THIS AGREEMENT REQUIRES THE USE OF ARBITRATION (SECTION 20) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
2. Linked Services.
4. Applicable Laws.
You are required to comply with all applicable laws in connection with your access to and use of the Site, and such further limitations as may be set forth in any written or online notice from Ms. JD. As a condition of your access to and use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Agreement. Use of the Site is for your personal and non-commercial use, and Ms. JD does not grant you any express or implied rights to access or use the Site for any other purpose.
5. No Legal or Professional Advice.
Neither users nor employees of Ms. JD are authorized to provide legal, accounting, or other professional advice using the Site. Moreover, Ms. JD has not confirmed the credentials of users who purport to be experts or specialists in any particular field. Accordingly, you agree not to treat any information you receive on or through the Site as professional advice or to rely on it as professional advice. Always seek the counsel of a lawyer or other professional regarding any legal issue or other matter for which you need advice.
You agree not to access Restricted Areas except using the login and password to your Account, and you agree not to share your login and password with anyone else. If, despite your agreement not to do so, you share your login and password with another person or if another person accesses the Site using your login and password without your permission, you agree to take full responsibility for the statements and actions of that other person, for any charges incurred by that other person, and for any damages caused by, resulting from, or accruing in connection with that other person's use of the Site. You agree to notify us immediately if you become aware of any unauthorized use of your password or username, or any other breach of security.
You are responsible for maintaining the confidentiality of the password and username you provided during the registration process, and you are fully responsible for all activities that occur under your password or Account. You agree to immediately notify Ms. JD of any unauthorized use of your password or username or any other breach of security.
You acknowledge that Ms. JD may establish general practices and limits concerning use of the Site, including, without limitation, the maximum number of days that message board postings or other uploaded content will be retained by the Site, the maximum number of postings or other content that may be uploaded to the Site, the maximum size of any postings or other content that may be uploaded, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that Ms. JD has no responsibility or liability for the deletion or failure to store any postings or other content transmitted to the Site. You acknowledge that Ms. JD reserves the right to terminate accounts that are inactive for an extended period of time.
10. Intellectual Property Rights.
The entire content included in the Site, including all User Submissions (defined below), including, without limitation, the text, design, graphics, interface, sounds, music, video, interactive features and the like, and the selection and arrangement thereof (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to Ms. JD and are subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions.
All Content on the Site and Courses are provided to you AS IS for your information and personal use only. You may download, view, copy and print Content, subject to the following conditions:
- The Content may be used solely for personal or internal business purposes, provided that it may not be sold, leased, or otherwise made available in exchange for consideration of any type;
- Any and all copyright, trademark and other proprietary rights notices must appear on all copies, including the copyright notice at the bottom of the page;
- The Content may not be modified or altered in any way; and
- No graphics may be used separate from accompanying text.
Except as provided above, you agree not to use, modify, copy, reproduce, disassemble, reverse compile or reverse engineer, distribute, transmit, broadcast, display, create derivative works of, perform, publish, adapt, display, sell, license, assign, host, transfer or otherwise commercially exploit any of the Courses or Content included in the Site in whole or in part for any other purposes whatsoever without the prior written consent of Ms. JD and/or the respective owners of such Content. Ms. JD reserves all rights not expressly granted in and to the Site and the Content.
11. User Submissions.
To the extent that you add, upload, transmit, post, communicate, or store any written, photographic, audio, video, or other content on the Site or otherwise submit any content for use by Ms. JD ("User Submissions"), you are solely responsible for all of the information, statements, facts, and material contained in such User Submissions. In connection with any User Submission you may submit, you agree not to transmit, distribute, post, communicate or store information or other material on, to, or through the Site that:
- Infringes on the copyright, trademark, patent or other intellectual property right of any third party;
- Violates a third party’s privacy or publicity rights;
- Reveals a trade secret, unless you own it;
- Contains falsehoods or misrepresentations that could damage Ms. JD (its successors and assigns) or any third party;
- Is obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually explicit, or embarrassing to any other person or entity as determined by Ms. JD in its sole discretion;
- Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or other similar classification;
- Contains epithets or other language or material intended to intimidate or to incite violence;
- Constitutes or purports to include legal, tax, medical, accounting, or other professional advice;
- Is designed to or could reasonably injure yourself, Ms. JD, or any third party;
- Violates any law;
- Constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or
- Ms. JD believes in good faith to be otherwise objectionable or inappropriate.
Ms. JD does not claim ownership of your User Submissions. However, by adding, uploading, transmitting, posting, communicating, or storing such User Submissions on the Site or by otherwise submitting such User Submissions for use by Ms. JD, you grant Ms. JD, its successors and assigns, and the operators of the Site a worldwide, non-exclusive, royalty free, perpetual, irrevocable, transferable, and sub-licensable license to use, edit, modify, copy, reproduce, distribute, transmit, broadcast, display, create derivative works of, publish, perform, adapt, and display such User Submissions on or in connection with the Site and for such other purposes as Ms. JD (or its successors or assigns) may deem consistent with its mission, in all media formats and in all media channels now known or later developed, including for promotional and marketing purposes. You also agree to grant and hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and as otherwise expressly permitted under this Agreement, in particular Section 10 (Intellectual Property Rights) hereof.
Ms. JD does not undertake to investigate or confirm the identities or statements of users, and so you should use the same care in disclosing information on the Site as you would in disclosing information about yourself to any person that you do not know. Specifically, you agree not to post personal information or information that could be considered sensitive in a public forum, and to disclose such information privately only if you know the person to whom you are disclosing it. If you choose to make such a private disclosure, you agree to assume all risks associated with that decision. If you ever question whether it is safe to disclose information about yourself, you should not disclose it. Instead, let Ms. JD know about the situation.
12. Copyright Infringement Notification.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may request that such material be removed from the Site by submitting a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). To request removal of your copyrighted material, please send written notice to our Copyright Agent containing all of the following information:
The Copyright Agent’s contact information is as follows: Ms. JD, Editor-in-Chief, 340 S LEMON AVE #4942, WALNUT, CA 91789; email: firstname.lastname@example.org; phone: 1-(909)-979-9810 .
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Also, note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Upon receipt of such a notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), Ms. JD will act expeditiously to remove or disable access to any content that is claimed to be infringing upon the copyright of any person under the laws of the United States, and will terminate the Site privileges of those who repeatedly infringe on the copyright of others.
- A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf to assert infringement of the copyright and to submit the statement;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your full name, address, telephone number, and email address;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the information you have provided in your Notice is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that your User Submission has been erroneously removed because it was improperly identified as violating someone’s copyright, you may send us a counter notice to have your User Submission replaced. If you elect to send us a counter notice, please send written notice to our Copyright Agent, as identified above, containing all of the following information:
- Your physical or electronic signature.
- 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.
- A statement 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.
- Your name, address, and telephone number.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or, if you live outside of the United States, for the Northern District of California), and that you will accept service of process from the person who provided the notification of infringement.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
14. Prohibited Uses.
You agree not to:
- Transmit, distribute, post, communicate or store information or other material on, to or through the that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
- Delete or revise any material or other information of any other user or Ms. JD;
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- Take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
- Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;
- Use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from Ms. JD on the Site and other than generally available third-party web browsers (e.g., Mozilla Firefox and Microsoft Internet Explorer);
- Attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Site;
- Post advertisements or solicitations of business other than those explicitly approved by Ms. JD;
- Promote third-party products, services, or organizations other than through official advertisements approved by Ms. JD;
- Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ abilities to engage in real time exchanges;
- Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Ms. JD, exposes Ms. JD or any of its users, customers, or suppliers to any liability or detriment of any type;
- Attempt to privately contact or identify users of the Site who are minors, if you are an adult; or
- Take any other action that could endanger or cause damage to Ms. JD, other users of the Site, or other third parties.
- Accessing data not intended for you or logging into a server or account that you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
- Attempting to interfere with service to any user, host, or network, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing", or "crashing", the Site;
- Sending unsolicited e-mail, including promotions and/or advertising of products or services, to or through the Site or with reference to Ms. JD or the Site; or
- Forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
By using this Site, you understand and agree that Ms. JD may at any time monitor, review, use, or disclose any content or communication posted or transmitted by, to, or from you on the Site. You further understand and agree that Ms. JD may use or disclose any information related to you (including content or communications posted or transmitted on the Site) for any reason related to the operation of the Site, in order to investigate, prevent, or take action regarding activities that may be prohibited or unlawful, to exercise our legal rights under the Agreement, or otherwise to protect the rights and property of Ms. JD or any third party.
Violations of system or network security may result in civil or criminal liability. In accordance with this Agreement, Ms. JD will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.
15. Third-Party Content and Links to Third-Party Web Sites.
The Site may contain third-party owned content and links to other websites (“Linked Sites”). Ms. JD does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites, such as the Mighty Networks Platform, are not under the control of Ms. JD, and Ms. JD is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. You use all Linked Sites and the Mighty Networks Platform at your own risk, and should apply a suitable level of caution and discretion in doing so. Ms. JD is providing third-party content and Linked Sites to you only as a convenience, and the inclusion of such third-party content and Linked Sites is not an endorsement by Ms. JD in favor of any third party.
16. Disclaimer of Warranties.
THE SITE IS PROVIDED “AS IS.” MS. JD MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, LINKED SITES, COURSES, MIGHTY NETWORKS PLATFORM OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. MS. JD DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MS. JD DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, COURSE, OR MIGHTY NETWORKS PLATFORM, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY MS. JD, INCLUDING THROUGH THE MIGHTY NETWORKS PLATFORM OR THE COURSES, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY MS. JD OR ANY THIRD PARTY, INCLUDING MIGHTY NETWORKS AND OTHER USERS THAT YOU MAY INTERACT WITH ON THE MIGHTY NETWORKS PLATFORM. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
MS. JD MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE OR MIGHTY NETWORKS PLATFORM WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE, COURSES, OR MIGHTY NETWORKS PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE, COURSES OR MIGHTY NETWORKS PLATFORM WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE OR MIGHTY NETWORKS PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND MS. JD DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.
17. Limitation of Liability.
IN NO EVENT WILL MS. JD OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES (INCLUDING MIGHTY NETWORKS PLATFORM OR ANY COURSES), OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE MS. JD FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. THE FOREGOING RELEASE DOES NOT APPLY TO ANY CLAIMS, DEMANDS, OR ANY LOSSES, DAMAGES, RIGHTS AND ACTIONS OF ANY KIND, INCLUDING PERSONAL INJURIES, DEATH OR PROPERTY DAMAGE FOR ANY UNCONSCIONABLE COMMERCIAL PRACTICE BY MS. JD OR FOR MS. JD’S FRAUD, DECEPTION, FALSE, PROMISE, MISREPRESENTATION OR CONCEALMENT, SUPPRESSION OR OMISSION OF ANY MATERIAL FACT IN CONNECTION WITH ANY SERVICES PROVIDED HEREUNDER.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MS. JD’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Ms. JD has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Ms. JD’s liability in such jurisdictions shall be limited to the extent permitted by law.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MS. JD (AND ITS OFFICERS, EMPLOYEES, AND AGENTS) AND THIRD PARTIES WHO CONTRIBUTE TO THE SITE FROM ANY LOSS, DAMAGE, OR COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION OF THE AGREEMENT OR YOUR USER SUBMISSIONS. MS. JD RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF MS. JD. MS. JD WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.
19. Severability and Integration.
Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and Ms. JD and governs your use of the Site, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Ms. JD. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
20. Choice of Law and Forum.
Please read this carefully. It affects your rights.
- Generally. In the interest of resolving disputes between you and Ms. JD in the most expedient and cost effective manner, you and Ms. JD agree that every dispute arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. These terms to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MS. JD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, AND THAT THIS AGREEMENT WILL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
- Exceptions. Despite the provisions of Section 20.1, nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (d) to file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and Ms. JD will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Ms. JD. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or electronic mail (“Notice”). Ms. JD's address for Notice is: Ms. JD, 340 S LEMON AVE #4942, WALNUT, CA 91789. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Ms. JD may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Ms. JD must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Ms. JD will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Ms. JD in settlement of the dispute prior to the arbitrator’s award; or (iii) $15,000.
- Fees. If you commence arbitration in accordance with this Agreement, Ms. JD will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Santa Clara County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Ms. JD for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions. YOU AND MS. JD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Ms. JD agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. If Ms. JD makes any future change to this arbitration provision, other than a change to Ms. JD’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Ms. JD 's address for Notice, in which case your account with Ms. JD will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
- Enforceability. If Section 20.6 is found to be unenforceable or if the entirety of this Section 20 is found to be unenforceable, then the entirety of this Section 20 will be null and void.
Ms. JD reserves the right, in its sole discretion, to terminate your access to and use of the Site, with or without notice. If you wish to terminate this Agreement and discontinue your access to the Site, you may make such a request by email to Ms. JD. Sections 10, 11, and 16 through 25 of the Agreement shall survive termination.
22. No Waiver.
The failure of Ms. JD to enforce any provisions of the Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches.
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Ms. JD, or any products utilizing such data, in violation of the United States export laws or regulations.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ms. JD as a result of the Agreement or your access to and use of the Site. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Ms. JD with respect to such use. You may not transfer, sell, or otherwise assign your rights or obligations under this Agreement. This Agreement constitutes the entire agreement between you and Ms. JD regarding the use of the Site.