American Registry's Privacy Policy effective August 15, 2013

Our position on the privacy of customer information

American Registry is committed to protecting the confidentiality of any personal information our customers provide to us on our website www.theamericanregistry.com or www.americanregistry.com (the "American Registry Site") or in any other way. We strive to comply with all applicable privacy laws. Some personal customer information we do not share for marketing purposes under any circumstances and other personal customer information we may share (unless a customer asks us not to) with marketing partners as described in the section below entitled "Customer information that we may share for marketing purposes". Visit the American Registry Site and consider the quality recognition products that we offer with confidence that your private information is used appropriately by American Registry.

The focus of American Registry's business is recognizing excellence in businesses and business people and providing quality recognition products, not selling or renting personal customer information to others. We share customer information with outside parties only as described below and we never share information for marketing purposes about any customer that has asked us not to share his, her or its information. American Registry also never shares for any purposes certain personal customer information, such as credit card numbers or passwords.

Customer information that we collect as part of our regular business operations

Like every business that offers and sells products or services through a website, we collect personal information from customers and others in order to perform and administer our normal business operations. Personal customer information is information that can be used to contact, identify or locate you, such as, for example, an e-mail address, telephone number, shipping or billing address, as well as billing and credit card information. Your personal customer information allows us to do things like communicate with you about our products and offers, provide you with a superior customer experience and ship and bill your orders in accordance with your instructions and requests to the correct address and using the right credit card.

We receive and maintain any personal customer information that you enter on the American Registry Site, volunteer to us over the telephone or give us in any other way. We also maintain for marketing and customer service purposes some personal customer information that we obtain from publicly available records (such as telephone directories or comparable Internet directories) or other legally permitted sources, including third party data compilers or providers.

Cookies

We also use "cookies" and other technologies on the American Registry Site. Cookies are small pieces of information that our server places on a visitor's computer hard drive to enable that person to more easily communicate and interact with the American Registry Site and to provide us with important information on how visitors use the American Registry Site. For example, we will place a cookie on a visitor's computer when he/she visits the American Registry Site. The next time that person visits the American Registry Site using the same computer, our server will recognize the cookie and the visitor. Further, cookies and other technologies are used in email messages we send to help us measure the effectiveness of our advertising and how visitors use our site. Many Web browsers are automatically set to accept cookies. You may change your browser settings to either reject cookies or notify you when a cookie is about to be placed on your computer. Please note, however, that rejecting cookies while visiting the American Registry Site may result in certain parts of the American Registry Site not operating correctly or as efficiently as if they were allowed.

Customer information that we may have to share in the normal course of business and not for marketing purposes

We may disclose personal customer or user information as is usual or appropriate to help us administer, run or manage our business, including to fulfill customer orders and to enhance the experience of customers and other visitors to our website. As one example, we have to disclose a customer's name and address and other contact information to a freight or delivery company in order to ship a recognition product to a customer.

If we are required by subpoena, court order or other legal process to release personal customer or user information, then we will have to do so.

If American Registry merges with or is acquired by another company, then personal customer information will of course be transferred to or shared with the new or acquiring company. All customer or user information transmitted, submitted or provided to American Registry becomes the property of American Registry. However, if American Registry is sold to or acquired by another company, all customer or user information would then belong to the acquiring company. Advisors on any such transaction, such as lawyers, accountants and business consultants, may also have access to such customer information but will be subject to a duty of confidentiality or a confidentiality agreement or both.

Customer information that we may share for marketing purposes

The only customer information that American Registry may share with other parties for marketing purposes are name, business name, e-mail address, telephone number, and/or physical address.

American Registry will contact you by e-mail at the e-mail address we have for you in our records, to offer you American Registry products or services.

We also may send you emails on behalf of our strategic or business partners to offer you products or services that we and/or our strategic or business partners think may be of interest to you.

We also may share the name, business name, e-mail address, telephone number and/or the physical address that we have for you in our records with other companies or organizations that may contact you regarding products or services that we and/or they think may be of interest to you.

We do not share your customer information with outside companies or organizations that we do not consider one of our business or strategic partners.

While American Registry is not responsible for the privacy practices of any other parties, including those that we consider our business or strategic partners, we nevertheless try to make sure that any parties with which we share your information for marketing purposes comply with all applicable privacy laws.

We are also not responsible for customer information that you may provide to other companies or websites, even if this site contains links to any other websites.

You can notify American Registry at any time that you do not want your customer information shared for marketing purposes with any outside parties, including American Registry business or strategic partners, by sending an e-mail with your decision to American Registry at privacy@americanregistry.com. American Registry will always honor your request. However, it may take up to 10 business days to process your opt-out request. Please note that you may receive additional communications from us or an outside company after submitting your request if your personal information was selected from our database just prior to receiving and processing your request.

Your California Privacy Rights

Under California Civil Code section 1798.83A, certain businesses are required to disclose to its California customers, upon request, the identity of any third parties to whom the business has disclosed personal information within the previous calendar year, along with the type of personal information disclosed, for the third parties' direct marketing purposes.

If you are a California resident and would like to make such a request, please submit your request in writing to:
American Registry, LLC
1020 NW 6th Street, Unit D
Deerfield Beach, FL 33442
Attn: Legal - Privacy Issues
Email: privacy@americanregistry.com

Please note that under California law, businesses are only required to respond to a customer request once during any calendar year.

American Registry's simple opt-out policy

American Registry sends out product offerings and marketing messages by e-mail or fax correspondence, and we respect the privacy rights of the recipients by including a link in each email and a telephone and/or fax number in each fax that permits the recipient to opt-out from receiving any further communications from American Registry. If you do not wish to receive product offerings or marketing messages from American Registry via email or fax, please let us know by calling the telephone number or faxing the fax number provided in the fax, clicking on the unsubscribe link in any e-mail that you have received from American Registry, or by emailing American Registry at unsubscribe@americanregistry.com with your instructions.

If you do not want American Registry to share your information for marketing purposes with other parties, please contact us by e-mail at privacy@americanregistry.com with your instructions.

However, it may take up to 10 business days to process your opt-out request. Please note that you may receive additional communications from us or an outside company after submitting your request if your customer information was selected from our database just prior to receiving and processing your request.

American Registry does not direct its website or products at children

American Registry's website and recognition product offerings are not directed toward children and we do not knowingly collect or post information from children under thirteen years of age. For more information about the legal requirements for maintaining the privacy of children and the Children's Online Privacy Protection Act, you can visit http://www.onguardonline.gov/topics/kids-privacy.aspx or the Federal Trade Commission's website at http://www2.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm.

Effective Date/Privacy Policy Changes

This privacy policy is effective as of August 15, 2013 but may be changed or modified at any time. If there is a change to American Registry's privacy policy, it will be posted on this page and will be effective when posted.

Contact American Registry

If you have any questions, comments or concerns about American Registry's privacy policy, our website or our recognition products, please contact us by e-mail at privacy@americanregistry.com, or by physical mail to American Registry LLC, 1020 NW 6th Street, Unit D, Deerfield Beach, FL 33442, Attn: Legal – Privacy Issues.

This User Agreement is effective August 1, 2013

and replaces all prior User Agreements for this website

Welcome to the website of The American Registry (the "American Registry Site" or "this website"), a website that is owned and operated by American Registry, LLC "American Registry" or "we" or "us").

PLEASE READ THIS ENTIRE USER AGREEMENT CAREFULLY BEFORE YOU CONTINUE TO ACCESS OR USE THE AMERICAN REGISTRY SITE.  

American Registry invites you to use this website, register your profile and take advantage of the quality products, information and marketing opportunities offered to you on the American Registry Site but on the explicit condition that you comply with this User Agreement and all of your obligations under this User Agreement.  

Use of the American Registry Site means using, examining, interacting with or viewing any part of this website other than the home page at www.theamericanregistry.com or  www.americanregistry.com, or this User Agreement and includes personalizing, ordering or purchasing any products offered on this website, viewing and Videos, registering with American Registry or claiming your profile on this website.

"User Agreement" includes all of the terms in this American Registry User Agreement as well as the American Registry Privacy Policy, which is incorporated herein by reference and is therefore a part of this User Agreement.

1. Acceptance of Terms of this User Agreement – This is a Contract

YOUR USE OF THE AMERICAN REGISTRY SITE, including to personalize, order or purchase any plaque or other product or use or view any video, constitutes acceptance by you and agreement by you to all of the terms, conditions and requirements of this User Agreement and creates a LEGALLY binding contract between you and American Registry based on the terms of this american registry User Agreement and the american registry privacy policy.

If you are using the American Registry Site on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has separately entered into an agreement with us.

If you do NOT agree with any of the terms, conditions or requirements of this User Agreement, do NOT access, view or otherwise use this website or any information contained on this website and do NOT personalize, order or purchase any plaque or other product or use or view any Video offered on this website.

Changes to this User Agreement

American Registry can and may change any of the terms of this User Agreement or this User Agreement as a whole without prior notice by posting an updated or changed User Agreement on this website. Any change, however, will not apply retroactively but will only apply to your use of this website after the changed or updated User Agreement is posted on this website. American Registry may, but is not obligated to, provide notice to you of any update or change to the terms of this User Agreement (including the Privacy Policy). For example, we may post a banner or note on the American Registry Site or send you an e-mail. However, we recommend that you check this User Agreement for any changes each time you use the American Registry Site.

If any change, addition or modification is unacceptable to you, then you should cease using this website. Your continued use of the American Registry Site constitutes acceptance by you and agreement by you to all of the changed, modified or added terms, conditions and requirements of this User Agreement and creates a binding contract between you and American Registry with respect to the entire updated or changed User Agreement.

Please contact American Registry at info@americanregistry.com, if you have any questions about this User Agreement or its terms, conditions and requirements.

2. Eligibility to Use the American Registry Site

Age: The American Registry Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the American Registry Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use this website or purchase any products from the American Registry Site or use or view any Videos.

Competitors of American Registry: To be eligible to use the American Registry Site, you must not be and must represent and warrant that you are not a competitor of American Registry or are not using or viewing this website for reasons that are in competition with American Registry or intended to hurt the business of American Registry.

Agreement to Be Bound By This User Agreement: To be eligible to use the American Registry Site, YOU MUST AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT.

3.  Terms, Conditions and Requirements to Use the American Registry Site

To use this website, you must agree to and acknowledge the following:

A. General

1. The American Registry Site is owned and operated by American Registry. Except for content that is posted or submitted by visitors to this website in their own profiles on this website, all of the Content of the site is owned by American Registry and/or its licensors. The Content means all aspects of the American Registry Site, including, but not limited to, the technology, design and "look and feel" thereof and all of the content featured or displayed thereon, including text, logos, photographs, graphics and videos.

2. You will not download, modify, reproduce, copy, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the Content, or reformat or frame any portion of any web page on the American Registry Site except and to the extent expressly permitted on the American Registry Site or in this User Agreement.

3. You will not use or cause to be used any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the American Registry Site.

4. You will not collect any email addresses or other contact information made available on this website for purposes of promotions or marketing campaigns and you will not solicit any business or person listed on the American Registry Site with data retrieved from this website.

5. You are 18 years of age or older.

The American Registry Site and recognition product offerings are not directed toward children and we do not knowingly collect or post information from children under thirteen years of age. By using the American Registry Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or purchase any products from the American Registry Site. For more information about the legal requirements for maintaining the privacy of children and the Children's Online Privacy Protection Act, you can visit http://www.onguardonline.gov/topics/kids-privacy.aspx or the Federal Trade Commission's website at http://www2.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm

6. You are not a competitor of American Registry and are not using or viewing this website for reasons that are in competition with American Registry or intended to hurt the business of American Registry.

7. You will not misrepresent or falsely state (i) your identity (or the identity of your business or company); or (ii) your affiliation with or accreditation by any person, entity or business; or (iii) any recognition that you received or achievement that you accomplished; or (iv) that you received a recognition or accomplished an achievement.

8. If you purchase or subscribe to any product or service that American Registry offers for a fee, you agree to American Registry storing your payment information

9. You will not use the American Registry Site for any purpose that is unlawful, including to export or re-export the American Registry Site, or any part of this website, in violation of the export control laws and regulations of the United States of America.

10. You will not use the American Registry Site for any purpose that is prohibited by this User Agreement.  

11. You will not use the American Registry Site in any manner that could damage, overburden or impair this website or interfere with another party's use or enjoyment of the American Registry Site.

12. You will not upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

13. You will not attempt to gain unauthorized access to any services, accounts, computer systems or networks connected to any server used for this website, through password mining, hacking or any other means and you will not seek to gain access to any materials or information through any means not intentionally made available by us 

B. Personalizing, Ordering or Purchasing a Recognition Product

1. By using the American Registry Site to personalize, order or purchase any plaque or other recognition product, you represent and warrant that you have the lawful and legal right or license to use, reproduce, create, distribute and/or display the content that you include in any plaque or other recognition product personalized, ordered or purchased through this website or through American Registry, whether the content consists of words, slogans, phrases, logos, emblems, photographs, drawings, pictures, endorsements, quotations, articles, or any other thing.

2. By using the American Registry Site to personalize, order or purchase any plaque or other recognition product, you represent and warrant that you have the right, authority or license to use, reproduce, create, distribute and/or display the plaque or other recognition product that you personalize, order or purchase through this website or through American Registry.

3. American Registry's offer or sale of any plaque or other product does not indicate that American Registry approves of any content that you selected to include on the plaque or other product, or that American Registry has any opinion or knowledge about your right, authority or license to use, reproduce, create, distribute and/or display the plaque or other product. However, American Registry reserves the right to refuse to accept or to cancel any order that it knows is in violation of this User Agreement or infringes the copyright, trademark or intellectual property rights of others.

C. Videos

1. Through the American Registry Site, you may subscribe to a Video and obtain a license or permission from American Registry to use one or more Videos but all Videos are owned by and will remain the property of American Registry and/or its licensors.

2. All Videos must remain hosted by American Registry (or at an American Registry designated hosting location) and you may not view or interact with any Videos that are not hosted at the time by American Registry or at a location designated by American Registry unless American Registry has provided you with a non-hosted copy of a Video and express permission in a separate written agreement.

 3. Downloading of Videos is prohibited. You will not download any of the Videos, whether you are a visitor to the site or a subscribing customer, and will only use or interact with a Video either while it is hosted at the location designated by American Registry or through the American Registry Site.

 4. Copying of Videos is prohibited. You will not make copies of or distribute any part of any of the Videos, whether you are a visitor to the site or a subscribing customer, including the visual, audio or script content of any of the Videos.

5. Although downloading and copying of Videos is prohibited, subscribing customers may display their Videos by distributing links to the hosted Videos to which they have subscribed and may also display or present their hosted Videos in other Internet based environments while the Videos remain hosted at the location designated by American Registry.  

6. Altering of Videos is prohibited. You will not modify, alter, edit or personalize any of the Videos except as expressly permitted by American Registry.

7. Using Videos except as permitted by American Registry is prohibited. You will not display or share any Videos on disk drives, computer networks or intranet/internet services, or use the Videos, or any part of the Videos, in any electronic or print marketing materials or communications, expect as permitted by and for the uses specified by American Registry.

8. Your right to use any of the Videos is subject to your agreement to the terms, conditions and requirements of this User Agreement and conditioned upon your payment to American Registry of the designated amount(s) for subscribing to that Video.

9. If you fail to make any payment for a Video to American Registry when due, or if any check is dishonored or credit card charge refused or charged back, your account for that Video will be delinquent fifteen (15) days thereafter, with or without any notice from American Registry, unless all payments due are received by American Registry within those fifteen (15) days. You are not permitted to use a Video while your account for that Video is delinquent and immediately upon the account becoming delinquent, you must remove any links to that Video, stop displaying that Video and stop using that Video for any purpose.

10. In addition to when your account becomes delinquent for which no notice is required, you agree that upon written request and notification from American Registry (including by e-mail or fax) of your violation of any other term or provision of this User Agreement, you will immediately remove any links to the Video(s) that are the subject of the notification, stop displaying such Video(s) and stop using such Video(s) for any purpose.   You further agree that if your account becomes delinquent or you violate any term or provision of this User Agreement and American Registry commences any legal proceeding against you for payment of a delinquent account and/or to enforce its rights under this User Agreement and/or to compel you to comply with your obligations to stop using or linking to any Video(s), you will reimburse American Registry for all of its costs and expenses, including reasonable attorneys' fees, in connection with such legal proceeding(s), including pre-litigation costs and expenses.

D. Submissions or Postings to the American Registry Site

1. If you or your business has a profile on the American Registry Site, you may claim your profile by registering with American Registry.  Your registration information must be truthful and accurate and include a valid e-mail address at which you can be contacted.

2. You own the information you post in your profile or submit to American Registry ("Your Postings") or are authorized by the owner of the information to post or submit it and to license it to American Registry, as follows: you grant to American Registry a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform Your Postings throughout the world in any media, now known or hereafter created without attribution.  

3. You acknowledge, warrant and agree that Your Postings:

(i) are truthful and accurate;

(ii) are non-confidential, not protected by any legal privilege and do not contain proprietary information. Except as described in American Registry's Privacy Policy (the "Privacy Policy"), American Registry will not be required to treat any of Your Postings as confidential, privileged or proprietary;

(iii) do not violate the copyright, trademark, patent or other intellectual property, proprietary or trade secret rights of any person or entity; and

(iv) do not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that libel, defame, or invade the privacy of any third party, or promote criminal or other illegal activity.

4. You are responsible for the content of Your Postings and agree to defend (at American Registry's option and at Your sole expense), indemnify and hold American Registry harmless from any damages, losses, costs, or expenses, including reasonable attorneys' fees, which American Registry may incur as a result of Your Postings.

5. You are also solely responsible for the maintenance and security Site of your User ID and password to your profile on the American Registry Site.  You also agree that you will be solely responsible for any activities conducted through your User ID and password on the American Registry Site regardless of whether or not you are the individual who undertakes such activities.

6.   American Registry may delete or remove Your Postings from public view on the American Registry Site, which American Registry in its sole discretion considers illegal, infringing, otherwise in violation of any of the terms or conditions of this User Agreement, or inappropriate for the American Registry Site. American Registry will also delete or remove Your Postings from the American Registry Site at your request but is not responsible for the dissemination or republication of Your Postings that you have shared with others or that has been copied or stored by others from the American Registry Site.

7.  You agree that American Registry may display on the American Registry Site, including in your profile on this website and in The American Registry for Business Excellence, your business or contact information (including your name, business name, telephone number, fax number, physical address, mailing address and/or e-mail address) that either you provide to American Registry voluntarily or that can be obtained from publicly available sources.

4. Indemnification

 1. You agree to waive and to give up your right to pursue any claims or lawsuits (including for indemnification, contribution or reimbursement) against American Registry and its employees, officers, directors, contractors, agents, parents, subsidiaries or affiliates for damages, losses and injuries of any kind that relate to, arise from or are based on a claim that relates to or arises from (i) your right, authority or license to create, use, reproduce, distribute and/or display a plaque, Video, press release or other product that was personalized or purchased or subscribed to through this website or through American Registry, (ii) the content of Your Postings, and/or (iii) your violations of any rights of a third-party.

2. You also agree to indemnify, defend and hold harmless American Registry and its employees, officers, directors, contractors, agents, parents, subsidiaries or affiliates from all claims, lawsuits, losses, damages, judgments and expenses, including reasonable attorneys' fees and other litigation or defense costs and expenses, which relate to, arise from or are based on (i) your right, authority or license to create, use, reproduce, distribute and/or display a plaque, Video, press release or other product that was personalized or purchased or subscribed to through this website or through American Registry, (ii) your violation of this User Agreement, (iii) your use of this website, and/or (iv) your violations of any rights of a third-party.

3. You are responsible for anything that happens through your account or your profile on the American Registry Site until you close down your account or prove that your account or profile security was compromised due to no fault of your own.  You agree to indemnify, defend and hold harmless American Registry as above for all losses and costs sustained by American Registry (including reasonable attorneys' fees and legal costs) that are your fault, in whole or in part, including those caused by third parties through your account.  

5. Disclaimer Of Warranties

American Registry makes no warranties or guarantees of any kind about its products, services or this website, express or implied, except to the extent that a guarantee is expressly included in the FAQ section of the American Registry Site and labeled or titled as a guarantee or warranty.  Please refer to the FAQ section for the complete terms of any such guarantee or warranty, then in effect.   The ONLY guarantees or warranties of any kind offered by American Registry are those that are expressly included in the FAQ section and labeled or titled as a guarantee or warranty.

To the fullest extent permissible pursuant to applicable law, American Registry and its affiliates expressly disclaim any and all other warranties and guarantees of any kind whether express or implied, including but not limited to any warranties of title and license, or implied warranties of merchantability, fitness for a particular purpose and non-infringement.

American Registry does not make any warranty that (a) the American Registry Site or its Content will meet your requirements, or (b) that this website or service will be uninterrupted, timely, secure, or error free, or (c) the quality of any products, services, information, or other material purchased or obtained by you through this website or through American Registry will meet your expectations, or (d) that defects, if any, will be corrected, other than as expressly set forth in the then current version of the Satisfaction Guarantee.

You agree that American Registry shall have no responsibility for any damages suffered by you in connection with this website or any Content contained therein.

You expressly agree that use of this website, including all Content, Videos, data or software distributed by, downloaded or accessed from or through this website and Your Postings to this website, is at your sole risk. You understand and agree that that the American Registry Site is provided on an "as is" and "as available" basis and that you will be solely responsible for any damage to your business, your computer system or loss of data that results from your connection to this website or the download or upload of content, videos, data and/or software from or to this website.

You acknowledge that American Registry makes no warranty or representation that confidentiality of information transmitted through this website will be maintained, although American Registry does follow a Privacy Policy with respect to customer information.

No advice or information, whether oral or written, obtained by you from American Registry or through or from this website shall create any warranty not expressly stated in this User Agreement.

6. Limitation Of Liability

YOU AGREE AND ACKNOWLEDGE THAT AMERICAN REGISTRY'S LIABILITY TO YOU IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ACCORDINGLY, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL AMERICAN REGISTRY OR ITS AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING AMERICAN REGISTRY PLAQUES, VIDEOS OR RELATED PRODUCTS OR SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AMERICAN REGISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

THIS LIMITATION INCLUDES AND APPLIES TO YOUR LOSS OR DAMAGES OF ANY KIND, INCLUDING THOSE RESULTING FROM: (1) THE CONTENT OR INFORMATION CONTAINED IN ANY PLAQUE, VIDEO OR OTHER PRODUCT OFFERED OR SOLD BY AMERICAN REGISTRY; (2) THE LOCATION, MANNER OR METHOD THAT AN AMERICAN REGISTRY PLAQUE, VIDEO OR OTHER PRODUCT IS DISPLAYED OR USED BY YOU OR BY A THIRD PARTY; (3) THE USE OR INABILITY TO USE THIS WEBSITE; (4) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE OR AMERICAN REGISTRY; (5) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (6) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE OR (7) ANY OTHER MATTER RELATING TO THIS WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

7. Dispute Resolution

Governing Law and Jurisdiction

You agree that the laws of the State of Florida, without regard to any conflict or choice of laws provisions, govern any disputes that may arise between you and American Registry (including its employees, officers, directors, agents, parents, subsidiaries or affiliates) relating in any way to (1) your visit to or access of this website, (2) your use of or inability to use this website, (3) Your Postings, and/or (4) plaques, Videos or other products that you personalize, order, purchase, license or subscribe to through this website or through American Registry.

Arbitration

You also agree that any such disputes shall be submitted to confidential arbitration in Palm Beach County, Florida and that rules of the American Arbitration Association shall govern the arbitrations. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this User Agreement shall be joined to an arbitration involving any other party subject to this User Agreement, whether through class arbitration proceedings or otherwise.

Mediation

You also agree that before submitting any such dispute to arbitration, the aggrieved party will first attempt to resolve the dispute by mediation, with the costs of the mediation to be split evenly between you and American Registry (or, as applicable, any parents, subsidiaries or affiliates of American Registry). To that end, you agree that you are prohibited from commencing or otherwise submitting any such dispute to arbitration against American Registry (or any of its officers, directors, employees, agents, parents, subsidiaries or affiliates) until you propose in writing to American Registry or its designated attorney the name of at least one available neutral mediator in Palm beach County, Florida and agree to share evenly in the costs of the mediation and thereafter, American Registry has either refused in writing to engage in the mediation or 45 days have elapsed without American Registry agreeing to engage in the mediation.

Injunction

You also agree that, to the extent you have in any manner violated or threatened to violate American Registry's intellectual property or business rights, American Registry may seek injunctive or other appropriate relief in any state or federal court in the State of Florida, and you consent to exclusive jurisdiction and venue in such courts and waive any affirmative defenses to the contrary.  

In no event, however, shall you seek or be entitled to any recission, injunctive or equitable relief against American Registry, or to enjoin or restrain the operation of this website, or the offer, sale or license of any products or services offered on the American Registry Site or by American Registry or of any American Registry advertising.

8. Copyrights and Other Intellectual Property Rights

If you believe any Content or any other aspect of the American Registry Site (including any postings by third parties or visitors to this website) infringes your copyright or other intellectual property rights, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:

A description of the copyrighted work that you claim has been infringed;

       A description of where the material that you claim is infringing is located on the American Registry Site;

·       Your address, telephone number and email address;

·       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;

·       A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and

·       An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

Our designated copyright agent for notice of claims of copyright infringement on the American Registry Site may be reached at the following address:

Copyright Agent

American Registry, LLC

1020 NW 6th Street, Unit D

Deerfield Beach, FL 33442

Or by email: copyrightagent@americanregistry.com

9. Severability

If any provision of this User Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this User Agreement shall in no way be affected or impaired.

10. Contact Us

If you have any questions or comments about this User Agreement, please contact American Registry in writing by e-mail at info@americanregistry.com or by physical mail to American Registry, LLC, 1020 NW 6th Street, Unit D, Deerfield Beach, FL 33442, Attn: Legal.