Terms & Conditions

Ringhop Service Terms of Use Effective: October 30, 2014 PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY. BY VISITING OUR WEBSITE AND/OR USING OUR SERVICE IN ANY WAY, YOU DEMONSTRATE YOUR AGREEMENT TO BE BOUND BY THESE TERMS, INCLUDING ANY AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT ACCESS OR USE OUR WEBSITE OR SERVICE. This Terms of Use Agreement (this “Agreement”) is a legal agreement that governs our relationship with users who visit our website, Ringhop.com (the “Website”), or who register for a user account for our live interaction platform (the “Service”). The Service is owned and operated by Lakewood Group, LLC (“we,” “us,” “our,” or “Ringhop”). This Agreement sets forth and contains all of the terms relating to use of the Service by you and Ringhop. Right to Use Your right to use the Service is subject to any limitations, conditions, and restrictions established and enforced by us from time to time, in our sole discretion. We may alter, suspend, or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability. Our Platform Ringhop provides a platform where information providers and entertainers (each a “Specialist”) may present his or her expertise, charge for his or her time, and/or sell advice or services to you and other interested Ringhop users (“Users”). Ringhop makes no representation or warranty whatsoever as to the quality, completeness, or accuracy of any information or advice provided by a Specialist through the Service. You acknowledge and agree that Specialists are neither employees nor agents nor representatives of Ringhop, and Ringhop assumes no responsibility for any act or omission of any Specialist. As further described in this Agreement, we make no representation or warranty whatsoever as to (i) the accuracy or availability of the Service; (ii) the willingness or ability of any Specialist to give advice; (iii) whether you will find an Specialist’s advice relevant, useful, accurate or satisfactory; (iv) whether the advice of any Specialist will be responsive or relevant to your question; or (v) whether any Specialist’s advice will otherwise be suitable to your needs. We do not verify the skills, degrees, qualifications, credentials or background of any Specialist. It is strongly recommended that you independently verify the skills, degrees, qualifications, credentials and background of each Specialist from whom you receive or contemplate to receive advice or services. The Service may contain financial information provided by third parties. Such content is provided for informational purposes only and is not intended, and should not be used, for trade or investment purposes. Furthermore, the Service may include bulletin boards which allow you to post questions to Specialists regarding various topics and allow Specialists to volunteer answers to such questions. AS NOTED IN THIS AGREEMENT, RINGHOP DOES NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR ADVICE PROVIDED, AND RINGHOP WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY YOU DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE. Information furnished by Specialists is intended for general information purposes or entertainment purposes only. Any consultation with a Specialist via the Service cannot and does not replace a meeting with a professional. You are encouraged to verify the information furnished by Specialists. Any reliance on such information is done at your full and sole risk and liability. Specialists in Fields Requiring Licensure and/or Certification If you choose to interact on or through the Service with any medical professional, mental health professional, physician, attorney or other Specialist in a field requiring licensure and/or certification, your relationship (as with all other Specialists) is strictly with the Specialist. Ringhop is not involved in any way with the substance of that relationship or the advice or information given therein, and Ringhop does not validate the information or advice provided to you by such Specialist. The advice or information provided by medical professionals, mental health professionals and physicians is provided for informational purposes only and cannot be considered a substitute for a face-to-face physical examination of your person by a doctor or other health professional. You should not rely on or make health decisions based on advice provided by any Specialist on the Service. Ringhop strongly recommends that, if you are seeking medical or mental health advice, you should make an appointment for an examination in person with a qualified professional. The advice or information provided by attorneys and other Specialists in fields requiring licensure and/or certification is provided for informational purposes only and cannot be considered a substitute for an in-person meeting. We do not review, endorse, recommend, verify or evaluate, or otherwise provide any warranty or guarantee with respect to, any mental health professional, medical professional, physician, attorney or other professional or Specialist on the site. You understands that it is your responsibility to check the certification and/or licensing of the medical professional, mental health professional, physician, attorney or other professional Specialist with the applicable state licensing board or authorities in the Specialist’s state or country. You understand and agree that, although a mental or medical health professional, physician, attorney or other professional Specialist may have been accessed through the Service, Ringhop cannot predict or assess the competence, or appropriateness for your needs, of the professional or other Specialist. You also acknowledge and agree that you take full responsibility for the decision to access a medical professional, mental health professional, physician, attorney or other Specialist through the Service and to continue to interact with the medical professional, mental health professional, physician, attorney or other Specialist, and that the role of Ringhop is strictly limited to providing access to such professionals and other Specialists for your consideration. You hereby release and agree to hold harmless Ringhop and its affiliated companies and the directors, officers, employees, agents, successors, advisors, consultants and assigns of any of the foregoing from any and all causes of action and claims of any nature resulting from any act, omission, opinion, response, advice, suggestion, information and/or service of any medical professional, mental health professional, physician or attorney, or any other Specialist in a field requiring licensure and/or certification, who may be accessed through the Service. IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES IN YOUR AREA. IN THE UNITED STATES, PLEASE DIAL 911. Age Requirement You must be 18 years old to register as a User and utilize the Service to interact with Specialists and other Users. Ringhop shall have the right, but not the obligation, to request that you provide copies of a valid, government-issued, photo ID to establish your compliance with this age requirement. Failure to provide this information in response to our request will result in immediate termination of your account. Limited License Ringhop grants you a nonexclusive, revocable right to use the Service (including the Website) provided that you do not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, or breach this Agreement. Intellectual Property Ringhop is the sole owner of all the intellectual property, and in particular the copyright, trademarks, database and patents, in the Service and in any software, application, graphics, text and other materials used therein, including the organization of the materials contained therein. You may not operate robots or spiders to scan Ringhop’s database. You may use “deep linking” only to your profile page within the Website but not to any other part thereof. You may not view or present the Website or any other part of the Service with a graphic user interface different from the one designed by Ringhop. The Service contains copyrighted material, trade secrets and proprietary information owned by Ringhop. This Agreement does not grant you any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Service. You may not create derivative software based upon any trade secret, intellectual property or proprietary information of Ringhop. Furthermore, you may not sub-license, assign or transfer, sell or make any other commercial use of your membership with the Service. You may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of Ringhop’s (including, without limitation, Ringhop.com), or take any other action that infringes or impairs Ringhop’s trademark rights. Ringhop shall retain all ownership in and to the Service and all content displayed on the Website, including copies of data transferred or received by you on the Website or otherwise through the Service. Code of Conduct You will be solely and fully liable for all conduct, services, advice, postings and transmissions that are made under your user account. You represent, warrant and declare that while you are using the Service, the following will be true and accurate: • You are at least 18 years of age or a legally organized entity, and that you are authorized to register as a User of the Service, or that you are authorized to represent the person who is registering as a User of the Service, and that you are authorized to sign the User registration form on behalf of yourself or on behalf of the person that you represent and bind him or her. • The information furnished by you in the registration form is accurate, true, current and complete, and you will maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete. • You are solely and fully liable for all conduct, postings and transmissions that are made under your user name and password. • You are solely responsible for verifying a Specialist’s identity, qualifications, credentials, biographic information, licenses held and other information. • We are not involved in any transactions between you and any Specialist. • We are not responsible for verifying the identity, qualifications, credentials, biographic information, licensure, and/or any other information regarding any of the Specialists. • We do not control the quality, relevance or accuracy of any advice provided by any Specialist, and we do not determine whether any Specialist is qualified to provide any specific advice, whether a Specialist is categorized correctly or in the most appropriate category to provide the advice sought by a User, or whether any postings on the Specialist’s profile page on the Website or otherwise available on the Service or any transmissions through the foregoing by a User or a Specialist is accurate, correct, relevant or appropriate. • You hereby grant Ringhop an unlimited, irrevocable, royalty-free license to use, reproduce, edit, copy, transmit, distribute, publicly display, publicly perform, create derivative works based on, on a world-wide basis, any information or content that you post, transmit, deliver or receive via the Service, including on the Website or otherwise from or to a Specialist. • All interactions between you and a Specialist will be billed through the Service regardless if the interaction is online or offline. You agree to abide by the pricing terms agreed upon with a Specialist while using the Service and to pay to Ringhop all fees for services rendered to you by Specialists. • You will not take any actions that may undermine, disrupt or manipulate the integrity of the User feedback (rating) system on the Service. Currently only ratings for paid sessions of $[X] and more will count towards the Specialist’s public ratings and rating average. We may change the above-mentioned minimum session fee for ratings at any time and without warning, and even remove old ratings posted for paid sessions with a fee lower than any newly set minimum fee. We also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the User feedback system. • You will not interfere with or disrupt, or attempt to interfere with or disrupt, any Ringhop servers, networks or equipment connected to the Service (including, without limitation, those connected to the Website). • You will not attempt to gain unauthorized access to any other computer system or network connected to the Service (including, without limitation, those connected to the Website). • You will not transmit, upload, email, post or otherwise make available through the Service (including, without limitation, through the Website): (i) any “junk mail,” “spam,” or any other types of unsolicited email or bulletin board postings; or (ii) any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind. • You will not disobey or breach this Agreement or any other applicable agreements or instructions conveyed by Ringhop. • You will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code. • You will not transmit, upload, email, post or otherwise make available: (i) any information or material that infringes upon the rights of a third party right, especially intellectual property rights; (ii) any third-party advertisements, including banner exchange services; (iii) any software viruses, Trojan horses, worms or any other malicious application or code; or (iv) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law. • We may enable the transfer of files between Users and Specialists. When opening such file attachments received from Specialists it is the your responsibility to scan them with an anti-virus software application prior to opening them. • You will not impersonate any person or entity, or make any false statement regarding your employment, agency or affiliation with any person or entity. • You will not stalk, threaten or harass any Specialist or User or infringe upon or attempt to infringe upon their privacy. • We may elect, but do not undertake the obligation, to review a User’s personal profile and amend any typing or spelling errors. We do not examine the validity or accuracy of the details in the User’s personal profile or in any of the User’s postings or transmissions. Without derogating from the above or any other term of this Agreement, We may, in our absolute discretion, refuse to post, transmit or remove any content uploaded by the User and/or remove any content violating this Agreement. You will bear all the risks associated with the uploading and transmitting of material while utilizing the Service, including reliance on its accuracy, reliability or legality. Indemnification You shall defend, indemnify and hold Ringhop, its affiliates and its and their officers, directors, employees, consultants, representatives and agents (collectively, the “Indemnified Parties”) harmless from any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against an Indemnified Party related to: (i) any breach of any representation, warranty, covenant or agreement made or to be performed by you according to this Agreement; (ii) your refusal to pay for services provided by any Specialist; (iii) any content you submit, post or transmit through the Service or otherwise provided by you; and (iv) your use of the Service. This section (Indemnification) shall survive expiration or termination of this Agreement. Disclosure and Other Communication. We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any related products and services offered by the Ringhop or it’s affiliated entities. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity. For a more detailed description of what information we may disclose, please review our Privacy Policy, which is fully incorporated herein by this reference. Transactions, Fees, and Payment You shall ensure that all credit card and payment information presented by you is accurate and correct and kept updated at all times and that you are fully authorized to use such credit card and payment information for purposes of paying for services made available via the Service. You are solely responsible for paying all fees incurred for the use of the Service, including each transaction under your account. You shall also be responsible to reimburse us for any expenses incurred by Ringhop to collect fees, including but not limited to any fees resulting from incorrect credit card information or fees incurred under a your account disputed in violation of this Agreement. You may make payments by charging the fees to the credit or debit card with your account. You hereby expressly authorize payments for all fees for each transaction occurring under your account. Additionally, you may deposit amounts as reserved funds as part of your account. Deposits may be made via a credit or debit card. Fees will then be deducted from the reserved funds as incurred, either as services are rendered, or promptly after a session with a Specialist ends. The reserve funds feature is offered by Ringhop to Users for their convenience and is free for active accounts. We reserve the right to charge an administrative fee of up to $US5.00 (the “Account Maintenance Fee”) each month for inactive reserve funds (i.e., account reserve funds that have not been added to, or used for transactions) for three or more months, which amounts shall be deducted automatically from the reserve funds. No Account Maintenance Fees will be incurred if the reserve fund balance is $US0.00. We will use reasonable efforts to process the payments due from you according to the terms agreed upon between you and a Specialist within 7 working days from the execution date of each transaction. Due to credit card and debit card payment processes, there may be a delay in processing charges. Charges incurred over a several day period may be consolidated and charged as a single charge to the your credit card or debit card. As a result, it is recommended that you keep track of your own usage. You are obligated to report to us in cases when you were billed directly by a Specialist (i.e., not through Ringhop). Such report should include a description of the service that was rendered by the Specialist and the price charged. Time charges to you are based on increments of a second as measured on our servers. Charges to you are rounded up so that any part of a second is considered a full second of time charges. Our billing system is not fault-free; therefore we shall not be liable for any problems, miscalculations or malfunctions in processing the payments owed by you. If you believe that a mistake has occurred, you may notify us of this fact by emailing [email address]. While you are solely responsible and liable for all uses of the Service (including, but not limited to, the selection of Specialist, communications with Specialists and fee arrangements with Specialists), and while you assume the risk that any communications with a Specialist may or may not address your questions or otherwise be satisfactory, relevant or acceptable to you, in certain limited circumstances we may elect to refund a payment made by you for a communication session with a Specialist. The refund process is described on the following linked page: [link to refund faq] Your Account Login As part of the registration process, you will be prompted to provide a unique username and password that you must provide in order to gain access to your account with the Service. You certify that when asked to choose a username you will not choose a name which may falsely represent you as someone else, falsely imply a connection with any profession or organization, or a name which may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of usernames that we, in our sole discretion, deem to be inappropriate. We reserve the right to cancel, at any time, the membership of any User who uses their selected username in violation of this Agreement or in any other way we, in our sole discretion, deem to be inappropriate. Your account, username, and password are nontransferable and non-assignable. You represent and warrant that you will not disclose your unique username or password to any other person. You are solely responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to notify Ringhop of any unauthorized use of your username or password and ensure that you logout from your account at the end of each session. You are liable and responsible for any unauthorized use of the Service until you notify Ringhop regarding that unauthorized use. Unauthorized access to the Service is illegal and a breach of this Agreement. You agree to indemnify Ringhop against all activities conducted through your account. Other Links The Service may from time to time contain links to other sites and resources (“External Links”). We are not responsible for, and have no liability as a result of, the availability of External Links or their contents. Disclaimer of Warranty; Limitation of Liability We do not review, endorse, recommend, verify, evaluate, warrant or guarantee the qualifications, expertise, claims or background of any Specialist or any opinion, response, advice, prediction, recommendation, information or other service provided by any Specialist. Nothing contained in this Agreement, on the Service, on the Website, on any third-party site or provided otherwise shall be considered as a referral, endorsement, recommendation, verification, warranty or guarantee with respect to (i) any Specialist; (ii) the Service; (iii) any opinion, response, advice, prediction, recommendation, information or other service provided by any Specialist or otherwise made available on the Service; or (iv) the validity, accuracy, availability, completeness, safety, legality, quality or applicability of any content or anything otherwise said or written by any Specialist, including any biographical information, qualifications, or other information spoken by any Specialist or contained in or made available on the Service (including, without limitation, through the Website), any blog or any other forum. Our services depend on various factors such as software, hardware and communications networks of Ringhop, its contractors and suppliers. We do not guarantee that the Service will be uninterrupted or that it will be timely, secure or error-free. YOU ACKNOWLEDGE AND AGREES THAT THE WEBSITE AND THE SERVICE ARE PROVIDED “AS IS,” AND THEREFORE YOU WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST US, OUR AFFILIATES, OR ANY OF THE FOREGOING’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES OR AGENTS WITH RESPECT TO THE WEBSITE, THE SERVICE OR ANY SPECIALIST. THE USE OF THE WEBSITE AND THE SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. We expressly disclaim all representations and warranties related to information posted or transmitted by Specialists. If you decide to rely on information provided by a Specialist, you must exercise a high level of care. You shall not have any claim or demand against us, our affiliates, and/or any of the foregoing’s officers, directors, shareholders, employees, sub-contractors and/or agents with respect to any service or advice you receive, use and/or rely on. We will not be deemed the provider of any Specialist’s services or other information acquired through the Service (including, without limitation, through the Website). The purchase of the services of any Specialist is entirely at your sole risk. We do not assume, and will not be liable for: (i) the accuracy or availability of the Service (including, without limitation, any portion of the Website); or (ii) any damages or injury arising from or related to Service and/or any opinion, response, advice, prediction, recommendation, information and/or other service provided or not provided by any Specialist. We will not be liable for enforcing any agreement that was made between a Specialist and a User, including a fee agreement. You will be solely responsible for any agreement made with a Specialist. In the event of a dispute regarding any transaction conducted via the Service, you hereby relieve Ringhop, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys’ fees, which you may have against one or more of the above. YOU EXPRESSLY UNDERSTAND AND AGREE THAT RINGHOP, ITS AFFILIATES, AND ANY OF THE FOREGOING’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE). YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT: (I) RINGHOP, ITS AFFILIATES AND THE FOREGOING’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU TO SPECIALISTS THROUGH THE SERVICE IN THE ONE-MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE; AND (II) RINGHOP DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A SPECIALIST IN CONNECTION WITH PAYMENT FOR SERVICES BY YOU, AND YOU AGREE TO INDEMNIFY, DEFEND AND HOLD RINGHOP HARMLESS IN CONNECTION WITH ANY SUCH CLAIM. THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, IN TORT OR OTHERWISE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OR NEGLIGENCE. In the event applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law, and the maximum liability to Ringhop will be capped at $10. This section (Disclaimer of Warranty; Limitation of Liability) shall survive termination or expiration of this Agreement. Risks Associated with the Service Due to the nature of Internet, computers, data flow, and other technical and economical practicalities, the Service is – as is most computer data and Internet applications – potentially vulnerable to various security issues and hence should be considered unsecured. By using the Service and the Internet in general, you may be subject to various risks, including among others eavesdropping, sniffing, spoofing, forgery, spamming, “imposturing,” tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including without limitation, viruses, worms, Trojan horses, causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer or mobile device. Information received or delivered on and through the Service may be subject to other security or privacy hazards or may not reach its destination or reach an erroneous address or recipient. The Service is not different than other Internet applications in this respect. You hereby release and agree to hold harmless Ringhop and its affiliated companies and the directors, officers, employees, agents, successors, advisors, consultants and assigns of any of the foregoing from any and all causes of action and claims of any nature resulting from any security risk associated with use of the Service. Third-Party Service Required In order to utilize the Service, you must obtain service from one or more service providers who deliver connectivity to the Internet, a telephone network, text or SMS messaging, and/or any other communications network you intend to use with the Service. Your carrier’s normal rates and fees, such as text messaging and data charges, will apply. You acknowledge and agree that Ringhop is not responsible for providing access to such communications networks and that Ringhop is not responsible for any increased service fees your carrier may charge you for use of such communications networks in connection with the Service. Termination by Ringhop Without limiting other remedies, Ringhop may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of the Service and refuse to provide our services to you at any time, with or without advance notice, if (a) Ringhop believes that you have breached any term of this Agreement; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause legal liability for you, our Users or us; or (d) Ringhop decides to cease operations or to otherwise discontinue any of the Service or parts thereof. Further, you agree that neither Ringhop, nor any third party acting on our behalf, shall be liable to you for any termination of your membership or access to the Service. You agree that if your account is terminated by Ringhop, you will not attempt to re-register as a User or Specialist without prior written consent from Ringhop. No Assignment You shall not assign this Agreement or assign, pledge or mortgage any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Ringhop. Any purported transfer, assignment or delegation by you without the appropriate prior written approval will be null and void and of no force or effect. Entire Agreement This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Ringhop and you with respect to the subject matter hereof, and you have not relied upon any promises or representations by Ringhop with respect to the subject matter except as set forth herein. Arbitration All Disputes (including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration) must be submitted to arbitration before and in accordance with the commercial arbitration rules of the American Arbitration Association. The term “Dispute” means any controversy or claim arising out of or relating to the Service or this Agreement, or any breach thereof, including any claim that this Agreement, or any part of this Agreement is invalid, illegal or otherwise voidable or void. The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law. Notwithstanding any provision of this Agreement relating to under which state’s laws this Agreement is to be governed by and construed under, all issues relating to arbitrability or the enforcement of the Agreement to arbitrate contained herein are to be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and the federal common law of arbitration. Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You and Ringhop hereby waive to the fullest extent permitted by law, any right to or claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it. This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear. Arbitration takes place in Miami-Dade County, Florida, exclusively. You and Ringhop hereby agree that no action (whether for arbitration, damages, injunctive, equitable or other relief, including rescission) will be maintained by any party to enforce any liability or obligation of the other party, whether arising from this Agreement or otherwise, or any other Dispute, unless brought before the expiration of the earlier of one year from the occurrence of the facts giving rise to such claims or within 90 days from either the actual discovery of the facts giving rise to such claims or from the date on which the party should have, in the exercise of reasonable diligence, discovered such facts. The obligation to arbitrate is not binding upon Ringhop with respect to claims relating to its trademarks, service marks, patents, copyrights, or other intellectual property rights, or requests for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties. The prevailing party will be entitled to receive from the non-prevailing party its costs relating to the arbitration proceeding including but not limited to, the arbitrator’s fees, attorneys’ fees and costs, witness fees, transcription fees, etc. and sales and use taxes thereon, if any. You and Ringhop each acknowledges and agrees that it is the intent of the parties that arbitration and litigation between the parties will be of the parties’ individual claims, and that none of their respective claims may be arbitrated or litigated on a class-wide basis. Nothing more follows.