LIABILITY AND DISPUTES.
Disclaimers. Except as expressly provided in the policies (as defined above): (i) our site and services are provided “as is”; and (ii) we make no guarantees or warranties that they will always be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the fullest extent permitted by law, rule, or regulation, the website also disclaims all implied and statutory warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so one or more of the above exclusions and limitations may not apply to you. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of our site and/or our services, or of any other service, content, feature or product offered through our site and/or our services.
Limitations of liability. To the fullest extent permitted by law, rule, or regulation, regardless of the theory of liability or type of claim (whether contract, tort, or otherwise): (i) in no event will the website be liable for personal injury, for lost profits, revenues, opportunity, information, content, or data, for interruption of service, or for any incidental, special, exemplary, punitive, indirect, or consequential damages whatsoever under, arising out of, or relating to these terms or our site or services (including your use of or inability to use our site or services), however caused, even if the website has been advised of the possibility of such damages; and (ii) except as expressly provided in the policies (as defined in section 1(c). The foregoing limitations will apply even if the above stated remedy fails in its essential purpose. Some jurisdictions do not allow limitations or exclusions of liability for certain damages (including personal injury or for incidental or consequential damages), so one or more of the above limitations and exclusions may not apply to you.
Dispute Resolution; Arbitration.
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If you have a claim, cause of action, or dispute, you must contact us first, so that you and we can try to resolve the matter. You agree to give us some time to try to resolve the dispute before requesting arbitration.
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In case of any disputes between us that cannot be resolved through informal discussions, you and we hereby agree that, subject to the provisions of this section, any and all claims (including tort claims), causes of action, and/or disputes under, arising out of, or relating to these Terms (each, a “Claim”) shall be settled by final and binding arbitration in accordance with the relevant rules of the Arbitration Association (as modified by, and subject to, these Terms) such rules, as so modified); provided, however, that: Claims arising out of or relating to your violations of intellectual property rights, including copyright infringement, patent infringement, trademark infringement, or efforts to interfere with our Site or Services in unauthorized ways (each, an “IP Claim”) shall not be subject to such obligation for settlement by final and binding arbitration. The arbitrator’s decision and award shall be non-appealable and may be entered in, and shall be enforceable in, any court of competent jurisdiction.
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Provided that you and we may participate in the arbitration by phone, by video, or via document submission to the fullest extent allowable by the arbitrator. Arbitration of any Claim(s) shall be subject to the Rules, and shall be administered. To the fullest extent permitted by applicable laws, rules, and regulations: (A) any evidentiary submission(s) made in arbitration shall be maintained as confidential in the absence of good cause for its disclosure; and (B) you and we agree not to disclose the contents of the arbitrator’s decision(s) to any third party (except as required by law, rule, or regulation, or for the purposes of enforcement or appeal of the arbitration award).
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Each party will bear its own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees).
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If there is a final judicial determination that any particular Claim cannot be arbitrated in accordance with the provisions of this Section, then only that particular Claim (each, a “Non-Arbitrable Claim”) and any IP Claim(s) may be brought in court; all Claims other than Non-Arbitrable Claims and IP Claims not sought to be arbitrated remain subject to the provisions of Section above. Nothing in this Agreement shall limit the ability of either you or us to seek equitable relief in any court of competent jurisdiction.
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The arbitrator may not award relief in excess of or contrary to what these Terms provide, order consolidation or arbitration on a class-wide or representative basis, or damages in excess of or contrary to what these Terms provide, or order injunctive or declaratory relief, except that the arbitrator may award on individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this Section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect. This arbitration clause will continue to be valid even if these terms are no longer valid for any reason.
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You must contact us within one year of the date of the event or facts giving rise to a Claim, or you will have waived the right to pursue a Claim based on such event or facts. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions of this Agreement. All issues are for an arbitrator to decide, except that only a court may decide issues relating to the scope or enforceable of the arbitration provisions of these Terms or the interpretation of the prohibition of class and representative actions. If any of these dispute resolution provisions is found unenforceable, that provision shall be severed, and the balance of the dispute resolution provisions shall remain in full force and effect.
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Class Action Waiver. You acknowledge and agree that: (i) you are waiving your right to a trial by jury and your right to participate in a class or representative action; and (ii) you may bring a claim(s) against the website only in your individual capacity, and not as a plaintiff or class member in any purported class, representative, or private attorney general proceeding. For purpose of clarification, you cannot make “class action” Claims. The arbitrator cannot group your Claim(s) with any other claims, causes of action, or disputes.
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Indemnification. You hereby agree to defend, indemnify and hold harmless the website, its affiliates, and its and their respective officers, directors, employees, and agents from and against all third-party claims and liabilities (including attorneys’ fees and costs) arising out of or relating to your violation or alleged violation of these Terms.