Terms of Use & Privacy Policy

NMRA Sunshine Region, Inc. Website Policies

Last updated: 08/15/23

The websites, mobile websites, WiFi, or other online or digital services owned or operated by or on behalf of NMRA Sunshine Region, Inc. or its affiliates, brands and subsidiaries (collectively “Sunshine Region”, “we”, “our”, “us” or any derivatives thereof) (collectively, “Services”) are made available to you by Sunshine Region and are subject to the following Terms of Use. PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. By using the Services, you agree that these Terms of Use create a legally binding agreement between you and NMRA Sunshine Region, Inc.

THESE TERMS OF USE AGREEMENT CONTAIN A PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE CAREFULLY REVIEW THE DISPUTES SECTION BELOW FOR MORE INFORMATION.

NMRA Sunshine Region reserves the right, at any time, to modify these Terms of Use. By continuing to use the Services following such modifications you agree to be bound by such modifications. We will post our most current Terms of Use on this page, and you should periodically visit this page to review them.

Please note that some of our Services or specific portions or features of our Services may be subject to additional policies, terms, or conditions (“Additional Terms”). Please review all Additional Terms for the Services you use, which are incorporated into and made a part of these Terms of Use. If there is a conflict between these Terms of Use and any of the Additional Terms, the conflicting Additional Terms shall take precedence with respect to your use of those Services that are governed by those conflicting Additional Terms. Finally, these Terms of Use incorporate by reference any other notices contained on the Services and constitute the entire agreement between you and NMRA Sunshine Region, Inc. with respect to your access to and use of the Services.

Communications and Notices

By providing your telephone number to us in any form, including without limitation, any electronic, digital, or other written form, including via e-mail, website form, text message, telephone keypress, or voice recording, you authorize us to deliver or cause to be delivered to you, telemarketing, telephonic sales calls, and other calls and SMS/text messages using an automated system for the selection or dialing of telephone numbers or other automatic telephonic dialing system or the playing of a recorded message when a connection is completed to a number called, whether or not featuring an artificial or pre-recorded voice. You expressly consent to receive and authorize these calls and messages for any purpose, including but not limited to telemarketing, telemarketing sales calls, and advertising benefits and services that may be of interest, for the purpose of servicing your account, payment and billing, collecting any amounts you may owe, fundraising efforts and donations, informational updates, and for our operations and operational improvements. You understand that you need not enter into a written agreement or otherwise agree as a condition to purchase any property, goods, or services and that calls and messages could result in interruption or data use or charges according to your plan.

You may also communicate with us via e-mail, postal mail, telephone, the mobile applications, our website, and other services. We may issue notices via these various channels, including by sending e-mails to an address you provide us. You agree that such notices shall have legal effect. You also agree that any notices sent by e-mail satisfy any requirement that notices be provided in writing. You may have the right to withdraw your consent to receive certain emails and notices from mobile applications, and, when required by law, we will provide you with paper copies of notices upon request. You agree that you may make such a request by contacting us. To receive, access, and retain the notices we send via e-mail, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in PDF format. Your device or computer must have the ability to print, or download and store, e-mails and PDF files. By accepting these Terms of Use, you confirm that you are able to receive, access, and retain the notices we may send. You may update your contact information through the Services.

Privacy

Please review our Privacy Policy, which also governs your use of the Services. The Privacy Policy is also incorporated into and made a part of these Terms of Use.

Ownership

Unless noted otherwise, the Services, in their entirety, including but not limited to all design and content, are the sole property of NMRA Sunshine Region Inc. or its content suppliers. The content available via the Services is protected as a collective work under United States and international copyright, trademark, and other laws. Except as stated in these Terms of Use, no content may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means without the prior written consent of NMRA Sunshine Region, Inc., the respective owner. You may not use NMRA Sunshine Region’s name, logo, or other trademarks for any purpose without the express written consent of NMRA Sunshine Region Inc. Any rights not expressly granted herein are reserved by NMRA Sunshine Region Inc.

You may not, without NMRA Sunshine Region’s prior written consent: (a) use bots, scripts, spiders, crawlers, software, or other tools, devices, or processes on the Services for any purpose, including but not limited to mining, scraping, accessing, or collecting designs or content available on the Services; or (b) use designs or content obtained from the Services for use in any other product, service, or offering, including but not limited to websites, mobile applications, or other digital services.

NMRA Sunshine Region does not permit copyright infringing activities on its Services. NMRA Sunshine Region abides by the federal Digital Millennium Copyright Act (“DMCA”) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we will remove materials if properly notified that such materials infringe on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content on our Services infringes upon your copyrights, you may submit a notification pursuant to the DMCA by sending an e-mail to nmra_sunshineregionmail@yahoo.com.

Conduct and Security on the Services

You are not permitted to engage in any conduct that, as determined in our sole discretion, restricts, inhibits, or interferes with the ability of any other person to use or enjoy the Services. You may use the Services only for lawful purposes. You are prohibited from: (a) accessing or using the Services to collect information about users of the Services; (b) violating or attempting to violate the security of the Services; (c) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted via the Services; (d) misrepresenting your identity or providing us with false information; and introducing any viruses or other computer code, files, or programs designed to interrupt destroy, or limit the functionality of the Services, software, hardware, or equipment.

Links

You may create a text-only hyperlink labeled “NMRA Sunshine Region Web Site” to our home page only (www.nmrasunshineregion.org). You are not permitted to use a link that “frames” our Services or that portrays NMRA Sunshine Region, Inc. or its products or services in a false, misleading, derogatory, or otherwise offensive manner. Also, you may not use any other NMRA Sunshine Region Inc. logo, graphic or trademark as part of the link without our express written permission. NMRA Sunshine Region Inc. may revoke your right to link at any time for any reason.

User Content and Permitted Use of Services

NMRA Sunshine Region Inc. reserves the right, but not the obligation, to monitor use of the Services and the content that you and other users may post in certain areas. We further reserve the right, but not the obligation, to remove information and materials that we deem, in our sole discretion, to be objectionable. Subject to the terms of our Copyright Policy language above, NMRA Sunshine Region Inc. expressly disclaims any obligation or warranty to screen or remove objectionable materials. NMRA Sunshine Region Inc. further reserves the right to disclose any content, records, or electronic communications of any kind if we are required to do so by any law, regulation, or court order, or if such disclosure is necessary or appropriate to operate the Services or to protect NMRA Sunshine Region Inc.’s rights or property, or the rights of others, including our partners, affiliates, sponsors, providers, licensors, and merchants, or other persons that use the Services.

You represent and warrant that you will not use the Services to post content (such as comments): that is false, misleading, inaccurate; that is unrelated to the Services, that infringes on the rights of others; that, as determined by NMRA Sunshine Region Inc. in its sole discretion, is confidential or private information, obscene, harassing, abusive, defamatory, vulgar, sexually explicit, or is inappropriate with respect to race, gender, sexuality, ethnicity; that constitutes unsolicited advertising; that impersonates another person, business, or entity; that contains malicious or otherwise harmful computer code; or that otherwise violates these Terms of Use. You also represent and warrant that you will not post content for which you received compensation from a third party without receiving written authorization from NMRA Sunshine Region Inc.

You hereby grant NMRA Sunshine Region Inc. a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via email or phone) or materials you share with us throughout the world in any media, including when you allow NMRA Sunshine Region Inc. to feature text, images and videos shared through social media (e.g., Facebook™, Twitter™, Instagram™, Pinterest™) or submitted through reviews and ratings. You also grant us the right to use the name and social media handle that you use when you share content with us in connection with that content. When you share content to us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.

NMRA Sunshine Region Inc. administers programs that provide benefits such as personalized discounts, gifts and other perks to members who create accounts. You are only permitted to have one (1) account of any given type that is personal to you. Your account may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. Without notice to you, NMRA Sunshine Region Inc. reserves the right to suspend and/or terminate your account and/or your participation in the program if NMRA Sunshine Region Inc. determines, in its sole discretion, that you have violated these Terms of Use or that the use of your NMRA Sunshine Region Inc. account is unauthorized, deceptive, fraudulent or otherwise unlawful. NMRA Sunshine Region Inc. may, in its sole discretion, suspend, cancel or combine NMRA Sunshine Region Inc. accounts that appear to be duplicative. In the event that your participation in a NMRA Sunshine Region Inc. program is terminated, all benefits accrued by or associated with your account are void and you are prohibited from opening a new account for six (6) months.

Information Provided on Our Services

The content that appears on our Services is for educational and informational purposes only. We strive to provide useful and accurate information. However, errors may appear from time to time. We make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information presented on the Services. Any pricing shown or offered through the Services is considered an estimate only and is subject to change.

Third Party and Co-branded Content

NMRA Sunshine Region Inc. may provide content or provide links to content on the Services (including co-branded websites) that are not under the sole control of NMRA Sunshine Region Inc. A link to a third-party site on the Services does not constitute sponsorship, endorsement, approval or responsibility by NMRA Sunshine Region Inc. for any third-party site. NMRA Sunshine Region Inc. does not assume any responsibility for the operation, content, privacy practices, or technologies used by third-party services. You agree that you interact with third parties at your sole risk and that your relationship with those parties will be governed by their terms and policies. NMRA Sunshine Region Inc. in its sole discretion may modify or remove such links or content at any time and without notice.

Submissions

NMRA Sunshine Region Inc. may offer you the opportunity, or you may choose, to submit information, comments, pictures, videos, or ideas to NMRA Sunshine Region Inc . or to other users of the Services (collectively “Submissions”). We welcome your Submissions. However, by sending Submissions to NMRA Sunshine Region Inc. you acknowledge that the Submissions will not be treated by NMRA Sunshine Region Inc. as confidential and you agree that you grant to NMRA Sunshine Region Inc . a nonexclusive, royalty-free, perpetual, irrevocable, transferable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions throughout the world in any media for any purpose whatsoever, without restriction and without compensating you in any way. You should not send us any Submissions that you are legally prohibited from transferring to us. By sending Submissions, you warrant that you are the sole author of the content, that you are at least 18 years old or that you are at least 13 years old and your parent or legal guardian agrees to be bound by these Terms of Use, and that your Submissions will not cause injury to the rights or property of any person or entity.

Disclaimers

ALTHOUGH NMRA SUNSHINE REGION INC. RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, OR INACCURACIES, YOU ACKNOWLEDGE THAT THE SERVICES, AND ALL INFORMATION CONTAINED THEREIN, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND AND THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NMRA SUNSHINE REGION INC. DOES NOT WARRANT THAT THE SERVICES OR ANY INFORMATION, CONTENT OR FUNCTIONALITIES OFFERED THROUGH THE SERVICES, OR ANY ELECTRONIC COMMUNICATIONS SENT FROM NMRA SUNSHINE REGION INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NMRA SUNSHINE REGION INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NMRA SUNSHINE REGION INC. DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICES, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SERVICES WILL BE UNINTERRUPTED; OR (III) THAT THE SERVICES, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.

Limitation of Liability

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT NMRA SUNSHINE REGION INC. AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM: THE USE OF THE SERVICES; THE INABILITY TO USE OR ACCESS THE SERVICES; OR ANY INFORMATION, CONTENT OR FUNCTIONALITY OFFERED THROUGH THE SERVICES. THESE LIMITATIONS APPLY TO ALL LOSSES AND DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SERVICES OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF NMRA SUNSHINE REGION INC. UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Indemnities

You agree to hold harmless NMRA Sunshine Region Inc., its subsidiaries and affiliates, and their respective officers, directors, employees, agents, licensors and suppliers from any and all claims arising out of or related to your access or use of the Services or your inability to access or to use the Services or any other offerings rendered by NMRA Sunshine Region Inc. or its contractors in conjunction with the Services or your use of the Services.

Applicable Law

By using the Services, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and NMRA Sunshine Region Inc.

Disputes

SUBJECT TO THE MANDATORY INFORMAL DISPUTE RESOLUTION PROCESS SET FORTH BELOW, ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SERVICES (“DISPUTE”) SHALL BE SUBMITTED TO BINDING ARBITRATION IN TAMPA, FLORIDA, EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT. IF YOU CAN DEMONSTRATE TO US THAT ARBITRATION IN TAMPA, FLORIDA WOULD CREATE AN UNDUE BURDEN TO YOU, WE WILL ALLOW YOU TO INITIATE THE ARBITRATION IN YOUR HOME STATE. ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR. ARBITRATION UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY UNDER THE CONSUMER ARBITRATION RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA’S CONSUMER RULES”), EXCLUDING ANY RULES AND PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THE RULES ARE AVAILABLE ON THE AMERICAN ARBITRATION ASSOCIATION’S WEBSITE.

NMRA SUNSHINE REGION INC. AND YOU AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM. YOU AND NMRA SUNSHINE REGION INC. 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, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON.

THE ARBITRATOR SHALL APPLY FLORIDA LAW, AND THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.

IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE OR IF THERE IS A CHALLENGE OR APPEAL, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE AND FEDERAL COURTS IN TAMPA, FLORIDA. If for any reason a claim, challenge or appeal may proceed in court rather than in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY.

Before either Party may initiate an arbitration proceeding, you and NMRA Sunshine Region Inc. agree to engage in a good faith effort to resolve the Dispute informally for 60 days, unless that time is extended by agreement. If you intend to initiate an arbitration proceeding, you must first send a fully completed notice of your Dispute (the “Notice”) to NMRA Sunshine Region Inc. The Notice must include your name and contact information (address, telephone number, and email address) and information sufficient to enable NMRA Sunshine Region Inc. to identify any transaction at issue. The Notice must also include a detailed description of (1) your Dispute; (2) the specific facts supporting your claim(s); (3) the nature and basis of the damages you claim to have suffered; and (4) a calculation and explanation of the relief sought. Your Notice shall be personally signed by you and sent to NMRA Sunshine Region Inc. at: NMRA Sunshine Region, Inc., 4621 Bexley Village Dr., Land O Lakes, FL 34638 Attention: General Counsel. If NMRA Sunshine Region Inc. intends to initiate an arbitration proceeding, it will send a Notice to you at the contact information we have on file. If requested by NMRA Sunshine Region Inc. as part of this mandatory informal dispute resolution process, you agree to personally participate (along with your counsel, if you are represented) in a telephone conference to discuss the potential resolution of the Dispute between you and NMRA Sunshine Region Inc. If the Dispute is not resolved within 60 days after receipt of the Notice (or the longer period agreed to by the Parties), you or NMRA Sunshine Region Inc. may proceed with individual arbitration (this informal process is a condition precedent to doing so.). Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. A court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. If the sufficiency of a Notice or compliance with this mandatory informal dispute resolution process is at issue, it may be decided by a court at either Party’s election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court shall have the authority to enforce this condition precedent, which includes the power to enjoin the filing or prosecution of a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in this informal process.

If the Parties are not able to resolve the Dispute through the mandatory informal dispute resolution process referenced above, either Party may initiate an individual arbitration proceeding by sending a demand to the American Arbitration Association (AAA) that describes the nature and basis for the claim and includes all of the information required in the Notice. The Party initiating arbitration must include as part of the demand a personally signed certification of compliance with the informal dispute resolution process.

If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Rules. Regardless of who initiates the arbitration, NMRA Sunshine Region Inc. will pay any other arbitration fees, including your share of arbitrator compensation. If the arbitrator rules against NMRA Sunshine Region Inc. in addition to accepting whatever responsibility is ordered by the arbitrator, NMRA Sunshine Region Inc. will reimburse your reasonable attorneys’ fees and costs, regardless of who initiated the arbitration, unless the arbitrator finds some or all of your claims to be frivolous or to have been brought in bad faith. In addition, if the arbitrator rules in our favor, we will seek reimbursement of our attorneys’ fees and costs, regardless of who initiated the arbitration, unless the arbitrator finds some or all of your claims to be frivolous or to have been brought in bad faith.

To help resolve any issues between us promptly and directly, you and NMRA Sunshine Region Inc. agree to begin any arbitration within one year after a claim arises; otherwise, the claim is waived.

This paragraph sets forth additional procedures that apply to mass arbitrations. If twenty-five (25) or more similar claims are asserted against NMRA Sunshine Region Inc. by the same or coordinated counsel or are otherwise coordinated, you understand and agree that these additional procedures apply and that the resolution of your Dispute might be delayed. Counsel for the claimants and counsel for NMRA Sunshine Region Inc. shall each select fifteen (15) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. Each of these thirty (30) cases shall be assigned to a different arbitrator. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of this bellwether process. If the Parties are unable to resolve the remaining cases after the conclusion of the initial thirty (30) proceedings after conferring in good faith, each side shall select another fifteen (15) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. Each of these thirty (30) cases shall be assigned to a different arbitrator. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the Parties agree otherwise. Identical sets of arbitrators shall not be assigned to sets of bellwether proceedings. This staged process shall continue with thirty (30) cases in each set of bellwether proceedings, consistent with the parameters identified above, including that the remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed, until all the claims included in these coordinated filings, including your case, are adjudicated, settled, or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to these additional procedures that apply to mass arbitrations from the time the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. You and NMRA Sunshine Region Inc. agree to engage in this process in good faith. A court shall have the authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against NMRA Sunshine Region Inc.

This “Disputes” provision shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of, or your participation in, any membership programs or subscription services and your relationship with NMRA Sunshine Region Inc. Any amendments to this provision shall not affect any then active or pending arbitration proceeding.

Intellectual Property Claims by NMRA Sunshine Region Inc.

In the event of intellectual property claims by NMRA Sunshine Region Inc. against you shall have the right to litigate such claims in any state or federal court in Tampa, Florida, and you consent to the exclusive and mandatory venue in such courts.

No Waiver

NMRA Sunshine Region Inc.’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Use of NMRA Sunshine Region Inc. Services

You may use the Services for your personal, noncommercial use only. You may not use any Services if you are under the age of 13. If you are between the ages of 13 and 18, you may use the Services only with involvement of a parent or guardian.

Contact us if you have any questions about these Terms of Use or you would like to receive a copy free of charge. You may also download a copy of these NMRA Sunshine Region Inc. Policies in PDF format.

At NMRA Sunshine Region Inc., we are committed to protecting your privacy. We developed this Privacy Policy to inform you about how we treat the information that we collect about you in association with operating our business, including when you use the Services or interact with us. By using the Services, you consent to the practices described in this Privacy Policy.

Updates to Privacy Policy

NMRA Sunshine Region Inc. reserves the right, at any time, to modify this Privacy Policy. By continuing to use the Services following such modifications, you agree to be bound by such modifications. We will post our most current Privacy Policy on this page, and you should periodically visit this page to review it.

Categories of Information That We Collect

In the course of operating our business, we collect a range of personal information. That information includes:

Identifiers, such as your name, physical address, email address, social media handle, phone number, IP address, device identifiers, signature, government identifiers collected for certain sales and ID verification, and identifiers associated with cookies, pixels or other similar technologies;

Demographics, such as your age and gender;

Transactional information, such as records of your purchases and orders and content you access, download, or view via the Services;

Internet or other electronic network activity, such as information about how you use, access, or interact with the Services or our emails, including but not limited to information about how you use your mouse, keyboard, and other input devices when accessing the Services; information about your activities on other online services; and information about your browser and device;

Location information, such as city and state you provide, or location information derived from your device or browser, subject to the settings on your device or browser;

Records of communications with us, recordkeeping;

Survey responses; and

Inferences regarding your preferences or other characteristics based on the information we collect or obtain from other sources.

Please read below for more information about the information we collect.

Information That We Collect from You

You may be able to use some of our Services with us without providing any personal information to us. However, in order to take advantage of certain features, offerings, or other functions available on our Services, you may be asked or required to provide personal information. For example, depending on the feature or service you wish to access, we may ask you to register an account with us, provide identification, or otherwise collect information from you such as your name, address, e-mail address, telephone number, credit card information, household information, demographic information, and/or information about your interests. You can always choose to not provide us with the requested information; however, if you choose to not provide such information, you may not be able to engage in certain transactions or access or use certain features or functions of the Services. When you shop on our website, we may collect information about the products or services you buy.

To the extent that you provide us with a mobile telephone number you hereby:

Represent that you are the accountholder and subscriber for the mobile telephone number that you provide, or that you have the accountholder and subscriber’s permission to receive text messages and/or phone calls at that telephone number;

Agree to receive, and authorize us to deliver or cause to be delivered to you, calls and SMS/text messages for any purpose, including advertising, using an automatic telephone dialing system or an artificial or pre-recorded voice;

Agree to notify us promptly if the mobile telephone number you have provided changes;

Agree to indemnify us in full for all claims, expenses, costs, and damages related to, arising under, or caused by, in whole or in part, your failure to notify us promptly if the phone number you have provided changes, including but not limited to, all claims, expenses, costs, and damages related to or arising under the Telephone Consumer Protection Act; and

Understand and agree that your agreement to these terms is not required as a condition of purchasing any property, goods, or services and that, based on your plan with your mobile carrier, normal usage rates and fees, including data fees and text message rates, may apply to text messages and/or phone calls delivered by NMRA Sunshine Region Inc. or on NMRA Sunshine Region Inc.’s behalf.

Information We Collect from Other Sources

We may also receive information about you from other sources, including third parties that help us: update, expand, and analyze our records; identify new members; collect information on our behalf; and prevent or detect fraud. We may also receive information about you from social media platforms websites and third party applications, including but not limited to when you interact with us on those platforms, access our social media content, or use your social media login credentials to access our Services. The information we receive from these sources may include, but is not limited to, identifiers, demographics, education information, address information, Internet or other electronic network activity, and inferences about your preferences or other characteristics. The information we will be able to receive will be determined by the privacy settings, policies, and/or procedures of the applicable third party platform, website or service.

Information We Collect Automatically

When you use the Services, we or third-parties may collect information about how you access, use, or otherwise interact with the Services, our emails, and online advertising. This information is collected for various reasons, including to help ensure that the Services continue to work correctly, to improve the Services, to support marketing campaigns (including targeted advertising), to understand our members and how they use the Services, and to offer you a more personalized experience. The information collected may include technical information such as your IP address, the type of device or browser that you use to access the Services, the operating system on your device, the website or other online service that directed you to our Services, the URLs of the websites you visited before visiting our site, numeric identifiers for your mobile device, identifiers for advertising, identifiers generated from secure hash algorithms, session times and durations, how you use your mouse, keyboard, and other input devices to interact with the Services, and the content that you view on the Services. For more information about how this information is collected, please see our Cookies and Other Tracking Technologies section below.

Information Collected from Mobile Devices

When you access our Services via a mobile device, NMRA Sunshine Region Inc. or its third-party service providers may collect various information, including the type of mobile device you use, the temporary or persistent device identifier associated with your device, the IP address of your mobile device, the device’s operating system, the browser you use to access the Services, information about how you use the Services, and your device’s location as described below.

Why Do We Collect Your Information

We use the information we collect to:

Deliver promotional and marketing materials to you via physical mail and electronically regarding NMRA Sunshine Region Inc. and its products and services;

Fulfill your requests for our products, programs, or services;

Complete and manage purchases, orders, refunds, returns and exchanges;

Respond to your inquiries;

Offer you other products, programs, or services that we believe may be of interest to you;

Conduct surveys;

Achieve the purposes for which you provided the information;

Conduct research, analysis or market studies;

Enhance our products, services, or business operations;

Prevent or detect fraud;

Deliver marketing communications, special offers, or advertisements that may be of interest to you, including the delivery of targeted advertisements that are based on your previous online activity on the Services and other third-party services

Create and deliver personalized content, offers, services, and advertising, including personalized content based on the precise location information we collect from mobile devices or the location that we infer from your IP address or other information;

Maintain and administer account or membership you may have with us;

Conduct promotional activities;

Communicate with you regarding your accounts, purchases, or other issues;

Protect the rights or safety of you, us or others; and

Comply with and enforce applicable legal requirements if applicable, or digital properties’ terms of use), relevant industry standards, and our policies.

We may combine the information we collect from you with information that we collect from other sources.

How Do We Disclose Your Information

We do not share any personal information.

Public Information

If you post comments, pictures, or other content via public forums that may be available on the Services, that information may be publicly available. The information may be searchable by search engines and copied or republished by third parties. We have no control over those third parties. Please think carefully before you post any information via public forums .

Your Options Regarding the Information that We Collect

You may choose to:

Stop receiving marketing or promotional e-mails, direct mail, phone and mobile marketing communications;

Update and correct the information that you provide to us; or

Request that we cancel your account or that we no longer use the information you have given us to provide you services.

To exercise your choices, you may:

You may, depending on applicable laws, have certain rights regarding your personal information. For example, you may have the rights to:

Access: asking us to confirm whether we process your information and to provide access to the personal information we process;

Correct: asking us to correct inaccurate personal information;

Delete: asking us to delete personal information we process;

Portability: asking us to provide a copy of the personal information we collect in a portable and, to the extent technically feasible, readily usable format that facilitates transfer to another entity;

Opt Out of Targeted Advertising: asking us to not process your personal information for targeted advertising;

Opt Out of Sales: asking us to not sell your personal information for monetary consideration; and

Opt Out of Profiling: asking us to not use your personal information to generate profiles used to support decisions that produce legal or similarly significant effects.

Cookies and Other Tracking Technologies

By using the Services, you consent to our use of cookies, web beacons, and similar technologies, including those operated by third parties on our website. We use these technologies to receive and store certain types of information when you interact with the Services. The information obtained by using these technologies (including, but not limited to, the pages you visit on our website, which web address you came from, information about the devices and software you use, and the content you view) helps us in various ways, including, but not limited to, to customize your experience, improve the Services, learn what areas of the Services are of most interest to our members, and troubleshoot any issues. In order to provide the best experience possible, we also use this information for reporting and analysis purposes.

Most web browsers are set to accept cookies by default, though you can manually disable the cookies feature of your browser. You should review the online documentation relating to your browser or consult with the provider of your browser for instructions on how to disable cookies. Please note that if you disable cookies on your Internet-enabled device, some parts of the Services may not function properly or offer you the same degree of personalization. In addition, you may be able to exercise choices regarding companies such as online network advertisers via certain third party tools. Read more information about such choices at: http://www.aboutads.info/choices/.

We may also use technologies that let us know whether you viewed certain content, whether you viewed our emails or other electronic communications, and whether the advertising we place on the Services and other websites or mobile applications is effective.

One of the services we use to learn about how you and others use the Services is Google Analytics. You can learn more about how Google uses the information it collects at: https://www.google.com/policies/privacy/partners/.

Our digital properties are not designed to respond to “do not track” requests from browsers. Visit the following website, www.allaboutdnt.org, for more information on this developing area.

Third-party Content and Activities

The Services may contain links to content or integrated content (like embedded videos) provided by third parties. The information practices of those third parties may differ from ours. You should consult the privacy policies of any third party that provides content that you access through the Services as we do not control and are not responsible for the information that they collect, use, or share. Because your web browser may obtain integrated content directly from third-party servers, the third parties may be able to collect information as if you had visited their sites directly. Some of the third parties that provide content on our Services or support our business by facilitating online advertising, analytics, or research may use technologies to track your online activities over time and across various websites and other online services.

Security

NMRA Sunshine Region Inc. uses administrative, technical, and physical safeguards designed to safeguard the information we collect via the Services. However, no information system can be 100% secure. We cannot guarantee the absolute security of your information. Moreover, we are not responsible for the security of information you transmit or receive via the Services over networks that we do not control, including the Internet and wireless networks. You are responsible for protecting the confidentiality of your username and password(s) and you hereby release NMRA Sunshine Region Inc. from any liability related to your disclosure of your username and/or password(s) to any third party. NMRA Sunshine Region Inc. reserves the right to suspend or terminate your account or to require you to change your username and/or password if NMRA Sunshine Region Inc . believes they are no longer secure.

Protecting Children’s Privacy

We do not knowingly solicit or collect personal information from children under the age of 13 without parental consent. If you believe that a child under age 13 may have provided us with personal information without parental consent, please contact us.

Questions about Our Privacy Policy

Please let us know if you have any questions about our Privacy Policy by contacting us online.

Media Use Policy

By using the Services, I agree, individually and on behalf of my employer (if any), to NMRA Sunshine Region Inc.’s Terms of Use and Privacy Policy. My employer and I (collectively “We”) further agree that all content downloaded using the Services, such as photography, audio, video, and other multimedia files (the “Content”), will remain the property of NMRA Sunshine Region Inc. We will have no right or ownership of the Content, which will be used for editorial purposes only. Any other use of the Content (for example, personal or commercial use) is strictly prohibited.

We will:

Include a credit to “NMRA Sunshine Region Inc.” in any use of the Content.

Use the Content only in news broadcasts, news websites or other news publications, including our affiliated social media accounts, that we own or control, or in other locations NMRA Sunshine Region Inc. specifically approves in writing.

Remove the Content if NMRA Sunshine Region Inc. asks us to do so.

We will not:

Use the Content in any manner that implies sponsorship or endorsement by NMRA Sunshine Region Inc. otherwise mischaracterizes our relationship with NMRA Sunshine Region Inc.

Alter the Content in any manner, including by changing the proportion, color, or font, or by adding or removing any element(s) to or from the Content.

Place the Content on any background that interferes with the readability or display of any of NMRA Sunshine Region Inc.’s trademarks.

Use the Content to disparage NMRA Sunshine Region Inc., its products or services, or in a manner that, in NMRA Sunshine Region Inc.’s sole discretion, may diminish or otherwise damage or tarnish NMRA Sunshine Region Inc. or NMRA Sunshine Region Inc.’s goodwill.

Use the Content in any manner not expressly authorized in this Media Use Policy, including, without limitation, in advertising, on merchandise, or embedded or used within any mobile app or other software implementation.

Use the Content on any website that (a) contains sexually explicit, libelous or defamatory material, (b) depicts violence, (c) promotes discrimination, or employs discriminatory practices, on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; (d) promotes or undertakes illegal activities; includes any trademark of NMRA Sunshine Region Inc. or its affiliates, or a variant or misspelling of a trademark of NMRA Sunshine Region Inc. or its affiliates, in any domain name; (f) otherwise violates intellectual property rights; or (g) NMRA Sunshine Region Inc. notifies us is unsuitable.

Sunshine Region - NMRA

Where modelers come to share, develop, and learn new skills.