PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT (“TOS”) CAREFULLY. IF YOU DO NOT AGREE TO ANY OR ALL THE TERMS OF SEVICES AGREEMENT, YOU ARE NOT ALLOWED TO ACCESS THE SITE OR USE ANY OF THE SERVICES. BY ACCESSING OR USING OUR SITE AND/OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE ALL THE TERMS STIPULATED HEREIN BELOW AND INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMERTO READ THE TOS BEFORE PROCEEDING TO USE THIS SITE. THE TERM ‘YOU’, ‘USER’, ‘CUSTOMER’ OR ‘PROSPECTIVE CUSTOMER’ MAY HAVE BEEN USED INTERCHANGEABLLY IN THE TOS, HOWEVER SHALL REFER TO MEAN THE SAME.s
The TOS is a legally binding agreement that shall govern the relationship with the users and other legal entities which may interact or interface with the Cosmopolitan Consumer Group, LLC (the "Cosmopolitan Consumer Group"), in association with the use of their website, www.gd.afdblact.com/ (the “Site”) that is owned, operated or managed (as applicable) by Cosmopolitan Consumer Group along with related Services, as detailed out herein below.
The purpose of the Site is to incorporate news and information in addition to being a content driven website with respect to advertisement of products and services (“Services”). All visitors to our Site, despite whether they are registered or not, shall be deemed as “users” of the Site including the Services contained provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the Services provided and made available through our Site and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of the Cosmopolitan Consumer Group. The Cosmopolitan Consumer Group reserves the right and discretion to offer additional website Services and/or products, or update, modify or revise any current content on the Site and/or Services, and accordingly the terms of this TOS shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services or Site unless otherwise stipulated. The Cosmopolitan Consumer Group does hereby reserve the right to cancel and cease offering any of the Services and/or products. You, as the user and/or member, acknowledge, accept, and agree to not hold the Cosmopolitan Consumer Group liable in any manner whatsoever, for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Site, Services and/or products. Your continued use of the Site and/or Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such you hereby acknowledge and agree to periodically review the TOS and any and all applicable terms and policies that are incorporated herein by reference thereby ensuring you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the Site and/or provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the use of Site and Services offered shall be provided “AS IS” and as such the Cosmopolitan Consumer Group shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user and/or member content, communication or personalization settings.
To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving the Cosmopolitan Consumer Group’ Services under the laws and statutes of the United States or other applicable jurisdiction.
To access some features of the Services, you may be required to register for an account. When you register for an account, the Site may request you to surface in certain personal identifying information, including but not limited to your email address and other contact information, in order to create a username and password (“Registration Information”). When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information as requested. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from the Cosmopolitan Consumer Group for any purpose.
When you register, the Cosmopolitan Consumer Group may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, the Cosmopolitan Consumer Group will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the TOS, and as such refuse any and all current or future use of the Cosmopolitan Consumer Group Site and/or Services, or any portion thereof.
It is the Cosmopolitan Consumer Group ‘s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the Cosmopolitan Consumer Group Site or Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, the individual is thereby granting permission for their child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for their child.
Every user or member’s registration data and various other personal information are strictly protected by the Cosmopolitan Consumer Group in accordance with the Online Privacy Policy accessible via following link at https://gd.afdblact.com/privacypolicy. As a user and/or member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by the Cosmopolitan Consumer Group.
Advice from Third Parties. Some of the Services involve advice from third parties and third-party content. You agree that any such advice and content is provided for information, education, and entertainment purposes only, and does not constitute legal, financial, tax planning, medical, or other advice from the Cosmopolitan Consumer Group. You agree that Cosmopolitan Consumer Group is not liable for any advice provided by third parties. You agree that you are responsible for your own financial research and financial decisions, and that the Cosmopolitan Consumer Group is not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on information you receive as a user or member of the Cosmopolitan Consumer Group.
Sharing Information with Third Parties. By using the Services, you agree that Cosmopolitan Consumer Group may collect, store, and transfer information on your behalf, and at your request. You agree that your decision to make available any sensitive or confidential information to third parties while using the Site and/or Services is your sole responsibility and at your sole risk. The Cosmopolitan Consumer Group has no control and makes no representations as to the use or disclosure of information provided to third parties. You agree that these third-party services are not under the Cosmopolitan Consumer Group’ control, and that the Cosmopolitan Consumer Group is not responsible for any third party’s use of your information.
The Cosmopolitan Consumer Group Does Not Endorse Third Parties. The Services may contain links to third party websites and services. The Cosmopolitan Consumer Group provides such links as a convenience and does not control or endorse these websites and services. You acknowledge and agree that the Cosmopolitan Consumer Group has not reviewed the content, advertising, products, services, or other materials that appear on such third-party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party websites or services.
You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, you are required to ensure that you do not to share your Registration Information with anyone else. The Cosmopolitan Consumer Group shall not be liable for any actions or omission due to breach by you of aforementioned responsibility. If you have reason to believe that your account is no longer secure, you must immediately notify us by sending us an email to CustomerSupport@insurancehealth.club. The Cosmopolitan Consumer Group shall not be held liable for any loss and/or damage arising to user from any failure to comply with this term and/or condition of the TOS.
You agree not to:
The Cosmopolitan Consumer Group herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Site or Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.
The Cosmopolitan Consumer Group herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
The Cosmopolitan Consumer Group herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by the Cosmopolitan Consumer Group or any other content providers supplying content services to the Cosmopolitan Consumer Group. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Site or Services, despite whether done so in whole or in part, is expressly prohibited.
The Cosmopolitan Consumer Group shall not lay claim to ownership of any content submitted by any visitor, member, or user. Therefore, you hereby grant and allow for the Cosmopolitan Consumer Group the worldwide, royalty-free, irrevocable and non-exclusive licenses for use by the Cosmopolitan Consumer Group in accordance with the conditions of TOS. Those areas which may be deemed “publicly accessible” areas of the Cosmopolitan Consumer Group ‘s sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.
The Cosmopolitan Consumer Group provides an area for our users and members to contribute feedback on the Site. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
You agree that you will be personally responsible for your use of the Site and Services, and you agree to defend, indemnify, and hold harmless the Cosmopolitan Consumer Group from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site and Services; (ii) your violation of the TOS or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. The Cosmopolitan Consumer Group reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any reason, any part, use of, or access to the Cosmopolitan Consumer Group’ Sites and/or Services.
You herein acknowledge that the Cosmopolitan Consumer Group may set up any such practices and/or limits regarding the use of our Site and Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by the Cosmopolitan Consumer Group , nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on the Cosmopolitan Consumer Group ‘s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that the Cosmopolitan Consumer Group has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time in accordance with the applicable law. Furthermore, the Cosmopolitan Consumer Group shall reserve the right to modify, alter and/or update these general practices and limits at its’ discretion.
The Cosmopolitan Consumer Group shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, the Site, Services, or any part thereof, with or without prior notice. In addition, it shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Site and/or Services, or any part thereof.
As a member of insurancehealth.club, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to terminate@insurancehealth.club.
As a member, you agree that the Cosmopolitan Consumer Group may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of the Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at the Cosmopolitan Consumer Group’ sole discretion and that it shall not be liable to you or any other third party with regards to the termination of member’s account, associated email address and/or access to any of the Services.
The termination of member’s account with insurancehealth.club shall include any and/or all of the following:
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through the Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that the Cosmopolitan Consumer Group shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on the Site.
Either the Cosmopolitan Consumer Group or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that the Cosmopolitan Consumer Group is not responsible for the availability of any such external sites or resources, and as such, it does not endorse nor are responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that the Cosmopolitan Consumer Group shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that the Cosmopolitan Consumer Group ‘s Site and Services and any essential software that may be used in connection with our Site and/or Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by the Cosmopolitan Consumer Group or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Cosmopolitan Consumer Group Services (e.g., content or Software), in whole or part.
The Cosmopolitan Consumer Group herein has grants you a personal, non-transferable, revocable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software or the source-code therein, in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access the Site or Services through any means other than through the interface which is provided by the Cosmopolitan Consumer Group for use in accessing the Site and Services.
The Services are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although the Cosmopolitan Consumer Group seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Services, and there may at times be inadvertent technical or factual errors or inaccuracies.
a) No Warranties. Cosmopolitan Consumer Group, LLC specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Services. Cosmopolitan Consumer Group, LLC is not responsible for the loss of, damage to, or unavailability of any information you have made available through the Services, and you are solely responsible for ensuring that you have backup copies of any information you have made available through the Services.
b) No Guarantee of Accuracy. The Cosmopolitan Consumer Group does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Services.
c) Services Provided for Informational Purposes. The information provided through the Services is provided solely for informational, educational, or entertainment purposes. The Cosmopolitan Consumer Group and the Services are not endorsed by or affiliated with FINRA, and the Cosmopolitan Consumer Group is not a financial institution or insurance provider. The Cosmopolitan Consumer Group makes no representations, warranties, or guarantees, express or implied, regarding the results or savings that may be obtained through the use of the Services. Before making any financial decisions or implementing any financial strategy, including recommendations of third parties identified through the Services, the Cosmopolitan Consumer Group recommends that you obtain additional information and advice of accountants or other financial advisors who are fully aware of your individual circumstances.
d) No Warranties Regarding Third Parties. The Cosmopolitan Consumer Group makes no representations, warranties, or guarantees, express or implied, regarding any third-party service or advice provided by a third party, or any quotes or offers provided through the Services. The Cosmopolitan Consumer Group does not endorse any particular advisor or other third party. The Cosmopolitan Consumer Group acts solely as an intermediary between you and third-party service providers and expressly disclaims any and all liability for any content, products, or services provided by such service providers. See above, for more information regarding third parties and third-party services.
In no event will the Cosmopolitan Consumer Group be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not the Cosmopolitan Consumer Group has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
In the event you have a dispute with third party, you agree to release and hold harmless, the Cosmopolitan Consumer Group (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
Should you intend to create or to join any service, receive or request any such news, messages, alerts, or other information through the use of Services concerning companies, stock quotes, investments, or securities, then the above Sections referring to Warranty, Disclaimers and Limitations of Liability shall be equally applicable. In addition, for this information, the concept of “Let the investor beware” is applicable and accordingly the Cosmopolitan Consumer Group’ content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. The Cosmopolitan Consumer Group and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, WITH EXPCETIONS TO SUCH JURISDICTIONS THE ABOVE SECTIONS STIPULATINGWARRANTY, DISCLAIMERS AND LIMITATION OF LIABILITY SHALL APPLY TO YOU.
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
The Cosmopolitan Consumer Group may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Site or Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the Cosmopolitan Consumer Group trademarks, copyright, trade name, service marks, and other Cosmopolitan Consumer Group logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of the Cosmopolitan Consumer Group You herein agree not to display and/or use in any manner the Cosmopolitan Consumer Group logo or marks without obtaining the Cosmopolitan Consumer Group ‘s prior written consent.
The Cosmopolitan Consumer Group will always respect the intellectual property of others, and request that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, the Cosmopolitan Consumer Group may disable and/or terminate the accounts of any user or member who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide and share the following information:
The Cosmopolitan Consumer Group Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
30 N Gould St Sheridan WY 82801 Suite N
This TOS constitutes the entire agreement between you and the Cosmopolitan Consumer Group and shall govern the use of our Site and Services, superseding any prior version of this TOS. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Cosmopolitan Consumer Group Services, affiliate Services, third-party content or third-party software.
In the interest of resolving disputes between you and the Cosmopolitan Consumer Group in the most expedient and cost-effective manner, you and the Cosmopolitan Consumer Group agree to resolve disputes through binding arbitration or small claims court through appointment of neutral arbitrator (“Agreement to Arbitrate”). Any arbitration under these TOS will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award Savings (including monetary, injunctive, and declaratory Savings) only in favor of the individual party seeking Savings and only to the extent necessary to provide Savings necessitated by that individual party’s claim(s) which shall be final and binding.
a) Claims to Be Resolved by Binding Arbitration. You agree to arbitrate all disputes and claims against the Cosmopolitan Consumer Group. The Agreement to Arbitrate is intended to be broadly interpreted. It includes but is not limited to: claims arising out of or relating to any aspect of the relationship between governed under this TOS, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these TOS.
b) Exceptions. Notwithstanding Section (A) {above}, you and the Cosmopolitan Consumer Group agree that no statement herein shall be deemed to waive, preclude, or otherwise limit either party’s right to (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive Savings in any competent court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.
c) Arbitrator. Any arbitration between you and the Cosmopolitan Consumer Group will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Cosmopolitan Consumer Group.
d) Notice and Process. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Cosmopolitan Consumer Group should be addressed to: Cosmopolitan Consumer Group, Inc., 8 The Green Suit A, Dover, Delaware 19901 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific Savings sought (“Demand”). If you and Cosmopolitan Consumer Group do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Cosmopolitan Consumer Group may commence an arbitration proceeding.
e) Fees. In the event that you commence arbitration in accordance with these Terms, Cosmopolitan Consumer Group will, at your request, reimburse you for your payment of the arbitration filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any request for payment of fees by Cosmopolitan Consumer Group should be submitted by mail to the AAA along with your Demand for Arbitration and Cosmopolitan Consumer Group will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you agree to reimburse Cosmopolitan Consumer Group for all fees associated with the arbitration paid by Cosmopolitan Consumer Group on your behalf that you otherwise would be obligated to pay under the AAA’s rules. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. Any in-person arbitration hearings will take place at a location to be agreed upon in Los Angeles, CA. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
f) No Class Actions. Unless both you and Cosmopolitan Consumer Group agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
YOU AND Cosmopolitan Consumer Group AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
g) Opt-Out. If you are a new Cosmopolitan Consumer Group user, you can choose to reject the arbitration agreement contained in this Section (“opt-out”) by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept these TOS for the first time. You must mail the Opt-Out Notice to the Notice Address above. The Opt-Out Notice must contain your name, address (including street address, city, state, and zip code), and the username(s) and email address(es) associated with the Cosmopolitan Consumer Group account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the TOS will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with Cosmopolitan Consumer Group.
h) Modifications. If Cosmopolitan Consumer Group makes any future change to this Agreement to Arbitrate (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Notice Address provided above. You acknowledge and agree that, in the event you reject any future change, your account with Cosmopolitan Consumer Group shall be immediately terminated and you will arbitrate any dispute between us in accordance with the language of this provision.
i) Severability and Enforceability. If an arbitrator or court decides that any part of this Section is invalid or unenforceable, the other parts of this Section shall still apply. If the entirety of this Section is found to be unenforceable, then the parties agree that the exclusive jurisdiction and venue described herein shall govern any action arising out of or related to these terms, and that the remainder of the terms and conditions will continue to apply.
At any time, should the Cosmopolitan Consumer Group fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
If you have any questions or comments, please contact us at:
Phone: (855) 738-0882
Website: insurancehealth.club
Email: care@insurancehealth.club
Postal Address: Cosmopolitan Consumer Group, LLC. 30 N Gould St Sheridan, WY 82801