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TIER 11 Information Products and Coaching Terms of Service

PLEASE READ CAREFULLY BEFORE ACCESSING OR USING FB ADS SITES OR COURSES ON tiereleven.com OR PROPRIETARY FB ADS SYSTEMS INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS AND PROGRAMS ASSOCIATED WITH Tier 11 COURSES OR SERVICES.  BY ACCESSING OR USING THE PROGRAM(S), YOU ACKNOWLEDGE THAT:

  • YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AND
  • YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

This Terms of Service Agreement (this “Agreement”) is between Antares Enterprises, Inc., d/b/a Tier 11, located at 11 Shawmut Road Sagamore Beach MA 02562 United States (“Tier 11”), and you, the individual or entity accessing or using the sites, courses and programs described herein (“YOU”).

Background

  1. Tier 11 is engaged in the business of providing marketing and client coaching services.
  2. YOU desire to engage Tier 11 to provide business marketing and client coaching training to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation.

NOW, THEREFORE, Tier 11 and YOU agree as follows:

SECTION 1: Membership and Program Fees

1.1. Programs: Under the terms of this Agreement, Tier 11 agrees to provide business training services to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation (“Programs”) in exchange for a Program Fee. Progression between Programs will occur automatically, and Program Fees will be determined according to paragraph 1.2. below. Your access to such Programs is made conditional on payment of such Program Fee.
Programs are ongoing membership which includes:

  • Access to Tier 11 training modules
  • Access to private Tier 11 groups
  • Access to support call & replays

1.1.2. Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the Term of this Agreement, you will become enrolled in the ONGOING Tier 11 membership.
1.1.3. Termination: Tier 11 may terminate this Agreement at any time in its discretion upon notice to YOU. Sections 2, 3 and 4 below shall survive expiration or termination of this Agreement.
1.2. Program Fees: By accepting the terms of this Agreement, YOU are agreeing to pay Tier 11 Program Fees as follows:

(i) $5800 one-time subscription fee, if you choose the one-time payment option; or
(ii) $3000 two-pay option.

1.3. No Refunds: Tier 11 has a strict, no refund policy. By accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by Tier 11. YOU further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Programs, YOU are taking full responsibility for YOUR OWN success. Thus, YOU agree that you will not request a refund.

SECTION 2: NO WARRANTIES

2.1. Success not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that Tier 11 provides Program(s) related to training only and does not guarantee or promise any specific results or success. YOU take full responsibility for YOUR own success. Tier 11 makes no representations or warranties, expressed or implied, with regard to the Programs, any services or this Agreement, including, but not limited to, implied warranties of merchantability and fitness for particular purpose or any warranty arising out of the course of dealing, custom or usage of trade.
2.2. Limited Liability: In no event will Tier 11 be liable to YOU or anyone claiming by, through or under You for any losses or damages, including any special, incidental, indirect or consequential damages whatsoever, or damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if Tier 11 has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.

SECTION 3: INTELLECTUAL PROPERTY RIGHTS; CONFIDENTIALITY

3.1. Intellectual Property: YOU acknowledge and agree that Tier 11 has invested considerable time and resources in developing the Programs and in providing services, using Tier 11 intellectual property, trade secrets, proprietary information, techniques, strategies, tactics, methods, know-how, processes and other confidential information of Tier 11.  YOU acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the program are the sole Intellectual Property of Tier 11 under United States copyright, trademark and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between YOU and Tier 11 and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation, and other elements of the System, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, or any other intellectual property rights of Tier 11 whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that Tier 11 uses in connection with services rendered by Tier 11 are marks owned by Tier 11. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
3.2. Confidentiality: Only authorized users, who have duly obtained access to any Programs offered by Tier 11 by personally agreeing to the terms of this Agreement are permitted to use, access and participate in such Programs. Except as expressly authorized by this Agreement, YOU shall not provide or make available any Documentation, Video, Audio, or any login member credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.  YOU agree to immediately notify Tier 11 if you become aware of or suspect that a third party (i) has used your login member credentials to access Programs or (ii) has otherwise accessed Programs or received Program information without the authorization of Tier 11.

SECTION 4: Miscellaneous

4.1. No Assignment: The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.
4.2. Indemnification: YOU agree to defend, indemnify, and hold Tier 11, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including reasonable attorney fees, arising out of or in connection with any use of the Programs of this Agreement, including without limitation, any breach of this Agreement by YOU or unauthorized use of Programs.
4.3. Amendment: Tier 11 reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at tiereleven.com.
4.4. Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Programs offered by Tier 11, YOU acknowledge and agree that Tier 11 may at any time reproduce and/ or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such Programs, including any specific results experienced by YOU over the course of such participation. YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any events related to such Programs.
4.5. Support Calls: The support calls shall be recorded and shared to existing and future Tier 11 students. All private material shall be kept confidential should the material ever be published outside of the Tier 11 Program. By accepting the terms of this Agreement and requesting assistance for your own campaigns or your client’s campaigns, you acknowledge that your own account or client accounts will be recorded and shared as replay and training material.
4.6. Applicable Law and Venue: This Agreement will be governed in all respects, whether as to validity, construction, capacity, performance, choice of law or otherwise, by the laws in the Commonwealth of Massachusetts. Customer hereby consents to the exclusive jurisdiction of the federal and state courts having a situs in Suffolk County, Massachusetts over any proceeding initiated with respect to the enforcement or interpretation of this Agreement. If any action at law or equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees, costs, and disbursements in addition to any other relief to which it may be entitled.
4.7. Entire Agreement: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and Tier 11 concerning the Programs, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with Tier 11 relating to the Programs, whether oral or written.
4.8. Changes to this Terms of Service:  Any changes that we may make to our Terms of Service in the future will be posted on our website.

BY PURCHASING, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING, STRICT NO REFUND POLICY, INTELLECTUAL PROPERTY AND CONFIDENTIALITY.

Last Updated on July 9, 2020

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©2020 Copyright Tier 11. All rights reserved. Privacy Policy Terms & Conditions

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PRIVACY POLICY

Privacy Policy

Welcome to tiereleven.com (the “Site”), a website provided by Antares Enterprises, Inc., DBA Tier 11 (“Tier 11”). Tier 11 respects your privacy, and this policy covers Tier 11’s handling, use, and disclosure of information collected from you through the Site or other sources in the ordinary course of Tier 11’s business.

1. Acceptance

You should review this policy carefully, and be sure you understand it, prior to using the Site or otherwise providing any information to Tier 11. Your use of the Site, providing any information to Tier 11, or any other indication of your assent is deemed to be acceptance by you of this policy. If you do not agree to this policy, you should not use, and should immediately terminate your use, of the Site and not otherwise provide any information to Tier 11. For purposes of this Section, accessing the Site only to review this policy is not deemed to be use of the Site.

2. Privacy Shield

Some information collected by Tier 11 may relate to residents of the European Union or Switzerland. The European Union [1] and Switzerland have adopted requirements for the protection of certain information, and in order to satisfy such requirements, Tier 11 has completed self-certification under the privacy shield, and to that end has (a) agreed to comply with (i) the E.U.-U.S. Privacy Shield Framework Principles, including the Supplemental Principles, designed by the U.S. Department of Commerce and the European Commission and (ii) the Swiss-U.S. Privacy Shield Framework Principles, including the Supplemental Principles, designed by the U.S. Department of Commerce and Swiss

Administration and (b) elected to apply for self-certification under the E.U.-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework administered by the U.S. Department of
Commerce (the “Privacy Shield”). In particular, Tier 11 has agreed, with respect to all Shield Information (as defined in Section 3 ), to adhere to the Privacy Shield’s principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access and recourse, enforcement and liability. For purposes of enforcing compliance with the Privacy Shield, Tier 11 understands that it will be subject to the investigatory and enforcement authority of the U.S. Federal Trade Commission, which can impose sanctions consisting of administrative orders and civil penalties. Tier 11 is listed (under its parent, Antares Enterprises, Inc.) at https://www.privacyshield.gov/list as having certified to its compliance with the Privacy Shield. For more information regarding the Privacy Shield, please see the U.S. Department of Commerce’s website at http://privacyshield.gov.

3. Information

In this policy:

(a) “Analytical Information” means all Non-Personal Information obtained through the use of tools such as, for example, cookies (or other similar code) and server log files (including, but not limited to, (i) a computer’s access date and time, browser, connection speed, Internet protocol address, Internet service provider, language, location, manufacturer, visit details, and operating system, and (ii) whether or not you opened e-mail messages and other electronic communications from Tier 11, and if you did, the times they were opened).

(b) “California Information” means all Personal Information that relates to residents of California and that is covered by the California Consumer Privacy Act or the California Online Privacy Protection Act (collectively, the “California Laws”);

(c) “Collected Information” means all Personal Information and Non-Personal Information.

(d) “Non-Personal Information” means all information collected by Tier 11, whether electronically or manually, through (i) the Site, (ii) e-mail messages and other electronic communications that you may send to Tier 11, and (iii) other sources in the ordinary course of Tier 11’s business, that is not Personal Information.

(e) “Personal Information” means all information collected by Tier 11, whether electronically or manually, through (i) the Site, (ii) e-mail messages and other electronic communications that you may send to Tier 11, (iii) information related to services purchased from Tier 11, including but not limited to, customer preferences; and (iv) other sources in the ordinary course of Tier 11’s business, that relates to an individual and that identifies, or can be used in conjunction with other readily-accessible information to identify, such individual (including, but not limited to, name, physical address, e-mail address, phone number, and credit card number).

(f) “Sensitive Information” means all Shield Information of an individual that specifies (i) health data, (ii) racial or ethnic origin, (iii) political opinions, (iv) religious or philosophical beliefs, (v) union membership, (vi) genetic data, (vii) biometric data or (viii) the sex life or sexual orientation of such individual.

(g) “Shield Information” means all Personal Information that relates to individuals in the European
Union or Switzerland and that is covered by the Privacy Shield.

4. Collection

No Collected Information is obtained from you, unless it is voluntarily provided, except for any Collected Information obtained automatically through the Site as set forth in this policy. Regardless of the method used to obtain Collected Information, Tier 11 will retain such Collected Information in its primary and backup files only to the extent that it is consistent with the purposes for which it is provided by you, and except for Shield Information, for Tier 11’s other legitimate business purposes (including, but not limited to marketing). You are responsible for obtaining any approvals, authorizations, consents, permissions, and permits that are required in connection with your providing Tier 11 with any information (including, but not limited to, any information relating to a third party). The categories of California Information collected by the Firm are set forth in the Firm’s California Privacy Disclosures and are accessible as set
forth in Section 15.

5. Choice

You may refuse to provide any information to Tier 11 at any time by terminating your use of the Site, or in all other cases not involving use of the Site, by notifying Tier 11 as set forth in Section 25. If you refuse to provide any information when requested to do so by Tier 11 or the Site, you may not be able to access, or otherwise enjoy the benefits of, certain products and services from Tier 11 or features of the Site.

6. Electronic Communications

Whether or not you have previously sent Tier 11 an e-mail message, you consent to Tier 11’s sending you e-mail messages and other electronic communications (a) in connection with your use of the Site, (b) in the ordinary course of business, or (c) for any other legitimate business purpose (including, but not limited to, marketing). Since Tier 11 endeavors to send e-mail messages and other electronic communications only to individuals desiring to receive them, you can unsubscribe to such e-mail messages or other electronic communications at any time by contacting Tier 11 as set forth in Section 25 or by following the directions contained in such e-mail messages or other electronic communications.

7. Analytical Information

When you access the Site, Tier 11 will collect Analytical Information. Your browser may provide you with the ability to not accept cookies, as well as the ability to delete already-existing cookies. If you refuse, or delete previously-existing cookies, you may not be able to enjoy some features of the Site. Analytical Information will only be used by Tier 11: (a) to record your use of the Site; (b) to diagnose problems with the Site; (c) to improve the Site and make the Site more useful to you and other users; and (d) for other legitimate business purposes of Tier 11 (including, but not limited to, marketing). Tier 11 will collect Analytical Information either directly or through third parties acting on its behalf.

8. Sensitive Information

Any provision of this policy to the contrary notwithstanding, if Tier 11 collects any Sensitive Information from you, your explicit consent (i.e., among other things, you must “opt in”) will be obtained before such Sensitive Information is (a) disclosed to a third party or (b) used for a purpose other than the purposes for which such Sensitive Information was originally collected or subsequently authorized by you through the exercise of an “opt-in” choice. Tier 11 will also treat as Sensitive Information any Personal Information of an individual received by Tier 11 from a third party if the third party identifies it in writing to Tier 11, and treats it, as sensitive.

9. Controller/Processor

All electronic Personal Information is controlled or processed by Tier 11 on servers located at Tier 11’s place of business in Massachusetts, and on other servers located at an off-site data center located in Chandler, Arizona. Tier 11 may transfer Collected Information to a third-party sub-controller or processor only pursuant to Section 11 .

10. Security

Tier 11 will protect Personal Information from loss, misuse, and unauthorized access, alteration, destruction and disclosure as required by all laws applicable to Tier 11; provided, however, that, except as provided in the immediately following sentence, Tier 11 will, at a minimum, use commercially reasonable administrative and technical efforts to protect Personal Information from loss, misuse and unauthorized access, alteration, destruction and disclosure. Certain Personal Information posted by you on the Site may be accessible to the general public, and Tier 11 is not responsible for protecting such Personal Information from loss or unauthorized access, alteration, destruction, disclosure or use. For example, if you participate in a public forum on the Site, any information disclosed by you when doing so may be available to the general public. Since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that Collected Information could be lost, misused, or accessed, altered, destroyed, or disclosed without authorization, even if Tier 11 uses such reasonable efforts. In providing information to Tier 11, you must assume the risk that Collected Information could be lost, misused, or accessed, altered, destroyed, or disclosed without authorization.

11. Use and Transfer of Collected Information

All Collected Information may be used by Tier 11 for any legitimate business purpose (including, but not limited to, marketing), except that, in the case of Shield Information and only to the extent required by the Privacy Shield, such purpose (a) is relevant to the purpose for which Shield Information has been provided by you or (b) has been subsequently authorized by you. If Tier 11 expressly states in this policy or in another writing that any Collected Information will only be used for a specific purpose, Tier 11 will only use such Collected Information for such purpose, unless you subsequently consent to its being used for another purpose. The purposes for which California Information is collected by the Firm are set forth in the Firm’s California Privacy Disclosures and are accessible as set forth in Section 15.

Any Collected Information obtained by Tier 11, whether or not for a specific purpose, may be transferred to third parties designated by Tier 11 (including, but not limited to, any affiliates, distributors, sub-contractors or vendors of Tier 11) for any purposes for which Tier 11 could use such Collected Information, except that, in the case of Shield Information and only to the extent required by the Privacy Shield, (a) Tier 11 will notify you of such transfer, (b) such third party’s right to use Shield Information is limited to such purposes, (c) such third party is obligated to provide at least the same level of privacy protection as is required by the Privacy Shield, (d) Tier 11 takes commercially reasonable steps to ensure that such third party effectively processes Shield Information in a manner consistent with Tier 11’s obligations under the Privacy Shield, (e) such third party is required to notify Tier 11 if such third party makes a determination that it can no longer meet its obligation to provide the same level of privacy protection as required under the Privacy Shield, (f) upon such notice, Tier 11 must take commercially reasonable steps to stop and remediate unauthorized processing of Shield Information, and (g) upon the request of the U.S. Department of Commerce (or its designee), Tier 11 must provide a summary or representative copy of the relevant privacy provisions of its agreements with such third party. In cases of onward transfers to third parties of Shield Information, Tier 11 is potentially liable for the failure of such third party to comply with the Privacy Shield. The categories of third parties with whom we share California Information are set forth in the Firm’s California Privacy Disclosures and are accessible as set forth in Section 15.

Tier 11 may also at any time, in its sole discretion, disclose and use any Collected Information (including, but not limited to, a computer’s Internet protocol addresses), whether or not you furnished such Collected Information for a specific purpose, to: (a) comply with, or as permitted by, any applicable law or lawful request of a government or public authority for purposes of satisfying, among others, national security and law enforcement requirements; (b) cooperate with law enforcement, and other third parties, in investigating a claim of fraud, illegal activity or infringement of intellectual property rights; (c) protect the rights, property or legitimate business interests of Tier 11 or a third party; or (d) transfer such Collected Information to a third party acquiring all, or substantially all, of Tier 11’s assets. If Collected Information is so transferred, Tier 11 will have no responsibility for any action of the third
party to whom or which such Collected Information is transferred.

12. Deletion

Tier 11 will delete Shield Information or California Information from its servers (and servers of third parties acting on behalf of Tier 11) when it is no longer required for the purposes for which it was collected and processed, unless Tier 11 has another lawful basis to continue holding it.

13. Third-Party Sites

The Site may contain links to, be hosted by, or be accessible from, websites provided by third parties (individually a “Third-Party Site”). Your use of a Third-Party Site will be subject to its terms of use and other provisions, and you are responsible for complying with such terms and other provisions. This policy does not cover the privacy policies or practices of any Third-Party Site, and Tier 11 is not responsible for any information you submit to, or otherwise collected by, any Third-Party Site. Tier 11 is only responsible for Collected Information obtained by it (a) through your authorized use of the Site or your receiving from Tier 11 any Services, or (b) from other sources in the ordinary course of its business. Tier 11 may use a third-party vendor to collect credit card information and to process payment for goods purchased from Tier 11. You should consult each Third-Party Site for its privacy policy or practice before submitting any information to, or otherwise using, such Third-Party Site.

14. Inaccurate Shield Information

Tier 11 does not warrant or represent that any Collected Information will be accurate or error-free. However, upon your request, Tier 11 will grant you access to your Shield Information in the possession, or under the control, of Tier 11 solely for the purpose of correcting or deleting such Shield Information that is inaccurate or has been processed in violation of the Privacy Shield Principles, except when the burden or expense of providing such access would be disproportionate to the risks to your privacy or where the rights of a third party would be violated. If you desire access to any Shield Information for such purpose, you must contact Tier 11 in writing as set forth in Section 25.

15. California Residents

Tier 11 does not sell any California Information. Tier 11 will, to the extent required by the California Laws, disclose, delete or take any other action with respect to any California
Information. A resident of California may request (a “California Request”) pursuant to the California Laws, among other things, that Tier 11:

(a) Disclose to such resident:

(i) The categories of California Information relating to such resident that are collected by Tier 11;

(ii) The categories of sources from whom or which California Information relating to such resident is collected by Tier 11;

(iii) The purposes for Tier 11’s collecting California Information relating to such resident;

(iv) The categories of third parties to whom or which Tier 11 transfers California Information relating to such resident;

(v) The specific pieces of California Information relating to such resident collected by Tier 11; and

(vi) If California Information is disclosed for a business purpose to a third party, the categories of such California Information relating to such resident that are disclosed for a business purpose, and the categories of third parties to whom or which such California Information are disclosed for a business purpose; and

(b) Except in certain circumstances, delete California Information of such resident.

A California Request (a) can only be made twice in a 12-month period, (b) will require the collection of certain information by Tier 11 to verify the identity of such resident, and (c) must be submitted to the Tier 11 as set forth in Section 25. Tier 11 will respond to any such request within 45 days after receiving such information.

The California Laws require certain additional disclosures that can be found at this link: California Privacy Disclosures. Tier 11 will not discriminate against a resident of California for exercising any right of such resident under the California Laws, except as permitted under the California Laws.

16. Children

The Site is not intended for children under 13 years of age. However, if a parent or guardian of a child who is under 13 years of age discovers that Personal Information of such a child has been submitted to Tier 11 through the Site without the parent’s or guardian’s consent, Tier 11 will use commercially reasonable efforts to remove such information from the Site and Tier 11’s servers at the parent’s or guardian’s request. To request the removal of such Personal Information, the parent or guardian must contact Tier 11 as set forth in Section 25 , and provide all information requested by Tier 11 to assist it in identifying the Personal Information to be removed.

17. Disposition

In disposing any Personal Information, Tier 11 will use commercially reasonable measures to protect such Personal Information from unauthorized access, alteration, disclosure, or use in the future.

18. Applicable Law

This policy shall be governed by, and construed and interpreted in accordance with, (a) the laws of the Commonwealth of Massachusetts, without regard to its principles of conflict of laws, and in the case of Shield Information, and only to the extent required by the Privacy Shield, (b) the Privacy Shield. If there is any conflict or inconsistency between any provision of this policy and any provision of any applicable law or the Privacy Shield, the latter shall control.

19. Complaints

Except as provided in Section 20, any complaint by you regarding any Collected Information, or otherwise relating to this policy, whether or not covered by the Privacy Shield, must first be submitted to Tier 11 as set forth in Section 25 , and Tier 11 must be given a reasonable opportunity of not less than 30 days to investigate and respond to your complaint. Upon Tier 11’s completing such investigation and so responding, Tier 11 and you must then attempt, in good faith, to promptly resolve any remaining aspects of your complaint. If any aspect of your complaint remains unresolved after an additional reasonable period of time of not less than 30 days, (a) you may commence litigation against Tier 11 in connection with the unresolved portion of your complaint only in a court located in Barnstable County, Massachusetts, and having subject matter jurisdiction over your complaint, and (b) you consent to any such court’s being, and waive any objection (including, but not limited to, any such objection based on inconvenience) to such court’s not being, a proper venue for your complaint.

20. Independent Recourse Mechanism

You may, under certain conditions, invoke binding arbitration for a complaint. If you have a complaint that relates to Shield Information, Tier 11 offers an independent recourse mechanism to resolve your complaint that you may use in lieu of the process described in Section 19. The independent recourse mechanism offered by Tier 11 is more fully described at http://privacyshield.gov. In order to access the independent recourse mechanism, you must file a complaint with the International Centre for Dispute Resolution of the American Arbitration Association (“ICDR”), and after receiving your complaint, ICDR will resolve the dispute between you and Tier 11 by following the ICDR Dispute Resolution Procedures located at http://go.adr.org/privacyshield.html. All fees of ICDR in connection with your use of its independent recourse mechanism described in this Section will be paid by Tier 11.

If all other options available to you for resolving a complaint are unsuccessful, and upon satisfaction of certain other conditions, you can lodge your complaint with the Privacy Shield Panel, which is an “arbitration mechanism” of three neutral arbitrators. Any decision of the Privacy Shield Panel is binding and enforceable in courts of the United States.

21. Entire Agreement

Except as set forth in this Section, this policy contains the entire agreement, and supersedes all prior oral and written agreements, proposals and understandings, between you and Tier 11, with respect to Collected Information. If you use the Site or otherwise have business dealings with Tier 11, such use or dealings will be subject to this policy, plus any other written agreement between the parties that is applicable thereto. To the extent there is any conflict or inconsistency between any provision of this policy and any provision of such other agreement, the former shall control.

22. Severability

Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.

23. Revisions

Tier 11 may revise any provision of this policy from time to time by posting the revised provision on the Site so long as such revision does not conflict with any applicable law or the Privacy Shield. Any such revision will take effect immediately upon such posting, and will apply to all Collected Information obtained by Tier 11 after such posting. It is your responsibility to periodically check this policy on the Site for revisions to this policy. The latest version of this policy will always be the one posted on the Site.

24. Expenses

Except as provided in this policy or in the Privacy Shield or other applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with your enforcing your rights under this policy.

25. Contact Information

If you have any questions or complaints, desire additional information, or need to notify Tier 11 of anything regarding any Collected Information or otherwise relating to this policy, please promptly contact Tier 11 at the following mailing address:

PO Box 552
Sagamore Beach MA 02562

Effective Date: July 1, 2020

[1] Tier 11 is aware of the July 16, 2020 judgment issued by the Court of Justice of the European Union (case
C-311/18) which invalidated the E.U.-U.S. Privacy Shield Framework. However, in accordance with
statements published by the United States Department of Commerce, Tier 11 will maintain compliance
with its obligations under the E.U.-U.S. Privacy Shield Framework until further guidance is issued.