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Terms and Conditions

These Terms and Conditions are a legally binding contract between you and SGM Alliance, Inc. (“SGM Alliance,” “we,” or “us”) regarding your use of SGMAlliance.org (the “Website”) and SGM content, and materials (collectively, the “Services”). In these Terms, “you” shall mean the person using the Services.
PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”), AND YOU ACKNOWLEDGE THAT, EXCEPT AS STATED OTHERWISE IN THESE TERMS, INFORMATION YOU PROVIDE OR THAT WE COLLECT ABOUT YOU WILL BE PROCESSED AS DESCRIBED IN THE SGM ALLIANCE PRIVACY POLICY. If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Services.
NO LEGAL OR MEDICAL ADVICE. THE SERVICES DO NOT AND ARE NOT INTENDED TO PROVIDE LEGAL OR MEDICAL ADVICE. THE SERVICES MAY CONTAIN GENERAL INFORMATION OR CONTENT RELATED TO LEGAL OR MEDICAL TOPICS. ANY SUCH INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT AND SHOULD NOT BE INTERPRETED AS LEGAL OR MEDICAL ADVICE OR AS A SUBSTITUTE FOR CONSULTATION WITH A PROFESSIONAL IN THESE RESPECTS.
IMPORTANT INFORMATION ABOUT DISPUTE RESOLUTION
These Terms provide that all disputes between you and SGM Alliance with respect to your use of the Services will be resolved by BINDING ARBITRATION, to the fullest extent permitted under applicable law. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court, to the fullest extent permitted under applicable law. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action, to the fullest extent permitted under applicable law. Please review Section 19 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes with SGM Alliance.
OTHER TERMS
  1. Services Overview. The Services include an online website, content, and materials with the goal of providing education and advocating for diversity and advancing inclusivity in clinical research, healthcare, and the evolving life sciences landscape including with respect to sexual and gender minorities. While SGM Alliance provides information for educational and informational purposes, you understand and agree that the Services do not provide legal or medical advice and you should consult with a professional with respect to legal and medical issues. To the fullest extent permitted by law, you assume all risk and SGM Alliance is not responsible for any harm to you or others that may occur from your use of the Services. You may not access or use the Services for any other purpose than those provided in these Terms.
  2. Eligibility. You must be at least 18 years old to use the Services. By agreeing to these Terms, you represent and warrant to us that you are an individual who is at least 18 years old and you have not previously been suspended or removed from Services.
  3. Accounts and Registration. To access some features of the Services, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself. You agree that the profile information you provide to us is accurate and that you will keep it up-to-date. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at SiteAdministrator@SGMAlliance.org.
  4. Licenses
    1. Limited License. Subject to your ongoing compliance with these Terms, SGM Alliance grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use for lawful purposes.
    2. Restrictions. You may not at any time, directly or indirectly, and may not permit any other person to: (i) copy, transmit, display, publish, sell, license, create derivative works of, reproduce, distribute, display, or perform the Services or any part thereof without the prior express written consent of SGM Alliance; (ii) reverse engineer, decompile, or make modifications to the Services or any part thereof; or (iii) interfere with or circumvent any feature of the Services or any part thereof, including any security or access control mechanism. In addition to the foregoing, if you are prohibited under applicable law from using the Services, you may not use them.
    3. Reservation of Rights. SGM Alliance reserves all rights not expressly granted to you in these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to SGM Alliance’s intellectual property.
    4. Open Source Software. The Services may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute such components (“Open Source Components”). Although the Services are provided to you subject to these Terms, nothing in these Terms will be deemed to prevent or otherwise restrict you from obtaining such Open Source Components under the applicable third-party licenses or to limit your use of such Open Source Components thereunder.
  5. Consent to Communications. By providing us with your contact information and using the Services, you agree to receive communications, including via e-mail and phone calls (including text messages and calls made using an autodialer or prerecorded voice message) from or on behalf of SGM Alliance using the Services at the email address or telephone number you provided even if that number is on a National or State Do Not Call List. These calls and messages may be for informational purposes, such as to provide you with the information or consultation you requested. Standard text messaging and telephone minute charges applied by your cell phone carrier will apply.
    IF YOU WISH TO OPT OUT OF MARKETING EMAILS FROM US, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE MARKETING EMAIL ITSELF. You understand and agree that you may continue to receive communications while SGM Alliance processes your opt-out request, and you may also receive a communication confirming the receipt of your opt-out request.
  6. Prohibited Conduct. By using the Services, you agree not to, directly or indirectly, and may not permit any other person to:
    • use or access the Services (i) from a jurisdiction where such use or access is not authorized, (ii) for any illegal purpose, or (iii) in violation of any local, state, national, or international law;
    • conduct activities that may be harmful to others or that could damage SGM Alliance’s reputation;
    • violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right, or violating any third-party privacy right;
    • post, upload, or distribute marketing or advertising links or content, or any user content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
    • use scrapers, robots, or other data-gathering devices not provided by SGM Alliance on or through the Services;
    • interfere with security-related features of the Services;
    • interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Services; (iii) attempting to collect personal information, or other information about another user or third party without their consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services, or violating any regulation, policy, or procedure of any such network, equipment, or server;
    • perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or accreditation, accessing any other Website account without permission, or falsifying your account registration information;
    • modify, translate, or create derivative works, adaptations or compilations of, or based on, the Services or part thereof, or use, copy or reproduce the Services or any part thereof other than as expressly permitted in these Terms;
    • assign, sublicense, lease, sell, grant a security interest in, or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 12) or any right or ability to view, access, or use any Material; or
    • attempt to do any of the acts described in this Section 7, or assist or permit any person in engaging in any of the acts described in this Section 7.
  7. Thrid-Party Websites and Linked Websites. The Services may contain links to third-party websites. Linked websites and any other websites operated by third parties are not under our control, and we are not responsible for them or their content.
  8. Termination of Use; Discontinuation and Modification of the Services. You may terminate your account at any time by contacting us at SiteAdministrator@SGMAlliance.org. If you violate any provision of these Terms, your permission from us to use the Services will terminate automatically. In addition, SGM Alliance may in its sole discretion terminate your user account on the Services or suspend or terminate your access to the Services at any time if you violate any provision of these Terms, if we no longer provide any part of the Services, or for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you. To the fullest extent permitted under applicable law, we will have no liability whatsoever in connection with any change to the Services or any suspension or termination of your access to or use of the Services. Upon the termination of your account, any aspect of the Services, or these Terms for any reason, SGM Alliance may at its option delete any data you submitted through the Services.
  9. Privacy Policy. Please read the SGM Alliance Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information.
  10. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we will notify you of the modified Terms by email to the address you provided in your user profile and/or in a notification in the Services or on our website. Material modifications will be effective upon your acceptance of such modified Terms or upon your continued use of the Services after we send or post our notification of the changes, whichever is earlier. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
  11. Ownership; Proprietary Rights. The Services are owned and operated by SGM Alliance. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), software, services, video and written educational materials, and all other elements of the Services (“Materials”) provided by SGM Alliance are protected by intellectual property and other laws. All Materials included in the Services are the property of SGM Alliance or our third-party licensors. Except as expressly authorized by SGM Alliance, you may not make use of the Materials. SGM Alliance reserves all rights to the Materials not granted expressly in these Terms.
  12. Feedback. If you choose to provide input or suggestions regarding your experience with the Services (“Feedback”), then you hereby grant SGM Alliance an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose, including to improve the Services and create other products and services.
  13. Indemnity. To the fullest extent permitted under applicable law, you are responsible for your use of the Services, and you will defend and indemnify SGM Alliance and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “SGM Alliance Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Services; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) any dispute or issue between you and any third party; and (e) fraud, intentional misconduct, criminal acts, gross negligence, or negligence committed by or on behalf of you. To the fullest extent permitted under applicable law, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
  14. Disclaimers; No Warranties. THE SERVICES AND ALL MATERIALS, PRODUCTS, AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. SGM ALLIANCE ENTITIES DISCLAIM, AND YOU HEREBY EXPRESSLY WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES AND ALL MATERIALS, PRODUCTS, AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; AND (C) ANY WARRANTY AS TO WHETHER THE COMMUNICATIONS DATA OR OTHER INFORMATION AVAILABLE THROUGH OR TRANSMITTED BY THE SERVICES THE SERVICES ARE TRUE, COMPLETE OR ACCURATE. THE SGM ALLIANCE ENTITIES DO NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SGM ALLIANCE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE SGM ALLIANCE ENTITIES OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY HARM OR DAMAGE THAT MAY RESULT TO YOU FROM YOUR USE OF OR ACCESS TO THE SERVICES AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR WEBSITES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

    THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
  15. Limitation of Liability. IN NO EVENT WILL THE SGM ALLIANCE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS, GOODWILL, REPUTATION, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE THE SERVICES OR ANY MATERIALS, PRODUCTS, OR CONTENT AVAILABLE ON OR THROUGH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SGM ALLIANCE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

    THE AGGREGATE LIABILITY OF THE SGM ALLIANCE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES, PRODUCTS SOLD THROUGH THE SERVICES, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHERMORE, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.

    EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  16. Force Majeure. To the fullest extent permitted under applicable law, SGM Alliance will be excused from performance under these Terms for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of a Force Majeure Event. For purposes of this section, “Force Majeure Event” means an event or series of events caused by or resulting from circumstances outside of SGM Alliance’s reasonable control.
  17. Governing Law and Venue. These Terms and your use of the Services are governed by the laws of Florida without regard to conflict of laws principles. If a lawsuit or court proceeding is permitted under these Terms, then you and SGM Alliance agree to submit to the exclusive jurisdiction of the state courts and federal courts located within Florida, for the purpose of litigating any dispute, and you hereby consent to the personal jurisdiction and venue thereof. We operate the Services from our offices in the United States, and we make no representation that Materials included in the Services are appropriate or available for use in other locations.
  18. General. These Terms, together with the SGM Alliance Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and SGM Alliance regarding your use of the Services. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, the “NO LEGAL OR MEDICAL ADVICE” section, and all other terms which by their nature or context are intended to survive will survive, and to the extent we continue to process information about you, we will do so in accordance with the SGM Alliance Privacy Policy.
    1. Generally. In the interest of resolving disputes between you and SGM Alliance in the most expedient and cost effective manner, you and SGM Alliance agree that every dispute arising in connection with these Terms will be resolved by binding arbitration, to the fullest extent permitted under applicable law. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SGM ALLIANCE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
    2. Exceptions. Despite the provisions of Section 19(a), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
    3. Arbitrator. To the fullest extent permitted under applicable law, any arbitration between you and SGM Alliance will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting SGM Alliance.
    4. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). SGM Alliance’s address for Notice is: 1000 Brickell Ave Ste 715, Miami Florida 33131. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or SGM Alliance may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or SGM Alliance must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
    5. Fees. If you commence arbitration in accordance with these Terms, SGM Alliance will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Florida but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse SGM Alliance for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
    6. No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND SGM ALLIANCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SGM Alliance agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
    7. Modifications to this Arbitration Provision. If SGM Alliance makes any future change to this arbitration provision, other than a change to SGM Alliance’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to SGM Alliance’s address for Notice, in which case your account with SGM Alliance will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
    8. Opt-Out Procedure. You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. For new users, the Opt-Out Notice must be postmarked no later than 30 days after the date you use the Services for the first time. You must mail the Opt-Out Notice to SGM Alliance, 1000 Brickell Ave Ste 715, Miami Florida 33131. The Opt-Out Notice must state that you do not agree to the arbitration agreement and must include your name, address, phone number, and the email address(es) used to log in to the (s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the arbitration agreement. If you opt out of the arbitration agreement, SGM Alliance will likewise not be bound by these arbitration provisions. All other terms of these Terms will continue to apply. Opting out of the arbitration agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. SGM Alliance users who accepted a previous version of these Terms that included an arbitration agreement, and who did not timely opt out of that arbitration agreement, remain bound by the last arbitration agreement that they accepted. Upon receipt of a valid Opt-Out Notice, SGM Alliance will provide the opting out user with a copy of the arbitration agreement from the last version of the Terms that the user accepted, if any exists.
    9. Enforceability. If Section 19(f) is found to be unenforceable or if the entirety of this Section 19 is found to be unenforceable, then the entirety of this Section 21 (except this Section 19(i)) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 17 will govern any action arising out of or related to these Terms.
    10. Claims. To the fullest extent permitted under applicable law, no action arising out of, in connection with, or relating to these Terms shall be brought by you more than one (1) year after the accrual of the cause of action. This period shall not be extended for any reason, except by the written consent of both parties. All statutes or provisions of law which would toll or otherwise affect the running of the period of limitation are hereby waived, and no such statute or provision of law shall operate to extend the period limited in this paragraph, to the fullest extent permitted under applicable law.
  20. Consent to Electronic Communications. By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read the SGM Alliance Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
  21. Export. You may not use the Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
  22. Contact Information. The Services are offered by SGM Alliance. You may contact us by emailing us at SiteAdministrator@SGMAlliance.org, or writing to us at 1000 Brickell Ave Ste 715, Miami Florida 33131.