Terms and Conditions of Service

These ConnectPal Terms and Conditions of Service are a legal document that explains your rights and obligations as a user, subscriber, and member of ConnectPal. Please read it carefully.

I. Introduction

The following contains the general terms and conditions of contract which govern your relationship with ConnectPal.com (“ConnectPal”). The ConnectPal Terms and Conditions of Service (“Terms”) constitutes a legal agreement between you and ConnectPal. We reserve the right to update and/or change these Terms as needed including but not limited to changes based on our community, content database, legal issues, or market trends. Any changes that are made to these Terms will not apply retroactively, and will not apply to any dispute of which both parties had actual notice on or prior to the date of the change or amendment. Except as otherwise stated in these Terms, all amended terms shall be effective immediately after they are posted. Additionally, a notice of change in Terms will be provided to you upon your access to the site after the Terms have been updated. At this time, you will be asked to read and affirmatively accept the amended Terms by clicking an “I accept” and/or an “I agree” box, or you may decline to accept the amended Terms. If you do not accept the amended Terms, you will be denied access to the site, and your relationship will be governed by the Terms as they existed at the time of your first acceptance of these Terms (or accepted any subsequent changes to these Terms).

By using or accessing this website in any way and/or selling, advertising, uploading, downloading, or submitting any content or media, or by utilization of any of the software, data feeds, or services available through the ConnectPal website, you expressly acknowledge and agree to be bound by these Terms and the Privacy Policy which is fully incorporated herein by this reference. These Terms apply to you and, if you are using this website on your client’s behalf, to you and all of your clients. Should you disagree with anything stated in these Terms please discontinue your use of the website and erase all data you have uploaded and/or downloaded. Where ConnectPal has provided you with a translation of the English language version of these Terms, then you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with ConnectPal. If there is any contradiction between the English language version and its translation in a different language, then the English language version shall take precedence.

SECTION XIII CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT.

II. Definitions

Profile Owner. A Profile Owner is a content contributor who has registered for an account on ConnectPal, and this contributor is selling content for a monthly subscription fee.

Active Subscriber. An Active Subscriber is a person with valid billing information who has purchased a monthly recurring subscription on ConnectPal, and this person has not cancelled the subscription or been refunded their subscription price. The Active Subscriber must also not have been the subject of a credit card dispute.

Revenue Share. Revenue Share for a Profile Owner is the amount of money that is equal to the Active Subscribers as measured on the last day of the calendar month multiplied by the monthly subscription price set by the profile owner, which is not inclusive of the ConnectPal Service Fee. This number is then subject to subtraction for any credit card disputes/chargebacks and corresponding bank charges and dispute fees. The Revenue Share amount is also referred to as a Profile Owner’s ConnectPal Earnings.

$200 Minimum. If a Profile Owner generates more than $200 in a calendar month from Active Subscribers as measured on the last day of the calendar month, then that profile owner will have met the $200 minimum threshold. If a profile owner meets or exceeds the $200 minimum threshold, then the Hosting Fee related to the $200 minimum will be waived. However, any profile that generates less than the $200 minimum threshold from active subscribers as measured on the last day of the calendar month shall be subject to a Hosting Fee of $200 per month. The $200 Hosting Fee will be deducted from the profile’s earnings (if any) at the end of the month. Any profile with a negative hosting fee balance may be locked and/or deleted. Once a profile has been deleted, ConnectPal agrees to waive any negative Hosting Fee balance.

Hosting Fee. A fee associated with ConnectPal’s overhead and costs related to the hosting of a Profile Owner account.

III. Site Usage Agreement

a. Your Use of This Site

This site is owned and operated by ConnectPal. All media, audio, video, and related informational materials in any medium provided by ConnectPal hereunder, including text, captions, or information (collectively referred to as “Content”) are owned by ConnectPal and/or by our Content providers, users, or members of our community. All Content is protected by US and international copyright laws. ConnectPal may restrict, terminate, or remove your access to this site at any time, or restrict, terminate, or remove any Content for any reason.

Though we endeavor to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Content may include historically and culturally important Content and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your use of the site may expose you to Content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Content requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by ConnectPal or its members. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors.

ConnectPal makes all reasonable efforts to comply with and respond to all issues regarding potential copyrights and trademarks available on the US or international market. While the responsibility for the Content uploaded by users is entirely that of the user, we endeavor to identify and respond to any copyright or trademark infringements. If you have identified a file that you believe represents an infringement please notify us, so that we may take the appropriate measures.

b. Content Submissions

As part of the services offered and as consideration for your assent to these Terms, ConnectPal permits the submission of video and other communications, as well as the posting, hosting, sharing, and publishing of those submissions (Content). You understand and agree that whether or not such submissions are published and/or uploaded, the site does not guarantee any confidentiality with respect to any submissions.

You acknowledge and agree that you are solely responsible for any and all submissions made by you, and any and all consequences related to such submission. You further represent, affirm, and warrant:

  • You own, retain, or have been granted the necessary licenses, rights, consents, and permissions to publish Content you submit. Your acceptance of these Terms also grants license to ConnectPal for all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication and dissemination on the services provided by the site pursuant to these Terms to enable inclusion and use of the Content in the manner contemplated by ConnectPal and these Terms;

  • You will not post, or allow anyone else to post, any material of an adult or sexual nature that depicts any person under the age of 18 years. You further represent that you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submission are, in fact, over the age of 18 years;

  • You possess the written consent, release, and/or permission of each and every identifiable individual person in the submission to use the name or likeness of each and every such identifiable person to enable use and inclusion of said persons in the submission in a manner contemplated by the site and these Terms.

By submitting Content to the site, you hereby acknowledge and grant ConnectPal a worldwide, non-exclusive, royalty-free, sublicenseable and transferrable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submission/Content in connection with the site and the site’s business, including without limitation for promoting and redistributing part or all of site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the site a non-exclusive license to access your submission/Content through the site, and to use, reproduce, distribute, prepare derivative works of, display, and perform such submissions/Content as permitted through the functionality of the site and under these Terms. The foregoing license granted by you terminates once you remove or delete a submission from the site.

By and through the act of submitting Content, you further acknowledge and agree that you shall not:

  • Submit material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission form their rightful owner to post the material and to grant the site all of the license rights granted therein;

  • Publish falsehoods or misrepresentations that could damage the site or any third party;

  • Submit material that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offense, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

  • Post advertisements or solicitations of business;

  • Impersonate another person.

ConnectPal does not endorse any submission/content or any opinion, recommendation, or advice expressed therein, and ConnectPal expressly disclaims any and all liability in connection with such submissions/Content. ConnectPal does not permit copyright infringing activities and infringement of intellectual property rights on the site, and ConnectPal will remove all Content and submissions if properly notified that such Content or submission infringes on another’s intellectual property rights. ConnectPal reserves the right to remove Content and submissions without prior notice or delay. ConnectPal will terminate a user’s access to its site if they are determined to be an infringer. While all legal content is accepted, ConnectPal also reserves the right to decide in its sole and unfettered discretion, whether Content/submissions are appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law; including, but not limited to obscene or defamatory material, posting or promoting pornographic materials, promoting illegal activities or unlawful actions, promotion or sale of controlled substances and pharmaceuticals, the impersonation or misrepresentation of any individual or entity, and currency exchange between parties. ConnectPal may remove such Content/submissions and/or terminate a user’s access for uploading such material in violation of these Terms at any time, without prior notice, and at its sole and unfettered discretion, decide whether posted content violates these Terms.

c. Conduct

You acknowledge and agree that you are solely responsible for your own Content along with all consequences and repercussions of posting, uploading, publishing, transmitting, or otherwise making your Content available on the site. By accepting these Terms, you affirm, warrant, and represent that you shall not post, upload, publish, transmit, or make available in any way Content which is illegal, unlawful, harassing, harmful, threatening, tortuous, abusive, defamatory, obscene, libelous, or invasive of one’s privacy. You also agree that you shall not post, upload, publish, transmit, or make available in any way software containing viruses or any other computer code, files, or programs designed to destroy, interrupt, limit the functionality of, monitor, or persistently reside in or on any computer software or hardware telecommunications equipment.

The site may not be used as a payment processor to facilitate content sales and/or distribution on a 3rd party platform and/or application that is not owned by ConnectPal. For example, the attempt to sell a password, or the selling of participation in a private account on a 3rd party application in exchange for payment on ConnectPal is forbidden. Any attempt to engage in selling access to a 3rd party application by using ConnectPal as a payment processor will not be tolerated, and such activity will result in the termination of the account and the forfeiture of all money in the account. The money in the violated account will be used at the sole discretion of ConnectPal, and may become the property of ConnectPal at its sole discretion. Notwithstanding the foregoing, ConnectPal reserves the right to refund any unpaid Revenue Share earnings to you in its sole discretion.

You expressly acknowledge and agree that ConnectPal shall have the right to determine in its sole and unfettered discretion, what action shall be taken in the event of any discovered or reported violation of the Terms contained herein. The monies in the violated account will be used at the sole discretion of ConnectPal, and may become the property of ConnectPal at its sole discretion. Notwithstanding the foregoing, ConnectPal reserves the right to refund any unpaid Revenue Share earnings to you in its sole discretion.

d. Prohibition by Law

You agree that your use of this website and any Content shall comply with all applicable law. It is your responsibility to ensure that your use of the site does not violate any federal, state, provincial, or local laws or regulations applicable to your use of the site. You agree that you shall not post, publish, upload, or make available in any way Content which is intentionally or unintentionally violating any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside or elsewhere; including, but not limited to, any laws related to securities, privacy, and export control. You agree that you shall not post, publish, transmit, or otherwise make available in any way content depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals. You agree not to use this site in any way that exposes the ConnectPal to criminal or civil liability.

e. Children

Children (persons under the age of 18) are not eligible to use this site unsupervised and children are prohibited from registering for an account, submitting any personal information to the site, or submitting any Content to the site in any way. In accessing or utilizing this site in any way, you warrant and affirm that you are 18 years of age or older.

IV. Your Account

a. Account Details

To obtain access to the Content on ConnectPal as well as upload any Content, you must first register for a ConnectPal account and agree to provide complete, true, and accurate information. You agree to access the authorized sections of ConnectPal and your account only by using the user information and password you supplied to ConnectPal.

b. Account Confidentiality and Unauthorized Use

You are responsible for maintaining the confidentiality of your user information, account number and/or password, and you shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable measures to prevent others from obtaining your access information and to notify ConnectPal of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all charges by others using your account, with or without your permission or knowledge prior to the time that you notify ConnectPal of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any ConnectPal account or web site, or related services.

At any time, you may request your account access to be restricted, but ConnectPal reserves the right to delay your request until all requirements of these Terms are met.

c. Refusal of Service & Right of Rejection

ConnectPal reserves sole discretion over whether to grant you an account or allow you access to the site.

ConnectPal reserves the right, in its sole and absolute discretion, and without any duty to do so, to remove any Content submission(s) made by you for any reason, including, without limitation:

  1. Breach or suspected breach of any part of these Terms;
  2. Suspected or alleged copyright or trademark infringement;
  3. Suspected or alleged criminal activity; and/or
  4. Suspected or alleged violation of any statute, ordinance, law, regulation or rule.

ConnectPal reserves the right to report any suspected, alleged or actual breach of these Terms, including criminal activity, or copyright or trademark infringement, to any and all law enforcement authorities, including preserving and disclosing information or content. Moreover, ConnectPal reserves the right to cooperate fully in any investigation. In such instances, ConnectPal further reserves the right to immediately terminate without notice any account which ConnectPal believes, in ConnectPal’s sole discretion, is in violation of these Terms. ConnectPal may inform you of the reason for termination, though it is under no obligation to do so. In some cases, it may be a violation of applicable law to inform you of the reason for such termination. You will not be entitled to a refund if you are terminated under this clause.

d. Termination of Subscribers

ConnectPal reserves the right to cancel, lock, terminate, and/or delete a subscriber account at any time, without notice, if we believe they have violated these Terms for any reason whatsoever. If you are terminated for actual or suspected violation of these Terms, you will not be entitled to a refund. While ConnectPal may inform you of the reason for cancellation, locking, terminating, and/or deleting your profile, it is under no obligation to inform.

V. User Purchase and Payment

a. Purchase

ConnectPal reserves the right to modify and adjust any pricing at its sole discretion, and will update the pricing schedule online (here) a minimum of 10 days before any pricing modification. A current pricing schedule can be found (here). ConnectPal reserves the right to change pricing structures and impose fees on any user account type, whether it is an owner account that sells content, or a subscriber account that buys. Any change in pricing structures or fees will not apply retroactively.

All charges and payments must be paid in the lawful money of the United States of America.

b. Authorization and Automatic Renewals

Subscribers will be billed monthly. When a subscriber joins ConnectPal initially, the subscriber will be billed immediately upon entering the site after the subscriber has entered valid credit card information and the subscriber hits ‘Pay and Subscribe’. The definition of ‘monthly’ will be billing at any point that is between 28 days to 31 days after the initial purchase of the subscription. The site reserves the right to set the recurring billing at any point that is 28 days to 31 days following the previous bill payment. You specifically agree, assent, and authorize ConnectPal to charge the payment method provided by you for monthly recurring subscription charges.

To continue your subscription and services without interruption, purchases will renew automatically. Until canceled, renewal purchase prices will remain the same as your initial purchase price, except for promo and discount purchases unless otherwise specified. Notwithstanding the foregoing, subscription prices may, from time to time, be increased or decreased by the Content provider. In the case of an increase in subscription prices, ConnectPal will provide you with a minimum of 10 days-notice before any pricing increase becomes effective. ConnectPal reserves the right to approve or reject any requested subscription price increase and/or decrease.

Subject to the foregoing, you may cancel any automatic renewals at any time from your account page. If your permitted cancellation request is not received in time, and your credit card is billed despite your desire to cancel your subscription, please contact ConnectPal support by phone (888) 203-0000 or email ([email protected]) so that we may refund your subscription fee, provided you have not used the subscription for the billed period, or accessed any Content that is the subject of your subscription in any way. Fees charged to your payment method may be split into multiple charges, the aggregate of which shall not exceed the amount currently due for your particular purchase.

c. Contributions to Profile Owners

ConnectPal may, but is not obligated to, permit individual money contributions to profile owners through the site. To the extent that we decide to permit contributions, you acknowledge and agree that:

  • Payment of a contribution is done at your own option and risk. Contributions are not required for use of ConnectPal.
  • Contributions are voluntary and may not be given in exchange for specific services. Promising to give a contribution in exchange for any act is strictly prohibited, and such conduct will result in an immediate and lifetime ban from use of ConnectPal.
  • All contributions are chargeable when made. We will not return a contribution made from your account except in situations that are deemed by us, in our sole and absolute discretion, to be extraordinary.

Contributions do not alter our code of conduct.

d. Refund Policy

For individual subscription purchases, you may ask for a refund of your last purchase within 30 days from the last purchase date. Note that this is possible only if you have not accessed and/or utilized the subscription in any way. Refunds or credits will not be issued for partially used memberships, or partial month of service/membership.

e. Suspected Credit Card Fraud

ConnectPal has developed its own proprietary fraud monitoring and fraud tracking processes. If ConnectPal becomes suspicious for any reason whatsoever of potential credit card fraud related to your subscribing credit card, ConnectPal reserves the right in its sole discretion to lock and/or terminate your account. If ConnectPal terminates your subscriber account based on suspicious credit card activity, ConnectPal will refund the subscription price to your credit card. After such refund is made, the relationship between you, as a terminated subscriber, and ConnectPal will be concluded in its entirety. At its sole discretion, ConnectPal reserves the right to fingerprint lock suspicious credit cards from engaging in any commercial activity on the site.

VI. Profile Owner Revenue Share, Payments, and Termination

a. Revenue Share

As a user contributing Content to this site, you shall receive a Revenue Share as described and defined in these Terms and the paragraphs below. The paragraphs below (as well as the definition provided above) establish the minimum Revenue Share that is to be awarded to you as a contributing user.

Provided you are otherwise in compliance with these Terms, ConnectPal will not seek repayment from any overpayments made to you. You shall not be entitled to receive Revenue Share payment, nor shall ConnectPal be liable for any such payment, unless and until the total amount of your unpaid Revenue Share earnings exceeds Two Hundred U.S. Dollars (US$200.00) in each calendar month (the “$200 Minimum”) defined above. You assent and agree that if you are unable to meet or exceed $200 Minimum threshold in a calendar month, the earnings for that calendar month are payable to ConnectPal and collected as a Hosting Fee associated with ConnectPal’s overhead related to the hosting of your account and content, and payment processor fees, among others. Notwithstanding the foregoing, ConnectPal reserves the right to refund any unpaid Revenue Share earnings to you in its sole discretion.

Each new calendar month is its own accounting period, and there is no carry forward of Revenue Share earnings or rollover of Revenue Share earnings. Your monthly payment (if any) shall encompass the total payment for the month, and your monthly payment is not subject to audit. Earnings do not accumulate month by month to meet the monthly $200 Minimum threshold established herein. For example only, if a profile owner earns $50 in Revenue Share in a calendar month, that $50 is below the $200 Minimum threshold, thus no payment will be made for that account and the earnings for that calendar month are payable to ConnectPal and collected as a Hosting Fee associated with ConnectPal’s overhead related to the hosting of your account and content, and payment processor fees, among others. Notwithstanding the foregoing, ConnectPal reserves the right to refund any unpaid Revenue Share earnings to you in its sole discretion. Moreover, this $50 cannot be used to rollover and accrue for the next calendar month to qualify for the minimum payout threshold. The $50 will not count toward the $200 Minimum Revenue Share earnings, and that money (because it fell below the $200 minimum) will not be paid out and is payable to ConnectPal and collected as a Hosting Fee associated with ConnectPal’s overhead related to the hosting of your account and content, and payment processor fees, among others. Notwithstanding the foregoing, ConnectPal reserves the right to refund any unpaid Revenue Share earnings to you in its sole discretion. Using this same $50 example, if you earn $160 in Revenue Share in the calendar month that follows the $50 earnings, you still do not qualify for payment, nor will ConnectPal be liable for any such payment. In this example, you will have earned $160, which is below the $200 Minimum threshold, and the $50 earned in the preceding month does not count toward the $200 minimum. For clarity, even though $210 was earned in aggregate over 2 months, the profile owner failed to meet the $200 Minimum threshold in a calendar month so no payment will be issued to you in either of the 2 months as explained in this example. If you earn $50 in Revenue Share in a calendar month, and then the next month you earn $210 in Revenue Share in a calendar month, then you will receive your Revenue Share payment from the $210 calendar month because that is above the $200 Minimum threshold. You will not receive a Revenue Share payment from the total $260 because the $50 in earnings in the prior month does not carry forward and does not rollover.

If you have created an account and sell, or offer for sale, subscriptions to your Content you shall only receive Revenue Share payments from Active Subscribers as measured on the last day of the calendar month, as described in these Terms and as detailed in the ConnectPal Fee Schedule (https://www.connectpal.com/pricing) which is fully incorporated by this reference. YOU WILL NOT BE PAID FOR ANY SALES THAT ARE NOT ATTRIBUTABLE TO ACTIVE SUBSCRIBERS AS MEASURED ON THE LAST DAY OF THE CALENDAR MONTH. ANY AMOUNTS RECEIVED BY CONNECTPAL FROM SALES THAT ARE NOT ATTRIBUTABLE TO ACTIVE SUBSCRIBERS AS MEASURED ON THE LAST DAY OF THE CALENDAR MONTH ARE PAYABLE TO CONNECTPAL AND COLLECTED AS A HOSTING FEE ASSOCIATED WITH CONNECTPAL’S OVERHEAD RELATED TO THE HOSTING OF YOUR ACCOUNT AND CONTENT, AND PAYMENT PROCESSOR FEES, AMONG OTHERS.

b. Active Subscriptions

ConnectPal will determine the final Active Subscriber number from the following time period: 5pm-est and 11:59pm-est on the final day of each calendar month. The selection point during this time frame will be at ConnectPal’s sole discretion, and this number is not subject to audit.

c. Contributions to Profile Owners

ConnectPal may, but is not obligated to, permit individual money contributions from subscribers to profile owners on the ConnectPal site. A profile owner may decide to “hide” or “show” the contribution button on their profile. If a profile owner decides to accept contributions, then ConnectPal will pay out the Contribution money at the same time as the profile owner’s Revenue Share. ConnectPal reserves the right to set contribution limits and to also set contribution parameters. For example, ConnectPal may only allow $10, $20, or $30 contributions for a profile. ConnectPal will decide the contribution parameters for each profile at its sole discretion. ConnectPal also reserves the right to disallow a profile from receiving contributions. All contributions are subject to a 5% ConnectPal Service Fee. Additionally, all contributions are subject to a payment processing fee of 2.9% + 30 cents for each transaction. If a contribution shall be the subject of a credit dispute and/or chargeback, ConnectPal will deduct this amount from the contribution total as well as any bank charges and/or dispute fees related to the credit card dispute and/or chargeback.

d. Payment of Revenue Share and Contributions

ConnectPal will remit Revenue Share payments to you through an ACH transfer only if you surpass the 200 US Dollar ($200) Minimum threshold in a calendar month from Active Subscribers, as measured on the last day of the calendar month and described in Section VI(a)-(b), and defined above.

You, as the payee, authorize ConnectPal to act as your agent for purposes of receiving payments from users/subscribers, the payors, for the sale or use of your content. ConnectPal’s receipt of any of payment from users/subscribers pursuant to these Terms satisfies their obligations to you, the payee, for your content.

ConnectPal will pay all Revenue Shares due to you to the bank account or PayPal account of record associated with your profile account. ConnectPal is not responsible for any other third-party arrangements for distribution of income. If a dispute arises between you and a third party, you agree that ConnectPal bears no financial responsibility for the disputed funds, and the responsibility for income distribution to third parties (if any) shall be your sole responsibility.

If you are a profile owner contributing Content to the site, you must enter your banking information into the Payout Information section of your account in order to receive any payment owed to you by ConnectPal. Payment will only be made if you qualify for a payout as established by these Terms. If you qualify for a payment, you must must enter your banking information details under the section “Payout Information” of your profile. You will have up to 7 days after the 1st day of each month to enter your payment information in order to receive payment from the previous month’s Revenue Share earnings. If by the 9th day of the month or at any point after thereafter, you have not entered your banking information into the Payout Information section of your profile, then your previous month’s Revenue Share earnings are payable to ConnectPal and collected as a Hosting Fee associated with ConnectPal’s overhead related to the hosting of your account and content, and payment processor fees, among others. Notwithstanding the foregoing, ConnectPal reserves the right to refund any unpaid Revenue Share earnings to you in its sole discretion.

For international clients (outside the USA) only, ConnectPal may elect to pay you via PayPal. If you are an International client, you must contact ConnectPal at either [email protected] or [email protected] on or before the 8th day of the month in order to qualify for the previous month’s Revenue Share earnings payout. If by the 9th day of the month or at any point thereafter, you still have not contacted ConnectPal regarding your Payment Information, then the previous month’s Revenue Share earnings payment is payable to ConnectPal and collected as a Hosting Fee associated with ConnectPal’s overhead related to the hosting of your account and content, and payment processor fees, among others. Notwithstanding the foregoing, ConnectPal reserves the right to refund any unpaid Revenue Share earnings to you in its sole discretion.

If you qualify for a payment as established by these Terms, ConnectPal will transfer money to the bank account on record through ACH deposit for USA domestic transfers, and/or PayPal or other 3rd party transfer service for International Transfers. If the transfer is international, then the money transfer may be subject to financial transfer fees which will be deducted from your Revenue Share earnings. If ConnectPal transfers Revenue Share earnings to the bank or PayPal account on file, and the banking institution, PayPal, and/or 3rd party transfer service keeps the payment and/or refuses to remit the money to you, ConnectPal is not liable for these funds. Once ConnectPal remits payment of your Revenue Share earnings via ACH transfer, PayPal, and/or 3rd party transfer service, ConnectPal has performed its responsibilities as required herein and is not liable for any losses losses or fees relating to your payment. It is your sole responsibility to ensure that you and your banking, PayPal, and/or third-party account are able to accept payment from ConnectPal.

If your Revenue Share earnings surpass a 400 dollar ($400) threshold, you may be required to fill out and submit a W-9 tax form - the exact amount of Revenue Share payment that will trigger a W-9 tax form request will be made by ConnectPal in its sole discretion, and in conjunction with ConnectPal’s tax experts. Each individual’s tax liabilities will differ and you are expected to conduct your own due diligence and file tax documentation accordingly based upon income derived from the site. You are responsible for collection of your own sales tax (if applicable). ConnectPal assumes no responsibility for any individual tax liability based upon your income. ConnectPal reserves the right to withhold a minimum of 28% of your Revenue Share earnings, or terminate your account if you fail to complete the W-9 tax form or other requests mandated by ConnectPal.

i. Chargebacks and Disputes

A transaction can result in a chargeback due to dispute, suspicion of fraud, or other purposes. ConnectPal reserves the right to withdraw from your unpaid Revenue Share earnings in the event of any dispute, refund, and/or chargeback. You assent and agree that ConnectPal has full authorization to withdraw, in part or in full, the amount of a refund, dispute or chargeback, along with any associated fees or penalties incurred. ConnectPal may use the withdrawal amount at its discretion to ensure ConnectPal does not suffer any financial loss related to the dispute, suspicion of fraud, or other purposes. If your account is pending resolution of any chargebacks, ConnectPal reserves the right to suspend payment on your account until the subsequent pay period or until such dispute is resolved.

In its sole discretion, ConnectPal may lock, delete, terminate or disable access to your account if your account is the subject of three (3) or more credit card chargebacks/disputes in any ninety (90) day period. In its sole discretion, ConnectPal may lock, delete, terminate, or disable access to your account if you have less than 30 active subscribers and have been the subject of one or more credit card chargeback/disputes. Upon termination, any unpaid Revenue Share earnings in your account are payable to ConnectPal and collected as a Hosting Fee associated with ConnectPal’s overhead related to the hosting of your account and content, and payment processor fees, among others. Notwithstanding the foregoing, ConnectPal reserves the right to refund any unpaid Revenue Share earnings to you in its sole discretion.

Should your account be the subject of an excessive number of credit card chargebacks/disputes, ConnectPal reserves the right, in its sole discretion, to issue a Dispute Fee(s) for excessive credit card chargebacks/disputes of up to $30.00 per each individual credit card chargeback/dispute - the amount of the Dispute Fee(s) will be at the sole discretion of ConnectPal, but it shall never exceed $30.00 per each individual credit card chargeback/dispute. For clarity regarding the Dispute Fee for excessive chargebacks/disputes, ConnectPal considers the term “excessive” to be more than 3 chargebacks/disputes in any 30-day period, and/or 6 chargebacks/disputes in any 90-day period. The Dispute Fee(s) will be in addition to any bank charges that also apply for credit card chargebacks/disputes. Dispute Fees and bank charges are not subject to audit. In agreeing to these Terms you affirm and agree that have read and understood the foregoing.

ii. Payment Procedure for Revenue Share Earnings and Contributions

If you, as a Profile Owner, qualify for a payment as established by these Terms, you will receive an email from ConnectPal summarizing your Revenue Share and Contribution Earnings (if any). Only Profile Owners who meet the $200 Minimum and are due a payment as per these Terms will receive a ConnectPal Payout Email. The ConnectPal Payout Email will be sent to the email account on file on the profile owner’s account. The ConnectPal Payout Email will be sent within 2-3 business days after the last day of the preceding calendar month. The Payout Email will summarize the preceding month’s Revenue Share, Contribution Earnings (if any), and the total payment due the Profile Owner. The ConnectPal Payout Email will also summarize the total amount of money that is deducted for credit card disputes and/or chargebacks as well as the corresponding bank charges and dispute fees - the deduction amount will be listed as one total deduction amount, and this deduction amount is not subject to itemization and/or audit. Profile owners should allow up to seven (7) business days after receiving their ConnectPal Payout Email for their money to clear their banking institution and to show up on their banking or PayPal statement.

e. Minimum Revenue Share Earnings and Termination

i. Required $200 Minimum Threshold, Revenue Share Earnings

If you do not surpass the $200 Minimum threshold in Revenue Share earnings from Active Subscribers as measured on the last day of the calendar month (as described and defined in these Terms), ConnectPal reserves the right to terminate your account in its sole discretion. Any unpaid Revenue Share earnings associated with your terminated account are payable to ConnectPal and collected as a Hosting Fee associated with ConnectPal’s overhead related to the hosting of your account and content, and payment processor fees, among others. Notwithstanding the foregoing, ConnectPal reserves the right to refund any unpaid Revenue Share earnings to you in its sole discretion.

ii. Termination of Contributing Profile Owners

ConnectPal reserves the right to cancel, lock, terminate, and/or delete your contributing profile account at any time, without notice, if we believe they have violated these Terms for any reason whatsoever. If you are terminated for actual or suspected violation of these Terms, you will not be entitled to a refund. While ConnectPal may inform you of the reason for cancellation, locking, terminating, and/or deleting your profile, it is under no obligation to inform. Any Revenue Share earnings for the calendar month in which termination of your account is effective are payable to ConnectPal and collected as a Hosting Fee associated with ConnectPal’s overhead related to the hosting of your account and content, and payment processor fees, among others. Notwithstanding the foregoing, ConnectPal reserves the right to refund any unpaid Revenue Share earnings to you in its sole discretion.

If your profile owner account has 5 or more Active Subscriptions, but you have not posted any new Content within 24 hours after receiving your 5th paying subscriber, then ConnectPal reserves the right in its sole discretion to cancel, lock, terminate and/or delete your account. Any Revenue Share earnings for the calendar month in which termination of your account is effective are payable to ConnectPal and collected as a Hosting Fee associated with ConnectPal’s overhead related to the hosting of your account and content, and payment processor fees, among others. Notwithstanding the foregoing, ConnectPal reserves the right to refund any unpaid Revenue Share earnings to you in its sole discretion.

If your account has 10 days of inactivity and/or no new Content has been posted, then ConnectPal reserves the right in its sole discretion to lock and/or delete the account and any Revenue Share earnings for the calendar month in which termination of your account is effective are payable to ConnectPal and collected as a Hosting Fee associated with ConnectPal’s overhead related to the hosting of your account and content, and payment processor fees, among others. Notwithstanding the foregoing, ConnectPal reserves the right to refund any unpaid Revenue Share earnings to you in its sole discretion.

As an exception to the foregoing, users who maintain owner accounts are able to place their accounts on away mode. Away mode is a voluntary option, and all subscribers to the account will be notified. Billing will also be suspended while an account is on away mode.

If you create an account that fails to surpass the $200 Minimum threshold in a calendar month (as described and defined in these Terms), ConnectPal reserves the right in its sole discretion to block or disable access to the account. Any Revenue Share earnings for the calendar month in which termination of your account is effective are payable to ConnectPal and collected as a Hosting Fee associated with ConnectPal’s overhead related to the hosting of your account and content, and payment processor fees, among others. Notwithstanding the foregoing, ConnectPal reserves the right to refund any unpaid Revenue Share earnings to you in its sole discretion.

ConnectPal will not make a payout to a profile account owner unless that profile owner has completed at least 30 days in good standing, and the account must surpass the $200 Minimum threshold in sales from Active Subscribers as measured at the end of the calendar month for a payout to occur. ConnectPal reserves the right in its sole discretion to make a payout (if any) to a profile owner before the 30-day good standing period has ended.

While ConnectPal may inform you of the reason for cancellation, locking, and/or deleting your profile, it is under no obligation to inform.

Upon request, you are required to provide a state driver’s license and/or passport to the site. If asked by ConnectPal for this identification which may be requested for any reason, you must provide the requested verification within 72 hours. If verification is not provided within 72 hours, your account may be locked and/or deleted and any Revenue Share earnings for the calendar month in which termination of your account is effective are payable to ConnectPal and collected as a Hosting Fee associated with ConnectPal’s overhead related to the hosting of your account and content, and payment processor fees, among others. Notwithstanding the foregoing, ConnectPal reserves the right to refund any unpaid Revenue Share earnings to you in its sole discretion.

If your account has been locked, deleted, or terminated by ConnectPal, you are prohibited from creating or establishing a new account in any capacity on the site. You are similarly barred from utilizing any other name, moniker, or mark to establish a new account on the site. If ConnectPal discovers account creation contrary to this clause and these Terms, it may immediately terminate said account without any prior notice. ConnectPal may, in its sole discretion, prosecute any violations of this clause to the fullest extent of the law.

VII. Intellectual Property

Content on the site is provided to you “as is” for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes without the prior written consent of its respective owner. ConnectPal reserves all rights not expressly granted in and to the site and the Content. You expressly agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein; including any copying, use, or distribution of Content of third-parties obtained through the site for any commercial purpose. If you do download or create a copy of the Content for personal use and enjoyment, you must retain all copyright and other proprietary noticed contained therein.

VIII. Copyright Infringement and Claims Thereof

  1. Digital Millennium Copyright Act (DMCA) Policy

    1. Notice. If you are a copyright owner or an agent of the copyright owner, and believe your work has been copied in a way that constitutes infringement on the site or via the services offered through the site, you may submit a copyright infringement notification as set forth in the Digital Millennium Copyright Act ("DMCA"). In issuing such a notice, you are required to provide the following information in writing to [email protected], or our designated agent listed below:

      1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
      2. Identification of the copyrighted work that you claim has been infringed, or, if the claim involves multiple works, a representative list of such works;
      3. Identification of the material that you claim to be infringing in a manner reasonably sufficient to to permit the service provider to locate the material on the site;
      4. Adequate information by which we may contact you, such as your address, telephone number, and email address;
      5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
      6. A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
    2. Please be aware that if you knowingly misrepresent that material or an activity on the site is infringing your copyright, you may be held liable for damages, including costs and attorneys' fees, under Section 512(f) of the DMCA.

    3. Designated Agent. Our designated Copyright Agent to receive notices of infringement is:

      Vaughn M. Greenwalt
      21550 Oxnard Street, Suite 760
      Woodland Hills, CA 91367
      [email protected]
      Fax: (818) 704-9372

      DO NOT SEND ANY OTHER INQUIRIES TO OUR DMCA AGENT. SEND ALL OTHER INQUIRIES TO: [email protected]

    4. Counter-Notice. If you believe that your content that was removed, or access that was disabled, is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to law, to post and use your Content, you may send a counter-notification containing the following information to the Copyright Agent:

      1. Our physical or electronic signature;
      2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed;
      3. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
      4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged agreement.
    5. If a counter-notification is received by ConnectPal's Copyright Agent, ConnectPal may send a copy of the counter-notification to the original complainant informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member, or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the county-notification, at the site's sole discretion. Please be aware that if you knowingly misrepresent that material or an activity on the Site was removed or disabled by mistake or misidentification, you may be liable for damages, including costs and attorneys' fees, under Section 512(f) of the DMCA.

  2. Repeat Infringer Policy. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating and/or disabling, in appropriate circumstances and at our sole discretion, the accounts of users who are deemed to be repeat infringers. Any user/submitter that has provided Content to the site that becomes the subject of three (3) DMCA notifications will be considered a "Repeat Infringer" by ConnectPal, and will be terminated therefrom. We may also at our sole discretion limit access to the site, terminate and/or disable the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

IX. 18 U.S.C. 2257 Statement

ConnectPal is not a producer (primary or secondary) of any and all of the content found on the site (ConnectPal.com). With respect to the records as per 18 U.S.C. 2257 for any and all content found on this site, please kindly direct your request to the account holder from which the content was produced or distributed.

ConnectPal is a content sharing site that allows for the uploading, sharing, and general viewing of various types of legal content and while ConnectPal does the best it can to verify compliance, it may not be 100% accurate.

ConnectPal abides by the following procedures to ensure compliance:

  • Requiring all users to be 18 years of age to upload any legal content;
  • Requiring all users to agree to these Terms which dictate that the user must verify the content, assure that he/she is 18 years of age, certify that he/she keeps records of the models in the Content and that they are over 18 years of age.

For further assistance and/or information in finding the Content’s originating site or distributer, please contact ConnectPal’s compliance team at [email protected].

ConnectPal allows and encourages users to report questionably inappropriate Content. Should any content be reported as illegal, unlawful, harassing, harmful, offensive, or various other reasons, ConnectPal shall remove it from the site without delay.

Users of ConnectPal who come across such content are urged to report it as inappropriate.

X. Limitation of Liability

THE WORLD IS AN IMPERFECT PLACE AND DISPUTES CAN ARISE. EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, IF A DISPUTE ARISES WITH ONE OR MORE USERS, YOU AGREE TO INDEMNIFY AND RELEASE CONNECTPAL, ALONG WITH ANY AND ALL ASSOCIATED OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES FROM ALL CLAIMS, DEMANDS AND DAMAGES, BOTH ACTUAL AND CONSEQUENTIAL, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. FURTHERMORE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU AGREE TO INDEMNIFY AND RELEASE CONNECTPAL, ALONG WITH ANY AND ALL ASSOCIATED OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES FROM THE FOLLOWING:

  • ALL COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM ANY AND ALL USE AND ACCESS, OR INABILITY TO USE OR ACCESS THE SITE, YOUR ACCOUNT, YOUR SUBSCRIPTIONS AND THE CONTENT AND SERVICES;
  • VIOLATION OF ANY CLAUSE OF THESE TERMS;
  • VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT;
  • IN NO EVENT SHALL CONNECTPAL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO CONNECTPAL, THE CONTENT AND SERVICES, THE SUBSCRIPTIONS, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE THE CONENT AND SERVICES, SUBSCRIPTIONS OR ANY INFORMATION, EVEN IN THE EVENT OF CONNECTPAL’S FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR BREACH OF CONNECTPAL’S WARRANTY AND EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND LIABILITY EXCLUSIONS APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE RECOMPENSE.
  • ANY CLAIM THAT A USER’S CONTENT CAUSED DAMAGE TO A THIRD PARTY.

THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE SERVICE.IF YOU HAPPEN TO RESIDE IN THE STATE OF CALIFORNIA, YOU ARE AGREEING TO WAIVE ANY LIABILITY UNDER CALIFORNIA CIVIL CODE §1542, WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

CONNECTPAL WILL NOT BE HELD RESPONSIBLE FOR OTHER USER’S CONTENT OR DIGITAL GOODS, ACTIONS OR INACTIONS, OR ITEMS THEY LIST.

IN NO EVENT SHALL CONNECTPAL, ALONG WITH ANY AND ALL ASSOCIATED OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES’ LIABILITY FOR YOUR USE OF THE SITE PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR YOUR USE OF THE SITE. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

IF FOR ANY REASON A COMPLETE CALENDAR MONTH CANNOT BE COMPLETED BY THE SITE OR THE USER, SUCH PAYMENTS SHALL BE FORFEITED AND WILL REMAIN THE PROPERTY OF THE SITE.

IF CONNECTPAL IS UNABLE TO PROCESS ANY SUBSCRIBER PAYMENTS THROUGH NO FAULT OF ITS OWN, AND DESPITE ITS BEST EFFORTS, CONNECTPAL WILL NOT BE LIABLE FOR ANY AMOUNT NOT ACTUALLY RECEIVED BY CONNECTPAL.

IN ACCESSING THE SITE AND AGREEING TO THESE TERMS YOU AFFIRM AND AGREE THAT YOU HAVE READ AND UNDERSTOOD THE FOREGOING.

XI. Force Majeure

ConnectPal undertakes to ensure maximum availability of the site. Excluded from this are periods during which the site servers are not accessible due to circumstances which do not fall within the responsibility of ConnectPal. Also excluded are periods of maintenance during which accessing the site’s servers is not possible. ConnectPal is not liable for any defects which are caused by external events, handling errors by the user or participant, force majeure, or by manipulations which are not carried out by ConnectPal or which cannot be attributed to ConnectPal.

To the maximum extent permitted by applicable law, ConnectPal will not be liable for any specific, incidental, indirect, or consequential damage, arising out of the user or inability to use this site. This limitation remains valid even if ConnectPal has previously advised of the possibility of such damage.

If for any reason a complete calendar month cannot be completed by the site or the user, payments from the final calendar month shall be forfeited and will remain the property of the site. In accessing the site, you affirm and agree that you have read and understood the foregoing.

XII. Assignment

These Terms contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the site without restriction.

XIII. CLAIMS AND LEGAL ACTIONS

a. INDIVIDUAL BINDING ARBITRATION OF CLAIMS

i. Agreement to Arbitrate Claims

You and ConnectPal agree that, except for disputes that qualify for small claims, any controversy or claim arising out of or related to these Terms, any aspect of the relationship between us, your use of the site, or any provision of services by ConnectPal, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration (the “Agreement”). This Agreement to arbitrate applies regardless of whether such claims are based in law or equity, in contract, tort, statute, fraud, unfair competition, misrepresentation, or any other legal theory.

This section shall apply to the maximum extent permitted by applicable law. If the laws of the jurisdiction in which you reside prohibit the application some or all of the provisions of this section, such provisions will not apply to you.

An arbitration is a proceeding before a neutral arbitrator, instead of a judge or jury. Arbitration is less formal than an action in court, provides for more limited discovery, and is subject to limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. Each party has an opportunity to present evidence to the arbitrator in writing. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in these Terms.

You and ConnectPal agree that their sole relationship is a contractual one governed by the Terms. Any controversy or claim arising out of or related to these Terms, the site, or any provision of services by ConnectPal shall be resolved solely based on the agreements set forth in these Terms.

a. AAA Arbitration

Any arbitration between you and ConnectPal shall be conducted by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “Rules”). Judgment on the award may be entered in any court of competent jurisdiction. The Rules, including instructions for how to initiate arbitration, are available at http://www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator shall decide all issues of the case on the basis of the applicable law, not equity. If you initiate arbitration, you must serve ConnectPal’s registered agent for service of process, United States Corporation Agents, Inc., which has locations in every state.

Any arbitration under this Agreement will take place on an individual basis; class, mass, consolidated or combined actions or arbitrations or proceeding as a private attorney general are not permitted. You and ConnectPal are each waiving the right to trial by jury. You and ConnectPal are further giving up the ability to participate in a class, mass, consolidated or combined action or arbitration.

b. Location of Arbitration/Arbitrator/Cost of Arbitration/Governing Law/Survival

Any Arbitration between you and ConnectPal shall take place in the county where you reside and will be determined by a single arbitrator.

If you are required to pay a filing fee or any other administrative fee by the AAA Rules, such fee shall be paid by you to the extent such fee does not exceed the amount of the fee required to commence a similar action in a court that otherwise would have jurisdiction. For all non-frivolous and proper complaints (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), ConnectPal will pay the amount of such fee in excess of that amount. The arbitrator will allocate the administrative costs and arbitral fees consistent with the applicable rules of the American Arbitration Association. Reasonable attorney’s fees and expenses will be allocated or awarded only to the extent such allocation or award is available under applicable law.

All issues are for the arbitrator to decide, except that issues relating to the scope, application, or enforceability of the arbitration provision are for a court to decide. The Federal Arbitration Act governs the interpretation and enforcement of this provision. This agreement to arbitrate shall survive termination of the Terms.

c. Statutes of Limitations

No demand for arbitration may be made after the date when the institution or legal proceedings based on such claim or dispute would be barred by the applicable statute of limitations.

d. Arbitration Procedure

Unless you and ConnectPal agree otherwise, for all disputes concerning an amount less than fifteen thousand dollars ($15,000.00), the parties shall submit their arguments and evidence to the arbitrator in writing and the arbitrator shall make an award based only on the documents. The arbitrator will not hold a hearing unless, upon request of a party, the arbitrator in its discretion decides a hearing is necessary. If your claim exceeds fifteen thousand dollars ($15,000.00) your right to a hearing will be determined by the AAA Rules. For claims over $15,000.00, ConnectPal shall pay your filing fee under the AAA Rules, provided that you agree that both parties shall submit their arguments and evidence to the arbitrator in writing and that the arbitrator shall make an award based only on the documents, without a hearing being held. Notwithstanding this provision, the parties may agree to proceed with arbitration without a hearing at any time. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

e. Exceptions - Access to Small Claims Courts, Injunctions, Intellectual Property

All parties shall retain the right to seek adjudication and bring an individual action in small claims court, for individual disputes within the scope of such court’s jurisdiction.

All parties retain the right to adjudicate in any court of competent jurisdiction, disputes related to claims of infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents), including such claims seeking injunctive relief.

f. Award

The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; such award or judgment cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, unless a brief explanation of the reasons is requested by one of the parties, the arbitrator will not provide a statement of reasons for his or her award. The arbitrator may not consolidate more than one person’s claims, unless you and ConnectPal agree otherwise, and the arbitrator may not otherwise preside over any form of a representative, private attorney general or class proceeding.

If you prevail in arbitration, you will be entitled to an award of attorney’s fees and expenses, to the extent permitted under applicable law. ConnectPal will not seek, and hereby waives all rights ConnectPal may have under applicable law to recover attorney’s fees and expenses if ConnectPal prevails in arbitration.

g. Confidentiality of Arbitration

Notwithstanding anything to the contrary in the AAA Rules, you and ConnectPal agree that the filing of arbitration, the arbitration proceeding, any documents exchanged or produced during the arbitration proceeding, any briefs or other documents prepared for the arbitration, and the arbitral award shall all be kept fully and completely confidential and shall not be disclosed to any other party, except to the extent necessary to enforce this arbitration provision, arbitral award or other rights of the parties, or as required by law or court order. This confidentiality provision does not foreclose the American Arbitration Association from reporting certain consumer arbitration case information as required by state law.

h. Acknowledgements

You and ConnectPal acknowledge and agree that pursuant to these Terms:

  1. YOU AND CONNECTPAL AGREE THAT WE ARE WAIVING THE RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST YOU, CONNECTPAL, OR ANY RELATED THIRD PARTIES;
  2. YOU AND CONNECTPAL AGREE THAT WE ARE WAIVING THE RIGHT TO HAVE A COURT, OTHER THAN A STATE SMALL CLAIMS COURT AS DEFINED ABOVE, RESOLVE ANY DISPUTE ALLEGED AGAINST YOU, CONNECTPAL, OR RELATED THIRD PARTIES;
  3. YOU AND CONNECTPAL AGREE THAT WE ARE WAIVING THE RIGHT TO HAVE A COURT REVIEW ANY DECISION OR AWARD OF AN ARBITRATOR, WHETHER INTERIM OR FINAL, EXCEPT FOR APPEALS BASED ON THOSE GROUNDS EXPRESSLY SET FORTH IN SECTION 10 OF THE FEDERAL ARBITRATION ACT;
  4. YOU AND CONNECTPAL AGREE THAT WE ARE WAIVING THE RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER CAPACITY, JOIN AS A CLASS MEMBER, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY CLASS, MASS, CONSOLIDATED OR COMBINED ACTION OR ARBITRATION FILED AGAINST YOU, CONNECTPAL, AND/OR RELATED THIRD PARTIES.

i. Demand of Arbitration - Notification

You and ConnectPal agree to make reasonable, good faith efforts to informally resolve any dispute before demanding and initiating arbitration. If either you or ConnectPal intends to seek arbitration, the party seeking arbitration must first send the other party a written notice that describes the nature and the basis of the claim or dispute, as well as setting forth the relief sought. If you and ConnectPal do not agree to resolve the claim or dispute within 30 days after the notice is received, you or ConnectPal may proceed with arbitration. Written notice to ConnectPal must be given by first class mail or pre-paid post to ConnectPal 333 Las Olas Way, CU3 #306, Fort Lauderdale, FL 33301. ConnectPal may give notice by means of electronic mail to your email address listed in your account, or by written communication sent by first class mail or pre-paid post to your address in your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). Any claim or dispute shall be extinguished unless you or ConnectPal complies with this “Demand of Arbitration – Notification” clause.

j. Changes

Notwithstanding any of the modification-related provisions contained in these Terms, if ConnectPal changes this “Claims and Legal Actions” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing ConnectPal with written notice of such rejection by mail or hand delivery to: ConnectPal 333 Las Olas Way, CU3 #306, Fort Lauderdale, FL 33301, or to email from the address associated with your account to [email protected] within 30 days of the date such change became effective, as indicated in the “Last Update” date below. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Claims and Legal Actions” section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and ConnectPal in accordance with the provisions of this “Claims and Legal Actions” section as of the date your first accepted these Terms (or accepted any subsequent changes to these Terms). Alternatively, if you have not previously accepted Terms containing an arbitration provision, your rejection (within 30 days such Terms became effective as described above) of this “Claims and Legal Actions” section will not bind you to this arbitration Agreement.

Any changes that are made to the Terms of this “Claims and Legal Actions” section will not apply retroactively, and will not apply to any dispute of which both parties had actual notice on or prior to the date of the change or amendment.

k. Severability

Notwithstanding anything to the contrary in the AAA Rules, if any part of this arbitration provision is deemed invalid or ineffective for any reason, this shall not affect the validity or enforceability of the remainder of this arbitration provision, and the arbitrator shall have the authority to amend any provisions deemed invalid or ineffective to make the same valid and enforceable.

XIV. Feedback

Feedback from our users is encouraged, as it helps us to fine tune the best quality product possible. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that 1. your Feedback does not contain the confidential or proprietary information of third parties, 2. we are under no obligation of confidentiality, express or implied, with respect to the Feedback, 3. we may have something similar to the Feedback already under consideration or in development, and 4. you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against us and our users any claims and assertions of any moral rights contained in such Feedback.

XV. Indemnity

You agree to indemnify and hold ConnectPal and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorney’s fees), arising out of or in connection with: (i) your use of the site or services obtained through your use of the site; (ii) your breach or violation of any of these Terms; (iii) ConnectPal’s use of your Content; or (iv) your violation of the rights of any third party, including third party providers.

As a Content contributor, for each piece of Content that you contribute, you agree to indemnify, defend, and hold harmless ConnectPal against all claims, liabilities, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any claim that such Content infringes upon any third party’s rights or intellectual property.

XVI. Notice

ConnectPal may give notice by means of a general notice on the site, electronic mail to your email address listed in your account, or by written communication sent by first class mail or pre-paid post to your address in your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to ConnectPal with such notice deemed given when received by ConnectPal, at any time by first class mail or pre-paid post to ConnectPal 333 Las Olas Way, CU3 #306, Fort Lauderdale, FL 33301

XVII. WARRANTY DISCLAIMER

BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE THAT USE OF THE SITE AND ALL SERVICES RENDERED THEREIN SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CONNECTPAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. CONNECTPAL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING:

  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY,
  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES,
  • ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. CONNECTPAL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CONNECTPAL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. EXERCISING CAUTION AND UTILIZING YOUR BEST JUDGMENT IS IMPERATIVE WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT.

ConnectPal does not transfer legal ownership of items from the seller to the buyer or Content provider to subscriber. To the extent Digital Goods sold pursuant to these Terms are deemed to be “goods,” as defined in California Commercial Code §2105, California Commercial Code §2401(2) and Uniform Commercial Code § 2-401(2) such definitions will apply to the transfer of ownership of goods between the buyer and the seller and/or Content provider and subscriber, unless the buyer and the seller or Content provider and subscriber agree otherwise. ConnectPal also cannot guarantee continuous or secure access to the site, service or tools, and operation of the site, service or tools may be interfered with by numerous factors outside of our control.

XVIII. Changes and Amendments

ConnectPal may amend these Terms at any time. The right to amend these Terms includes the right to modify, add to, or remove clauses in these Terms. Except as otherwise stated in these Terms, all amended terms shall be effective immediately after they are posted. Additionally, a notice of change in Terms will be provided to you upon your access to the site after the Terms have been updated. At this time, you will be asked to read and affirmatively accept the amended Terms by clicking an “I accept” or “I agree” box, or you may decline to accept the amended Terms. If you do not accept the amended Terms, you will be denied access to the site, and your relationship will be governed by the Terms as they existed at the time of your first acceptance of these Terms (or accepted any subsequent changes to these Terms). Regardless of our efforts to provide reasonable notice of any change in Terms, you should review these Terms periodically.

Any changes that are made to these Terms will not apply retroactively, and will not apply to any dispute of which both parties had actual notice on or prior to the date of the change or amendment.

These Terms, and all policies set forth the entire understanding and agreement between you and ConnectPal, and supersede all prior understandings and agreements of the parties.

XIX. No Waiver / Severability

No action of ConnectPal, other than an express written Waiver or Amendment, may be construed as a waiver or amendment of these Terms. Should any clause of these Terms be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

Last Update: September 13, 2016