These terms of use are entered into by and between You and Calendyze, LLC. (“Com­pa­ny”,“we”,“us” or “Calendyze”). The fol­low­ing terms and con­di­tions (these “Terms of Use”), gov­ern your access to and use of www.calendyze.com includ­ing any con­tent, func­tion­al­i­ty, and ser­vices offered on or through www.calendyze.com (the“Web­site”), as a reg­is­tered user.
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Please read the Terms of Use care­ful­ly before you start to use the Web­site. By using the Web­site, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use you must not access or use the Website.
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This Web­site is offered and avail­able to users who are 18 years of age or old­er. By using this Web­site, you rep­re­sent and war­rant that you meet all of the fore­go­ing eli­gi­bil­i­ty require­ments. If you do not meet all of these require­ments, you must not access or use the Website.
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PLEASE BE AWARE THAT THESE TERMS OF USE CON­TAIN PRO­VI­SIONS GOV­ERN­ING HOW TO RESOLVE DIS­PUTES BETWEEN YOU AND COM­PA­NY. AMONG OTH­ER THINGS, INCLUDES AN AGREE­MENT TO ARBI­TRATE WHICH REQUIRES, WITH LIM­IT­ED EXCEP­TIONS, THAT ALL DIS­PUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BIND­ING AND FINAL ARBI­TRA­TION. THE SEC­TION TITLED “DIS­PUTE RES­O­LU­TION” ALSO CON­TAINS A CLASS ACTION AND JURY TRI­AL WAIV­ER. PLEASE READ THE “DIS­PUTE RES­O­LU­TION” SEC­TION CAREFULLY.
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UNLESS YOU OPT OUT OF THE AGREE­MENT TO ARBI­TRATE (AS DEFINED IN THE “DIS­PUTE RES­O­LU­TION” SEC­TION) WITH­IN 30 DAYS: (1) YOU WILL ONLY BE PER­MIT­TED TO PUR­SUE DIS­PUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDI­VID­UAL BASIS, NOT AS A PLAIN­TIFF OR CLASS MEM­BER IN ANY CLASS OR REP­RE­SEN­TA­TIVE ACTION OR PRO­CEED­ING AND YOU WAIVE YOUR RIGHT TO PAR­TIC­I­PATE IN A CLASS ACTION LAW­SUIT OR CLASS-WIDE ARBI­TRA­TION; AND (2) YOU ARE WAIV­ING YOUR RIGHT TO PUR­SUE DIS­PUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
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Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole dis­cre­tion. All changes are effec­tive imme­di­ate­ly when we post them. We will make com­mer­cial­ly rea­son­able efforts to noti­fy you of any mate­r­i­al changes to these Terms of Use.
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Your con­tin­ued use of the Web­site fol­low­ing the post­ing of revised Terms of Use means that you accept and agree to the changes. You are expect­ed to check this page from time to time so you are aware of any changes, as they are bind­ing on you and may change with­out pri­or notice.
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Charges
You under­stand that use of the Web­site may result in charges to your account (“Charges”). Charges may include oth­er applic­a­ble fees, and such fees will be spec­i­fied on the Web­site. You agree to pay all Charges to your account in accor­dance with these Terms of Use. You express­ly autho­rize Calendyze’s ser­vice provider, to orig­i­nate trans­fers from your finan­cial insti­tu­tion account ini­ti­at­ed by you. All Charges made in con­nec­tion with the use of the Web­site must be facil­i­tat­ed by Calendyze’s choice of pay­ment ser­vice provider. Calendyze may replace its third-par­ty pay­ment ser­vice provider with­out notice to you. You agree that in the event you pro­vide Calendyze with your cred­it card num­ber and asso­ci­at­ed pay­ment infor­ma­tion, that Calendyze is autho­rized to imme­di­ate­ly invoice your account for all Charges due and payable to Calendyze here­un­der and that no addi­tion­al con­sent is required.
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In the event your account on the Web­site has been/was pro­cured on your behalf by your employ­er or oth­er prin­ci­pal and your employ­ment or oth­er engage­ment with such employ­er or prin­ci­pal is ter­mi­nat­ed for any rea­son, you will be respon­si­ble for pay­ing any Charges asso­ci­at­ed with your account, includ­ing any applic­a­ble sub­scrip­tion or access fees.
Access­ing the Web­site and Account Security
To access the Web­site or some of the resources it offers, you may be asked to pro­vide cer­tain reg­is­tra­tion details or oth­er infor­ma­tion. It is a con­di­tion of your use of the Web­site that all the infor­ma­tion you pro­vide on the Web­site is cor­rect, cur­rent, and com­plete. You agree that all infor­ma­tion you pro­vide to reg­is­ter with this Web­site or oth­er­wise, includ­ing but not lim­it­ed to through the use of any inter­ac­tive fea­tures on the Web­site, is gov­erned by our Pri­va­cy Pol­i­cy [https://www.calendyze.com/privacy], and you con­sent to all actions we take with respect to your infor­ma­tion con­sis­tent with our Pri­va­cy Policy.
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If you choose, or are pro­vid­ed with, a user name, pass­word, or any oth­er piece of infor­ma­tion as part of our secu­ri­ty pro­ce­dures, you must treat such infor­ma­tion as con­fi­den­tial, and you must not dis­close it to any oth­er per­son or enti­ty. You also acknowl­edge that your account is per­son­al to you and agree not to pro­vide any oth­er per­son with access to this Web­site or por­tions of it using your user name, pass­word, or oth­er secu­ri­ty infor­ma­tion. You agree to noti­fy us imme­di­ate­ly of any unau­tho­rized access to or use of your user­name or pass­word or any oth­er breach of secu­ri­ty. You also agree to ensure that you exit from your account at the end of each ses­sion. You should use par­tic­u­lar cau­tion when access­ing your account from a pub­lic or shared com­put­er so that oth­ers are not able to view or record your pass­word or oth­er per­son­al information.
We have the right to dis­able any user name, pass­word, or oth­er iden­ti­fi­er, whether cho­sen by you or pro­vid­ed by us, at any time if, in our opin­ion, you have vio­lat­ed any pro­vi­sion of these Terms of Use.
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Intel­lec­tu­al Prop­er­ty Rights

The Web­site and its entire con­tents, fea­tures, and func­tion­al­i­ty (includ­ing but not lim­it­ed to all infor­ma­tion, soft­ware, text, dis­plays, images, video, and audio, and the design, selec­tion, and arrange­ment there­of) are owned by the Com­pa­ny, its licen­sors, or oth­er providers of such mate­r­i­al and are pro­tect­ed by Unit­ed States and inter­na­tion­al copy­right, trade­mark, patent, trade secret, and oth­er intel­lec­tu­al prop­er­ty or pro­pri­etary rights laws. You acknowl­edge and agree that any ques­tions, com­ments, sug­ges­tions, ideas, feed­back or oth­er infor­ma­tion sub­mit­ted by you to us relat­ed to our Web­site (“Feed­back”) are non-con­fi­den­tial and shall become the sole prop­er­ty of, and you here­by irrev­o­ca­bly and uncon­di­tion­al­ly assign such Feed­back, to Calendyze. With­out lim­it­ing the fore­go­ing, Calendyze shall own exclu­sive rights, includ­ing all intel­lec­tu­al prop­er­ty rights, and shall be enti­tled to the unre­strict­ed use and dis­sem­i­na­tion of Feed­back for any pur­pose, com­mer­cial or oth­er­wise, with­out acknowl­edge­ment or com­pen­sa­tion to you.
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These Terms of Use per­mit you to use the Web­site for your per­son­al, non-com­mer­­cial use only. You must not repro­duce, dis­trib­ute, mod­i­fy, cre­ate deriv­a­tive works of, pub­licly dis­play, pub­licly per­form, repub­lish, down­load, store, or trans­mit any of the mate­r­i­al on our Web­site, except as follows:
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· Your com­put­er may tem­porar­i­ly store copies of such mate­ri­als in RAM inci­den­tal to your access­ing and view­ing those materials.
· You may store files that are auto­mat­i­cal­ly cached by your Web brows­er for dis­play enhance­ment purposes.
· You may print or down­load copies of a rea­son­able num­ber of pages of the Web­site for your own per­son­al, non-com­mer­­cial use and not for fur­ther repro­duc­tion, pub­li­ca­tion, or distribution.
· If we pro­vide desk­top, mobile, or oth­er appli­ca­tions for down­load, you may down­load a sin­gle copy to your com­put­er or mobile device sole­ly for your own per­son­al, non-com­mer­­cial use, pro­vid­ed you agree to be bound by our end user license agree­ment for such applications.
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You must not:
· Mod­i­fy copies of any mate­ri­als from this site.
· Delete or alter any copy­right, trade­mark, or oth­er pro­pri­etary rights notices from copies of mate­ri­als from this site.
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You must not access or use for any com­mer­cial pur­pos­es any part of the Web­site or any ser­vices or mate­ri­als avail­able through the Website.
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Trade­marks
The Com­pa­ny name, Com­pa­ny logo, and all relat­ed names, logos, prod­uct and ser­vice names, designs, and slo­gans are trade­marks of the Com­pa­ny or its affil­i­ates or licen­sors. You must not use such marks with­out the pri­or writ­ten per­mis­sion of the Com­pa­ny. All oth­er names, logos, prod­uct and ser­vice names, designs, and slo­gans on this Web­site are the trade­marks of their respec­tive owners.
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Pro­hib­it­ed Uses
You may use the Web­site only for law­ful pur­pos­es and in accor­dance with these Terms of Use. You agree not to use the Website:
· In any way that vio­lates any applic­a­ble fed­er­al, state, local, or inter­na­tion­al law or reg­u­la­tion (includ­ing, with­out lim­i­ta­tion, any laws regard­ing the export of data or soft­ware to and from the US or oth­er countries).
· To imper­son­ate or attempt to imper­son­ate the Com­pa­ny, a Com­pa­ny employ­ee, anoth­er user, or any oth­er per­son or enti­ty (includ­ing, with­out lim­i­ta­tion, by using email address­es asso­ci­at­ed with any of the foregoing).
· To engage in any oth­er con­duct that restricts or inhibits any­one’s use or enjoy­ment of the Web­site, or which, as deter­mined by us, may harm the Com­pa­ny or users of the Web­site or expose them to liability.
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Addi­tion­al­ly, you agree not to:
· Use the Web­site in any man­ner that could dis­able, over­bur­den, dam­age, or impair the site or inter­fere with any oth­er par­ty’s use of the Web­site, includ­ing their abil­i­ty to engage in real time activ­i­ties through the Website.
· Use any robot, spi­der, or oth­er auto­mat­ic device, process, or means to access the Web­site for any pur­pose, includ­ing mon­i­tor­ing or copy­ing any of the mate­r­i­al on the Website.
· Use any man­u­al process to mon­i­tor or copy any of the mate­r­i­al on the Web­site or for any oth­er unau­tho­rized pur­pose with­out our pri­or writ­ten consent.
· Repro­duce, mod­i­fy, dis­trib­ute, dis­play or oth­er­wise pro­vide access to, cre­ate deriv­a­tive works from, decom­pile, dis­as­sem­ble, or reverse engi­neer any por­tion of the Website.
· Use any device, soft­ware, or rou­tine that inter­feres with the prop­er work­ing of the Website.
· Intro­duce any virus­es, Tro­jan hors­es, worms, log­ic bombs, or oth­er mate­r­i­al that is mali­cious or tech­no­log­i­cal­ly harmful.
· Attempt to gain unau­tho­rized access to, inter­fere with, dam­age, or dis­rupt any parts of the Web­site, the serv­er on which the Web­site is stored, or any serv­er, com­put­er, or data­base con­nect­ed to the Website.
· Attack the Web­site via a denial-of-ser­vice attack or a dis­trib­uted denial-of-ser­vice attack.
· Oth­er­wise attempt to inter­fere with the prop­er work­ing of the Website.
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Mon­i­tor­ing and Enforce­ment; Termination
We have the right to:
· Take appro­pri­ate legal action, includ­ing with­out lim­i­ta­tion, refer­ral to law enforce­ment, for any ille­gal or unau­tho­rized use of the Website.
· Ter­mi­nate or sus­pend your access to all or part of the Web­site for any vio­la­tion of these Terms of Use.
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With­out lim­it­ing the fore­go­ing, we have the right to coop­er­ate ful­ly with any law enforce­ment author­i­ties or court order request­ing or direct­ing us to dis­close the iden­ti­ty or oth­er infor­ma­tion of any­one post­ing any mate­ri­als on or through the Web­site. YOU WAIVE AND HOLD HARM­LESS THE COM­PA­NY AND ITS AFFIL­IATES, LICENSEES, AND SER­VICE PROVIDERS FROM ANY CLAIMS RESULT­ING FROM ANY ACTION TAK­EN BY THE COMPANY/ANY OF THE FORE­GO­ING PAR­TIES DUR­ING, OR TAK­EN AS A CON­SE­QUENCE OF, INVES­TI­GA­TIONS BY EITHER THE COMPANY/SUCH PAR­TIES OR LAW ENFORCE­MENT AUTHORITIES.
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Con­sent to Receive Updates and Mar­ket­ing Communications
From time to time the Com­pa­ny may, at its sole dis­cre­tion, send you updates on ser­vices to which you have sub­scribed, the sta­tus of your user account, and mar­ket­ing com­mu­ni­ca­tion. You here­by con­sent to receive com­mu­ni­ca­tions from us, includ­ing via e‑mail, text mes­sage, calls, and push noti­fi­ca­tions. You agree that texts, calls, or pre-record­ed mes­sages may be gen­er­at­ed by auto­mat­ic tele­phone dial­ing sys­tems. Stan­dard text mes­sag­ing charges applied by your cell phone car­ri­er will apply to text mes­sages we send.
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Pro­mo­tion Programs
Calendyze, at its sole dis­cre­tion, may make avail­able pro­mo­tions with dif­fer­ent fea­tures or oth­er offer­ings to any users or prospec­tive users of the Web­site. We may, in our sole dis­cre­tion, cre­ate dis­counts and pro­mo­tion­al codes or oth­er fea­tures or ben­e­fits, sub­ject to any addi­tion­al terms that we estab­lish on a per pro­mo­tion­al code basis (“Pro­mo Codes”). Unless oth­er­wise express­ly stat­ed on the applic­a­ble Pro­mo Code, Pro­mo Codes may only be used once per per­son. Only Pro­mo Codes sent to you through offi­cial Com­pa­ny com­mu­ni­ca­tion chan­nels are valid. You agree that Pro­mo Codes: (i) must be used for the intend­ed audi­ence and pur­pose, and in a law­ful man­ner; (ii) may not be dupli­cat­ed, sold, or trans­ferred in any man­ner, or made avail­able to the gen­er­al pub­lic (whether post­ed to a pub­lic forum or oth­er­wise), unless express­ly per­mit­ted by us; (iii) may be dis­abled by us at any time for any rea­son with­out lia­bil­i­ty to us; (iv) may only be used pur­suant to the spe­cif­ic terms that we estab­lish for such Pro­mo Code; (v) are not redeemable for cash; (vi) may expire pri­or to your use; (vii) are lim­it­ed to one (1) use per cus­tomer; (viii) are only avail­able while applic­a­ble sup­plies last; (ix) can­not be used in con­junc­tion with any oth­er offer or gift cards; and (x) only redeemable on the Web­site. Spe­cial terms may apply to some pro­mo­tions that may be offered on the Com­pa­ny Prop­er­ties. Such spe­cial terms (e.g. offi­cial con­test rules) may be post­ed in con­nec­tion with the applic­a­ble pro­mo­tion. Any such spe­cial terms are in addi­tion to these Terms of Use and, in the event of a con­flict, any such terms shall pre­vail over these Terms of Use. Calendyze reserves the right to with­hold or deduct cred­its or ben­e­fits obtained through a pro­mo­tion in the event that Calendyze deter­mines or believes that the redemp­tion of the pro­mo­tion or receipt of the cred­it or ben­e­fit was in error, fraud­u­lent, ille­gal, or in vio­la­tion of the applic­a­ble pro­mo­tion terms or these Terms of Use. We reserve the right, with or with­out pri­or notice, to lim­it the avail­able quan­ti­ty of or dis­con­tin­ue any prod­uct or ser­vice; to hon­or, or impose con­di­tions on the hon­or­ing of, any coupon, Pro­mo Code or oth­er sim­i­lar pro­mo­tions; to bar any user from mak­ing any or all purchase(s); and/or to refuse to pro­vide any user with any prod­uct or service.
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Gen­er­al Data Pro­tec­tion Regulation
At Calendyze, we believe in giv­ing peo­ple choice and con­trol, and that includes their data. Giv­en that, we’re com­mit­ted to help­ing Calendyze users under­stand, and where rel­e­vant, com­ply with the Gen­er­al Data Pro­tec­tion Reg­u­la­tion (GDPR).
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Reliance on Infor­ma­tion Posted
The infor­ma­tion pre­sent­ed on or through the Web­site is made avail­able sole­ly for gen­er­al infor­ma­tion pur­pos­es. We do not war­rant the accu­ra­cy, com­plete­ness, or use­ful­ness of this infor­ma­tion. Any reliance you place on such infor­ma­tion is strict­ly at your own risk. We dis­claim all lia­bil­i­ty and respon­si­bil­i­ty aris­ing from any reliance placed on such mate­ri­als by you or any oth­er vis­i­tor to the Web­site, or by any­one who may be informed of any of its contents.
This Web­site includes con­tent pro­vid­ed by third par­ties, includ­ing mate­ri­als pro­vid­ed by oth­er users, blog­gers, and third-par­­ty licen­sors, syn­di­ca­tors, aggre­ga­tors, and/or report­ing ser­vices. All state­ments and/or opin­ions expressed in these mate­ri­als, and all arti­cles and respons­es to ques­tions and oth­er con­tent, oth­er than the con­tent pro­vid­ed by the Com­pa­ny, are sole­ly the opin­ions and the respon­si­bil­i­ty of the per­son or enti­ty pro­vid­ing those mate­ri­als. These mate­ri­als do not nec­es­sar­i­ly reflect the opin­ion of the Com­pa­ny. We are not respon­si­ble, or liable to you or any third par­ty, for the con­tent or accu­ra­cy of any mate­ri­als pro­vid­ed by any third parties.
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Changes to the Website
We may update the con­tent on this Web­site from time to time, but its con­tent is not nec­es­sar­i­ly com­plete or up-to-date. Any of the mate­r­i­al on the Web­site may be out of date at any giv­en time, and we are under no oblig­a­tion to update such material.
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Infor­ma­tion About You and Your Vis­its to the Website
‍All infor­ma­tion we col­lect on this Web­site is sub­ject to our Pri­va­cy Pol­i­cy [https://www.calendyze.com/privacy]. By using the Web­site, you con­sent to all actions tak­en by us with respect to your infor­ma­tion in com­pli­ance with the Pri­va­cy Policy.
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Link­ing to the Web­site and Social Media Features
You may link to our home­page, pro­vid­ed you do so in a way that is fair and legal and does not dam­age our rep­u­ta­tion or take advan­tage of it, but you must not estab­lish a link in such a way as to sug­gest any form of asso­ci­a­tion, approval, or endorse­ment on our part with­out our express writ­ten consent.
You agree to coop­er­ate with us in caus­ing any unau­tho­rized fram­ing or link­ing imme­di­ate­ly to stop. We reserve the right to with­draw link­ing per­mis­sion with­out notice.
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Links from the Website
If the Web­site con­tains links to oth­er sites and resources pro­vid­ed by third par­ties, these links are pro­vid­ed for your con­ve­nience only. This includes links con­tained in adver­tise­ments, includ­ing ban­ner adver­tise­ments and spon­sored links. We have no con­trol over the con­tents of those sites or resources, and accept no respon­si­bil­i­ty for them or for any loss or dam­age that may arise from your use of them. If you decide to access any of the third-par­­ty web­sites linked to this Web­site, you do so entire­ly at your own risk and sub­ject to the terms and con­di­tions of use for such websites.
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Geo­graph­ic Restrictions
The own­er of the Web­site is based in the Com­mon­wealth of Vir­ginia in the Unit­ed States. While we endeav­or to make this Web­site acces­si­ble to any of our cus­tomers’ employ­ees, regard­less of their loca­tion, we make no claims that the Web­site or any of its con­tent is acces­si­ble or appro­pri­ate out­side of the Unit­ed States. Access to the Web­site may not be legal by cer­tain per­sons or in cer­tain coun­tries. If you access the Web­site from out­side the Unit­ed States, you do so on your own ini­tia­tive and are respon­si­ble for com­pli­ance with local laws.
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Dis­claimer of Warranties
You under­stand that we can­not and do not guar­an­tee or war­rant that files avail­able for down­load­ing from the inter­net or the Web­site 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. TO THE FULLEST EXTENT PRO­VID­ED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAM­AGE CAUSED BY A DIS­TRIB­UTED DENIAL-OF-SER­VICE ATTACK, VIRUS­ES, OR OTH­ER TECH­NO­LOG­I­CAL­LY HARM­FUL MATE­R­I­AL THAT MAY INFECT YOUR COM­PUT­ER EQUIP­MENT, COM­PUT­ER PRO­GRAMS, DATA, OR OTH­ER PRO­PRI­ETARY MATE­R­I­AL DUE TO YOUR USE OF THE WEB­SITE OR ANY SER­VICES OR ITEMS OBTAINED THROUGH THE WEB­SITE OR TO YOUR DOWN­LOAD­ING OF ANY MATE­R­I­AL POST­ED ON IT, OR ON ANY WEB­SITE LINKED TO IT.
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YOUR USE OF THE WEB­SITE, ITS CON­TENT, AND ANY SER­VICES OR ITEMS OBTAINED THROUGH THE WEB­SITE IS AT YOUR OWN RISK. THE WEB­SITE, ITS CON­TENT, AND ANY SER­VICES OR ITEMS OBTAINED THROUGH THE WEB­SITE ARE PRO­VID­ED ON AN“AS IS” AND“AS AVAIL­ABLE” BASIS, WITH­OUT ANY WAR­RANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEI­THER THE COM­PA­NY NOR ANY PER­SON ASSO­CI­AT­ED WITH THE COM­PA­NY MAKES ANY WAR­RAN­TY OR REP­RE­SEN­TA­TION WITH RESPECT TO THE COM­PLETE­NESS, SECU­RI­TY, RELI­A­BIL­I­TY, QUAL­I­TY, ACCU­RA­CY, OR AVAIL­ABIL­I­TY OF THE WEB­SITE, ITS CON­TENT, OR ANY SER­VICES OR ITEMS OBTAINED THROUGH THE WEB­SITE. WITH­OUT LIM­IT­ING THE FORE­GO­ING, NEI­THER THE COM­PA­NY NOR ANY­ONE ASSO­CI­AT­ED WITH THE COM­PA­NY REP­RE­SENTS OR WAR­RANTS THAT THE WEB­SITE, ITS CON­TENT, OR ANY SER­VICES OR ITEMS OBTAINED THROUGH THE WEB­SITE WILL BE ACCU­RATE, RELI­ABLE, ERROR-FREE, OR UNIN­TER­RUPT­ED, THAT DEFECTS WILL BE COR­RECT­ED, THAT OUR SITE OR THE SERV­ER THAT MAKES IT AVAIL­ABLE ARE FREE OF VIRUS­ES OR OTH­ER HARM­FUL COM­PO­NENTS, OR THAT THE WEB­SITE OR ANY SER­VICES OR ITEMS OBTAINED THROUGH THE WEB­SITE WILL OTH­ER­WISE MEET YOUR NEEDS OR EXPECTATIONS.
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TO THE FULLEST EXTENT PRO­VID­ED BY LAW, THE COM­PA­NY HERE­BY DIS­CLAIMS ALL WAR­RANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATU­TO­RY, OR OTH­ER­WISE, INCLUD­ING BUT NOT LIM­IT­ED TO ANY WAR­RANTIES OF MER­CHANTABIL­I­TY, NON-INFRINGE­­MENT, AND FIT­NESS FOR PAR­TIC­U­LAR PURPOSE.
THE FORE­GO­ING DOES NOT AFFECT ANY WAR­RANTIES THAT CAN­NOT BE EXCLUD­ED OR LIM­IT­ED UNDER APPLIC­A­BLE LAW.
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Lim­i­ta­tion on Liability
TO THE FULLEST EXTENT PRO­VID­ED BY LAW, IN NO EVENT WILL THE COM­PA­NY, ITS AFFIL­I­ATES, OR THEIR LICEN­SORS, SER­VICE PROVIDERS, EMPLOY­EES, AGENTS, OFFI­CERS, OR DIREC­TORS BE LIABLE FOR ANY PER­SON­AL INJURY, PAIN AND SUF­FER­ING, EMO­TION­AL DIS­TRESS, LOSS OF REV­ENUE, LOSS OF PROF­ITS, LOSS OF BUSI­NESS OR ANTIC­I­PAT­ED SAV­INGS, LOSS OF USE, LOSS OF GOOD­WILL, LOSS OF DATA OR ANY INDI­RECT, SPE­CIAL, INCI­DEN­TAL, CON­SE­QUEN­TIAL, OR PUNI­TIVE DAM­AGES, WHETHER CAUSED BY TORT (INCLUD­ING NEG­LI­GENCE), BREACH OF CON­TRACT, OR OTH­ER­WISE, EVEN IF FORE­SEE­ABLE. THE MAX­I­MUM AGGRE­GATE LIA­BIL­I­TY OF THE COM­PA­NY TO YOU WILL NOT EXCEED AN AMOUNT EQUAL TO THE GREATER OF (A) $100 USD, OR (B) THE AMOUNTS PAID BY YOU WITH RESPECT TO THE PAR­TIC­U­LAR PROD­UCT OR SER­VICE HERE­UN­DER UNDER WHICH LIA­BIL­I­TY FIRST AROSE.
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THE FORE­GO­ING DOES NOT AFFECT ANY LIA­BIL­I­TY THAT CAN­NOT BE EXCLUD­ED OR LIM­IT­ED UNDER APPLIC­A­BLE LAW.
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Indem­ni­fi­ca­tion
You agree to defend, indem­ni­fy, and hold harm­less the Com­pa­ny, its affil­i­ates, licen­sors, and ser­vice providers, and its and their respec­tive offi­cers, direc­tors, employ­ees, con­trac­tors, agents, licen­sors, sup­pli­ers, suc­ces­sors, and assigns from and against any claims, lia­bil­i­ties, dam­ages, judg­ments, awards, loss­es, costs, expens­es, or fees (includ­ing rea­son­able attor­neys’ fees) aris­ing out of or relat­ing to your vio­la­tion of these Terms of Use or your use of the Web­site, includ­ing, but not lim­it­ed to, your User Con­tri­bu­tions, any use of the Web­site’s con­tent, ser­vices, and prod­ucts oth­er than as express­ly autho­rized in these Terms of Use or your use of any infor­ma­tion obtained from the Website.
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Gov­ern­ing Law and Jurisdiction
All mat­ters relat­ing to the Web­site and these Terms of Use and any dis­pute or claim aris­ing there­from or relat­ed there­to (in each case, includ­ing non-con­­trac­­tu­al dis­putes or claims), shall be gov­erned by and con­strued in accor­dance with the laws of the Com­mon­wealth of Vir­ginia with­out giv­ing effect to any choice or con­flict of law pro­vi­sion or rule (whether of the Com­mon­wealth of Vir­ginia or any oth­er jurisdiction).
Dis­pute Res­o­lu­tion. Please read the fol­low­ing arbi­tra­tion agree­ment in this Sec­tion (“Arbi­tra­tion Agree­ment”) care­ful­ly. It requires you to arbi­trate dis­putes with Com­pa­ny, its par­ent com­pa­nies, sub­sidiaries, affil­i­ates, suc­ces­sors and assigns and all of their respec­tive offi­cers, direc­tors, employ­ees, agents, and rep­re­sen­ta­tives (col­lec­tive­ly, the “Com­pa­ny Par­ties”) and lim­its the man­ner in which you can seek relief from the Com­pa­ny Parties.
Applic­a­bil­i­ty of Arbi­tra­tion Agree­ment. You agree that any dis­pute between you and any of the Com­pa­ny Par­ties relat­ing in any way to the Ser­vices or this Agree­ment, will be resolved by bind­ing arbi­tra­tion, rather than in court, except that (1) you and the Com­pa­ny Par­ties may assert indi­vid­u­al­ized claims in small claims court if the claims qual­i­fy, remain in such court and advance sole­ly on an indi­vid­ual, non-class basis; and (2) you or the Com­pa­ny Par­ties may seek equi­table relief in court for infringe­ment or oth­er mis­use of intel­lec­tu­al prop­er­ty rights (such as trade­marks, trade dress, domain names, trade secrets, copy­rights, and patents). This Arbi­tra­tion Agree­ment shall sur­vive the expi­ra­tion or ter­mi­na­tion of this Agree­ment and shall apply, with­out lim­i­ta­tion, to all claims that arose or were assert­ed before the date you accept these Terms of Use (as described in the pre­am­ble) or any pri­or ver­sion of this Agree­ment.
This Arbi­tra­tion Agree­ment does not pre­clude you from bring­ing issues to the atten­tion of fed­er­al, state or local agen­cies. Such agen­cies can, if the law allows, seek relief against the Com­pa­ny Par­ties on your behalf. For pur­pos­es of this Arbi­tra­tion Agree­ment, “Dis­pute” will also include dis­putes that arose or involve facts occur­ring before the exis­tence of this or any pri­or ver­sions of the Agree­ment as well as claims that may arise after the ter­mi­na­tion of this Agreement.
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Infor­mal Dis­pute Res­o­lu­tion. There might be instances when a Dis­pute aris­es between you and Com­pa­ny. If that occurs, Com­pa­ny is com­mit­ted to work­ing with you to reach a rea­son­able res­o­lu­tion. You and Com­pa­ny agree that good faith infor­mal efforts to resolve Dis­putes can result in a prompt, low‐cost and mutu­al­ly ben­e­fi­cial out­come. You and Com­pa­ny there­fore agree that before either par­ty com­mences arbi­tra­tion against the oth­er (or ini­ti­ates an action in small claims court if a par­ty so elects), we will per­son­al­ly meet and con­fer tele­phon­i­cal­ly or via video­con­fer­ence, in a good faith effort to resolve infor­mal­ly any Dis­pute cov­ered by this Arbi­tra­tion Agree­ment (“Infor­mal Dis­pute Res­o­lu­tion Con­fer­ence”). If you are rep­re­sent­ed by coun­sel, your coun­sel may par­tic­i­pate in the con­fer­ence, but you will also par­tic­i­pate in the conference.
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The par­ty ini­ti­at­ing a Dis­pute must give notice to the oth­er par­ty in writ­ing of its intent to ini­ti­ate an Infor­mal Dis­pute Res­o­lu­tion Con­fer­ence (“Notice”), which shall occur with­in 45 days after the oth­er par­ty receives such Notice, unless an exten­sion is mutu­al­ly agreed upon by the par­ties. Notice to Com­pa­ny that you intend to ini­ti­ate an Infor­mal Dis­pute Res­o­lu­tion Con­fer­ence should be sent by email to: [email protected] or by reg­u­lar mail to PO Box 18032 Roanoke, VA 24014. The Notice must include: (1) your name, tele­phone num­ber, mail­ing address, e‐mail address asso­ci­at­ed with your account (if you have one); (2) the name, tele­phone num­ber, mail­ing address and e‐mail address of your coun­sel, if any; and (3) a descrip­tion of your Dispute.
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The Infor­mal Dis­pute Res­o­lu­tion Con­fer­ence shall be indi­vid­u­al­ized such that a sep­a­rate con­fer­ence must be held each time either par­ty ini­ti­ates a Dis­pute, even if the same law firm or group of law firms rep­re­sents mul­ti­ple users in sim­i­lar cas­es, unless all par­ties agree; mul­ti­ple indi­vid­u­als ini­ti­at­ing a Dis­pute can­not par­tic­i­pate in the same Infor­mal Dis­pute Res­o­lu­tion Con­fer­ence unless all par­ties agree. In the time between a par­ty receiv­ing the Notice and the Infor­mal Dis­pute Res­o­lu­tion Con­fer­ence, noth­ing in this Arbi­tra­tion Agree­ment shall pro­hib­it the par­ties from engag­ing in infor­mal com­mu­ni­ca­tions to resolve the ini­ti­at­ing party’s Dis­pute. Engag­ing in the Infor­mal Dis­pute Res­o­lu­tion Con­fer­ence is a con­di­tion prece­dent and require­ment that must be ful­filled before com­menc­ing arbi­tra­tion. The statute of lim­i­ta­tions and any fil­ing fee dead­lines shall be tolled while the par­ties engage in the Infor­mal Dis­pute Res­o­lu­tion Con­fer­ence process required by this section.
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Arbi­tra­tion Rules and Forum. This Agree­ment evi­dences a trans­ac­tion involv­ing inter­state com­merce; and notwith­stand­ing any oth­er pro­vi­sion here­in with respect to the applic­a­ble sub­stan­tive law, the Fed­er­al Arbi­tra­tion Act, 9 U.S.C. § 1 et seq., will gov­ern the inter­pre­ta­tion and enforce­ment of this Arbi­tra­tion Agree­ment and any arbi­tra­tion pro­ceed­ings. If the Infor­mal Dis­pute Res­o­lu­tion Process described above does not resolve sat­is­fac­to­ri­ly with­in six­ty (60) days after receipt of your Notice, you and Com­pa­ny agree that either par­ty shall have the right to final­ly resolve the Dis­pute through bind­ing arbi­tra­tion. The Fed­er­al Arbi­tra­tion Act gov­erns the inter­pre­ta­tion and enforce­ment of this Arbi­tra­tion Agree­ment. The arbi­tra­tion will be con­duct­ed by JAMS, an estab­lished alter­na­tive dis­pute res­o­lu­tion provider. Dis­putes involv­ing claims and coun­ter­claims with an amount in con­tro­ver­sy under $250,000, not inclu­sive of attor­neys’ fees and inter­est, shall be sub­ject to JAMS’ most cur­rent ver­sion of the Stream­lined Arbi­tra­tion Rules and pro­ce­dures avail­able at http://www.jamsadr.com/rules-streamlined-arbitration/; all oth­er claims shall be sub­ject to JAMS’s most cur­rent ver­sion of the Com­pre­hen­sive Arbi­tra­tion Rules and Pro­ce­dures, avail­able at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also avail­able at www.jamsadr.com or by call­ing JAMS at 800−352−5267. A par­ty who wish­es to ini­ti­ate arbi­tra­tion must pro­vide the oth­er par­ty with a request for arbi­tra­tion (the “Request”). The Request must include: (1) the name, tele­phone num­ber, mail­ing address, e‐mail address of the par­ty seek­ing arbi­tra­tion and the account user­name (if applic­a­ble) as well as the email address asso­ci­at­ed with any applic­a­ble account; (2) a state­ment of the legal claims being assert­ed and the fac­tu­al bases of those claims; (3) a descrip­tion of the rem­e­dy sought and an accu­rate, good‐faith cal­cu­la­tion of the amount in con­tro­ver­sy in Unit­ed States Dol­lars; (4) a state­ment cer­ti­fy­ing com­ple­tion of the Infor­mal Dis­pute Res­o­lu­tion process as described above; and (5) evi­dence that the request­ing par­ty has paid any nec­es­sary fil­ing fees in con­nec­tion with such arbitration.
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If the par­ty request­ing arbi­tra­tion is rep­re­sent­ed by coun­sel, the Request shall also include counsel’s name, tele­phone num­ber, mail­ing address, and email address. Such coun­sel must also sign the Request. By sign­ing the Request, coun­sel cer­ti­fies to the best of counsel’s knowl­edge, infor­ma­tion, and belief, formed after an inquiry rea­son­able under the cir­cum­stances, that: (1) the Request is not being pre­sent­ed for any improp­er pur­pose, such as to harass, cause unnec­es­sary delay, or need­less­ly increase the cost of dis­pute res­o­lu­tion; (2) the claims, defens­es and oth­er legal con­tentions are war­rant­ed by exist­ing law or by a non­friv­o­lous argu­ment for extend­ing, mod­i­fy­ing, or revers­ing exist­ing law or for estab­lish­ing new law; and (3) the fac­tu­al and dam­ages con­tentions have evi­den­tiary sup­port or, if specif­i­cal­ly so iden­ti­fied, will like­ly have evi­den­tiary sup­port after a rea­son­able oppor­tu­ni­ty for fur­ther inves­ti­ga­tion or discovery.
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Unless you and Com­pa­ny oth­er­wise agree, or the Batch Arbi­tra­tion process dis­cussed in the sub­sec­tion titled “Batch Fil­ing” trig­gered, the arbi­tra­tion will be con­duct­ed in the coun­ty where you reside. Sub­ject to the JAMS Rules, the arbi­tra­tor may direct a lim­it­ed and rea­son­able exchange of infor­ma­tion between the par­ties, con­sis­tent with the expe­dit­ed nature of the arbi­tra­tion. If the JAMS is not avail­able to arbi­trate, the par­ties will select an alter­na­tive arbi­tral forum. Your respon­si­bil­i­ty to pay any JAMS fees and costs will be sole­ly as set forth in the applic­a­ble JAMS Rules.
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You and Com­pa­ny agree that all mate­ri­als and doc­u­ments exchanged dur­ing the arbi­tra­tion pro­ceed­ings shall be kept con­fi­den­tial and shall not be shared with any­one except the par­ties’ attor­neys, accoun­tants, or busi­ness advi­sors, and then sub­ject to the con­di­tion that they agree to keep all mate­ri­als and doc­u­ments exchanged dur­ing the arbi­tra­tion pro­ceed­ings confidential.
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Author­i­ty of Arbi­tra­tor. The arbi­tra­tor shall have exclu­sive author­i­ty to resolve all dis­putes sub­ject to arbi­tra­tion here­un­der includ­ing, with­out lim­i­ta­tion, any dis­pute relat­ed to the inter­pre­ta­tion, applic­a­bil­i­ty, enforce­abil­i­ty or for­ma­tion of this Arbi­tra­tion Agree­ment or any por­tion of the Arbi­tra­tion Agree­ment, except for the fol­low­ing: (1) all Dis­putes aris­ing out of or relat­ing to the sub­sec­tion enti­tled “Waiv­er of Class and Oth­er Non-Indi­vid­u­al­ized Relief,” includ­ing any claim that all or part of the sub­sec­tion enti­tled “Waiv­er of Class and Oth­er Non-Indi­vid­u­al­ized Relief” is unen­force­able, ille­gal, void or void­able, or that such sub­sec­tion enti­tled “Waiv­er of Class and Oth­er Non-Indi­vid­u­al­ized Relief” has been breached, shall be decid­ed by a court of com­pe­tent juris­dic­tion and not by an arbi­tra­tor; (2) except as express­ly con­tem­plat­ed in the sub­sec­tion enti­tled “Batch Arbi­tra­tion,” all Dis­putes about the pay­ment of arbi­tra­tion fees shall be decid­ed only by a court of com­pe­tent juris­dic­tion and not by an arbi­tra­tor; (3) all Dis­putes about whether either par­ty has sat­is­fied any con­di­tion prece­dent to arbi­tra­tion shall be decid­ed only by a court of com­pe­tent juris­dic­tion and not by an arbi­tra­tor; and (4) all Dis­putes about which ver­sion of the Arbi­tra­tion Agree­ment applies shall be decid­ed only by a court of com­pe­tent juris­dic­tion and not by an arbi­tra­tor. The arbi­tra­tion pro­ceed­ing will not be con­sol­i­dat­ed with any oth­er mat­ters or joined with any oth­er cas­es or par­ties, except as express­ly pro­vid­ed in the sub­sec­tion enti­tled “Batch Arbi­tra­tion.” The arbi­tra­tor shall have the author­i­ty to grant motions dis­pos­i­tive of all or part of any claim or dis­pute. The arbi­tra­tor shall have the author­i­ty to award mon­e­tary dam­ages and to grant any non-mon­e­tary rem­e­dy or relief avail­able to an indi­vid­ual par­ty under applic­a­ble law, the arbi­tral forum’s rules, and this Agree­ment (includ­ing the Arbi­tra­tion Agree­ment). The arbi­tra­tor shall issue a writ­ten award and state­ment of deci­sion describ­ing the essen­tial find­ings and con­clu­sions on which any award (or deci­sion not to ren­der an award) is based, includ­ing the cal­cu­la­tion of any dam­ages award­ed. The arbi­tra­tor shall fol­low the applic­a­ble law. The award of the arbi­tra­tor is final and bind­ing upon you and us. Judg­ment on the arbi­tra­tion award may be entered in any court hav­ing jurisdiction.
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Waiv­er of Jury Tri­al. EXCEPT AS SPEC­I­FIED IN THE SUB­SEC­TION TITLED “APPLIC­A­BIL­I­TY OF ARBI­TRA­TION AGREE­MENT”, YOU AND THE COM­PA­NY PAR­TIES HERE­BY WAIVE ANY CON­STI­TU­TION­AL AND STATU­TO­RY RIGHTS TO SUE IN COURT AND HAVE A TRI­AL IN FRONT OF A JUDGE OR A JURY. You and the Com­pa­ny Par­ties are instead elect­ing that all cov­ered claims and dis­putes shall be resolved exclu­sive­ly by arbi­tra­tion under this Arbi­tra­tion Agree­ment, except as spec­i­fied in sub­sec­tion titled “Applic­a­bil­i­ty of Arbi­tra­tion Agree­ment” above. An arbi­tra­tor can award on an indi­vid­ual basis the same dam­ages and relief as a court and must fol­low this Agree­ment as a court would. How­ev­er, there is no judge or jury in arbi­tra­tion, and court review of an arbi­tra­tion award is sub­ject to very lim­it­ed review.
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Waiv­er of Class or Oth­er Non-Indi­vid­u­al­ized Relief. YOU AND COM­PA­NY AGREE THAT, EXCEPT AS SPEC­I­FIED IN SUB­SEC­TION TITLED “BATCH FIL­ING”, EACH OF US MAY BRING CLAIMS AGAINST THE OTH­ER ONLY ON AN INDI­VID­UAL BASIS AND NOT ON A CLASS, REP­RE­SEN­TA­TIVE, OR COL­LEC­TIVE BASIS, AND THE PAR­TIES HERE­BY WAIVE ALL RIGHTS TO HAVE ANY DIS­PUTE BE BROUGHT, HEARD, ADMIN­IS­TERED, RESOLVED, OR ARBI­TRAT­ED ON A CLASS, COL­LEC­TIVE, REP­RE­SEN­TA­TIVE, OR MASS ACTION BASIS. ONLY INDI­VID­UAL RELIEF IS AVAIL­ABLE, AND DIS­PUTES OF MORE THAN ONE CUS­TOMER OR USER CAN­NOT BE ARBI­TRAT­ED OR CON­SOL­I­DAT­ED WITH THOSE OF ANY OTH­ER CUS­TOMER OR USER. Sub­ject to this Arbi­tra­tion Agree­ment, the arbi­tra­tor may award declara­to­ry or injunc­tive relief only in favor of the indi­vid­ual par­ty seek­ing relief and only to the extent nec­es­sary to pro­vide relief war­rant­ed by the party’s indi­vid­ual claim. Noth­ing in this para­graph is intend­ed to, nor shall it, affect the terms and con­di­tions under the sub­sec­tion titled “Batch Fil­ing” enti­tled “Batch Arbi­tra­tion.” Notwith­stand­ing any­thing to the con­trary in this Arbi­tra­tion Agree­ment, if a court decides by means of a final deci­sion, not sub­ject to any fur­ther appeal or recourse, that the lim­i­ta­tions of this sub­sec­tion, “Waiv­er of Class and Oth­er Non-Indi­vid­u­al­ized Relief,” are invalid or unen­force­able as to a par­tic­u­lar claim or request for relief (such as a request for pub­lic injunc­tive relief), you and Com­pa­ny agree that that par­tic­u­lar claim or request for relief (and only that par­tic­u­lar claim or request for relief) shall be sev­ered from the arbi­tra­tion and may be lit­i­gat­ed in the state or fed­er­al courts locat­ed in the State of Neva­da. All oth­er Dis­putes shall be arbi­trat­ed or lit­i­gat­ed in small claims court. This sub­sec­tion does not pre­vent you or Com­pa­ny from par­tic­i­pat­ing in a class-wide set­tle­ment of claims.
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Attor­neys’ Fees and Costs. The par­ties shall bear their own attor­neys’ fees and costs in arbi­tra­tion unless the arbi­tra­tor finds that either the sub­stance of the Dis­pute or the relief sought in the Request was friv­o­lous or was brought for an improp­er pur­pose (as mea­sured by the stan­dards set forth in Fed­er­al Rule of Civ­il Pro­ce­dure 11(b)). If you or Com­pa­ny need to invoke the author­i­ty of a court of com­pe­tent juris­dic­tion to com­pel arbi­tra­tion, then the par­ty that obtains an order com­pelling arbi­tra­tion in such action shall have the right to col­lect from the oth­er par­ty its rea­son­able costs, nec­es­sary dis­burse­ments, and rea­son­able attor­neys’ fees incurred in secur­ing an order com­pelling arbi­tra­tion. The pre­vail­ing par­ty in any court action relat­ing to whether either par­ty has sat­is­fied any con­di­tion prece­dent to arbi­tra­tion, includ­ing the Infor­mal Dis­pute Res­o­lu­tion Process, is enti­tled to recov­er their rea­son­able costs, nec­es­sary dis­burse­ments, and rea­son­able attor­neys’ fees and costs.
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Batch Arbi­tra­tion. To increase the effi­cien­cy of admin­is­tra­tion and res­o­lu­tion of arbi­tra­tions, you and Com­pa­ny agree that in the event that there are one hun­dred (100) or more indi­vid­ual Requests of a sub­stan­tial­ly sim­i­lar nature filed against Com­pa­ny by or with the assis­tance of the same law firm, group of law firms, or orga­ni­za­tions, with­in a thir­ty (30) day peri­od (or as soon as pos­si­ble there­after), the JAMS shall (1) admin­is­ter the arbi­tra­tion demands in batch­es of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batch­ing described above, a final batch con­sist­ing of the remain­ing Requests); (2) appoint one arbi­tra­tor for each batch; and (3) pro­vide for the res­o­lu­tion of each batch as a sin­gle con­sol­i­dat­ed arbi­tra­tion with one set of fil­ing and admin­is­tra­tive fees due per side per batch, one pro­ce­dur­al cal­en­dar, one hear­ing (if any) in a place to be deter­mined by the arbi­tra­tor, and one final award (“Batch Arbi­tra­tion”).
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All par­ties agree that Requests are of a “sub­stan­tial­ly sim­i­lar nature” if they arise out of or relate to the same event or fac­tu­al sce­nario and raise the same or sim­i­lar legal issues and seek the same or sim­i­lar relief. To the extent the par­ties dis­agree on the appli­ca­tion of the Batch Arbi­tra­tion process, the dis­agree­ing par­ty shall advise the JAMS, and the JAMS shall appoint a sole stand­ing arbi­tra­tor to deter­mine the applic­a­bil­i­ty of the Batch Arbi­tra­tion process (“Admin­is­tra­tive Arbi­tra­tor”). In an effort to expe­dite res­o­lu­tion of any such dis­pute by the Admin­is­tra­tive Arbi­tra­tor, the par­ties agree the Admin­is­tra­tive Arbi­tra­tor may set forth such pro­ce­dures as are nec­es­sary to resolve any dis­putes prompt­ly. The Admin­is­tra­tive Arbitrator’s fees shall be paid by Company.
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You and Com­pa­ny agree to coop­er­ate in good faith with the JAMS to imple­ment the Batch Arbi­tra­tion process includ­ing the pay­ment of sin­gle fil­ing and admin­is­tra­tive fees for batch­es of Requests, as well as any steps to min­i­mize the time and costs of arbi­tra­tion, which may include: (1) the appoint­ment of a dis­cov­ery spe­cial mas­ter to assist the arbi­tra­tor in the res­o­lu­tion of dis­cov­ery dis­putes; and (2) the adop­tion of an expe­dit­ed cal­en­dar of the arbi­tra­tion proceedings.
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This Batch Arbi­tra­tion pro­vi­sion shall in no way be inter­pret­ed as autho­riz­ing a class, col­lec­tive and/or mass arbi­tra­tion or action of any kind, or arbi­tra­tion involv­ing joint or con­sol­i­dat­ed claims under any cir­cum­stances, except as express­ly set forth in this provision.
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30-Day Right to Opt Out. You have the right to opt out of the pro­vi­sions of this Arbi­tra­tion Agree­ment by send­ing a time­ly writ­ten notice of your deci­sion to opt out to the fol­low­ing address: [email protected] or by reg­u­lar mail to our offices locat­ed at PO Box 18032 Roanoke, VA 24014, with­in 30 days after first becom­ing sub­ject to this Arbi­tra­tion Agree­ment. Your notice must include your name and address and a clear state­ment that you want to opt out of this Arbi­tra­tion Agree­ment. If you opt out of this Arbi­tra­tion Agree­ment, all oth­er parts of this Agree­ment will con­tin­ue to apply to you. Opt­ing out of this Arbi­tra­tion Agree­ment has no effect on any oth­er arbi­tra­tion agree­ments that you may cur­rent­ly have with us, or may enter into in the future with us.
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Inva­lid­i­ty, Expi­ra­tion. Except as pro­vid­ed in the sub­sec­tion enti­tled “Waiv­er of Class or Oth­er Non-Indi­vid­u­al­ized Relief”, if any part or parts of this Arbi­tra­tion Agree­ment are found under the law to be invalid or unen­force­able, then such spe­cif­ic part or parts shall be of no force and effect and shall be sev­ered and the remain­der of the Arbi­tra­tion Agree­ment shall con­tin­ue in full force and effect. You fur­ther agree that any Dis­pute that you have with Com­pa­ny as detailed in this Arbi­tra­tion Agree­ment must be ini­ti­at­ed via arbi­tra­tion with­in the applic­a­ble statute of lim­i­ta­tion for that claim or con­tro­ver­sy, or it will be for­ev­er time barred. Like­wise, you agree that all applic­a­ble statutes of lim­i­ta­tion will apply to such arbi­tra­tion in the same man­ner as those statutes of lim­i­ta­tion would apply in the applic­a­ble court of com­pe­tent jurisdiction.
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Mod­i­fi­ca­tion. Notwith­stand­ing any pro­vi­sion in this Agree­ment to the con­trary, we agree that if Com­pa­ny makes any future mate­r­i­al change to this Arbi­tra­tion Agree­ment, you may reject that change with­in thir­ty (30) days of such change becom­ing effec­tive by writ­ing Com­pa­ny at the fol­low­ing address: PO Box 18032 Roanoke, VA 24014. Unless you reject the change with­in thir­ty (30) days of such change become effec­tive by writ­ing to Com­pa­ny in accor­dance with the fore­go­ing, your con­tin­ued use of the Web­site and/or Ser­vices, includ­ing the accep­tance of prod­ucts and ser­vices offered on the Web­site fol­low­ing the post­ing of changes to this Arbi­tra­tion Agree­ment con­sti­tutes your accep­tance of any such changes. Changes to this Arbi­tra­tion Agree­ment do not pro­vide you with a new oppor­tu­ni­ty to opt out of the Arbi­tra­tion Agree­ment if you have pre­vi­ous­ly agreed to a ver­sion of this Agree­ment and did not valid­ly opt out of arbi­tra­tion. If you reject any change or update to this Arbi­tra­tion Agree­ment, and you were bound by an exist­ing agree­ment to arbi­trate Dis­putes aris­ing out of or relat­ing in any way to your access to or use of the Ser­vices or of the Web­site, any com­mu­ni­ca­tions you receive, any prod­ucts sold or dis­trib­uted through the Web­site, the Ser­vices, or this Agree­ment, the pro­vi­sions of this Arbi­tra­tion Agree­ment as of the date you first accept­ed this Agree­ment (or accept­ed any sub­se­quent changes to this Agree­ment) remain in full force and effect. Com­pa­ny will con­tin­ue to hon­or any valid opt outs of the Arbi­tra­tion Agree­ment that you made to a pri­or ver­sion of this Agreement.
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Waiv­er and Severability
No waiv­er by the Com­pa­ny of any term or con­di­tion set out in these Terms of Use shall be deemed a fur­ther or con­tin­u­ing waiv­er of such term or con­di­tion or a waiv­er of any oth­er term or con­di­tion, and any fail­ure of the Com­pa­ny to assert a right or pro­vi­sion under these Terms of Use shall not con­sti­tute a waiv­er of such right or provision.
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If any pro­vi­sion of these Terms of Use is held by a court or oth­er tri­bunal of com­pe­tent juris­dic­tion to be invalid, ille­gal, or unen­force­able for any rea­son, such pro­vi­sion shall be elim­i­nat­ed or lim­it­ed to the min­i­mum extent such that the remain­ing pro­vi­sions of the Terms of Use will con­tin­ue in full force and effect.
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Entire Agree­ment
‍The Terms of Use con­sti­tute the sole and entire agree­ment between you and Calendyze, LLC. regard­ing the Web­site and super­sede all pri­or and con­tem­po­ra­ne­ous under­stand­ings, agree­ments, rep­re­sen­ta­tions, and war­ranties, both writ­ten and oral, regard­ing the Website.
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Your Com­ments and Concerns
This web­site is oper­at­ed by Calendyze, LLC, PO Box 18032 Roanoke, VA 24014
All oth­er feed­back, com­ments, requests for tech­ni­cal sup­port, and oth­er com­mu­ni­ca­tions relat­ing to the Web­site should be direct­ed to: [email protected]

Last Modified: 10/20/2023