Terms of Use

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Westminster Kennel Club Terms of Use Agreement

November 12, 2020

Description of Westminster Kennel Club Services and Acceptance of Terms of Use Including Arbitration of Disputes

Westminster Kennel Club Digital (“WKC,” “we” or “us”), which is operated and hosted by Fox Sports 1, LLC has developed this Terms of Use Agreement (“Agreement”) to describe the terms that govern your use of the WKC Services (defined below). This Agreement applies to the WKC websites (“WKC Sites”), mobile sites, applications (“apps”), widgets, WKC Site Products (as defined below) and other content and services that are linked to this Agreement (collectively, the “WKC Services”). 

Your access to and use of certain WKC Services may require you to accept additional terms and conditions applicable to such WKC Services, including any future modifications (collectively, “Additional Terms”) in addition to this Agreement, and may require you to download software or Content (as defined below). The Additional Terms are made a part of this Agreement by this reference. In the event of a conflict, between any such Additional Terms and this Agreement, such Additional Terms will prevail over this Agreement with respect to your use of that specific WKC Service.

Use of the WKC Services is limited to users aged 13 years and above.

PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND WKC UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURTAND (ii) YOU AND WKC WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES.  PLEASE CLICK HERE TO REVIEW THE ARBITRATION AGREEMENT. BY USING THIS SITE AND ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT.  PLEASE READ IT CAREFULLY.

You take full responsibility for your participation on the WKC Services.  As a condition of using certain features on the WKC Services, you may be required to register on the WKC Services and/or select a username and password.  WKC furnishes the WKC Services (as defined below) for your personal enjoyment and entertainment. By using any WKC Service (whether or not you have an account or subscription) or by clicking a box that states that you accept and agree to this Agreement, you signify your agreement to be bound by this Agreement, including any future modifications, and any Additional Terms and to abide by all applicable laws, rules and regulations (“Applicable Law”). Please read through this Agreement carefully. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you may not use the WKC Services and must discontinue use of the WKC Services immediately. WKC may modify this Agreement at any time, and each such modification will be effective upon posting on or to the WKC Service. All material modifications will apply prospectively only. Your continued use of the WKC Services following any modification constitutes your acceptance of and agreement to be bound by this Agreement as so modified. It is therefore important that you review this Agreement regularly. WKC may also use third-party service providers, such as vendors, contractors, agents or sponsors, to operate, develop or help WKC manage and provide the WKC Services.

Access

The WKC Site is intended solely for your personal and non-commercial use.  WKC may change, suspend or discontinue the WKC Site (or any feature thereof) at any time.  WKC may also impose limits on certain features and services offered on the WKC Site or restrict your access to parts or all of the WKC Site without notice or liability.  You acknowledge that from time to time the WKC Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which WKC may undertake from time to time; or (iii) causes beyond the control of WKC or which are not reasonably foreseeable by WKC.

Termination

Unless terminated by WKC in its sole discretion, this Agreement remains in full force and effect while you use the WKC Services.  You agree that WKC may at its sole discretion, suspend or terminate access to all or part of our website with or without notice and for any reason.  WKC may terminate access to all (or any portion of) the WKC Services at any time, for any or no reason, with or without prior notice or any explanation, and shall have no liability to you for such termination.

Fees

You acknowledge that WKC reserves the right to charge a fee for any portion of the WKC Services.  WKC will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account and/or subscription in the event you do not wish to pay the modified fee.  If you continue to use the WKC Services after the applicable fee has been imposed or increased, you are expressly agreeing to the subscription fee or increase thereto and you will be responsible for paying such fee for the balance of your subscription service. You will not be entitled to a refund of any unused portion of such fees or other payments if WKC suspends or terminates your account, and/or access to the WKC Sites (or any portion of the WKC Site), due to your breach of this Agreement or violation of Applicable Law, as determined by WKC, in its sole discretion.

Purchasing WKC Site Products

In connection with a purchase of any WKC Services feature, subscription (including any premium subscription) or product, through any WKC Service (“WKC Site Product”) you may be required to provide personal information, including credit card and billing information (“Personal Financial Information”), to an independent third-party selected by, but not affiliated with, WKC (the “Processor”).  Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, the collection, use and transmission of your Personal Financial Information and any payment obligations for WKC Site Products shall be governed by the terms of use/service and privacy policy(ies) of the Processor.  If you make a purchase of a WKC Site Product, you are warranting that you are authorized to make the purchase using the Personal Financial Information that you provide to the Processor. You must be 18 years of age or older to purchase a WKC Site Product.

If you purchase certain subscription based WKC Site Products, your subscription will be automatically renewed and the credit card you provided to the Processor for such WKC Site Product will be charged per the billing cycle of your subscription (e.g., monthly, 3-month, 6-month, annual), unless you cancel the subscription prior to the automatic renewal date of the subscription. The renewal charge for your subscription shall be the same as the original purchase price, unless you are otherwise notified in advance. You acknowledge and agree that the authorization to charge your credit card for the subscription shall automatically transfer to any successors or assigns of WKC or the Processor, for a substantially similar subscription. Some subscription options include a free trial period. You are allowed only one free trial period. Subsequent subscriptions or upgrades do not qualify for additional free trials.

WKC makes no warranty and to the fullest extent provided by law accepts no liability for any loss or damages whatsoever, relating to, or in connection with, your placement of an order for a WKC Site Product with the Processor. WKC provides no refunds for, makes no warranty for and accepts no liability, regarding purchases you make on or through any WKC Service. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that, to the fullest extent permitted by law, in the event the Processor experiences a data breach that affects any of your information, WKC will in no way be responsible or liable to you for any such data breach.

If you have any questions regarding your purchases or transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your information, you must contact the Processor.

Limited Content License

The WKC Services contain information, text, files, images, video, sounds, musical works, works of authorship, materials, applications, software, product names, company names, trade names, logos, designs, and any other materials or content (collectively, “Content”) of WKC and WKC Affiliates and their licensors and assignors (“WKC Content”), as well as materials and Content provided by or other third-parties. WKC Content contained in the WKC Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and WKC, WKC, its licensors, or its assignors, own and retain all rights in the WKC Content and WKC Services. WKC hereby grants you a limited, revocable, non-sublicensable, nontransferable license, to access and display or perform the WKC Content (excluding any software code) solely for your personal, non-commercial use, in connection with using the WKC Services. Except as provided in this Agreement or as explicitly allowed in the Additional Terms on the applicable WKC Service, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available or otherwise use any Content contained in or through the WKC Services.

Except as explicitly and expressly permitted by WKC or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the WKC Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not, either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the WKC Content contained in the WKC Services or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with the WKC Content, including geo-filtering mechanisms. Except as necessary in order to make reference to WKC or WKC Services in a purely descriptive capacity, you are expressly prohibited from using any WKC Content in any manner.

You may not, without the WKC’s written permission, “mirror” any Contents contained on the WKC Site or any other server.  You may not use the WKC Site for any purpose that is unlawful or prohibited by the Agreement.  You may not use the WKC Site in any manner that could damage, disable, overburden, or impair the WKC Site, or interfere with any other party’s use and enjoyment of the Site.  You may not attempt to gain unauthorized access to the WKC Site through hacking, password mining or any other means.  WKC reserves the right, in its sole discretion, to terminate your access to the WKC Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

Restrictions on Use of the WKC Services

You acknowledge, consent and agree that WKC may access, preserve or disclose information you provide to or through the WKC Services or that we have collected about you, including user contact information, when WKC has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of WKC, our parents, subsidiaries or affiliates (“WKC Affiliates”), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of the WKC Services or members of the public, including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with Applicable Law or legal process; or (v) respond to requests from public and government authorities.  If WKC sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, WKC may transfer your information to the party or parties involved in the transaction as part of that transaction.

Removal of Material that Infringes Copyrights

WKC respects the intellectual property of others and requires that our users do the same.  WKC has a policy that provides for the termination in appropriate circumstances of users and account holders of WKC Services who are repeat infringers.  WKC also reserves the right to remove or disable access to any transmission of Content that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3) as set forth above.

If you believe materials on WKC Services infringes your copyright.

If you believe that any materials residing on or linked to from WKC Services infringes your copyright, you must send a written notification of claimed infringement that contains substantially all of the following information to the Copyright Agent: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit WKC to locate the material on the WKC Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit WKC to contact you, such as an address, telephone number, and an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or Applicable Law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature.  WKC’s Copyright Agent for notification of a claimed infringement can be reached as follows:

FOX Corporation

Copyright Agent

[email protected]

2121 Avenue of the Stars, Suite 900

Los Angeles, California 90067

Phone: 310-369-3921

Please be sure to send the notification to the attention of the WKC Site on which your claimed infringement occurred. For example, if your claimed infringement occurred on fwkc-web-prod.corebine.com/en, the notification should be sent to the address above, and include, “Attention: fwkc-web-prod.corebine.com/en” as the last line of the address. If you wish to notify the applicable Copyright Agent electronically, please here for a list of email addresses of each applicable WKC Site’s Copyright Agent.

If you posted materials to a WKC Service that was removed due to notice by a copyright owner.

If you posted materials to the WKC Services that WKC removed due to a notice of a claimed infringement from a copyright owner, WKC will take reasonable steps promptly to notify you that the material has been removed or disabled.  This notice may be by means of a general notice on WKC Services or by written or electronic communication to such address(es) you have provided to WKC, if any. You may provide counter-notification in response to such notice in a written communication that includes substantially all of the following: (i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (ii) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which WKC may be found, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person’s agent; and (iv) your physical or electronic signature.

Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.

Third-Party Links and Services

The WKC Services may provide, or third-parties may provide, links to other websites, apps, resources or other services created by third parties (collectively, “Third-Party Services”). When you engage with a Third-Party Service, you are interacting with the third party, not with WKC. If you choose to use a Third-Party Service and share information with it, the Third-Party Services may use and share your information in accordance with the Third-Party Service’s privacy policy and your privacy settings on such Third-Party Service. In addition, the third-party providing the Third-Party Service may use other parties to provide portions of the apps or service to you, such as technology, development or payment services. WKC is not responsible for and makes no warranties, express or implied, as to the Third-Party Services or the providers of such Third-Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices thereof). Inclusion of any Third-Party Service or a link thereto on the WKC Services does not imply approval or endorsement of the Third-Party Service. WKC is not responsible for the content or practices of any websites other than the WKC Services that link to this Agreement, even if the website links to the WKC Service and even if it is operated by a WKC Affiliate or a company otherwise connected with WKC. By using the WKC Services, you acknowledge and agree that WKC is not responsible or liable to you for any content or other materials hosted and served from any website, mobile site or app other than WKC Services. When you access Third-Party Services, you do so at your own risk. WKC encourages you not to provide any personally identifiable information to or through any Third-Party Service unless you know and are comfortable with the party with whom you are interacting. If you are interested in creating hypertext links to any WKC Site, you must contact and obtain consent from the applicable WKC Site at the address listed here before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of WKC, including its respective employees, agents, directors, officers or shareholders.

Privacy

Use of the WKC Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers

THE WKC SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WKC DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE WKC SERVICES.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WKC EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WKC MAKES NO WARRANTY THAT YOUR USE OF THE WKC SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE WKC SERVICES WILL BE CORRECTED, THAT THE WKC SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE WKC SERVICES OR THIRD-PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THIRD-PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE.  TO THE FULLEST EXTENT PERMITTED BY LAW, WKC OR OUR WKC AFFILIATES WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE WKC SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE WKC SERVICES, ATTENDANCE AT AN WKC EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE WKC SERVICES,  ANY THIRD-PARTY ADVERTISEMENT OR THIRD-PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE WKC SERVICES, OR THE CONDUCT OF ANY USERS OF THE WKC SERVICES, WHETHER ONLINE OR OFFLINE.  YOUR USE OF THIRD-PARTY ADVERTISEMENTS, THIRD-PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD-PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WKC SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.  YOU ASSUME RESPONSIBILITY, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE WKC SERVICES. Third-party advertisements and Third-Party Services do not necessarily reflect the opinions or policies of WKC or our WKC Affiliates.

Limitation on Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WKC AND OUR WKC AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WKC FOR THE WKC SERVICES DURING THE TERM OF YOUR USE OF THE WKC SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WKC WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OTHER THAN THE AMOUNT PAID, IF ANY, BY YOU TO WKC OR OUR WKC AFFILIATES FOR THE WKC SERVICES DURING THE TERM OF YOUR USE OF THE WKC SERVICES, INCLUDING ANY OTHER GENERAL, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WKC SERVICES.  YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF WKC’S ACTS OR OMISSIONS OR YOUR USE OF WKC SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE WKC SERVICES.

THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WKC HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

United States Jurisdiction

WKC provides the WKC Services in the United States of America.  WKC does not represent that the WKC Content, WKC Services are appropriate (or, in some cases, available) for use in other locations.   If you use the WKC Services from a jurisdiction other than the United States, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of the WKC Services.

Not all of the WKC Services are available worldwide or nationwide, and WKC makes no representation that you will be able to obtain any WKC Services in any particular jurisdiction, either within or outside of the United States.

U.S. Export Controls

Software available in connection with the WKC Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the WKC Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

AnchorAnchorArbitration Agreement and Class Action Waiver

(1) WKC, including its WKC Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute (as defined herein) between you and WKC, regarding any aspect of your relationship with WKC, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court.  Each of you and WKC agrees to give up the right to sue in court. 

(2) The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and WKC, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory.  The term “Dispute” specifically includes, but is not limited to, any disputes, actions, claims, or controversies between you and WKC that arise from or in any way relate to or concern any Content, products or services provided by WKC including but not limited to the WKC Services (as defined above), this Arbitration Agreement, any other aspect of these Terms of Use (including their applicability and their conformance to applicable law), any billing disputes, and any disputes relating to telephonic, text message, or any other communications either of us received from the other.  The only exceptions to this Arbitration Agreement are that (i) each of you and WKC retains the right to sue in small claims court and (ii) each of you and WKC may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.  Disputes over whether these exceptions apply shall be resolved by the court in which such action has been brought; all other disputes over arbitrability shall be resolved by the arbitrator. 

(3) Each of you and WKC also agrees to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and WKC (see paragraph 9 below).  

(4) There is no judge or jury in arbitration, and court review of an arbitration award is limited.  An arbitrator must follow this Arbitration Agreement.  The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages); provided that they are recoverable under these Terms of Use.  

(5) These Terms of Use evidence a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement.  This Arbitration Agreement shall survive termination of the Terms of Use.

(6) Any arbitration between you and WKC will be conducted by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this agreement to arbitrate.  The arbitration shall be conducted by a single, neutral arbitrator, and if you and WKC cannot agree on who that single arbitrator will be, the arbitrator will be appointed pursuant to the JAMS Rules, with the participation and involvement of WKC and you pursuant to JAMS Rule 12.  The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/.  The Consumer Arbitration Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/. The arbitrator is bound by these Terms of Use.

(7) If either you or WKC wish to arbitrate a claim, you or WKC must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the WKC Service to which the Notice relates, and the relief requested.  Your Notice to WKC must be sent by mail to: Arbitration Notice of Dispute, 2121 Avenue of the Stars, 7th Floor, Los Angeles, California, 90067.  WKC will send any Notice to you at the contact information we have for you or that you provide.  It is the sender’s responsibility to ensure that the recipient receives the Notice.  During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute. 

(8) If you and we do not resolve the Dispute within 45 days, either you or we may initiate arbitration in accordance with the JAMS Rules.  Further instructions on submitting a Demand for Arbitration may be found at http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf.  In addition to filing this Demand for Arbitration with JAMS in accordance with its rules and procedures, you must send a copy of this completed Demand for Arbitration to WKC at the address listed above to which you sent your Notice of Dispute. 

 (9) You and WKC acknowledge and agree to abide by the following rules for arbitration:

 (a) YOU AND WKC MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF; (b) WKC will pay arbitration costs as required by the JAMS Consumer Arbitration Minimum Standards and consistent with paragraph 6 below; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law and these Terms of Use; and (d) each side pays his, her or its own attorneys’ fees, except as otherwise provided in paragraph 10 below.

(10) JAMS charges filing and other fees to conduct arbitrations.  Ordinarily, the claimant has to pay the filing fee to initiate arbitration, but if you wish to commence an arbitration against WKC, you and WKC acknowledge and agree to abide by the following:

  • If you are seeking to recover less than $10,000 (inclusive of attorneys’ fees), WKC will pay the filing fee on your behalf or reimburse your payment of it.
  • If you are seeking to recover $10,000 or more, you will have to pay the filing fee charged by JAMS, but WKC will reimburse the filing fee if you prevail on all claims decided upon by the arbitrator.
  • WKC and you agree that, if the claims to be arbitrated total less than $10,000 (inclusive of attorneys’ fees), the claim ordinarily should be decided on written submissions only, without a telephonic or in-person hearing. WKC will not request a hearing for any claims totaling less than $10,000.  This provision shall not be construed by the arbitrator to deprive you of any rights you may have to a telephonic or in-person hearing in your hometown area pursuant to the JAMS Rules.
  • WKC and you agree that, if the claims to be arbitrated total $10,000 or more, the arbitration will occur in a manner and place consistent with the JAMS Rules.

(11) Regardless of how the arbitration proceeds, each of you and WKC shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the JAMS Rules, and the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.

(12) Each of you and WKC may incur attorneys’ fees during the arbitration.  Each side agrees to pay his, her or its own attorneys’ fees unless the claim(s) at issue permit the prevailing party to be paid its attorneys’ fees, and in such instance, the fees awarded shall be determined by the applicable law(s). In addition to whatever rights you may have to recover your attorneys’ fees under applicable law, if you prevail in the arbitration, and if WKC failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than WKC’s highest settlement offer, then WKC will pay your reasonable attorneys’ fees in addition to the amount the arbitrator awarded.  If WKC wins the arbitration, you will be responsible for your own attorneys’ fees.  In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees is prohibited by applicable law.

(13) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief, only to the extent necessary to provide relief warranted by that party’s individual claim, only as permitted by applicable law, and only to the extent that declaratory and injunctive relief are permitted by these Terms of Use.  The arbitrator shall have no authority to award punitive, exemplary, multiplied or consequential damages or any other relief not allowed under this Arbitration Agreement.  The arbitrator also may not order WKC to pay any monies to or take any actions with respect to persons other than you, unless WKC explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order.  Further, unless WKC expressly agrees, the arbitrator may not consolidate other persons’ claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding. 

(14) You and WKC agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation,  proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, an order confirming the award, or unless otherwise required by law or court order. In keeping with the confidential nature of the arbitration, You and WKC agree that an order confirming award is only necessary if the obligations of the award have not been performed.  Therefore, before taking any steps to confirm the arbitration award, the party seeking confirmation of the award must give the other party notice of its intention to confirm the award.  If the party who would be the respondent in any such confirmation proceeding performs its obligation under the terms of the arbitration award within 15 business days of such notice, the party who gave notice of its intent to confirm the award shall not seek to confirm or otherwise enforce the award.

(15) With the exception of subpart (a) in paragraph (9) (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class), if any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in paragraph (9) is found invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, but the rest of these Terms, including the provisions governing where actions against WKC must be pursued, the choice of governing law, and our mutual waiver of the right to a trial by jury, will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.

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Governing Law

This Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and WKC agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any Dispute arising out of this Agreement, the WKC Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE WKC SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES.  AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Indemnity

You agree to indemnify and hold WKC, its WKC Affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third-party due to or arising out of or in connection with your misuse of the WKC Services, or your breach of this Agreement.,

Unsolicited Submissions

WKC does not knowingly accept, via the WKC Services or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. WKC requests that you do not make any unsolicited submissions.  Any similarity between an unsolicited submission and any elements in any WKC or WKC Affiliate creative work, including without limitation, a film, series, story, title or concept would be purely coincidental. If you do send any submissions to WKC via the WKC Services that are unsolicited (including but not limited to any Forum), however, you agree that (i) your unsolicited submissions are not being made in confidence or trust and that by making such submissions, no contractual or fiduciary relationship is created between you and WKC; (ii) any such unsolicited submissions and copyright becomes the property of and will be owned by WKC  and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as WKC sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such unsolicited submissions; and (iv) by sending an unsolicited submission, you waive the right to make any claim against WKC or WKC Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Employment Opportunities

WKC may, from time to time, post WKC employment opportunities on the WKC Services and/or invite users to submit resumes to it.  If you choose to submit your name, contact information, resume and/or other personal information to WKC in response to employment listings, you are authorizing WKC to utilize this information for all lawful and legitimate hiring and employment purposes.  WKC also reserves the right, at its sole discretion, to forward the information you submit, to its WKC Affiliates for legitimate business purposes. Nothing in this Agreement or contained in the WKC Services will constitute a promise by WKC to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the WKC Services constitute a promise that WKC will review any or all of the information submitted to it by users of the WKC Services.

Other

The failure of WKC to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.  The Section titles in this Agreement are for convenience only and have no legal or contractual effect.  This Agreement operates to the fullest extent permissible by law.  Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

You agree that any notices WKC may be required by Applicable Law to send to you will be effective upon WKC’s sending an e-mail message to the e-mail address you have on file with WKC or publishing such notices on the informational page(s) of WKC Services.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and WKC as a result of this Agreement or your use of the WKC Services.  A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.

Nothing contained in this Agreement limits WKC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the WKC Services or information provided to or gathered by us in connection with such use.

If you would like to contact any WKC Site with any questions regarding this Agreement, please click here for a list of contact information.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

WKC Website Terms of Use

This website (the “Site”) is a service of the Westminster Kennel Club. Please read these terms (“Terms of Use”) carefully before using the Site. By accessing the Site in any manner (whether automated or otherwise), you acknowledge that you have read, and you agree to be bound by, these Terms of Use and any additional terms and conditions that are referenced below or otherwise may apply to specific areas of the Site, which constitute a legal agreement between you and the Westminster Kennel Club (“WKC”, “we” or “us”), and you also acknowledge and consent to our Privacy Notice. If you do not agree, you may not use the Site.

Certain features, products or software that you access or use via, or download from, the Site may be subject to additional terms and conditions presented to you at the time that you access, use, or download them. If you decide to enter any contest or sweepstakes, such content or sweepstakes are subject to the additional terms and conditions for the contest or sweepstakes presented to you. In addition, some areas of the Site may be provided by our third-party partners and may be subject to separate terms and conditions of use, which, if applicable, will be posted to, linked to or referenced within those areas.

You represent that you are legally able to accept these Terms of Use, and affirm that you are of legal age to form a binding contract, or have obtained parental or guardian consent to do so. If you do not or cannot agree to these Terms of Use, you may not use the Site.

We reserve the right to change these Terms of Use at any time in our sole discretion. Such changes will be effective when posted, provided that we may only amend the alternative dispute and venue provisions to the extent allowed by applicable law. Any changes made to these Terms of Use will only apply prospectively. By continuing to use the Site after we post any such changes, you accept these Terms of Use as modified.

NOTE: THESE TERMS OF USE CONTAIN A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “BINDING ARBITRATION” SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF USE AND WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) BETWEEN YOU AND US OR OUR AFFILIATES. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS FURTHER DESCRIBED IN THE “BINDING ARBITRATION” SECTION BELOW.

Rules of Conduct

You agree and are required to follow the following rules when you use the Site:

  • Do not “stream catch” (download, store or transmit copies of streamed content).
  • Do not engage in (i) “harvesting”, scraping, spidering or any other automated means; or (ii) manual means on a mass basis, of collecting information from or accessing the Site or any account or computer system connected to the Site (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Site and information about the offerings, products, services and promotions available on the Site. This prohibition does not apply to search engines accessing the Site solely for web indexing purposes.
  • Do not obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you.
  • Do not “flood” the Site with requests or otherwise overburden, disrupt or harm the Site or its systems.
  • Do not, and do not attempt to (or encourage or support anyone else’s attempt to) circumvent or reverse engineer the Site or its systems.
  • Do not restrict or inhibit another user or users from using and enjoying the Site.
  • Do not impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site or WKC.
  • Do not use, redistribute, republish or exploit any part of the Site for any commercial or promotional purposes, except as expressly permitted by us pursuant to a separate, written agreement or other arrangement.
  • Do not use the Site to violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right.
  • Do not upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains any virus, malware, spyware, or other harmful component.

You also must comply with all applicable laws, rules, regulations and contractual obligations when you use the Site.

Ownership of Site Content

We or our licensors or partners own the intellectual property rights in the content and materials displayed on the Site. You may use the Site (including such content and materials) solely for your own personal, non-commercial use, except as expressly permitted by us pursuant to a separate written agreement or other arrangement. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any content and/or material from the Site unless explicitly authorized in these Terms of Use or by the owner of the content and/or materials. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

The name “Westminster Kennel Club,” the WKC logo, and all related names, logos, product and service names, designs and slogans are trademarks of WKC or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.

If you submit or send us any ideas, information, materials or content to or for the Site and/or our business, you hereby assign to us all right, title and interest in and to all such ideas, information, materials and content, including alterations thereof. You represent that any ideas, information, materials and content you submit to the Site or us is original to you and that you have the right to assign to us these rights. You hereby irrevocably waive and release us from any and all claims that we or our licensees or sublicensees have used your ideas, information, materials or content without your permission.

Electronic Communications

The communications between you and us via the Site use electronic means, whether you visit the Site or send us an email, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your non-waivable rights.

Changes to the Site

We reserve the right to modify, suspend or discontinue (temporarily or permanently), the Site or any portion of the Site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.

Suspension or Termination of Access

We have the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions of the Site, and to remove and discard any content or materials you have submitted to the Site, at any time and for any reason, including for any violation by you of these Terms of Use. In addition, we have a policy of terminating the Site usage privileges of users who are repeat infringers of intellectual property rights. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by these Terms of Use that were in effect as of the date of your suspension or termination.

Linking Policies

The Site may contain links to other websites or to third party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such sites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such sites. When you visit a linked site you should read the terms of use and privacy policy that govern that particular linked site.

We welcome links to the Site so long as: (i) the Site opens in a new browser window which displays the full version of a page of the Site (e.g., not merely one of its frames, and not an “in-line” link to a particular image or object on the Site); (ii) the link to the Site does not state or imply any sponsorship of the Site or service by us or by the Site; and (iii) the Site is not display framed within or obfuscated by other content. You may not use any trademarks, service marks or copyrighted materials appearing on the Site, including but not limited to any logos, without our express written consent. We reserve the right to revoke your right to link to the Site upon notice. If you receive such a notice from us, you agree to discontinue your link to the Site.

Indemnification

You agree to indemnify, defend and hold us and our affiliates, and our and their respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys’ fees, arising from your use of the Site, your submissions to the Site, or any violation of these Terms of Use, or applicable law, by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of the Site.

Jurisdictional Issues

We control and operate the Site from our facilities in the United States of America, and unless otherwise specified, the materials displayed on the Site are presented solely for the purpose of promoting products and services available in the United States of America, its territories, possessions, and protectorates. We do not represent that materials on the Site are appropriate or available for use in other locations. If you choose to access the Site from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

Applicable Law; No Waiver; Severability

These Terms of Use, and the relationship between you and us, will be governed by the laws of the United States of America and the State of New York, without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, unlawful, void or otherwise unenforceable, you and we nevertheless agree that the court should endeavor to give effect to intentions as reflected in the provision, and the other provisions of these Terms of Use will remain in full force and effect.

Binding Individual Arbitration

Purpose. The term “Dispute” means any dispute, claim, or controversy between you and us or any of our affiliates regarding the Site or any service thereon, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced. If you have a Dispute with us or any affiliate of ours or any of our or their officers, directors, employees or agents that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, other than those matters listed in the Exclusions from Arbitration clause, you and the entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

Exclusions from Arbitration. YOU AND WE AND OUR AFFILIATES AGREE THAT ANY CLAIM FILED BY YOU OR BY US OR OUR AFFILIATE IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.

Right to Opt Out of Binding Arbitration and Class Action Waiver within 30 Days. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 111 Broadway Suite 805 New York City, NY 10006 AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR ACCOUNT NUMBER, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US OR OUR AFFILIATES THROUGH ARBITRATION.

Notice of Dispute. IF YOU HAVE A DISPUTE WITH US OR ANY OF OUR AFFILIATES, YOU MUST SEND WRITTEN NOTICE TO 111 Broadway Suite 805 New York City, NY 10006TO GIVE US OR OUR AFFILIATE WITH WHICH YOU HAVE A DISPUTE THE OPPORTUNITY TO RESOLVE THE DISPUTE.

Informally Through Negotiation. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute, unless the Dispute is resolved within 60 days. If we or our affiliate with which you have a Dispute does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you, us or our affiliate with which you have a Dispute may pursue your claim in arbitration pursuant to the terms in this Section.

Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND THE ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.

Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or the entity you have a Dispute with elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com. The terms of this Section govern in the event they conflict with the rules of the arbitration organization selected by the parties.

Arbitration Procedures. Because the software and/or service provided to you by the entity you have a Dispute with concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $100,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $100,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $100,000 and you provided notice to and negotiated in good faith with the entity you had a Dispute with as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to the entity you have a Dispute with or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration. You or the entity you have a Dispute with may initiate arbitration in either New York County, New York or the county in which you reside. In the event that you select the county of your residence, the entity you have a Dispute with may transfer the arbitration to New York County, New York in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.

Severability. If any clause within this Section is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect.

Continuation. This Section shall survive any termination of these Terms of Use or the provision of the associated services to you.

Governing Jurisdiction and Venue

ANY DISPUTE NOT SUBJECT TO ARBITRATION AND NOT INITIATED IN SMALL CLAIMS COURT WILL BE LITIGATED BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION ONLY IN the United States District Court for the Southern District of New York or, if such court would not have jurisdiction over the matter, then only in a New York State court sitting in the Borough of Manhattan, City of New York. Each Party submits to the exclusive jurisdiction of these courts and agrees not to commence any legal action under or in connection with the subject matter of thESE TERMS OF USE in any other court or forum. Each Party waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of thESE terms of use in the Federal or state courts sitting in the Borough of Manhattan, City of New York, and agrees not to plead or claim in such courts that any such action has been brought in an inconvenient forum.

Disclaimer of Warranties

WE PROVIDE THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:

  • THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME,
  • THE SITE WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS,
  • THE INFORMATION ON THE SITE WILL BE ACCURATE OR UP-TO-DATE,
  • THE SITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS,
  • INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THE SITE WILL REMAIN RETRIEVABLE AND UNCORRUPTED (UNLESS WE PROMISE THIS IN A SEPARATE AGREEMENT WITH YOU), OR
  • THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES PROVIDED VIA THE SITE. ANY PRODUCTS AND SERVICES PROVIDED VIA THE SITE ARE PROVIDED “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US OR BETWEEN YOU AND A THIRD PARTY.

IF YOU PURCHASE A PRODUCT OR SERVICE FROM A THIRD PARTY AFTER FOLLOWING AN AD OR LINK ON THE SITE, THE TERMS OF SALE FOR YOUR PURCHASE ARE BETWEEN YOU AND THE THIRD PARTY FROM WHOM YOU MADE THE PURCHASE. WE ARE NOT RESPONSIBLE FOR SUCH THIRD-PARTY PRODUCTS OR SERVICES OR FOR DISPUTES BETWEEN YOU AND THEIR SELLERS.

YOU AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY DISPUTES BETWEEN USERS AND THIRD PARTIES.

THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE SITE, AND ANY OF THEIR EMPLOYEES AND AGENTS.

Limitations of Liability

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THE SITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THE SITE, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SITE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC SITE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

Other

These Terms of Use, together with our Privacy Notice and any additional terms and conditions that are referenced herein or otherwise may apply to specific areas of the Site, constitute the entire agreement between us and you with respect to the Site. This agreement is personal to you and you may not assign it to anyone.

These Terms of Use are not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SITE, OR THESE TERMS OF USE, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.

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