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1. Online Terms of Use
These Terms of Use ("Site Terms") govern your access to, and use of, this web site located at coral.club (the "Site"), operated by CCI Worldwide LLC, ("CCI Worldwide") and ETENA TRADING LTD. You must be a CCI Worldwide or ETENA TRADING LTD Associate, Member, or a CCI Worldwide or ETENA TRADING LTD employee to use certain portions of this Site. These Site Terms apply solely to your access to and use of the Site, and do not alter in any way the terms or conditions of any other agreement you may have with CCI Worldwide and ETENA TRADING LTD for products or services.
By accessing, browsing, or using the site, you agree to be bound by the terms and conditions set forth in, and any policies referenced by, these site terms, including any subsequent changes to the foregoing. If you do not agree to these site terms or any subsequent modification, do not access, browse or otherwise use the site.
2. Copyright and License
All copyrighted and copyrightable materials on the Site, including but not limited to the text, design, manuals, product information, graphics, images, pictures, sound and other files, and the selection and arrangement thereof (collectively, "Materials") are ALL RIGHTS RESERVED© 2013 CCI Worldwide LLC and/or its licensors. CCI Worldwide grants you a limited license to make personal use only of the Materials for your information purposes and for the purposes of promoting the CCI Worldwide products.
This license is subject to these Site Terms, and does not include the right to:
(a) use the Site or Materials other than for the intended purpose, including but not pmited to any marketing, selpng, or other commercial uses;
(b) use framing techniques to enclose any portion of the Site, including any images found on the Site or any text or the layout or design of any page or form contained on a page;
(c) pubpsh, pubpcly perform or display, or distribute to any third party any Materials, including reproduction or hosting the Materials on any computer network or broadcast or pubpcations media;
(d) make derivative uses of the Site or the Materials, or
(e) any systematic collection or extraction of data through the use of any data mining, robots or similar data gathering or extraction methods.
You are not conveyed any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of CCI Worldwide or any third party. Any unauthorized use of the Site will terminate the permission or license granted by these Site Terms and may violate applicable law, including but not limited to copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
Requests for written permission to use the Site in any above listed manner should be sent to the Brand Management department. They may be reached as follows:
Brand Management
CCI WORLDWIDE LLC
PO BOX #370851
LAS VEGAS, NV 89137-0851
You are also advised that CCI Worldwide will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
3. Trademarks
Trademarks of CCI Worldwide and those of its suppliers or licensors may not be copied, used or imitated, in whole or in part, without the prior written permission of CCI Worldwide or its suppliers or licensors. You may not use meta tags or any other "hidden text" using any of the above-referenced marks without CCI Worldwide's permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of CCI Worldwide, and may not be copied, imitated, or used, in whole or in part, without CCI Worldwide's prior written permission. All other CCI Worldwide names or logos mentioned on the Site, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by CCI Worldwide.
4. Copyright Complaints
If you believe your work or content has been copied and posted to the Site or the Review Feature in a way that constitutes copyright infringement, please provide CCI Worldwide's copyright agent the following written information in accordance with the Digital Millennium Copyright Act (DMCA):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site;
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 copyright owner or authorized to act on the copyright owner's behalf. CCI Worldwide's DMCA Copyright Agent for notice of claims of copyright infringement on the Site is our General Counsel, who can be reached as follows:
General Counsel
CCI WORLDWIDE LLC
PO BOX #370851
LAS VEGAS, NV 89137-0851
5. This Web Site
CCI Worldwide makes no claims that the information located herein is appropriate or may be downloaded legally outside of the United States. Access to the materials may not be legal by certain persons in certain countries. If you access this web site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws in your respective jurisdiction.
You understand and agree that:
CCI Worldwide products are not designed for use in the treatment of disease or to substitute for a doctor's care or for proven therapy. CCI Worldwide products are not intended to treat, cure or prevent any disease.
Any product claims made by individuals within the content of this web site are based upon his or her personal belief and/or experiences after the use of CCI Worldwide products and CCI Worldwide disclaims all liability for such claims that may be made. These reports have not been verified and are not represented as providing a balanced view of the available science. These are the statements of the individuals giving them and not of CCI Worldwide.
Any misuse of this web site will result in disciplinary action in accordance with CCI Worldwide corporate policies and procedures, and any handling of such abuse shall be left solely to the discretion of CCI Worldwide.
6. Submissions
As used herein, the word “Submissions” means text, messages, ideas, concepts, suggestions, artwork, photographs, drawings, videos, audiovisual works, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or through this Site.
We are always pleased to receive your comments, suggestions, and Submissions regarding this Site, our products and services, and our opportunity. If you transmit to us, post, or upload any Submissions to or through this Site, you grant us and our affiliates a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes.
By communicating a Submission to us, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct set forth below and all other requirements of these Site Terms and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these Site Terms. You agree that you shall not post or transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law.
We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from the Site that violates these Site Terms and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Site Terms and/or protect the safety or security of any person or property, including the Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
7. Public Forums and Communication
"Public Forum" means an area or feature offered as part of this Site that offers the opportunity for users to distribute Submissions for viewing by one or more Site users, including, but not limited to, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, or e-mail function.
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you distribute on or through the Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting the same. We have no duty to monitor any Public Forum.
You should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. We are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to any Submissions that you make to the Site.
8. Rules of Conduct
The following Rules of Conduct apply to the Site. By using the Site, you agree that you will not upload, post, or otherwise distribute to the Site any Submission that:
(a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic, or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug use, harassment, theft, or conspiracy to commit any criminal activity;
infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
is commercial, business related or advertises or offers to sell any products services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Site; or
(a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including "flaming", "spamming", "flooding", "trolling", and "griefing", as those terms are commonly understood and used on the Internet.
We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Site Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
9. Applicable Law and Venue
These Site Terms and any transactions thereunder shall be governed by and construed in accordance with the laws of the State of Nevada applicable to agreements made and entirely to be performed within the State of Nevada, without resort to its conflict of law provisions. You agree that any action at law or inequity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Clark County, Nevada, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
10. Revision to the Terms
CCI Worldwide reserves the right, at its discretion, at any time, to change or modify these Site Terms that may be applicable to you, or any part thereof, and to impose new Site Terms and conditions. Such changes, modifications, additions or deletions will be effective immediately. Each time you use the Site the terms and conditions set forth in these Site Terms will apply to your use. Users of the Site should periodically check for changes to the Site Terms. Your continued use of this Site following the posting of changes to the Site Terms on the Site, or by other means by which you obtain notice of those changes, means that you accept those changes.
11. No Warranties
The site and the materials contained therein are provided on an "as is" and "as available" basis without warranties of any kind, express or implied. You expressly agree that use of the site, including all content or data distributed by or downloaded or accessed from or through the site, is at your sole risk. CCI Worldwide disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, materials, and content on the site. CCI Worldwide does not represent or warrant that materials in the site are accurate, complete, current, reliable or error-free.
CCI Worldwide is not responsible for typographical errors or omissions relating to pricing, text or photography. We cannot and do not represent or warrant that the site or its server(s) are free of viruses or other harmful components, including content that is posted by third parties. You should use industry-recognized software to detect and disinfect viruses from any download.
Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not.
12. Limited Liability
In no event shall we be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of data. The parties acknowledge that this is a reasonable allocation of risk.
13. Links to Third-Party Sites
This web site and any other official CCI Worldwide web site(s) may contain links to sites owned or operated by parties other than CCI Worldwide. CCI Worldwide provides these links as a convenience only and does not endorse the companies or contents of any linked sites. CCI Worldwide does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites.
Web site owners who wish to link their site to CCI Worldwide's must obtain prior written permission from CCI Worldwide's Global Brand Management department.
14. Gathering and Use of Information
On most sections of our web site, CCI Worldwide collects personal information from our visitors on a voluntary basis. We do not require this information for customers to obtain access to our site. However, visitors may have to provide certain personal information in order to participate in some of our programs offered on our site. Personal information received from any visitor will be used solely for internal marketing purposes and will not be sold to third parties. Please refer to our Privacy Policy for more.
15. Cookies
CCI Worldwide may use "cookie" technology to obtain non-personal information from its online visitors. Cookies are information files that your web browser automatically places from your computer when you visit a web site. Most browsers accept cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent. We do not extract personal information in this process nor do we provide this information to third parties. Cookies allow us to customize your user interface to speed up the navigation process and to make the site experience more meaningful, fun and efficient. If your browser is configured to reject cookies, you will not be able to utilize the features of our web site.
Coral Club (hereinafter, "Coral Club," "We," "Us," "Our") is offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and the Messaging Privacy Policy. By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below. This Agreement is limited to the Program and is not intended to modify any other contract, agreement, terms of use, terms and conditions, or Privacy Policy that may govern the relationship between you and Us in other contexts (including those in the "Other Terms and Policies" section below). Regardless of the opt-in method you utilized to join the Program, you agree these Terms & Conditions apply to your participation in the Program.
1. User Opt In. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Coral Club, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. By providing your phone number, you represent and warrant that you are providing your own phone number, and not someone else’s, and that you are a legally authorized user of this phone number. Consent to the receipt of automated marketing text messages is not a condition of any purchase. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. Message frequency varies.
2. User Opt Out. If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Coral Club and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Other Terms and Policies. You also agree to our Messaging Privacy Policy, our website Terms of Use, and the Coral Club Privacy Policy.
4. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, customer support, delivery (including order confirmations, tracking information, and shipping updated via email), other transactional-related messages and sale of our products. Messages may include checkout reminders.
5. Message Frequency, Cost and Changes. Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which Our messages are sent.
6. Support Instructions. For support regarding the Program, text "HELP" to the number you received messages from or email us at support.us@coral-club.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.
7. MMS Disclosure. The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
8. Our Disclaimer of Warranty. The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
9. Supported Devices. The Program is offered on an "as-is" basis. Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. Coral Club, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
10. Contact. This Program is a service of Coral Club, located at 1611 Spring Gate Ln #370851 Las Vegas, Nv 89134-6201 United States.
11. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
12. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
13. Dispute Resolution. In the event that there is a dispute, claim, or controversy between you and Us, or between you and Twilio or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Las Vegas, Nevada before one arbitrator. Class action and jury trial waiver. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THIS AGREEMENT, YOU AND CORAL CLUB ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT (the "FAA"). The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Coral Club’s principal place of business is located, Las Vegas, Nevada, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party by the other party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the FAA. The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 16 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. Notwithstanding anything to the contrary in this Agreement, if Coral Club makes any future change to this arbitration provision, you may reject the change by sending Us written notice within 30 days of the change to support.us@coral-club.com, United States, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Coral Club.
14. State Law:
15. Miscellaneous. You warrant and represent to Us that you have all necessary rights, power, and authority to agree to the terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the terms of this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements to the Program shall be subject to these terms unless explicitly stated otherwise in writing. We reserve the right to change these terms from time to time. Any updates to this Agreement shall be communicated to you. Prior to such communication, the terms of this Agreement in effect as last made available to you immediately prior to your receipt of the notice will continue to govern our relationship. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.