Terms of Service
Last Updated: January 31, 2024
1. General
Lion Cubs LLC doing business as Eagles Capital (“Eagles Capital,” “Us,” “We,” or “Our”) own, operate, and maintain www.eaglescapital.com and all of the various pages contained therein, including subdomains (collectively, the “Site”). Any person’s, whether an individual or any form of artificial person (collectively, “You” or “User”), use of the Site and information, if any, provided through it are governed by and subject to these Terms of Service (“Terms”).
As discussed further below, both You and We agree, with the limited exceptions noted below, to resolve all disputes between You and Us through BINDING ARBITRATION. YOU AND WE ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION/PRIVATE ATTORNEY GENERAL ACTION.
In the event You make a purchase from Eagles Capital and execute Eagles Capital’s Customer Transaction Agreement, and there is a conflict between these Terms and the Customer Transaction Agreement You sign, the provisions of the Customer Transaction Agreement shall control.
2. Legal Agreement
These Terms are a legal agreement between You and Us and contain important information regarding Your legal rights, remedies and obligations. By accessing, browsing, or otherwise using the Site, You (i) acknowledge You have read, understand, and agree to be bound by these Terms and the Site’s Privacy Policy (available at Privacy Policy); (ii) agree to comply with all applicable laws, rules and regulations with respect to Your use of the Site; and (iii) represent You are an adult (18 years of age or older) and have the legal capacity to enter into contracts in the jurisdiction where You reside. Our permitting You access to the Site is conditioned on Your agreeing to all of the Terms, including Your compliance with Our policies, including Our Privacy Policy.
If You do not agree to these Terms, You may not access, browse or use the Site, and should discontinue Your activities immediately. If You access Our website, You are agreeing to these Terms.
We may from time to time amend these Terms and/or Our Privacy Policy. Those changes will be posted on the Site and may also be communicated to You (in Our complete discretion) by any written contact method We have with You. However, these changes take effect on the date posted on the Site.
3. Definitions
Eagles Capital includes Lion Cubs LLC d/b/a Eagles Capital, and its trustees, officers, directors, shareholders, members, employees, attorneys and agents (current and past) and any affiliates, individually and collectively, and any related individuals or entities.
Information means any of the Site or other information provided or offered by Us, including those described in these Terms, whether through a website owned, maintained or controlled by Us, through a social network, a mobile application, on a cellular telephone or otherwise.
4. Privacy Policy
You understand and agree that, by using and accessing the Site, You agree to the collection, use and disclosure of User personally identifiable information (“PII”) as set forth in Our Privacy Policy. You also agree to have all PII collected, used, transferred to and processed in the United States and/or elsewhere. We respect Your privacy and share Your concerns about privacy protection. Please refer to Our Privacy Policy for information on how We collect, use and disclose information from/about our Users. You acknowledge and agree that Your use of the Site is subject to Our Privacy Policy. By accessing and using the Site, You consent to all actions taken by Us with respect to Your information in compliance with Our Privacy Policy.
We may change Our Privacy Policy at any time. If We make changes to the Privacy Policy, We will notify You either by posting the changed Privacy Policy on the Site or by communicating it to You (in Our complete discretion) by any written contact method We have with You. We will also indicate the “Last Updated” date at the top of the Privacy Policy. If We let You know of changes through an email communication (or some other form of direct communication), then the date on which We send the email or other communication will be deemed to be the date of Your receipt of that email or other communication.
5. Authorization to Contact You
By agreeing to these Terms, You hereby expressly authorize Eagles Capital, and its affiliates, designees and agents, to contact You as described below.
a. Do Not Call Registry Waiver. You hereby expressly authorize Eagles Capital to telephone You at any number You provide (and any updated or additional numbers You may provide in the future), regardless of whether or not Your telephone number appears in the “National Do Not Call Registry,” established pursuant to 16 CFR§ 310.4(b)(1)(iii)(B). You may revoke consent at any time and by any reasonable means.
b. Telephone Consumer Protection Act Authorization. You hereby expressly agree that Eagles Capital may call You and/or send text messages and/or send emails to You at any telephone number or email account You provide (and any updated or additional numbers or email accounts You may provide in the future), including wireless telephone numbers (commonly known as mobile or cellphone numbers) that could result in charges to You. The manner in which these calls, text messages or emails are made to You may include, without limitation, the use of prerecorded/artificial voice messages (including Artificial Intelligence) and/or automatic telephone dialing systems. You may revoke consent at any time and by any reasonable means, including by texting “Stop” in response to any text message You receive, emailing a stop request to [email protected] (which does not bounce back) or mailing Your request to Eagles Capital, 9777 Wilshire Blvd., Suite 718 Beverly Hills, CA 90212. If You email or write, please clearly identify Yourself and what methods, number(s) or email address(es) that the Company should stop using to communicate with You, if less than all.
6. Site Access Rules
You warrant and agree that, while accessing or using the Site, You will not:
a. hack, attack, copy or alter any content on the Site or obtain or attempt to gain unauthorized access to the Site and/or other computer systems, materials, information or any content available on or through the Site through any means, including through means not intentionally made publicly available or provided through the Site;
b. use the Site or any of its features, content and/or information in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other user’s use and enjoyment of the Site;
c. engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, “screen scrapping,” “database scraping,” or any other activity whose purpose is to obtain lists of users, their PII or any other information We maintain about Site visitors;
d. remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained in or on the Site or any of its content or any of Our code embedded in or embeddable on the Site or on a third-party website;
e. submit any comments, content or materials to Us or any third-party website that falsely expresses or implies those comments, or any content or materials are endorsed by Us;
f. use the Site or any of its information or features in violation of the intellectual property or other proprietary or legal rights or Our rights or those of any third party;
g. use the Site to violate the security of any computer network or transfer or store illegal material;
h. use the Site or any of its content and/or information/features in violation of any applicable law;
i. use false information or impersonate any person or entity or misrepresent Your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site or any person or entity otherwise affiliated with Us;
j. post, upload, transmit, publish, reproduce or otherwise disseminate through the Site any content that We determine in Our sole discretion is: (i) unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, discriminatory, or otherwise infringes Our or any third party’s intellectual property or other rights; (ii) is derogatory or harmful to Our reputation or that of any affiliated individuals or entities; (iii) is harmful to children in any manner; and/or (iv) seeks to or discriminates against any individual based on race, gender, national origin, sexual preference, physical or mental handicap or on any other basis protected by law;
k. attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Site or any of its content and/or information/features;
l. submit false or misleading information to Us;
m. modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and/or organization of the Site or any portion thereof, except where required by applicable local law, and then only to the extent required by such law(s);
n. violate the intellectual property, contractual, personal or other rights of any individual or entity, or promote or perpetrate illegal activity;
o. violate any of these Terms, Our Privacy Policy or any local, state, provincial, federal, national or international law, rule or regulation or any rules of conduct posted with respect to any individual feature of the Site or that of any third party to whose site We link;
p. transmit, disseminate or use any spam, malware, viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms, or other objectionable materials, or any other malicious or invasive code or program, or upload or transmit (or attempt to do so) any material that acts as a passive or active information collection or transmission mechanism, including but not limited to, clear graphics interchange formats, pixels, web bugs, cookies and/or similar devices;
q. other than as the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, but not limited to, any spider, robot, bot, cheat utility, scraper or offline reader that accesses the Site, or use or launch any unauthorized script or other software;
r. obscure or cover any notice, banner, advertisement or other branding on the Site;
s. circumvent, interfere with or seek to interrupt or disturb any security feature of the Site or any feature that restricts or enforces limitations on the use of or access to the Site.
The foregoing examples are made solely for illustrative purposes and do not constitute an exhaustive list of restricted or prohibited activities.
7. Third-Party Information
The Site may contain information, content or links to websites of third parties. If You click these links, You will leave Our Site. These third parties and their websites are not under Our control. We are not responsible for their content or operation. By providing information from or links to these websites, We do not approve, warrant, endorse, or otherwise make any representation about them or their owners or operators, and do not assume any related responsibility or liability. You should exercise Your own judgment in evaluating and using these websites. When You link to these websites, You become subject to their terms and conditions of use and privacy policies and should review them carefully before entering any such websites. We do not endorse these websites and our Terms and Privacy Policy do not apply to them.
You expressly release Us from any and all liability arising from Your use of any third-party website, service or content. You specifically agree that We are not responsible for any loss or damage of any sort resulting or arising from Your dealings with those third-party websites and/or their providers.
8. Reports and Other Content
We from time to time may include on the Site information such as articles, reports, and alerts. You acknowledge and agree that such information is provided “as is” and for general background only. This information is not User or recipient specific, and does not (in any sense) speak to Your specific financial situation/circumstances or any investment decisions You should make or refrain from making. You acknowledge and agree that You may not and will not rely upon any such information in making transaction decisions or for any other purpose, that such information does not constitute advice, and that no fiduciary relationship exists as a result of such information or for any other reason.
9. Intellectual Property Rights Ownership
Unless otherwise noted, Eagles Capital and its affiliated parties, subsidiaries, distributors, vendors, contractors, licensors and/or licensees are the exclusive owners or licensees of all the content on the Site, including but not limited to any software, application and website, and of all related intellectual property rights therein, including, but not limited to, all copyrights, moral rights, trademark and patent rights (the “IP”). Our content includes, but is not limited to, all features, content, audio clips, video clips, editorial content, functions, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the Site.
All trademarks, trade names, copyrights, logos and service-marks (collectively, the “Marks”) related to Our IP are our exclusive property. Unauthorized use of any of the Marks or of any word, term, name or symbol that is likely to cause confusion or mistake with respect to Your connection or association with Eagles Capital, or our approval or sponsorship of Your products or services, or that is likely to dilute any of Our Marks is strictly prohibited by law. All third-party trade names, trademarks, logos, copyrights and service marks, if any, that appear in or on the Site are the property of their respective owners.
You do not acquire any ownership interest in any IP or the Marks by accessing, browsing or otherwise using the Site. You may not use, reproduce, copy, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of Our IP or Marks or any of the Site’s information/content.
10. License
All right, title and interest in and to the Site and Our information and content are and shall remain the exclusive property of Eagles Capital. The Site and Our information and content are protected by copyright, trademark, and other laws of the United States and other countries. Nothing in these Terms gives You the right to use or reproduce any of Our trademarks, logos, domain names and other distinctive brand features or information/content.
On condition of Your acceptance of these Terms, We grant You a non-exclusive, limited, non-transferrable, freely revocable license to use the Site and its content and information for Your personal, non-commercial use.
We reserve all rights not expressly granted herein.
11. Disclaimers/No Warranties
We administer, control and operate the Site from Our offices in the United States of America. The Site is accessible world-wide, but we do not sell precious metals outside of the United States. Some of the Site’s features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Site or Our content and information are appropriate or authorized for use in all countries, states, provinces, counties, localities or any other jurisdictions. Your access and use of the Site may not be legal in Your jurisdiction. If You choose to access, browse or use the Site, You do so on Your own initiative and at Your own risk, and You are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable.
The Site provides information of a general nature only. You are responsible for determining whether it applies to Your specific situation. We specifically disclaim any liability concerning any action that any individual may take based on any information or guidance provided at the Site.
THE SITE, INCLUDING ALL INFORMATION, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF ANY OR ALL SITE INFORMATION/CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT THE SITE OR ITS CONTENTS WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE SITE AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUS(ES) THAT MAY INFECT ANY USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ANY USER’S ACCESS TO, BROWSING, OR USE OF THE SITE OR THE DOWNLOADING OF ANY CONTENT ON THE SITE. USERS ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS, REGULAR SYSTEM UPGRADES AND OTHER SECURITY CHECKS AND MEASURES) TO SATISFY THEIR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to You based on where You reside or access the Site.
AS A USER, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO DISCONTINUE ALL USE OF THE SITE.
12. Our Liability Is Limited
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO DISCONTINUE ALL USE OF THE SITE. THUS, EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL EAGLES CAPITAL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE (INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON OR IN THE SITE OR OTHERWISE RELIED ON OR USED BY US IN DELIVERING THE SITE, AND/OR ANY INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, AND/OR ANY OTHER FAILURE OF PERFORMANCE), OR FOR ANY CONTENT, INFORMATION, SOFTWARE, OR PRODUCTS OBTAINED OR ACCESSED THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusion or limitation of consequential or incidental damages and, in such states or jurisdictions, Our liability shall be limited to the fullest extent permitted by law.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (ii) ONE THOUSAND U.S. DOLLARS ($1,000.00), WHICHEVER IS GREATER.
13. Statute of Limitations
You and We agree that regardless of any statute or law that would otherwise apply to the contrary, to the maximum extent permitted by law, any claim or cause of action arising out of or related to the Site, or Our content and/or information, these Terms and/or Privacy Policy must be filed within one (1) year and one (1) day after such claim or cause of action arose or be forever barred.
14. Assignment
You agree that We may assign any of Our rights, and/or transfer, sub-contract or delegate any of Our obligations, under these Terms. Your agreement to these Terms is personal to You, and You may not transfer or assign Your rights and obligations under these Terms to any third party without Our prior written consent.
15. Modifications
We reserve the right to modify these Terms and/or any other guidelines or policies affecting the Site at any time, and such revisions will become effective upon the earlier of (i) posting of the revisions to the Site, or (ii) distribution of the revisions by electronic mail or any other method of contact we have for You. For this reason, please visit this page on a regular basis and check the “Last Updated” date at the top of these Terms to ensure You are familiar with the most recent version of these Terms. Your continued use of the Site after the effective date of the revisions signifies Your acceptance of any such revisions.
16. Force Majeure
You expressly acknowledge and agree that Eagles Capital will not be liable to You under any legal theory for any failure to perform any obligation to You, whether under these Terms or otherwise, which failure is caused directly or indirectly by a force majeure event, including, without limitation, any act of God, fire, war, insurrection, riot, epidemic or pandemic, governmental action or refusal to act, communications failure or power failure, any exchange or market ruling or any other cause beyond the reasonable control of Eagles Capital.
17. Indemnity
You agree to defend, indemnify and hold harmless Us and Our employees, contractors, agents, professional advisers, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to actual attorney’s fees and costs) arising from: (i) Your use of and access to the Site, including any data or content transmitted, submitted, viewed, or received by You; (ii) Your violation of any provision of these Terms and/or Our Privacy Policy, including Your breach of any of the representations and warranties contained in these Terms; (iii) Your violation of any third party right, including any right of privacy or intellectual property rights; and/or (iv) Your violation of any applicable law, rule or regulation. You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel.
18. Governing Laws
Any controversy or claim arising out of or relating in any way to (a) these Terms, (b) the Site, or (c) Our Privacy Policy, between You and Eagles Capital, shall be governed by California law, without regard to its conflicts of law provisions. Notwithstanding the foregoing, the provisions of Section 19, including the requirement to arbitrate claims on an individual basis, shall be governed by and interpreted in accordance with the Federal Arbitration Act.
19. Dispute Resolution
These Terms contain a binding, individual arbitration agreement and class action waiver. This means that any claim must be arbitrated on an individual basis pursuant to the terms set forth below, that claims of different persons cannot be combined or aggregated, and that You and We are waiving our respective rights to file a lawsuit in court and to have a jury decide the dispute. Please read all the provision of this Section carefully and consult a legal advisor if You have any questions.
a. Any controversy or claim arising out of or relating to the Site, these Terms and/or the Privacy Policy, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with the Site or any provision of these Terms, or arising out of or relating in any way to any other communication or interaction between You and Eagles Capital or any agents or designees (each, a “Dispute”), shall be submitted to final and binding individual arbitration in accordance with the following provisions in order to establish and gain the benefits of a speedy, impartial and cost effective dispute resolution procedure.
b. Except as otherwise prohibited by applicable law, any Dispute will be decided exclusively by final and binding arbitration, before a single neutral arbitrator (the “Arbitrator”), in Los Angeles, California, utilizing the applicable JAMS rules, as described below (the “JAMS Rules”). Notwithstanding the immediately preceding sentence, if required by the JAMS Rules or any applicable JAMS minimum standards, or if the Arbitrator concludes that it would be a financial or other hardship for You to participate in an arbitration in Los Angeles, the Arbitrator shall have the authority to hold the hearing, or any part thereof, in the county where You live or to permit You to attend via videoconference, Skype, Facetime, telephonic or similar virtual participation.
c. The arbitration shall be administered by JAMS pursuant to its comprehensive arbitration rules and procedures (if the amount in controversy exceeds $250,000) or its expedited arbitration rules and procedures (if the amount in controversy is less than or equal to $250,000). These rules may be accessed at https://www.jamsadr.com/adr-rules-procedures/.
d. To the fullest extent permitted by applicable law, and notwithstanding anything else in these Terms, You agree that any Dispute shall be decided by the Arbitrator on an individual basis and not on a class, collective or representative basis. You further acknowledge and agree that the Arbitrator shall not have the authority or jurisdiction to hear the arbitration as a class, collective or representative action or to join or consolidate causes of action of different parties into one proceeding.
e. The Arbitrator may award any form of remedy or relief (including injunctive relief and specific performance) that would otherwise be available in court. Any award pursuant to the arbitration shall be accompanied by a written opinion of the Arbitrator setting forth the reason(s) for the award, which shall be delivered within 30 days of the close of the hearing on the arbitration (unless extended by mutual agreement of You and Eagles Capital). The award rendered by the Arbitrator shall be conclusive and binding upon You and Eagles Capital, and judgment upon the award may be entered, and enforcement may be sought in, any court of competent jurisdiction.
f. Subject to the JAMS Rules and any applicable JAMS minimum standards, the arbitration fees, together with other expenses of the arbitration incurred or approved by the Arbitrator, shall be divided equally between You and Eagles Capital.
g. YOU UNDERSTAND THAT, ABSENT THESE TERMS, EACH OF YOU AND EAGLES CAPITAL WOULD HAVE THE RIGHT TO SUE THE OTHER IN COURT AND TO HAVE ANY DISPUTE DECIDED PURSUANT TO A JURY TRIAL, BUT, BY THESE TERMS, YOU AND WE ARE GIVING UP THAT RIGHT AND ARE AGREEING TO RESOLVE BY ARBITRATION ANY AND ALL DISPUTES.
h. Notwithstanding the other provisions of this Section, You agree that Eagles Capital will have the right to seek injunctive or other equitable relief in any state or federal court located in Los Angeles County, California, to enforce these Terms or prevent an infringement of a third party’s rights, without being required to post a bond or other security or prove actual damages. By using the Site, You hereby irrevocably submit to the personal jurisdiction of such court and waive all objections to the jurisdiction.
20. Notice for California Users
Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
21. Waiver
Our failure to enforce any rights or provisions of these Terms shall not be deemed a waiver or relinquishment of such rights or provisions. Any waiver of any right or provision of these Terms must be in writing and signed by the CEO of Eagles Capital or another officer of the company.
22. Severability
With the exception of the class action waiver in Section 19(d), which is essential to the agreement to arbitrate, if any provision of these Terms is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality or unenforceability, or, if that is not possible, such provision shall, to the extent of such invalidity, illegality or unenforceability, be severed from these Terms, and the remaining provisions of these Terms shall remain in effect.
If the class action waiver in Section 19(d) is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal or unenforceable to any extent, then the entirety of the dispute resolution procedures specified in Section 19 of these Terms shall be void and of no force and effect. If and only in that event, then any Dispute between the parties shall be decided before a federal or state court of competent jurisdiction covering the County of Los Angeles.
23. Entire Agreement
These Terms shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained in or on the Site, including Our Privacy Policy. Any rights not expressly granted in these Terms are reserved to Us.
In the case of Users who have not signed Eagles Capital’s Customer Transaction Agreement, these Terms constitute the entire agreement between You and Us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Us, with respect to Your use of the Site and all matters relating to Your access to, and/or use of, the Site.
In the case of Users who make a purchase from Eagles Capital and execute Eagles Capital’s Customer Transaction Agreement, these Terms constitute the entire agreement between You and Us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Us, with respect to Your use of the Site and all matters relating to Your access to, and/or use of, the Site, except to the extent of any conflict between these Terms and the Customer Transaction Agreement You signed, as in the event of such conflict, the provisions of the Customer Transaction Agreement shall control.
A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.
