SPACE COAST ACCEPTANCE NETWORK LLC TERMS OF SERVICE

Effective February 1, 2023

 

1) Introduction

2) Acceptance

3) Changes to Terms

4) Privacy

5) Electronic Communications

6) Modification of these Terms of Service

7) License

8) Services

9) Accounts

10) Use of Devices and Services

11) Subscription Plans

12) Accessible Use Policy

13) User Content

14) Prohibited Conduct

15) Endorsements/Testimonials

16) Political Activity

12. Third-Party Content

17) International Users

18) Term and Termination

19) Disputes

20) Limitation of Liability and Damages

21) Applicable Law and Venue

22) Claims

23) Miscellaneous

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1)Introduction

The Site (“Site”) operated by Space Coast Acceptance Network LLC. dba Space Coast Acceptance Network (collectively with its affiliates, “Space Coast Acceptance Network”, “we”, “us”, or “our”) consisting of the website available at https://www.scaccept.com, and its network of websites, software applications, embeddable video players, cellular mobile applications, or any other products or services offered by Space Coast Acceptance Network (collectively the “Services''). Other services offered by Space Coast Acceptance Network LLC may be subject to separate terms.

2)Acceptance

This Terms of Service Agreement (the “Agreement” or “Terms of Service”) is made between Space Coast Acceptance Network LLC and you, our customer (“you” or “your”).

When using our Services by creating an account, viewing videos, making a purchase, downloading our software, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically. You will be subject to Space Coast Acceptance Network LLC’s Terms of Service and additional guidelines or rules that are posted on the Services, made available to you, or disclosed to you in connection with specific services and features. Space Coast Acceptance Network LLC may also offer certain paid services, which are subject to the Space Coast Acceptance Network LLC Terms of Service as well as any additional terms or conditions that are disclosed to you in connection with such services. All such terms and guidelines (the “Guidelines”) are incorporated into these Terms of Service by reference.

The Terms of Service apply whether you are a user that registers an account with the Services or an unregistered user. You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing, or using the Services, you are entering into a legally binding agreement between you and Space Coast Acceptance Network LLC regarding your use of the Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the Services.

When using Space Coast Acceptance Network LLC or opening an account with Space Coast Acceptance Network LLC on behalf of a Space Coast Acceptance Network LLC, entity, or organization (collectively, “Subscribing Organization”), you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Service and grant the licenses set forth herein; and (ii) agree to these Terms of Service on behalf of such Subscribing Organization.

3)Changes to Terms

Space Coast Acceptance Network LLC reserves the right, in its sole discretion, to change the Agreement under which Site is offered. The most current version of the Agreement will supersede all previous versions. Space Coast Acceptance Network LLC encourages you to periodically review the Agreement to stay informed of our updates. By continuing to use our Services, you accept any revised Agreement.

Notice:  This Agreement contains a mandatory ARBITRATION AGREEMENT for certain claims that you or Space Coast Acceptance Network LLC could assert.  By using our Services and accepting this Agreement, You (1) agree to binding arbitration of these claims before a neutral arbitrator; and (2) waive Your rights to go to court, have a jury hear Your case, or participate as part of a class of plaintiffs with respect to such claims.

4)Privacy

Your use of Site is subject to Space Coast Acceptance Network LLC’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of how We collect, use and disclose Your personal information, and Our Privacy Choices on how You can manage Your online privacy when you use Services.

5)Electronic Communications

Visiting “Site” or sending emails to Space Coast Acceptance Network LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

6)Modification of these Terms of Service

Space Coast Acceptance Network LLC may amend any of the terms of these Terms of Service by posting the amended terms. Your continued use of the Space Coast Acceptance Network LLC Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms.

7)License

The Space Coast Acceptance Network LLC Services are owned and operated by Space Coast Acceptance Network LLC. Unless otherwise indicated, all content, information, and other materials on the Space Coast Acceptance Network LLC Services (excluding User Content, set out in Section 12 below), including, without limitation, Space Coast Acceptance Network LLC’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of Space Coast Acceptance Network LLC or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Space Coast Acceptance Network LLC, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the Space Coast Acceptance Network LLC Services for your personal use or internal business use only.

Space Coast Acceptance Network LLC reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the Space Coast Acceptance Network LLC Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Space Coast Acceptance Network LLC Services or the Materials, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Space Coast Acceptance Network LLC Services, the Materials, or any information contained in them, except as expressly permitted on the Space Coast Acceptance Network Services; or (f) any use of the Space Coast Acceptance Network LLC Services or the Materials except for their intended purposes. Any use of the Space Coast Acceptance Network LLC Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Space Coast Acceptance Network LLC, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. Space Coast Acceptance Network LLC can terminate this license as set out in Section 16.

8)Services

Software-as-a-Service: Subject to the terms hereof, we grant you access to our Services. This includes the right to:

• Stream videos that you have the right to view;

• Upload, store, and/or live stream videos, subject to your plan;

• Embed our embeddable video player on third-party websites; and

• Use all related functionality that we may provide.

Accessibility and Ratings: We provide means to allow you to include closed captioning in your videos. If required by applicable law, you must provide closed captioning in your videos. We may allow you to filter videos based upon their user-defined content rating. We cannot guarantee that videos will be appropriately rated by others. You must rate your videos appropriately.

Features: The features available to you will depend on your plan. We may change features from time to time. If you have a paid account, we commit to providing the core video hosting and streaming features of your plan (including the bandwidth and storage capabilities stated at the time of purchase) during your current service period.

Bandwidth: The bandwidth allowance included with your Self-Serve plan applies to your aggregate bandwidth usage across all Self-Serve accounts you control. You may not circumvent bandwidth limitations by opening multiple accounts. If you exceed your bandwidth allowance, we may, in our discretion, charge fees for excessive usage, require you to upgrade to a more suitable plan, or terminate your account(s) upon advance written notice. For more information on bandwidth, please see our Bandwidth on Space Coast Acceptance Network LLC article.

Transactions: We may offer digital goods for sale. Purchases of Space Coast Acceptance Network LLC On Demand videos are governed by our Space Coast Acceptance Network On Demand Viewer Agreement.

Monetization: We may allow you to sell digital goods or earn money through advertising. Your sales of videos are governed by our Seller Addendum. If you are a business established in the European Union and use our “Space Coast Acceptance Network LLC OTT” platform to offer content to consumers located in the European Union, our EU OTT Seller Addendum applies.

Downloadable Software: We may offer applications for devices (“Apps”) directly or through third-party stores. Subject to your compliance with these Terms of Service, Space Coast Acceptance Network LLC grants you a limited, non-exclusive, non-transferable, revocable license to download and use the Apps. We may update Apps from time to time to add new features and/or correct bugs. You shall ensure that you are using the most recent version of the App that is compatible with your device. We cannot guarantee that you will be able to use the most recent version of the App on your device. Apps offered through third-party stores are subject to our Third-Party Service Addendum.

Developer Tools: We may offer application programming interfaces (“APIs”) that allow developers to build applications connected to our Services. Our APIs and related documentation are governed by our API License Addendum.

Master Service Agreement: We may offer Services pursuant to an individually negotiated agreement. Master Service Agreements are governed by our Master Service Agreement..

Beta Services: We may invite you to try beta, pilot, or limited release features (“Beta Services”). By using any Beta Services, you agree that (a) Beta Services are not intended for commercial usage, may be modified or discontinued at any time, may contain bugs or errors, and are not subject to uptime, support, or other service level commitments; and (b) you will provide timely feedback to Space Coast Acceptance Network LLC and only use the Beta Services for the purpose of providing such feedback.

Third Parties: We may provide links to and integrations with websites or services operated by others. Your use of each such website or service is subject to its terms of service and our Third-Party Service Addendum.

9)Accounts

Account Registration: To use this site, you must open an account.  You will be asked to provide us with certain information such as an account name, a password and your email address.  By creating an account, you agree to receive notices from us to your email address.  You must keep your email address valid and current so that we are able to contact you.

Please make sure the information you provide to us upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.

Organizational Accounts: Corporate, governmental, and other organizational users must publicly display the legal name of their entity on their public account profile. If you are a government entity in the U.S., our Government Entity Addendum applies.

Account Profile: You grant Space Coast Acceptance Network LLC permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account. Space Coast Acceptance Network LLC shall have the right to identify public profiles in its marketing and investor materials.

Account Security: You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer. If you permit others to use your account credentials, you agree to these Terms of Service on behalf of all other persons who use the Services under your account or password, and you are responsible for all activities that occur under your account or password. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.

You acknowledge that Space Coast Acceptance Network LLC is not responsible for third-party access to your account that results from theft or misappropriation of your account.

Third-Party Accounts: Space Coast Acceptance Network LLC may permit you to register for and log on to the Space Coast Acceptance Network LLC Services via certain third-party services. The third-party’s collection, use, and disclosure of your information will be subject to that third-party service’s privacy notice. Further information about how Space Coast Acceptance Network LLC collects, uses, and discloses your personal information when you link your Space Coast Acceptance Network LLC account with your account on any third-party service can be found in our Privacy Notice.

Permitted Use. You may not assign or otherwise transfer your account to any other person or entity. You may not sell, rent, lease, share, assign, transfer, or provide access to your account to any other person or entity, including without limitation, charging anyone for access to administrative rights on your account. Space Coast Acceptance Network LLC reserves all available legal rights and remedies to prevent unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

Space Coast Acceptance Network LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Team Members: Certain subscription plans may allow you to grant other users (“team members”) access to the account. Each team member must create an account with their own login credentials. Both you and each team member is deemed a party to this Agreement. You are responsible for the actions of your team members and must monitor their access and usage.

Use by Minors, Age Requirements: Space Coast Acceptance Network LLC does not knowingly collect, either online or offline, personal information from persons under the age of 13. Use of Service is not available to persons under the age of 13.  If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.

BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SPACE COAST ACCEPTANCE NETWORK LLC SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE SPACE COAST ACCEPTANCE NETWORK LLC SERVICES.

Parents and Guardians: By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.

Restricted Users: You may not use our Services if you:

1. are a terror or hate group or a member thereof;

2. have been designated by a U.S. agency as an entity that we may not contract with (e.g., a Specially Designated National); or

3. are subject to sanctions by a non-U.S. government such that we would be required to block your videos in a substantial number of countries in which we provide service.

4. You may not purchase goods or software services from us if doing so would violate any U.S. sanctions. You hereby make a continuing representation that you are in compliance with the foregoing restrictions.

10) Use of Devices and Services

Access and use to the Space Coast Acceptance Network LLC Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing and using the Space Coast Acceptance Network LLC Services.

11)Subscription Plans

Plan Types: We offer free memberships and paid subscriptions that allow you to upload and share video content. You may purchase a “Self-Serve” plan (you sign up and pay online) or a “Master Service Account” plan (you work with a sales representative and execute an individualized agreement). Advertised prices and features may change.

Free Accounts: Free members may not submit videos that they did not create or play a material part in creating.

Fees: You must pay all fees (plus any taxes) during your subscription period and any renewal periods. Our fees may include a fixed monthly or annual fee plus variable fees for transactions or usage. We may adjust fees from time to time. We will attempt to notify you in advance of any such fee changes prior to your next billing cycle. If you do not wish to accept a fee change, you may cancel your subscription in accordance with this Agreement.

Free Trials and Discounts: We may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have canceled) and you must pay the full monthly or annual fee. If we provide a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.

Refund Policy: Subject to the terms hereof, Self-Serve subscribers who purchase plans directly from Space Coast Acceptance Network LLC may cancel and receive a full refund of their initial purchase within 30 days after purchasing an annual plan and 5 days after purchasing a monthly plan. Our refund policy does not apply to:

1. In-app purchases;

2. Fees charged immediately after a free-trial period ends;

3. Attempted abuse of the refund policy (i.e., by subscribing and requesting refunds repeatedly);

4. Subscription renewals or migrations to other plans;

5. Fees other than annual or monthly subscription fees;

6. Requests made after the specified periods;

7. Customers who have breached this Agreement or whose accounts were terminated in accordance with our Copyright Policy;

8. Customers who joined using a promotion that expressly disclaimed our refund policy;

9. Customers who have initiated a chargeback dispute; or

10. Master Service Agreement customers.

Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew at the end of each subscription period unless canceled beforehand. Monthly plans renew for 30-day periods. Annual plans renew for one year periods. You must pay the annual or monthly fee (plus any taxes) when each renewal period starts. Unused storage, bandwidth, and other usage limits do not roll over.

How to Decline Renewal: Self-Serve subscribers may opt out of automatic renewal by changing their account settings. Master Service Agreement plan customers may opt out according to the Master Service Agreement. Any opt-out or notice of non-renewal will not affect the current subscription period. Space Coast Acceptance Network LLC may decline renewals.

Lapse Policy: When a subscription ends, the account will, at Space Coast Acceptance Network LLC’s option, revert to a free membership or will be deleted.

Any content in the account may be deleted to comply with the limitations of the new account status. You are responsible for archiving your content. Space Coast Acceptance Network LLC shall not be responsible for the loss of any content. We may publish additional guidelines regarding the treatment of lapsed subscriptions. These guidelines describe current practices only and shall not require Space Coast Acceptance Network LLC to provide any level of post-subscription account status.

In-App Purchase: We may allow you to purchase subscriptions within Apps. When you make such “in-app” purchases, you will be billed by the app platform, not us. To turn off automatic renewal for subscriptions, access your platform’s account settings (not Space Coast Acceptance Network LLC’s). Our refund policy does not apply to in-app purchases. Any billing inquiries should be directed to the app platform.

Resale: You may not sell, resell, rent, lease, or distribute any plan or any other aspect of our Services to any third-party unless authorized by us in writing. We may suspend or terminate accounts sold via authorized resellers for non-payment to the reseller or any violation of the restrictions set forth in this Agreement.

12)Accessible Use Policy

Space Coast Acceptance Network LLC allows you to create, upload, live stream, store, messages, text, sound, images, applications, code, publish or other data or materials to the Space Coast Acceptance Network LLC Services (collectively, to "submit") content such as videos, recordings, images, and text (collectively, "User Content"); and to distribute streaming live and pre-recorded audio-visual works. You must ensure that User Content, and your conduct, complies with the Acceptable Use. Space Coast Acceptance Network LLC may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. Space Coast Acceptance Network LLC may remove or limit access or availability to any content or account that it considers in good faith to violate this Acceptable Use Policy.

13)User Content

Space Coast Acceptance Network LLC allows you to distribute streaming live and pre-recorded audio-visual works; to use services, such as chat, bulletin boards, forum postings, wiki contributions, and voice interactive services; and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code, or other data or materials on the Space Coast Acceptance Network LLC Services (“User Content”).

License to Space Coast Acceptance Network LLC: Unless otherwise agreed to in a written agreement between you and Space Coast Acceptance Network LLC that was signed by an authorized representative of Space Coast Acceptance Network LLC, if you submit, transmit, display, perform, post, or store User Content using the Space Coast Acceptance Network LLC  Services, you grant Space Coast Acceptance Network LLC and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to: (i) use, reproduce, modify, adapt, publish, translate, transcode, create derivative works from, distribute, perform, and display such User Content (including without limitation for promoting and redistributing part or all of the Space Coast Acceptance Network LLC Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (ii) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Space Coast Acceptance Network LLC and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service.

With respect to streaming live and pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete such User Content from the Space Coast Acceptance Network LLC Services, or generally by closing your account, except: (i) to the extent you shared it with others as part of the Space Coast Acceptance Network LLC Services and others copied or stored portions of the User Content (e.g., made a Clip); (ii) Space Coast Acceptance Network LLC used it for promotional purposes; and (iii) for the reasonable time it takes to remove from backup and other systems.

User Content Representations and Warranties: You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (i) you are the creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (ii) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; (iii) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (iv) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of Space Coast Acceptance Network or third parties. Space Coast Acceptance Network LLC reserves all rights and remedies against any users who breach these representations and warranties.

Unacceptable User Content: Unacceptable content is not allowed on our Service. When we find someone has violated our Terms of Service we take actions that can include removal of content, a warning, and/or suspension of their account.

ADDING IN SPECIFIC EXAMPLES

Copyright Compliance: Space Coast Acceptance Network LLC respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are the copyright owner or agent thereof and believe that content posted on the Space Coast Acceptance Network LLC Services infringes upon your copyright, please submit a notice following our DMCA Guidelines, which include further information about our policies, what to include in your notice, and where to submit your notice.  STRIPE

Trademarks: Space Coast Acceptance Network LLC, the Space Coast Acceptance Network LLC logos, and any other product or service name, logo, or slogan used by Space Coast Acceptance Network  LLC, and the look and feel of the Space Coast Acceptance Network LLC Services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of Space Coast Acceptance Network LLC, and may not be used in whole or in part in connection with any product or service that is not Space Coast Acceptance Network LLC’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Space Coast Acceptance Network LLC, without our prior written permission.

All other trademarks referenced in the Space Coast Acceptance Network LLC Services are the property of their respective owners. Reference on the Space Coast Acceptance Network LLC Services to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.

Content is Uploaded at Your Own Risk: Space Coast Acceptance Network LLC uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Space Coast Acceptance Network LLC does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Space Coast Acceptance Network LLC shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against Space Coast Acceptance Network LLC for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY SPACE COAST ACCEPTANCE NETWORK LLC HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

Promotions: Users may promote, administer, or conduct a promotion (e.g., a contest or sweepstakes) on, through, or utilizing the Space Coast Acceptance Network LLC Services (a “Promotion”). If you choose to promote, administer, or conduct a Promotion, you must adhere to the following rules: (i) You may carry out Promotions to the extent permitted by applicable law and you are solely responsible for ensuring that any Promotions comply with any and all applicable laws, obligations, and restrictions; (ii) You will be classified as the promoter of your Promotion in the applicable jurisdiction(s) and you will be solely responsible for all aspects of and expenses related to your Promotion, including without limitation the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including without limitation filing any and all necessary registrations and bonds. Space Coast Acceptance Network LLC has the right to remove your Promotion from the Space Coast Acceptance Network LLC Services if Space Coast Acceptance Network LLC reasonably believes that your Promotion does not comply with the Terms of Service or applicable law; (iii) Space Coast Acceptance Network is not responsible for and does not endorse or support any such Promotions. You may not indicate that Space Coast Acceptance Network LLC is a sponsor or co-sponsor of the Promotion; and (iv) You will display or read out the following disclaimer when promoting, administering, or conducting a Promotion: “This is a promotion by [Your Name]. Space Coast Acceptance Network LLC does not sponsor or endorse this promotion and is not responsible for it.”

14)Prohibited Conduct

YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while on the Space Coast Acceptance Network LLC Services.

You agree that you will comply with these Terms of Service and Space Coast Acceptance Network LLC’s Community Guidelines and will not:

1. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;

2. impersonate any person or entity; falsely claim an affiliation with any person or entity; access the Space Coast Acceptance Network LLC Services accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Space Coast Acceptance Network LLC Services; or perform any other similar fraudulent activity;

3. send junk mail or spam to users of the Space Coast Acceptance Network LLC Services, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;

4. harvest or collect email addresses or other contact information of other users from the Space Coast Acceptance Network LLC Services;

5. defame, harass, abuse, threaten, or defraud users of the Space Coast Acceptance Network LLC Services, or collect or attempt to collect, personal information about users or third parties without their consent;

6. delete, remove, circumvent, disable, damage, or otherwise interfere with (i) security-related features of the Space Coast Acceptance Network LLC Services or User Content, (ii) features that prevent or restrict use or copying of any content accessible through the Space Coast Acceptance Network LLC Services, (iii) features that enforce limitations on the use of the Space Coast Acceptance Network LLC Services or User Content, or (iv) the copyright or other proprietary rights notices on the Space Coast Acceptance Network LLC Services or User Content;

7. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Space Coast Acceptance Network LLC Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;

8. modify, adapt, translate, or create derivative works based upon the Space Coast Acceptance Network LLC Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

9. interfere with or damage the operation of the Space Coast Acceptance Network LLC Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

10. relay email from a third-party’s mail servers without the permission of that third-party;

11. access any website, server, software application, or other computer resource owned, used, and/or licensed by Space Coast Acceptance Network LLC, including but not limited to the Space Coast Acceptance Network LLC Services, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures Space Coast Acceptance Network LLC may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by Space Coast Acceptance Network LLC, including but not limited to the Space Coast Acceptance Network LLC Services;

12. manipulate identifiers in order to disguise the origin of any User Content transmitted through the Space Coast Acceptance Network LLC Services;

13. interfere with or disrupt the Space Coast Acceptance Network LLC Services or servers or networks connected to the Space Coast Acceptance Network Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Space Coast Acceptance Network LLC Services; use the Space Coast Acceptance Network LLC Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Space Coast Acceptance Network LLC Services, or that could damage, disable, overburden, or impair the functioning of the Space Coast Acceptance Network LLC Services in any manner;

14. use or attempt to use another user’s account without authorization from that user and Space Coast Acceptance Network LLC;

15. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Space Coast Acceptance Network LLC Services that you are not authorized to access;

16. attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and

17. use the Space Coast Acceptance Network LLC Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.

To the extent permitted by applicable law, Space Coast Acceptance Network LLC takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Space Coast Acceptance Network liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Space Coast Acceptance Network LLC Services. Your use of the Space Coast Acceptance Network LLC Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Space Coast Acceptance Network LLC Services will not contain any content that is prohibited by such rules.

Space Coast Acceptance Network LLC is not liable for any statements or representations included in User Content. Space Coast Acceptance Network LLC does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Space Coast Acceptance Network LLC expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, Space Coast Acceptance Network LLC reserves the right to remove, screen, or edit any User Content posted or stored on the Space Coast Acceptance Network Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Space Coast Acceptance Network LLC Services at your sole cost and expense. Any use of the Space Coast Acceptance Network LLC Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Space Coast Acceptance Network LLC Services.

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15)Endorsements/Testimonials

You agree that your User Content will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s Disclosures Guide, the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time (the “FTC Guidelines''), as well as any other advertising guidelines required under applicable law. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Space Coast Acceptance Network LLC Services, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Space Coast Acceptance Network LLC Services, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not Space Coast Acceptance Network LLC, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Space Coast Acceptance Network LLC Services.

16)Political Activity

Subject to these Terms of Service, you may share political opinions; participate in political activity; provide links to a political committee’s official website, including the contribution page of a political committee; and solicit viewers to make contributions directly to a political committee. You agree, however, that these activities are entirely your own. Moreover, by engaging in these activities, you represent and warrant that you are eligible to engage in them under applicable law, and that you will abide by all relevant laws and regulations while doing so.

You agree not to solicit the use of or use any Space Coast Acceptance Network LLC monetization tool (e.g., Bits or subscriptions) for the purpose of making or delivering a contribution to a candidate, candidate’s committee, political action committee, ballot committee, or any other campaign committee, or otherwise for the purpose of influencing any election. Candidates for political office are not eligible to use any Space Coast Acceptance Network LLC monetization tool on their channels.

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12. Third-Party Content

In addition to the User Content, Space Coast Acceptance Network LLC may provide other third-party content on the Space Coast Acceptance Network LLC Services (collectively, the “Third-Party Content”). Space Coast Acceptance Network LLC does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third-Party Content, update, or monitor it. Therefore we are not responsible for any Third-Party Content on the Space Coast Acceptance Network LLC Services.

You are responsible for deciding if you want to access or use third-party websites or applications that link from the Space Coast Acceptance Network LLC Services (the “Reference Sites”). Space Coast Acceptance Network LLC does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Space Coast Acceptance Network LLC Services are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.

17)International Users

The Service is controlled, operated and administered by Space Coast Acceptance Network LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Space Coast Acceptance Network LLC Content accessed through “Site” in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

18)Term and Termination

This Agreement begins when you first use Space Coast Acceptance Network LLC Services and continues so long as you use Space Coast Acceptance Network LLC Service or have an account with us, whichever is longer. Paid accounts will continue for the subscription period and will renew in accordance with Section 10 above. With respect to users who do not have a subscription plan (i.e., free users), (a) Space Coast Acceptance Network LLC may terminate this Agreement at any time by providing thirty (30) days’ written notice, and (b) applicable users may terminate at any time by deleting their accounts.

To the fullest extent permitted by applicable law, Space Coast Acceptance Network LLC reserves the right, without notice and in our sole discretion, to terminate your license to use the Space Coast Acceptance Network LLC Services (including to post User Content) and to block or prevent your future access to and use of the Space Coast Acceptance Network LLC Services, including where we reasonably consider that: (a) your use of the Space Coast Acceptance Network LLC Services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the Space Coast Acceptance Network LLC Services; or (c) we are unable to continue providing the Space Coast Acceptance Network LLC Services to you due to technical or legitimate business reasons. Our right to terminate your license includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the Space Coast Acceptance Network LLC Services, (ii) any term of these Terms of Service, (iii) any policy or practice of Space Coast Acceptance Network LLC in operating the Space Coast Acceptance Network LLC Services, or (iv) any content or information transmitted through the Space Coast Acceptance Network LLC Services, is to terminate your account and to discontinue use of any and all parts of the Space Coast Acceptance Network LLC Services.

If Space Coast Acceptance Network LLC deletes your account for breach, you may not re-register.

19)Disputes

Indemnification: To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Space Coast Acceptance Network LLC, its affiliated companies, and each of our respective contractors, employees, officers, directors, agents,  third-party suppliers, licensors, and partners (individually and collectively, the “Space Coast Acceptance Network LLC Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Space Coast Acceptance Network LLC Services, any User Content you post, store, or otherwise transmit in or through the Space Coast Acceptance Network LLC Services, your violation of the rights of any third-party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the Space Coast Acceptance Network LLC Parties of any third-party claim, and Space Coast Acceptance Network LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Space Coast Acceptance Network LLC, and you agree to cooperate with Space Coast Acceptance Network LLC’s defense of these claims. Space Coast Acceptance Network LLC will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Disclaimer; No Warranties: SPACE COAST ACCEPTANCE NETWORK LLC PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and internet access.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, SPACE COAST ACCEPTANCE NETWORK LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, Space Coast Acceptance Network LLC makes no representations or warranties that:

1. our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers;

2. we will host, make available, or remove any specific piece of content;

3. concerning any content submitted by or actions of our users;

4. any geo-filtering or digital rights management solution that we might offer will be effective;

5. we comply with the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach-Bliley Act (GLBA), or any other industry-specific privacy obligations;

6. our Services will meet your business or professional needs;

7. we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or

8. Concerning any third-party websites and resources.

20)Limitation of Liability and Damages

Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL SPACE COAST ACCEPTANCE NETWORK LLC OR THE SPACE COAST ACCEPTANCE NETWORK LLC PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, 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), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SPACE COAST ACCEPTANCE NETWORK LLC SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM SPACE COAST ACCEPTANCE NETWORK LLC, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SPACE COAST ACCEPTANCE NETWORK LLC’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SPACE COAST ACCEPTANCE NETWORK LLC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SPACE COAST ACCEPTANCE NETWORK LLC SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SPACE COAST ACCEPTANCE NETWORK LLC SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, SPACE COAST ACCEPTANCE NETWORK LLC SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.

Reference Sites: THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN SPACE COAST ACCEPTANCE NETWORK LLC AND RECEIVED THROUGH OR ADVERTISED ON THE SPACE COAST ACCEPTANCE NETWORK LLC SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.

Basis of the Bargain: YOU ACKNOWLEDGE AND AGREE THAT SPACE COAST ACCEPTANCE NETWORK LLC HAS OFFERED THE SPACE COAST ACCEPTANCE NETWORK LLC SERVICES, USER CONTENT, MATERIALS, AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SPACE COAST ACCEPTANCE NETWORK LLC, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Space Coast Acceptance Network LLC. Space Coast Acceptance Network LLC WOULD NOT BE ABLE TO PROVIDE THE Space Coast Acceptance Network LLC SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

21)Applicable Law and Venue

To the fullest extent permitted by applicable law, you and Space Coast Acceptance Network LLC agree that if you are a Subscribing Organization or a consumer resident of a jurisdiction other than those in below, the following governing law and arbitration provision applies:

PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SPACE COAST ACCEPTANCE NETWORK LLC AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SPACE COAST ACCEPTANCE NETWORK LLC.

You and Space Coast Acceptance Network LLC agree to arbitrate any dispute arising from these Terms of Service or your use of the Space Coast Acceptance Network LLC Services, except that you and Space Coast Acceptance Network LLC are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Space Coast Acceptance Network LLC agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Space Coast Acceptance Network LLC shall be sent to: Space Coast Acceptance Network LLC. Attn: Legal, 5255 Sorrell Dr. Melbourne, FL 32934. You and Space Coast Acceptance Network LLC further agree: i) to attempt informal resolution prior to any demand for arbitration; ii) that any arbitration will occur in Brevard County, Florida; iii) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Brevard County, Florida have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of Florida and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Space Coast Acceptance Network LLC will not commence against the other a class action, class arbitration, or other representative action or proceeding.

If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then any disputes, claims, or causes of action arising out of or in connection with these Terms of Service will be governed by and construed under the laws of your jurisdiction of residence, and shall be resolved by competent civil courts within your jurisdiction of residence.Small Claims Court Exception: Notwithstanding the above, each party has the right to bring an individual Covered Privacy Claim against the other in a small claims court of competent jurisdiction pursuant to Rule 1 of JAMS’ Minimum Consumer Standards. If one party files an arbitration that could be litigated in such a small claims court, the responding party may request that the dispute proceed in small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed. If requested after the appointment of the arbitrator, the arbitrator shall administratively close the arbitration so long as the proceedings are at an early stage and no hearing has occurred.​