last updated on July 14, 2023.

 

This agreement applies between you, the User of this Website (AndreErving.com), and Andre Erving.com, LLC, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using this Website immediately.

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No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer, and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.

 

1. Definitions and Interpretation

In this Agreement, the following terms shall have the following meanings:

 

"Account" means collectively the personal information, Payment Information, and credentials used by Users to access Paid Content and/or any communications System on the Website;

 

"Content" means any text, graphics, images, audio, video, software, data compilations, and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

 

"Facilities" means collectively any online facilities, tools, services, or information that Andre Erving.com, LLC. makes available through the Website either now or in the future;

 

"Services" means the services available to you through this Website or In Person, specifically the use of the Andre Erving.com, LLC proprietary e-learning platform;

 

"Payment Information": means any details required for the purchase of Services or Products from this Website. This includes, but is not limited to, credit/debit card numbers, bank account numbers, and sort codes;

 

"Premises": Means Our place(s) of business located at 3317 W. 95th St. Ste 7, Evergreen Park, IL 60805 & 3280 Pointe Parkway, Ste 2000, Peachtree Corners, GA 30092;

 

"System" means any online communications infrastructure that Andre Erving.com, LLC, makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities, and email links;

 

"User" / "Users": means any third party that accesses the Website and is not employed by Andre Erving.com, LLC, and acting in the course of their employment;

 

"Website" means the website that you are currently using (www.andreerving.com) and any sub-domains of this site (e.g. subdomain.yourschool.com) unless expressly excluded by their terms and conditions; and

 

"We/Us/Our": means Andre Erving.com, LLC, a Limited Liability Corporation in the United States of America with a headquarters in Peachtree Corners, GA.

 

2. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

 

3. Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business.

 

4. Andre Erving.com, LLC Intellectual Property Rights:

4.1 Subject to the exceptions in Clause 5 of these The contents of this website, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), photographs, editorial content, notices, software (including HTML-based computer programs), and other material are protected under both United States and other applicable copyright, trademark, and other laws. The contents of the Services belong or are licensed to Andre Erving.com, LLC, or its software or content suppliers. Andre Erving.com, LLC grants you the right to view and use the Services subject to these terms. You may download or print a copy of the information provided with your course or order(s) for your personal, internal, and non-commercial use only. Any distribution, reprint, or electronic reproduction of any content from Andre Erving.com, LLC website in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use Andre Erving.com, LLC website or its services or content in a manner that violates any applicable law, regulation, or this Agreement.

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5. Third-Party Intellectual Property

5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store, or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

 

6. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

 

7. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Andre Erving.com, LLC, or Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any loss or damage arising from their use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or those in control of them.

 

8. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.andreerving.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact us by email at support@andreerving.com or call us at the following number - 404-300-3700

 

9. Use of Communications Facilities

9.1 When using any System on the Website you should do so by the following rules. Failure to comply with these rules may result in your Account being suspended or closed:

9.1.1 You must not use obscene or vulgar language;

9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist, or racist;

9.1.3 You must not submit Content that is intended to promote or incite violence;

9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to inquiries submitted in any other languages;

9.1.5 How you identify yourself must not violate these Terms and Conditions or any applicable laws;

9.1.6 You must not impersonate other people, particularly employees, and representatives of Andre Erving.com, LLC or Our affiliates; and

9.1.7 You must not use Our System for unauthorized mass-communication such as "spam" or "junk mail".

9.2 You acknowledge that Andre Erving.com, LLC, reserves the right to monitor any communications made to Us or using Our System.

9.3 You acknowledge that Andre Erving.com, LLC, may retain copies of any communications made to Us or using Our System.

9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

 

10. Accounts

10.1 To procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:

10.1.1 all information you submit is accurate and truthful;

10.1.2 you have permission to submit Payment Information where permission may be required; and

10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.

10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorized orders or payments that may be pending. Please be aware that orders or payments can only be canceled up until the provision of Services has commenced. If an unauthorized provision commences before your notifying Us of the unauthorized nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.

10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

 

11. Termination and Cancellation of Accounts

11.1 Either Andre Erving.com, LLC, or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.

11.2 If We terminate your Account, any current or pending orders or payments on your Account will be canceled and the provision of Services will not commence.

11.3 You acknowledge and agree that Andre Erving.com, LLC may immediately deactivate your account and delete all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Andre Erving.com, LLC shall not be liable to you or any third party for any termination of your access to the Services.

 

12. Services, Pricing, and Availability

12.1 While every effort has been made to ensure that all general descriptions of Services available from Andre Erving.com, LLC, correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.

12.2 Where appropriate, you may be required to select the required Plan of Services.

12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.

12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

12.5 If prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

 

13. Orders and Provision of Services

13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by our sending you an order confirmation email. Only once we send you an order confirmation email will there be a binding contract between Andre Erving.com, LLC, and you.

13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:

13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;

13.2.2 Fully itemized pricing for the Services ordered including, where appropriate, taxes, delivery, and other additional charges;

13.2.3 Relevant times and dates for the provision of the Services;

13.2.4 User credentials and relevant information for accessing those services.

13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you about that order will be refunded within 14 calendar days.

13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and on the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.

13.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.

13.6 Andre Erving.com, LLC, shall use all Our reasonable endeavors to provide the Services with reasonable skill and care, commensurate with best trade practice.

13.7 If Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.

Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.

13.8 Andre Erving.com, LLC, provides login and order support via our online support forum and/or phone. Andre Erving.com, LLC, makes every effort possible to respond promptly but we do not guarantee a particular response time.

 

14. Privacy

Use of the Website is also governed by Our Privacy Policy (www.andreerving.com/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

 

15. How We Use Your Personal Information (Data Protection)

15.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used, and held by the Data Protection Act 1998 provisions and your rights under that Act.

15.2 We may use your personal information to:

15.2.1 Provide Our Services to You;

15.2.2 Process your payment for the Services; and

15.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.

15.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.

15.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

 

16. Disclaimers

16.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

16.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

16.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

16.4 Whilst We use reasonable endeavors to ensure that the Website is secure and free of errors, viruses, and other malware, you are strongly advised to take responsibility for your internet security, that of your details, and your computers.

 

17. Changes to the Facilities and these Terms and Conditions

We reserve the right to change the Website, its Content, or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

 

18. Availability of the Website

18.1 The Website is provided “as is” and on an “as available” basis. Andre Erving.com, LLC, uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and/or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility, and satisfactory quality.

18.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, or legal restrictions, and censorship.

 

19. Limitation of Liability

19.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special, or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.

19.2 Nothing in these Terms and Conditions excludes or restricts.

19.3 Nothing in these Terms and Conditions excludes or restricts Andre Erving.com, LLC's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.

19.4 If any of these terms are found to be unlawful, invalid, or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

 

20. No Waiver

If any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

21. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

 

22. Third-Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement these Terms and Conditions created is between you and Andre Erving.com, LLC.

 

23. Communications

23.1 All notices/communications shall be given to Us either by post to Our Premises (see address above) or by email to support@andreerving.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day, and the next business day if the email is sent on a weekend or public holiday.

23.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.

 

24. Law and Jurisdiction

These Terms and Conditions and the relationship between you and Andre Erving.com, LLC, shall be governed by and construed by Andre Erving.com, LLC, and you agree to submit to the exclusive jurisdiction of the United States of America.

 

25. Refund Policy For Online Courses and Materials

25.1 All sales are final, there are no refunds. By using this website (www.andreerving.com) and making a purchase on this website, you agree to our terms and conditions. You are purchasing informational materials that will further your knowledge and understanding. We do not guarantee a certain amount of money a person will make or the type of results they will see.

 

26. Refund Policy For In-Person Hands-On Training

26.1 There are no refunds for any training courses that we provide. You may reschedule one time. When you sign up for our Hands-On Training courses, we purchase materials, software, and other things to ensure you have the best training experience possible. We also have limited seating, so if you don't show up, you will have inconvenienced someone else from attending our class. We have provided links on all our websites, payment pages, etc. that link to this page. Please familiarize yourself as much as possible. All sales are final, there are no refunds. By using this website (www.andreerving.com) and making a purchase on this website, you agree to our terms and conditions. You are purchasing informational materials that will further your knowledge and understanding. We do not guarantee a certain amount of money a person will make or the type of results they will see.

 

27. ​Refund Policy For Logos, Computers, Websites, Documents, Software, Phone Systems, and other hardware and software that we might own or sell right now or in the future.

27.1 Logos:
Refunds will be considered if we failed to deliver your logo the way you want it. It is recommended to input the exact details and colors of the logo when you sign up. We will revise or modify a logo 3 times, after the 3rd time, we will charge you again to make changes or create a new one. The price we charge is 100% up to us unless otherwise stated somewhere else throughout our website.

 

27.2 Computers:

All computers and hardware will be brand new if we have them in stock, if we do not have the computer or hardware in stock, we might provide a refurbished product. All computers and hardware will be of top quality, whether it is brand new or refurbished. If you purchase a package that comes with a computer, you will receive a desktop computer. If you would like a laptop instead, you may purchase one for an extra fee. All computers will come with instructions for technical support and maintenance.

We do not install virus protection or any software on your computer unless you give us consent to do so. We are not computer technicians, so we do not fix computers. Andre Erving.com, LLC, will not be responsible for any computer, hardware, or equipment after 30 days. If the computer is damaged when you receive it, please contact us so we can send out another computer or provide a refund if we do not have another computer of similar value. 

 

27.3 Websites:

For all websites that Andre Erving.com, LLC, or its Affiliates create, Andre Erving.com, LLC will maintain them, unless we notify you that a third party has created them. If you want to make changes to your website, we might charge you a fee, depending on how much time it will take us to do it. If you do not like the website we create for you, you may submit a ticket with the changes that you would like us to make. We will make all changes within 5 business days. All websites that Andre Erving.com, LLC, creates, comes with a $50.00 per month hosting fee. Hosting is how your website gets seen on the internet, without hosting, your website will not be seen by anyone. There are no refunds for website design services.

 

27.4 Documents:

Andre Erving.com, LLC, creates all documents on your behalf, in the signup process, you will complete a few forms, please make sure they are complete with correct accurate information. Andre Erving.com, LLC, will not be held responsible for documents that come back with incorrect information on them, all we do is transfer the information from the forms you have completed. If we make a mistake, we will cover all costs for amendments or the purchase of new documents.

 

27.5 Documents:

All software will come from third parties, we do not manufacture, configure, or update the software itself. With your consent, we will install software on your computer. There are no refunds for software.

 

27.6 Phone Systems:

All phone systems come from third parties, we do not manufacture, configure, or update phone systems. If there is an issue with any phone system, please submit a ticket so we can investigate the issue(s). If the phone system is defective, we will provide instructions on how to send it back to the third party for a refund or exchange.

 

27.7 Other Hardware:

All hardware of any kind comes from third parties, we do not manufacture or maintain any hardware, if there is an issue with your hardware, please submit a ticket so we can investigate the issue. If the hardware is defective, we will provide instructions on how to send it back to the third party for a refund or exchange.

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28 Refund policy for Apparel: Apparel, meaning all clothing, hats, pants, shirts, shoes, jackets, and anything that you can wear. 

28.1: All apparel is sold with the exact sizes for men or women, you will see an option to select different sizes on the item page. If you receive an item that is in a different condition than described, please submit a ticket so we can investigate the issue and provide a refund if we can't send another item out or you do not want a replacement. 

28.2: All apparel will be shipped in 1 to 3 days depending on the order. We will contact you if there is an issue.

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29 Access and Interface: 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 Andre Erving.com, LLC website or any portion of the website, without Andre Erving.com, LLC express written consent, which may be withheld in Andre Erving.com, LLC's sole discretion; Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Andre Erving.com, LLC website, other than the search engines and search agents available through Andre Erving.com, LLC and other than generally available third-party web browsers (such as Microsoft Explorer); Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Andre Erving.com, LLC website; Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part Andre Erving.com, LLC website; orAttempt to gain an unauthorized access to any portion of Andre Erving.com, LLC website.

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30 Not a Financial Planner, Financial Broker, Investment Advisor, Tax Advisor, or Attorney:

NEITHER Andre Erving.com, LLC NOR THE SERVICES Andre Erving.com, LLC PROVIDES ARE INTENDED TO PROVIDE LEGAL, TAX, INVESTMENT, FINANCIAL ADVICE, OR FINANCIAL BROKERING SERVICES. Andre Erving.com, LLC IS NOT A FINANCIAL PLANNER, FINANCIAL BROKER, INVESTMENT ADVISOR, OR TAX ADVISOR. Andre Erving.com, LLC IS A THOUGHT LEADER IN FINANCIAL LITERACY, TRANSPORTATION BROKERAGE SERVICES, FREIGHT BROKER TRAINING SERVICES AND SOURCES A NETWORK OF LICENSED SERVICE PROVIDERS TO FULFILL APPLICABLE SERVICES. The services Andre Erving.com, LLC provides are educational and intended only to assist you in your financial organization, transportation career, trucking company, transportation brokerage, and self-development journey. Your personal or company's situation is unique, and any information and advice obtained through Andre Erving.com, LLC may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any strategy, technique, or plan, you should consider obtaining additional information from your attorney or legal counsel and take advice from those who are fully aware of your circumstances or situations.

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31 Your Indemnification of Andre Erving.com, LLC:

You shall defend, indemnify and hold harmless Andre Erving.com, LLC and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract or otherwise, that arise out of or relate, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you about Andre Erving.com, LLC or your use of this website or services.

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32 Use with Your Mobile Device

Use of these Services may be available through a compatible mobile device, Internet, and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees as well as the terms of your agreement with your mobile device and telecommunications provider. Andre Erving.com, LLC MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

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33 Communication with You

Andre Erving.com, LLC may mail, email, call, or text you regarding your account or the services or products you have purchased, including to notify you of new or existing services or products or of offers or advertisements for third-party products or services. You may opt out of any and/or all methods or means of contacting you regarding offers or advertisements for third-party products or services.

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34. Modifications

Andre Erving.com, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily suspend, or permanently remove, any of Andre Erving.com, LLC's Website content or Services with or without notice. Andre Erving.com, LLC reserves the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such an event, if you are a paid user of the Services, Andre Erving.com, LLC will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Andre Erving.com, LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

Andre Erving.com, LLC may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Websites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the website or services after those changes are posted.

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35 Governing Law and Forum for Disputes

Georgia state law governs this Agreement without regard to its conflicts of laws provisions.

 

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS OF USE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Georgia law to all other matters. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND Andre Erving.com, LLC ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

 

To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Andre Erving.com, LLC, 3280 Pointe Parkway Ste 2000, Peachtree Corners, GA 30092. The arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees and costs will be governed by the AAA's rules. Andre Erving.com, LLC will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This section shall survive the expiration, termination, or rescission of this Agreement.