subscription basis. Your subscription will automatically renew at the then-current rate, until you notify us of your decision to terminate your subscription and/or auto-renew billing cycle. Subscribers may request to turn off, cancel or forego the auto-renew billing cycle at any time during your subscription period without questions asked [which can be done by contacting Customer Service via [email protected] or call 386-868-0444].

Turning off the auto-renew billing feature will not affect the underlying subscription status, it will strictly prohibit the automated credit card transaction at a future date to renew the underlying subscription unless otherwise requested by the customer. Most subscription durations equal to one year or less may include auto-renewal billing, regardless of the offer under which that subscription started. Prior to billing you for the renewal term, MediaPub, will email the address that you have on file for your account about the length and price of the renewal term.

By allowing the renewal to proceed, you have provided your electronic authorization for future charges against the card that you have on file. You further agree that your subscription fee(s) will be billed automatically at the beginning of each renewal period at the then-current rate (plus sale tax, if applicable) to the credit card(s) you have on file. If you have more than one card on file, the first card will be used. If you have more than one credit card on file, and one or more credit cards has expired, we will use the unexpired credit card.

You may cancel your subscription(s) at any time prior to the renewal term. To cancel your membership, please contact support via [email protected] or call 386-868-0444.

3.3 Refund Policy

MediaPub’s Premium Services (and sometimes specific offers) have different refund policies, including some services for which there is no refund. Please review the specific terms for each particular service or offer prior to subscribing to that service/offer. By subscribing to a particular service or offer, you agree to be bound by the terms of the applicable refund policy. Please contact Customer Service if you have any questions regarding whether you may receive a refund for a particular service or offer [via [email protected] or call 386-868-0444].

A. Accessibility Post-Refund:

The refund and cancellation of products and services will result in the immediate loss of access to the materials on the member website. In addition, the loss of additional materials through email, SMS, and other correspondence. If for any reason you find that the product you have purchased is not a fit for you, after the eligible refund period, we will be happy to move you into another one of our available programs at equal or lesser value, without additional charge. If you have any additional questions or would like to request a refund, feel free to contact us using the contact methods supplied on our website.

B. Physical Fulfillment Items:

From time to time, MediaPub may provide physical items as a free gift with purchase of our products or services. Please note that such physical items are provided as-is, with no warranties, support, or guarantees offered by MediaPub.

These items are not eligible for refunds, exchanges, or cash equivalents under any circumstances. All shipments of physical fulfillment items are considered final.

By accepting the physical item, you acknowledge that MediaPub holds no responsibility for its maintenance, replacement, or functionality, and no further support will be provided regarding these items.

3.4 Payment

All charges are in U.S. Dollars. By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iv) you will be responsible for any payment card fees; and (v) that sufficient funds exist to pay us the amount(s) due.

We and our third-party payment service providers may request, and we may receive, updated payment card information from your card issuer, such as updated card numbers and expiration date information when your payment card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your payment card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your payment card’s updating service, you should contact your payment card issuer.

We are not responsible for any fees or charges that your bank or payment card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.

We do not accept Paypal, gift cards, cryptocurrency, CashApp, Venmo or Zelle as forms of payment.

4. Communications

4.1 Electronic Communications

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

4.2 User Communications

By using any MediaPub services, and accessing the services, you expressly consent to receive electronically all communications, agreements, documents, notices and disclosures (“Notices”) that we provide in connection with your account and your use of the services. Notices may, without limitation, take the form of electronic mail, in-app messages, and in-Website communications. Additionally, Notices may take the form of electronic mail containing promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. If you do not wish to receive such promotional emails, you may unsubscribe at any time by following the instructions within, and MediaPub will honor any requests to unsubscribe within 30 days.

4.3 Social Media

This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, Twitter, YouTube, Google+, LinkedIn, Telegram, Discord or any of the many other available external third party social media platforms we may utilize (“Social Media Presence”).

The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of MediaPub, and we have no obligation to monitor or remove user comments. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.

4.5 Testimonials, Reviews, and Other Submissions

Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, testimonials, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. MediaPub does not guarantee anyone’s success or that anyone will earn/experience the results that are portrayed on this Website. The testimonials and reviews portrayed on this Website are exceptional results from our most successful users. These testimonials do not represent the generally expected user experience, nor do they guarantee future success.

Furthermore, by using any of the communications tools available as part of our services, you acknowledge and agree that (a) all communications tools constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by MediaPub in any manner (unless expressly stated otherwise by MediaPub) and (c) communications are not pre-reviewed, post- reviewed, screened, archived or otherwise monitored by MediaPub in any manner, though MediaPub reserves the right to do so at any time at its sole discretion in accordance with these Terms. Additionally, through such communication tools, MediaPub may make certain types of services available to you. You acknowledge and agree that such services (e.g., chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is provided for educational purposes only.

MediaPub reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. MediaPub shall be under no obligation to use any, or any part of, any testimonial or review submitted.

4.6 Third-Party Websites and Links

Our Site may include materials from third-parties or links to third-party websites. MediaPub is not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third-party.

4.7 Questions or Additional Information

If you have any questions regarding your account, any product or service, or these Terms, please email [[email protected]] for assistance.

5. Legal Terms

5.1 Digital Millennium Copyright Notice

a. DMCA Notice

The Site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):

Notification of Claimed Infringement:

MediaPub_MediaPub
Compliance Dept: Copyright Agent
101 Marketside Ave, STE 404, PMB 318
Ponte Vedra, FL 32081
United States

Agent’s Name: Amanda Walsh
Email Address: [email protected]
Telephone: 386-868-0444

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

b. Intellectual Property Rights, License

The audio and video materials, images, photographs, articles, opinions, and other text, graphics, illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads, software, data compilations and other content associated with the Website (the “Content”) are owned or licensed by and to MediaPub or other authorized third parties and are protected by intellectual property, copyright, trademark, trade dress and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and MediaPub, we will retain all right, title, and interest in and to the Website and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as expressly set forth in these Terms of Sale or expressly granted to you in writing by MediaPub, no rights are granted to you. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Website. The compilation of the Content on the Website is the exclusive property of MediaPub.

You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms of Sale, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in these Terms of Sale or otherwise expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means) download, stream capture, store in a database, archive or otherwise copy any part of the Website or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Website or Content; license or sublicense any part of the Website or Content; or in any way exploit any part of the Website or Content. In addition, except as provided in this Terms of Sale or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.

c. Copyright

The copyright in all materials provided on the Website is owned by MediaPub or its affiliate(s). Except as stated herein, none of the material contained in the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of MediaPub. Permission is hereby granted to view, copy, print and download the materials on the Website for personal, noncommercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include this copyright notice. MediaPub may revoke any of the foregoing rights at any time. You may not, without MediaPub’s prior written consent, “mirror” any material contained on the Website on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from any Website. Any unauthorized use of any material contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

d. Trademarks

The trademarks, service marks and logos (“Trademarks”) used and displayed on the Website are registered or unregistered Trademarks of MediaPub. Nothing on the Website shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Website without the prior written consent of the Trademark owner. The name of MediaPub, or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Website without the prior written consent of MediaPub. MediaPub prohibits the use of any MediaPub logo and Trademark as a “hot” link to any web site unless establishment of such link is approved in advance by MediaPub in writing.

5.2 DISCLAIMER OF WARRANTIES

EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS AND SERVICES PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

5.3 DISCLAIMER OF LIABILITIES

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL MEDIAPUB OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS AND SERVICES, OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT OR SERVICE, REGARDLESS OF WHETHER MEDIAPUB HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, MEDIAPUB IS FOUND LIABLE UNDER ANY THEORY, MEDIAPUB’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER MEDIAPUB WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

5.4 DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY DISPUTE OR CLAIM BETWEEN YOU AND MEDIAPUB ON AN INDIVIDUAL BASIS.

YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS ARBITRATION PROVISION, MEDIAPUB’S PRIVACY POLICY OR TERMS OF SALE, MEDIAPUB’S ADVERTISING OR MARKETING PRACTICES, OR MEDIAPUB’S PRODUCTS OR SERVICES SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES. THIS ARBITRATION PROVISION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. §§ 1-16, AND THE ARBITRATOR SHALL BE BOUND BY THE TERMS OF THIS ARBITRATION PROVISION. THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AND SOLE AUTHORITY FOR DETERMINING WHETHER A DISPUTE OR CLAIM IS ARBITRABLE. THE ARBITRATOR SHALL FOLLOW APPLICABLE SUBSTANTIVE LAW OF THE STATE OF FLORIDA TO THE EXTENT CONSISTENT WITH THE FAA, AND SHALL BE AUTHORIZED TO AWARD ALL REMEDIES AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER SUBSTANTIVE LAW, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, STATUTORY AND PUNITIVE DAMAGES, DECLARATIVE, INJUNCTIVE AND OTHER EQUITABLE RELIEF, INCLUDING PUBLIC INJUNCTIVE RELIEF, AND ATTORNEYS’ FEES AND COSTS WHERE AVAILABLE UNDER APPLICABLE SUBSTANTIVE LAW. THE ARBITRATOR MAY ONLY RESOLVE DISPUTES OR CLAIMS BETWEEN YOU AND MEDIAPUB AND MAY NOT CONSOLIDATE CLAIMS OR PROCEEDINGS WITHOUT MEDIAPUB’S CONSENT. THE ARBITRATOR MAY NOT HEAR CLASS OR REPRESENTATIVE CLAIMS OR REQUESTS FOR RELIEF ON BEHALF OF OTHER INDIVIDUALS. IF A COURT OR ARBITRATOR DECIDES THAT ANY PART OF THIS AGREEMENT TO ARBITRATE CANNOT BE ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF OR REMEDY, THEN THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND ANY OTHER CLAIMS MUST BE ARBITRATED.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT MEDIAPUB HAS THE RIGHT TO BRING A CLAIM AGAINST YOU IN THE STATE OR FEDERAL COURTS OF FLORIDA FOR INJUNCTIVE RELIEF, EQUITABLE RELIEF, OR OTHERWISE ARISING FROM ANY POTENTIAL OR ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF MEDIAPUB’S INTELLECTUAL PROPERTY RIGHTS AND YOU AGREE THAT VENUE IS PROPER AND THAT YOU ARE SUBJECT TO PERSONAL JURISDICTION IN SUCH FORUM.

UNLESS YOU TIMELY OPT-OUT, YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE A COURT OR JURY DECIDE YOUR DISPUTE OR CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU WOULD HAVE IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E) JOIN OR CONSOLIDATE YOUR DISPUTE OR CLAIM WITH THE DISPUTE OR CLAIM OF ANY OTHER PERSON. OTHER RIGHTS THAT YOU WOULD HAVE HAD IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU PURCHASED A PRODUCT OR SERVICE THROUGH MEDIAPUB’S WEBSITE BY SENDING A LETTER TO: MEDIAPUB, LLC ATTN. LEGAL DEPARTMENT, 101 MARKETSIDE AVE, STE 404, PMB 318 PONTE VEDRA, FL 32081, STATING YOUR NAME, THE PRODUCT OR SERVICE YOU PURCHASED, AND YOUR INTENT TO OPT OUT OF ARBITRATION.

5.5 Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless MediaPub, its parents, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.

6. Miscellaneous

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and MediaPub, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions. In the event that we terminate this Agreement, Sections 1.2 – 1.7, 4.1 – 4.5, 5.1 – 5.5, 6, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.