Terms of Use

By accessing or using our Services, you agree to be bound by the terms and conditions of these Terms of Use (this “Agreement”) and our Privacy Policy (the “Privacy Policy”). The terms “we,” “us,” or “our” mean Seashine Financial, LLC, a California limited liability company, whose principal office is located at 4 Park Plaza #650, Irvine, CA, 92614 and its affiliated companies. The term “Services,” means, collectively, various websites, applications, widgets, email notifications and other mediums, or portions of such mediums, through which you have accessed this Agreement.

You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to our Services.

You represent that you have the capacity to be bound by this Agreement. To determine your compliance with this Agreement, we may monitor your access and use of our Services in accordance with our Privacy Policy.

Our Services are Not Intended for Minors.  Our Services are intended to be accessed and used only by adults and are not directed to any minor that is not yet of the legal age to enter into a contract. As stated in our Privacy Policy, we do not knowingly collect personal identifiable information from anyone under the age of 18 or the Age of Majority as defined by the user’s state. 

Your Access and Use of our Services.  Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Services for lawful purposes and pursuant to the terms and conditions of this Agreement and the Privacy Policy.

Commercial uses are prohibited. The Services provided are for personal use only.  You may not modify, scrape, embed, or frame our Services without our prior written permission.

Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation: the malfunction of equipment; periodic updating; maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of our Services and/or any portion or feature of our Services at any time in our sole discretion and without prior notice.

Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends or threatens, is not  permitted, and such action may result in your loss of the right to access and use our Services. 

Our Intellectual Property Rights.  The information, advice, ideas, concepts, products, data, and content viewable on, contained in, or downloadable from our Services (collectively, the “Content”), including, without limitation, all text, documents, disclosures, graphics, charts, pictures, photographs, images, videos, line art, icons and renditions, are copyrighted by, or otherwise licensed to, us. 

Our names, graphics, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without our prior written permission. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.

All software used on or within our Services (the “Software”) is our property or the property of our software vendors and is protected by United States and international copyright laws. 

We also hold a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content, the Software, and the Proprietary Marks (the “Collective Work”). 

Viewing, reading, printing, downloading or otherwise using the Collective Work does not entitle you to any ownership or intellectual property rights to the Collective Work.  You agree that you will not share, consult or otherwise engage in any use of the Collective Work or perform any competitive activity, or take any action that may diminish Seasine’s market position, reputation, or otherwise cause harm or loss to Seashine.  

The Services offered by Seashine and the methods used to deliver its products and services (collectively, the “Methods”) are unique and have been developed by Seashine and its affiliates for its exclusive use and benefit.  Any reproduction or reverse engineering of the Methods or using Content or Software to develop or compete with these Methods is prohibited and is hereby protected as the proprietary intellectual property of Seashine.

You are solely responsible for any damages resulting from your infringement of our or any third-party’s intellectual property rights regarding the Trademarks, the Content, the Methods, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.

You Must Maintain the Integrity of Your Information.  To use certain Services, you may be required to provide us with information about you, which may include personal identifying information and/or financial information (“Your Information”). If you provide Your Information to us then you agree to provide true, current, complete and accurate information and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes. Our collection, use and disclosure of Your Information is governed by this Agreement and our Privacy Policy.

You Must Maintain the Security of Any Password Issued to You. If our Services require you to create a password to use certain portions of our Services, it is your sole responsibility to maintain the security of that password. You will not allow any person to use any Service via your account or password, and you agree that we will not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third party. 

You agree to immediately notify us of any unauthorized use of your password, any unauthorized use of any account that you may have with us, any violation of this Agreement, or any other breach of security known to you in connection with any product or service available on our Services by sending an email to: legal@seashinecapital.com.

You Are Responsible for Your Financial Decisions.  The Content is intended only to assist you with financial decisions and is broad in scope. It does not and cannot consider your personal financial situation. Your personal financial situation is unique and the information and advice provided may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, we recommend that you obtain additional information and advice from your accountant and other financial advisors who are fully aware of your individual circumstances.

Governing Law.  Our Services are controlled and offered by us from our facilities in the United States of America. We make no representations that our Services are appropriate or available for use in other jurisdictions. If you access or use our Services from other jurisdictions, you do so by your own volition and are solely responsible for compliance with local law.

You Acknowledge and Agree that We are Not a Lender. Seashine is not a  lending institution, insurance provider or banking institution. We do not issue mortgages, credit cards, loans, insurance coverage or any other lending products.

No Guarantee of Quotes, Fees, Terms, Coverage or Services. Self-serve information may be available to help you analyze your Real Estate Account Options. It is based on information and assumptions provided by you regarding your goals, expectations and financial situation. We do not make any warranties or representations regarding the quotes, fees, terms, rates, coverage or services offered or made on unverified information.  The calculations provided do not infer Seashine assumes any fiduciary duties or that the quotes, fees, terms, coverage or services offered are available. 

An application is required to receive warranted quotes, fees, terms, coverage, or services; qualification criteria applies. No information provided by Seashine should be construed as financial, legal or tax advice. In addition, such information should not be relied upon as the only source of information. This information is supplied from sources we believe to be reliable, but we cannot guarantee its accuracy.

You hereby release us of any and all losses, costs, damages or claims in connection with, arising from or related to your use of a Seashine or a Service Provider’s products or services, including any fees charged.

Public Platforms.  Our Services may act as a conduit, through blogs, messaging, chat rooms, bulletin boards and other platforms (collectively, the “Platforms”), allowing the users to contribute information and make statements (“User Generated Content”). Neither we nor our service providers are involved in the actual transmission of User Generated Content provided for in the Platforms. As a result, neither we nor our service providers approve or endorse any User Generated Content in the Platforms, and you hereby acknowledge and agree that neither we nor our advertisers have control over the User Generated Content submission’s quality, correctness, timeliness, safety, truth, accuracy or legality by you or any other person or entity in the Platforms. You may find User Generated Content posted in the Platforms by other users to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense, and do not rely solely on User Generated Content published in the Platforms. It is neither our nor our advertisers’ responsibility to ensure all posts and questions submitted on the Platforms are answered. Without limiting the generality of the foregoing, and although we do not regularly review User Generated Content provided for in the Platforms, we reserve the right (but not the obligation) to remove or edit any User Generated Content in the Platforms for any reason or no reason. 

Transmissions, Submissions and Postings to our Services.  If you transmit, submit or post information to our Services that is not federally trademarked and/or copyrighted, you automatically grant us and our assigns the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content. If you have obtained prior written permission from us to transmit, submit or post information to our Services that is federally trademarked and/or copyrighted, you automatically grant us and our assigns the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.

You shall not transmit, submit or post the following to our Services:

  • Information that infringes our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
  • Information that violates any law, statute, ordinance or regulation;
  • Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to us or third parties or that infringes on our or any third party’s rights of publicity or privacy;
  • Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
  • Information that is false, inaccurate or misleading;
  • Commercial advertisements or solicitations without our written permission; or
  • Federally trademarked and/or copyrighted information without our prior written permission.

Although we do not regularly review your transmissions, submissions or postings, we reserve the right (but not the obligation) to edit, refuse to post or remove your transmissions, submissions or postings. Under our Privacy Policy, we may review transmissions, submissions or postings made by you to determine, in our sole discretion, your compliance with this Agreement.

You are solely responsible for all your transmissions, submissions or postings (i.e., your own User Generated Content) and the consequences of transmitting, submitting or posting them.

Your Use of the Content.  We grant you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials about the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.

Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without our prior written permission.

Meta Tags.  You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our prior written permission.

Access and Interference.  You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or Content or any portion of our Services or Content, or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; or (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services. 

Electronic Communications.  When you visit our Services or send email to us, you are communicating with us electronically. In return, you consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on our Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Your Responsibility for Equipment and Related Costs.  You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use our Services, and all costs and fees associated with Internet access or long-distance charges incurred with regard to your access and use of our Services.

Third Party Links or Access.  We and our affiliates, through the Services, may provide a venue through which you can obtain information and or a link to access other services providers, such as real estate brokers, home inspectors, contractors, appraisers and other professionals (“Service Providers”). We do not endorse or recommend the products or services of any Service Provider, and we are not an agent or advisor to you or any Service Provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a Service Provider’s products or services. We urge you to obtain the advice of financial advisors, insurance agents, brokers or other qualified professionals who are fully aware of your individual circumstances before you make any financial decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services offered by Service Providers.

Mobile Devices.  If we provide aspects of our Services via an application for your mobile or other device, or you access our Services through your mobile or other device, please be aware that your carrier’s normal rates and fees may apply and that the terms of this Agreement and other agreements within the application apply to your use of such application.

Copyright Infringement.  It is our policy to comply with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement and other applicable intellectual property laws. We will, in appropriate circumstances, disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of ours and/or others.

Notifications (each a “Notification”) of claimed copyright infringement should be sent to: legal@seashinecapital.com

Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
  5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the Notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512:

  1. We will remove or disable access to the material that is alleged to be infringing;
  2. We will forward the Notification to the alleged infringer (“Account Holder”); and
  3. We will take reasonable steps to promptly notify the Account Holder that we have removed or disabled access to the material.

Counter Notification.  Pursuant to Title 17, United States Code, Section 512(g)(3), an Account Holder may counter a Notification by providing a written communication (“Counter Notification”) to our designated agent that includes substantially the following:

  1. A physical or electronic signature of the Account Holder;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the Account Holder has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. The Account Holder’s name, address, and telephone number, and a statement that the Account Holder consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Account Holder’s address is outside of the United States, for any judicial district in which we may be found, and that the Account Holder will accept service of process from the person who provided the Counter Notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512:

  1. We will promptly provide the Complaining Party with a copy of the Counter Notification;
  2. We will inform the Complaining Party that we will replace the removed material or cease disabling access to the removed material within ten (10) business days; and
  3. We will replace the removed material or cease disabling access to the removed material not less than ten (10), nor more than fourteen (14) business days following receipt of the Counter Notification, provided our designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Account Holder from engaging in infringing activity relating to the removed material on our network or system.

We Make No Representations or Warranties Regarding the Content  

THE CONTENT AND OUR SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES IS AT YOUR SOLE RISK.

WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES, OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED ON OR THROUGH OUR SERVICES.

Limitations on Our Liability.  NEITHER WE NOR OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR SHAREHOLDERS SHALL BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY FINANCIAL LOSS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF OUR SERVICES; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH OUR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF OUR SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.

YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you. 

In the event that any limitation on the period of time for bringing an action, claim, dispute or proceeding against us is determined or held to be unenforceable by any court, arbitration panel or other tribunal, then the statute of limitations for the State of California shall apply to any such action, claim, dispute or proceeding referred to final or binding arbitration.

Your Indemnification of Us.  You shall defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by us; (iii) your access or use of our Services; (iv) access or use of our Services under any password that may be issued to you; (v) your transmissions, submissions or postings (i.e., your own User Generated Content); and/or (vi) any personal injury or property damage caused by you.

Amendments of this Agreement.  We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time-to-time to review any changes that have been made. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.

Our Remedies.  You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding regarding such injunction restraining such breach or threatened breach shall be brought in the courts of record of Orange County, California, or the United States District Court, District of California. You consent to the jurisdiction of such court and waive any objection to the selection of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Legal Disputes.  You and we agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of this Agreement, will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.

Applicable Law.  You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this Agreement.

Arbitration/Class Waiver Clauses.  You and we each agree to resolve exclusively through final and binding arbitration any and all disputes or claims that have arisen or may arise between you and us (including any affiliates, officers, directors, employees, and agents), whether or not such dispute or claim involves a third party, relating in any way to any aspect of our relationship or any contact between us, direct or indirect, or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any products or services sold, offered, or purchased through our Services (“Dispute”).

1.1 You and we agree to submit the Dispute to a single arbitrator under the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA), including when applicable the Optional Rules for Emergency Measures of Protection and the Consumer Arbitration Rules, or, by separate mutual agreement, at another arbitration institution. The AAA’s rules, information regarding initiating a claim, and a description of the arbitration process are available at www.adr.org.

The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA rules. As an alternative, you or we may bring a claim in your local “small claims” court, if permitted by that small claims court’s rules.

1.2 The Federal Arbitration Act governs the interpretation and enforcement of this section regarding our agreement to arbitrate any Dispute (“Agreement to Arbitrate”) and the arbitrability of the Dispute. The arbitrator will decide whether the Dispute can be arbitrated.

1.3 You and we agree that each of us may bring a Dispute against the other only on our own behalf, and not on behalf of a government official or other person or entity, or a class of persons or entities. You and we agree, if we are a party to the proceeding, not to participate in a class action, a class-wide arbitration, a claim brought in a private attorney general or representative capacity, or a consolidated claim involving another person’s use of the site or our services. You and we agree not to combine a claim that is subject to arbitration under this Agreement with a claim that is not eligible for arbitration under this Agreement. You and we agree to waive the right to a trial by jury for all disputes.

1.4 If the prohibition against class actions and other claims brought on behalf of third parties contained in Section 1.3, above, is found to be unenforceable, then all of Section 1 will be null and void as to that Dispute.

1.5 This Agreement to Arbitrate will survive the termination of your relationship with us.

  1. Unless you and we agree otherwise, if the Agreement to Arbitrate is found by a court to be unenforceable, if your claim is not covered by the Agreement to Arbitrate, or if you neither are a resident of nor have a principal place of business in the US or Canada, you agree that any Dispute that has arisen, or may arise, between you and us must be resolved exclusively by a state or federal court located in California. You and we agree to submit to the personal jurisdiction of that court.
  2. Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make a change to this Agreement to Arbitrate (other than a change to the notice address or the site link provided herein) in the future, that change shall not apply to a claim that was filed in a legal proceeding between you and us prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen, or may arise, between you and us. We will notify you of a change to this Agreement to Arbitrate by posting the amended terms on our Services at least 30 days before the effective date of the change and/or by email.

Miscellaneous.  If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.

All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us, from time-to-time, shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement and the Privacy Policy represent the entire understanding and agreement between you and us regarding the subject matter of the same and supersede all other previous agreements, understandings and/or representations regarding the same.

If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at legal@seashinecapital.com.

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©2022 Seashine Financial, LLC. All rights reserved. All logos and other trademarks appearing herein are the property of Seashine Financial, LLC, Seashine Capital, LLC or its subsidiaries or affiliates. Other company and product names may be trademarks or copyrights of their respective owners.

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As prohibited by federal law, we do not engage in business practices that discriminate on the basis of race, color, religion, national origin, sex, marital status, age (provided you have the capacity to enter into a binding contract), because all or part of your income may be derived from any public assistance program, or because you have, in good faith, exercised any right under the Consumer Credit Protection Act. The federal agency that administers our compliance with these federal laws is The Office of Fair Housing and Equal Opportunity (FHEO), Washington, DC 20410.

©2022 Seashine Financial, LLC. All rights reserved. All logos and other trademarks appearing herein are the property of Seashine Financial, LLC, Seashine Capital, LLC or its subsidiaries or affiliates. Other company and product names may be trademarks or copyrights of their respective owners.

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As prohibited by federal law, we do not engage in business practices that discriminate on the basis of race, color, religion, national origin, sex, marital status, age (provided you have the capacity to enter into a binding contract), because all or part of your income may be derived from any public assistance program, or because you have, in good faith, exercised any right under the Consumer Credit Protection Act. The federal agency that administers our compliance with these federal laws is The Office of Fair Housing and Equal Opportunity (FHEO), Washington, DC 20410.