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Last Updated: 24th October, 2024

IMPORTANT NOTICE TO COMMERCIAL USERS: These Terms of Use govern access to and use of the Site and Services (as defined below) by consumers acting in an individual or household context.  If you are accessing or using the Site or Services in a commercial or business context, please see our Commercial Terms and Conditions of Use [HYPERLINK], which govern your access to and use of the Site and Services.

INTRODUCTION

These Consumer Terms and Conditions of Use (the "Terms") are a legal agreement between you ("you" or "your") and TFLI US INC trading as CommercialExperts.com ("we," "us," "our", or "CommercialExperts.com"), the owner and developer of the CommercialExperts.com family of websites (to the extent such websites link to these Terms, they are collectively referred to herein as the "Site"). By accessing, using, registering, or otherwise interacting with the Site or the Services (as defined below), you agree to be bound by all of the terms and conditions set forth in these Terms. You understand that you are not able to modify these Terms and that you must accept all Terms "AS-IS." Should you choose not to accept these Terms, you are not permitted to access, use, register, or otherwise interact with the Site or Services. 

YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. 

PLEASE READ: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, WHICH PROVIDES THAT, EXCEPT WITH RESPECT TO CERTAIN TYPES OF DISPUTES,  YOU AND WE AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, AND YOU AND WE GIVE UP ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR A JURY, AND IN ALL CASES YOU AND WE HEREBY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE READ SECTION 17 (LEGAL DISPUTES) BELOW FOR MORE INFORMATION, INCLUDING INFORMATION ABOUT YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. 

CommercialExperts.com provides the Site as a comparison website and acts as a referral agency to connect our consumer clients with Service Providers (as defined in Section 5 below) offering services such as [insert representative services].  The referral services (including all ancillary services) provided by CommercialExperts.com are referred to herein as the "Services". Our Services may not be available in all states so please check the Site for details. Service Providers may charge fees for their services and their services may be subject to the Service Providers' own terms of service. CommercialExperts.com is not responsible for, and does not guarantee any outcomes from, these Service Providers. 

MODIFICATION OF THESE TERMS 

COMMERCIALXPERTS.COM RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO AMEND OR MAKE CHANGES TO THESE TERMS AT OUR DISCRETION. YOUR CONTINUED USE OF ANY PART OF THE SITE OR ANY COMMERCIALEXPERTS.COM SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES TO THE TERMS. YOU ARE ENCOURAGED TO REVIEW THESE TERMS FROM TIME TO TIME TO DETERMINE IF ANY CHANGES HAVE BEEN MADE. THE MOST CURRENT VERSION OF THESE TERMS, WHICH WILL BE NOTED BY THE "LAST UPDATED" DATE HEREIN, SUPERSEDES ALL PREVIOUS VERSIONS.

LINKS TO THIRD PARTY SITES

The Site may contain links to websites and resources operated by third parties ("Linked Sites"). The Linked Sites are not under the control or management of CommercialExperts.com, and CommercialExperts.com accepts no responsibility for such Linked Sites or for any loss or damage that may arise from your use of any Linked Site and is not responsible for the contents of any Linked Site, including without limitation any links contained in a Linked Site or any changes or updates to a Linked Site. CommercialExperts.com is not responsible for webcasting or any other form of transmission received from any Linked Site. CommercialExperts.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CommercialExperts.com of the Linked Site or any association with its operators. If you decide to access a Linked Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Linked Site.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site and Services, you warrant to CommercialExperts.com that you will not use the Site or the Services (including any information, graphics, opinions, advice, comments or other materials provided on the Site or otherwise in connection with the Services (collectively, "Content")), for any purpose that is unlawful or prohibited by law, regulation, or these Terms. You may not use the Site or Services in any manner which could damage, disable, overburden, or impair the Site or Services or interfere with any other party's use and enjoyment of the Site or Services. You may not obtain or attempt to obtain or use any Content through any means not intentionally made available or provided for by CommercialExperts.com on the Site or as part of the Services.

YOU ARE RESPONSIBLE FOR YOUR SERVICE DECISIONS

As part of the Services, CommercialExperts.com may provide you with the opportunity to connect to third-party service providers ("Service Providers"). You understand and acknowledge that CommercialExperts.com may be compensated by Service Providers for referrals made through this Site, and that the amount of compensation may impact [whether you are matched to a particular Service Provider and] the order in which they are listed. If you [click links on Site or] sign up to receive a quote from a Service Provider, CommercialExperts.com may receive a small fee from the Service Provider for the introduction[, at no additional cost to you]. CommercialExperts.com is not affiliated with any of the Service Providers, and their pricing may change at any time. 

CommercialExperts.com does not guarantee the accuracy or completeness of any of the information provided on the Site or with regard to the Service Providers, and is not responsible for any loss resulting from your reliance on such information. You understand and agree that you are responsible for examining the information provided and conducting your own research as to whether each Service Provider's services that are marketed on the Site meet your needs. We do not endorse or recommend the products or services of any Service Provider, and we are not an agent or advisor to you or any Service Provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you. COMMERCIALEXPERTS.COM IS NOT LIABLE FOR ANY LOSSES, COSTS, DAMAGES OR CLAIMS IN CONNECTION WITH, ARISING FROM, OR RELATED TO, YOUR INTERACTIONS WITH ANY SERVICE PROVIDER OR YOUR USE OF ANY SERVICE PROVIDER'S PRODUCTS OR SERVICES.

NO GUARANTEE OF QUOTES, FEES, TERMS, RATES, COVERAGE OR SERVICES

We do not make any warranties or representations regarding the quotes, fees, terms, rates, coverage or services offered or made available by Service Providers through our Site or our Services. We do not guarantee that quotes, fees, terms, rates, coverage or services offered by Service Providers are the best available in the marketplace. You may be able to find better offers elsewhere.

MATERIALS PROVIDED TO COMMERCIALEXPERT.COM OR POSTED ON THE SITE

CommercialExperts.com does not claim ownership of the information or materials you provide to CommercialExperts.com (including feedback and suggestions) or upload, input or submit to the Site or the Services (collectively "Submissions"). However, by  providing, uploading, inputting, or submitting your Submission you are granting CommercialExperts.com and its affiliated companies a perpetual, irrevocable, fully transferrable and sublicenseable, worldwide right and license to use your Submission in any way and for any purpose in connection with the operation of our and their businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions.  You hereby waive any moral rights of paternity, publications, reputation, or attribution with respect to our use and enjoyment of such assets under applicable law. The foregoing license grant to CommercialExperts.com and its affiliated companies, and the above waiver of any applicable moral rights, survives termination of these Terms.

CommercialExperts.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion. 

By providing, uploading, inputting, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, upload, input or submit the Submissions.

MONITORING OF WEBSITE INTERACTIONS AND TELEPHONE COMMUNICATIONS

You acknowledge and agree that CommercialExperts.com may monitor and record website interactions and phone calls for marketing, compliance, and quality assurance purposes. These recordings may be made or accessed by, or shared with, our service providers that provide or assist with the recording process, and may be otherwise used and shared in accordance with our Privacy Policy [hyperlink]. 

PHONE AND TEXT MESSAGE COMMUNICATIONS

We may request your consent so that we and specified Service Providers, and our and their agents and service providers, may contact you (including using an automatic telephone dialing system or an artificial or pre-recorded voice) at the phone number you provide to us, via phone call or text message (including via SMS), regarding our Services and the Service Providers' services (as applicable) and for marketing or advertising purposes. You understand that you are not required to agree to receive phone calls or text messages as a condition of purchasing any property, goods, or services. To the extent that you provide your consent for such communications, you represent that you are the sole owner of the phone number you provide to us, and you are at least 18 years old. Furthermore, you understand and agree that (i) communications from CommercialExperts.com are governed by these Terms and the CommercialExperts.com Privacy Policy [hyperlink]; (ii) communications from each Service Provider are governed by the respective Service Provider's privacy policy and terms and conditions; and (iii) all text message communications are governed by any terms and conditions of your mobile carrier, that message and data rates may apply, and that message frequency varies. If your contact information changes, you will promptly inform CommercialExperts.com by email at compliance@tfli.us. 

You may withdraw your consent to receive text messages at any time by replying "STOP" to any such text message. After you send "STOP," we may send you an additional text message to confirm that you have been unsubscribed. You will no longer receive text messages from that short code or number, as applicable, but you may receive text messages if you are subscribed to other text lists. 

You may also withdraw your consent to receive phone calls and text messages by notifying us by email at compliance@tfli.us.

EMAIL COMMUNICATIONS

You may opt out of receiving our marketing emails by clicking the "Opt-out" or "Unsubscribe" link at the bottom of the email.

LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER

YOU ACKNOWLEDGE AND UNDERSTAND THAT COMMERCIALEXPERTS.COM CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE, OR THROUGH COMMUNICATIONS VIA SMS WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. COMMERCIALEXPERTS.COM WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR PROVIDED VIA SMS OR ON ANY LINKED SITE.

THE CONTENT AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES, OUTDATED INFORMATION, OR TYPOGRAPHICAL ERRORS. COMMERCIALEXPERTS.COM MAY, BUT IS NOT REQUIRED TO, MAKE IMPROVEMENTS AND CHANGES TO THE SITE, SERVICES, AND CONTENT FROM TIME TO TIME.  THE CONTENT AND SERVICES AVAILABLE ON OR THROUGH THE SITE SHOULD NOT BE RELIED UPON FOR ANY PURPOSE, INCLUDING TO MAKE PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS, AND IS NOT TO BE CONSTRUED AS PROFESSIONAL ADVICE FROM COMMERCIALEXPERTS.COM. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) COMMERCIALEXPERTS.COM MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE OR THE SERVICES, OR THE CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITE OR SERVICES, FOR ANY PURPOSE; (B) THE SITE AND ALL SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND; AND (C) COCEXPERTS.COM HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SITE, SERVICES, AND CONTENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMMERCIALEXPERTS.COM BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OR MISUSE OF DATA, LOSS OF INTANGIBLES, LOSS OF SECURITY OF INFORMATION TRANSMITTED VIA THE SITE OR SMS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF SUCH INFORMATION), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF COMMERCIALEXPERTS.CO OR ANY OF ITS SUPPLIERS OR SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMMERCIALEXPERTS.COM WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) THE USE OR PERFORMANCE OF THE SITE OR SERVICES, (B) THE DELAY OR INABILITY TO USE THE SITE OR SERVICES, (C) FOR ANY CONTENT OR SERVICES AVAILABLE ON OR OBTAINED THROUGH THE SITE, OR (E) OTHERWISE ARISING OUT OF THE USE OF OR ACCESS TO THE SITE OR SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, SERVICES, OR CONTENT, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, SERVICES, AND CONTENT.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF ANY WARRANTY OR THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE ABOVE DISCLAIMER OF WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, IN WHICH CASE THE SCOPE OF SUCH WARRANTY AND THE EXTENT OF LIABILITY OF COMMERCIALEXPERTS.COM WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW. 

ALL DISCLAIMERS AND EXCLUSIONS AND LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF COMMERCIALEXPERTS.COM AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE "AFFILIATED ENTITIES").

TERMINATION/ACCESS RESTRICTION

CommercialExperts.com may establish areas on the Site which may require obtaining access credentials. Should you obtain such access to restricted areas on the Site, CommercialExperts.com reserves the right, in its sole discretion, to terminate your access to such restricted areas, and the related Services, or any portion thereof at any time, without notice.

OWNERSHIP

The Site and Services, and all rights, title, and interest therein, are and shall remain the property of CommercialExperts.com or its partners or licensors. This includes without limitation all Content and all software, text, displays, images, titles, dialogue, animations, art, concepts, content, audio sounds and effects, musical compositions, visual effects, methods of operation, documentation, and moral rights, as well as all names, representations and likenesses, trademarks, trade dress, logos and designs, or product and service marks of CommercialExperts.com or its partners or licensors (collectively, "Protected Material").  Except for the limited license granted below, neither these Terms nor your use of the Site or Services convey or grant to you any rights in or related to the Site or Services, or any right to use or reference Protected Material.  Protected Material displayed on the Site and in the Services is the property of CommercialExperts.com or its partners or licensors.  You may not remove, copy, or alter any Protected Material.  Except as otherwise required by applicable law, any use, reproduction, distribution, modification, retransmission or publication of any Protected Material is strictly prohibited without the express written consent of the owner of the Protected Material.  All rights not expressly granted herein are reserved by CommercialExperts.com.  

LICENSE

Subject to your agreement to these Terms and your continued compliance with these Terms, CommercialExperts.com grants you a limited, non-transferable, non-exclusive license to access and use the Site and Services. You may not copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Site, Services, or any component of them (including the Content), except as expressly authorized by us. You are responsible for making all arrangements necessary for you to have access to the Site and Services and ensuring that all persons who access the Site and Services through your internet connection are aware of these Terms and comply with them.

YOUR INDEMNIFICATION REQUIREMENTS

You agree to defend, indemnify and hold CommercialExperts.com and our Affiliated Entities harmless from any and against all claims, liabilities, losses, damages, costs, and expenses, including, but not limited to, legal fees, arising out of, or related to: (i) any actual or alleged breach or violation of these Terms by you; (ii) your failure to provide accurate, complete, and current information in response to any request form on our Site or as part of the Services; (iii) your access to or use of the Site, Services, or Content; (iv) any access to or use of our Site or Services under any password that may be issued to you; (v) your Submissions; (vi) your relationship with any of the Service Providers to which you were referred by us, including any services you receive from, or interactions you have with, such Service Providers; and (vii) any personal injury or property damage caused by you.

  1. GENERAL / MISCELLANEOUS TERMS
  2. Governing Law, Jurisdiction, Venue. Except as set forth in the Arbitration Agreement (as defined in Section 17 below), these Terms shall be governed by the laws of the State of Florida, U.S.A., without regard to any conflict or choice of law provisions, and you and we hereby consent to the exclusive jurisdiction and venue of courts in Broward County, Florida, U.S.A. in all disputes arising out of or relating to these Terms or the use of the Site, Services, or Content. 
  3. Relationship of the Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CommercialExperts.com as a result of these Terms or use of the Site or Services.
  4. Applicability of Laws. The performance of the Services by CommercialExperts.com may be subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or Services, or any information provided to or gathered by CommercialExperts.com with respect to such use. Use of the Site and Services is not authorized or permitted in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
  5. Severability. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
  6. Assignment.  We may assign our rights and obligations under these Terms, in whole or in part, to any person or entity at any time with or without your approval.  You may not assign any of the rights or obligations you have under these Terms without our prior written approval.  Any such assignment without our prior written approval is ineffective and in violation of these Terms.
  7. Entire Agreement. Unless otherwise specified herein, these Terms constitute the entire agreement between you and CommercialExperts.com with respect to the Site and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and CommercialExperts.com with respect to the Site and the Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in any arbitration or judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be drawn up in English despite having these terms in translated to other languages.
  8. No Waiver.  Our failure to enforce any right or provision in these Terms shall not constitute a waiver or relinquishment of such right or provision unless acknowledged and agreed to by us in writing.
  9. Survival. All provisions of these Terms that are, by their nature, intended to survive termination shall survive such termination, and you will continue to be liable for all your activities during the time you used the Site and Services.
  10. LEGAL DISPUTES

Dispute Resolution by Final and Binding Arbitration & Class Action Waiver- IMPORTANT NOTICE WAIVING YOUR RIGHT TO BRING A CLAIM BEFORE A JUDGE OR JURY IN COURT OR PARTICIPATE IN A CLASS ACTION. The following paragraphs A through F shall be referred to herein as the "Arbitration Agreement."

  1. Except as otherwise provided herein, any Dispute (as defined in Subsection B below) that arises shall be resolved by binding arbitration, as set forth in this Arbitration Agreement, in Broward County, Florida or at such other location upon which the parties may agree. You and CommercialExperts.com empower the Arbitrator (as defined below) with the exclusive authority to resolve any such Dispute. Except to the extent modified herein, any such arbitration shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §1 et sec., which shall pre-empt all state laws to the fullest extent permitted by law. YOU AND COMMERCIALEXPERTS.COM EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING. 

Notwithstanding the foregoing, you and we agree that the following claims are not subject to arbitration: (i) claims that may be brought in an individual capacity in small claims court, and (ii) claims that relate to the ownership or enforcement of intellectual property rights. In addition, you and CommercialExperts.com.com each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You may opt out of arbitration entirely and litigate any Dispute individually if you provide us with a signed, written notice of your decision to do so pursuant to Subsection E below; however, if you are opting out of the arbitration terms set out in an updated version of this Arbitration Agreement, you understand that you will remain subject to the prior version to which you had previously agreed. In any such case, your waiver of the right to a jury trial or participate in a class, representative, or consolidated action or proceeding as set forth in this Arbitration Agreement shall continue to apply. 

  1. "Dispute" includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and CommercialExperts.com.com concerning the Site, Services, Content, or these Terms, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis, and including those relating to the interpretation, applicability, or enforceability of these Terms or the formation of this contract, including the arbitrability of any Dispute and any claim that all or any part of the Terms are void or voidable.  
  2. This Arbitration Agreement shall survive termination of these Terms. The parties agree to the following:
  3. The arbitration shall be administered by the American Arbitration Association ("AAA") (www.adr.org), the Judicial Arbitration and Mediation Services ("JAMS"), or another nationally known consumer arbitration service agreed by the parties in the event AAA and JAMS no longer conduct consumer arbitrations. The party who intends to seek arbitration must first send to the other party a written Notice of Dispute. Your Notice to CommercialExperts.com must contain all of the following information: (i) your full name, address, and email address; (ii) a detailed description of the nature and basis of the Dispute; (iii) a description of the relief you want, including any money damages you request; and (iv) your signature verifying the accuracy of the Notice and, if you are represented by counsel, authorizing CommercialExperts.com to disclose information about you to your attorney. Any Notice shall be deemed to have been given to and received by the other party for all purposes when delivered by hand, a day after receipt through a nationally recognized overnight courier, or a day after being received through certified or registered mail, postage and charges prepaid, return receipt requested.  For purposes of the preceding sentence, any Notice of Dispute to be provided to CommercialExperts.com must be addressed and delivered to: TFLI US INC, Attn: Legal Department, 1200 Brickell Avenue, Suite 1950 #1016, Miami, Florida 33131.

After receipt of a Notice, you and CommercialExperts.com shall engage in a good-faith effort to resolve the Dispute for a period of 60 days, which both sides may extend by written agreement ("Informal Dispute Resolution Period"). During the Informal Dispute Resolution Period, neither you nor CommercialExperts.com may initiate an arbitration or other legal proceeding.

  1. Commencement and Rules of Arbitration. If we do not resolve the Dispute within Informal Dispute Resolution Period, the party sending the Notice of Dispute may commence an arbitration proceeding with the AAA, JAMS, or another national arbitration provider (if agreed by the parties as set forth in section 1 above) by filing a Demand of Arbitration. If you choose to file with the AAA, the AAA shall provide the parties a list of 5 arbitrators that meet the requirements of section 3 below, from which the parties may agree on an arbitrator. If the parties cannot mutually agree on an arbitrator, the parties shall rank the arbitrators and the AAA shall appoint a single arbitrator who shall administer the arbitration proceeding pursuant to its Consumer Arbitration Rules ("AAA Rules"), except to the extent modified hereby. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. If you choose to file with JAMS, JAMS shall provide the parties a list of 5 arbitrators that meet the requirements of section 3 below, from which the parties may agree on an arbitrator. If the parties cannot mutually agree on an arbitrator, the parties shall rank the arbitrators and the JAMS shall appoint a single arbitrator who shall administer the arbitration proceeding pursuant to its Comprehensive Arbitration Rules & Procedures ("JAMS Rules"), except to the extent modified hereby. In the event another arbitration service is provided, the parties agree to follow the rules and principles of that arbitration service, except to the extent modified hereby.
  2. The Arbitrator. The selected arbitrator (the "Arbitrator") shall be either a retired judge or an experienced attorney, shall be neutral and independent, and shall comply with the selected arbitration service's code of ethics. The Arbitrator shall conduct the arbitration in a civil manner and ensure civility of the parties while making their arguments. 
  3. The Arbitration Award. The Arbitrator shall issue a written reasoned award in which the arbitrator shall address the claims, defenses, evidence presented, and legal reasoning in making his decision. If the Arbitrator determines that reasonable attorneys' fees and costs may be awarded under applicable law, the parties agree that the arbitrator will also determine the amount of reasonable attorneys' fees to be awarded. Any award rendered by the arbitrator shall be final and binding and shall not be vacated or modified, except as expressly permitted by the Federal Arbitration Act. Judgment on the arbitration award may be entered in the jurisdiction in which the arbitration was commenced or in any court having jurisdiction over the party against whom judgment is to be entered.
  4. Limitation on Injunctive Relief. The Arbitrator may award injunctive relief only in favor of an individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
  5. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the selected arbitration service rules. Each party shall bear its own attorneys' fees, if any, unless otherwise expressly provided for by applicable law or in accordance with section 4 above. In the event that a party fails to proceed with arbitration, unsuccessfully challenges the Arbitrator's award, or fails to comply with the Arbitrator's award, the other party shall be entitled to costs of suit, including reasonable attorneys' fees for having to compel arbitration or defend or enforce the award.
  6. Class Action Waiver. YOU AND COMMERCIALEXPERTS.COM AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS (WHETHER IN COURT OR IN ARBITRATION) AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, REQUEST FOR PUBLIC INJUNCTIVE RELIEF, OR REPRESENTATIVE PROCEEDING. This also means that you and CommercialExperts.com may not participate in any class, collective, consolidated, coordinated, private attorney general, request for public injunctive relief, or representative proceeding brought by any third party.  Notwithstanding this provision or any other language in these Terms, you or CommericialExperts.com may participate in a class-wide settlement. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND COMMERCIALEXPERTS.COM WAIVE ANY RIGHT TO A JURY TRIAL.

 

  1. Arbitration Opt-Out.  You can opt out of arbitration and it will not affect any other terms and conditions of these Terms or your relationship with us.  To opt out, you must send CommercialExperts.com written notice, personally signed by you, by certified mail to the attention of our Legal Department at the address set out in Section 18 below (the "Opt-Out Notice").  The Opt-Out Notice must include the following information: (1) your full name; (2) the URL of these Terms; (3) your mailing address and email address; (4) your phone number; (5) and a clear statement that you wish to opt out of arbitration. THE OPT-OUT NOTICE MUST BE RECEIVED BY COMMERCIALXPERTS.US NO LATER THAN THIRTY (30) DAYS AFTER THE LATER OF (i) THE DATE YOU FIRST ACCEPT THE TERMS AS SET FORTH IN SECTION 1 ABOVE; OR (ii) THE EFFECTIVE DATE OF THIS ARBITRATION AGREEMENT IF THE ARBITRATION AGREEMENT WAS ADDED TO THE TERMS OR CHANGED AFTER YOU FIRST ACCEPTED THE TERMS. Even if you reject a change to the terms of the arbitration as set forth in this Arbitration Agreement, you will remain subject to the last version of the Arbitration Agreement you had accepted. Your waiver of the right to a jury trial or participate in a class, representative, or consolidated action or proceeding as set forth in this Arbitration Agreement shall continue to apply despite opting out of arbitration.
  2. The Arbitration Agreement is considered by the parties to be an integral and non-voidable requirement and part of these Terms, and the parties agree that prior to agreeing to these Terms, including agreeing to this Arbitration Agreement, they: (i) have had the opportunity to review such carefully, including with their own legal counsel if needed, (ii) understand the limitations on legal rights contained in this Arbitration Agreement including, but not limited to, the waiver of jury trial, the waiver of court proceeding, and (iii) consent and agree that this Arbitration Agreement is fair, reasonable, represents the intentions of each party at the time of entering into these Terms, and should not be set aside later for any reason by any court. This Arbitration Agreement shall survive termination of the Terms.

 

CONTACT US:

Postal Address: TFLI US, INC. trading as CommercialExperts.com

1200 Brickell Avenue, Suite 1950#1016, 

Miami, Florida 33131.

Email Address: compliance@tfli.us