TERMS OF SERVICE
The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms and conditions or your use of this site.
Our performance of these terms and conditions is subject to existing laws and legal process of the United States of America, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests, or requirements relating to your use of the Website, or information provided to or gathered by us with respect to such use.
All services and products ordered from this site belong to third parties and not the owner of this site. The owner of this site has a material financial connection to the provider of the goods and services referred to on the site. The owner receives payment for each qualified sale or payment for each potential customer referral. The owner is advertising on behalf of a third party advertiser with whom the provider of the products or services also has a material financial connection, in that both advertisers receive payment for each qualified sale or payment for each potential customer referral. Information regarding the products and services on this site are provided by a third party owning or advertising such product and service on the Website and therefore the correctness of such information is unknown to the site owner who does not undertake due diligence to confirm such third party representations regarding third party advertising claims.
Intellectual Property Rights.
All content on this site, (“Site Content”) are owned or licensed by the owner of this site. All other rights, title and interest including all other copyrights, trademarks and other intellectual property rights posted on or through our site and all names, terms, logos, slogans and images are proprietary marks of their respective owners.
We only authorize you to view and download a single copy of the Site Content for your non-commercial personal use. Unauthorized use or access of the Site Content violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Content on any copy of such material.
Except as expressly provided herein, you may not sell or modify our Site Content or reproduce, display, distribute, or otherwise use the Site Content in any way for any public or commercial purpose or use. Use of the Site Content on any other Website or in a networked environment is expressly prohibited.
If you believe that any Site Content on this site infringes on any copyright which you own or control, or that any link on this Website directs you to another site that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with our designated agent to have the material removed or otherwise blocked from access. The notification shall include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works at a single Website are covered by a single notification, a representative list of such works at that Website; Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; Your address, telephone number and, if available, your 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 in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please send the written communication via email to: email@example.com
YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, ORTHAT ARISE FROM YOUR USE OR MISUSE OF THIS WEBSITE, ANY SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.
Class Action Waiver.
You hereby waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the site as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else.
Agreement to Arbitrate Claims
Any controversy, claim or dispute arising out of or relating in any way to your use of the Website shall be resolved by final and binding arbitration. The arbitration shall take place in Teton County, Wyoming in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall the parties be required to travel to participate in the arbitration. This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding as such rights have been waived by the parties.
If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition, and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows, and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary: 1. The issue of arbitrability shall be determined by the arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
The arbitrator shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
This concludes our general Terms Of Service. Any questions or comments please direct in written email to: firstname.lastname@example.org