Notice of Agreement to Arbitrate and Class Action Waiver
By accepting these Terms, you are agreeing to the arbitration agreement and class action waiver contained in Section 5 of these Terms below.
2. Intellectual Property
4. Website Access
5. Agreement to Arbitrate
6. Consent to Contact
7. Voice Recording and Monitoring Consent
8. Limitation on Liability
10. Modifications to the Agreement
12. Entire Agreement
13. Contact Us
To use the Website, you must be 18 years or older and have the power to enter a binding contract with us and not be barred from doing so under any applicable laws; or 13 years or older and have your parent or guardian’s consent to the Agreement. The Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website. If you use the Website, you are confirming that you are at least 13 years old.
2. INTELLECTUAL PROPERTY
You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by Cydcor and/or its affiliates, Clients, suppliers, representatives, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of using or placing an order via the Website, if you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Cydcor’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
If you believe that any materials on the Website violate your copyright, please send us a notice of copyright infringement (please see our contact information below). It is the policy of Cydcor to terminate the access of repeat infringers.
Cydcor and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, Services, or other material on the Website. While Cydcor strives to keep the information on the Website accurate, complete, and up to date, it cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the information on the Website.
Disclaimer of Warranties
The Website is provided on an “as is” and “as available” basis. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, Cydcor expressly disclaims all warranties of any kind, whether express of implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose and non-infringement.
Cydcor does not make any warranty that the Website will meet your requirements, or that access to the Website will be uninterrupted, timely, secure, or error free, or that defects, if any will be corrected. Cydcor makes no warranties as to the results that may be obtained from the use of the Website or as to the accuracy, quality, or reliability of any information obtained through the Website. You understand and agree that any material and/or data downloaded or otherwise obtained using the Website is used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from Cydcor directly, or through this Website, shall create any warranty not expressly made herein.
4. WEBSITE ACCESS
B. Improper Uses
C. Website User Input
You understand and acknowledge that you are responsible for any materials you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
D. Monitoring and Termination of User Posted Materials
We have the right to:
- Remove or refuse to post any materials for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including referral to law enforcement for any illegal or unauthorized use of the Website.
- We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AGENTS, REPRESENTATIVES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
E. User Contributions
You agree that any material which you post to the Website (and any sites or social media platforms from which you link to the Website’s homepage) will not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, banner advertisements, and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
5. AGREEMENT TO ARBITRATE
You and we each agree that any and all disputes or claims with or against any party that relate to or arise from your use of or access to our Website, the Services, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this “Agreement to Arbitrate”).
A. Prohibition of Class and Representative Actions and Non-Individualized Relief
You and we agree that each of us may bring claims that relate to or arise from your use of or access to our Website, the Services, or any products or services sold, offered, or purchased through our Services only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding, including but not limited to actions under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. or the California Invasion of Privacy Act, Cal. Penal Code § 630 et seq. Unless both you and us agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form if a consolidated, representative, or class proceeding. The arbitrator may award relief, including monetary, injunctive, and declaratory relief, only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect our other users.
B. Arbitration Procedures
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules and a form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Arizona, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
This arbitration provision shall survive termination of this Agreement to Arbitrate and the closing of your Account or your use of or access to our Services, or any products or services sold, offered, or purchased through our Services.
C. Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by us should be submitted by mail to the AAA along with your Demand for Arbitration and we will arrange to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse us for all fees associated with the arbitration paid by us on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and to family members of a party who is an individual.
Except for any of the provisions in Section 4(A) of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 4(A) of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.
6. Consent to Contact
You agree that providing your telephone number in any submission on our websites, that you provide your signature expressly consenting to contact from the Company, its Clients, subsidiaries, affiliates, representatives or agents at the number you provided regarding products or services via live, automated or prerecorded telephone call, text, or email. You understand that your telephone company may impose charges on you for these contacts, and you am not required to enter into this agreement as a condition of any purchase. You understand that you can revoke this consent through any reasonable means.
By including your email in any submission, you are extending an express invitation to Cydcor to contact you by email at any email address you provided (in this case, any such email will not be considered spam or unauthorized by any local, state or federal law or regulation). For any service, you represent that all the information you have provided in your submission is true and complete.
7. VOICE RECORDING AND MONITORING CONSENT
8. LIMITATION ON LIABILITY
You expressly understand and agree that under no circumstances will Cydcor, its Clients suppliers, parents, subsidiaries, representatives, affiliates, or agents be liable for indirect, special, incidental, or consequential damages. This includes without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, special, incidental, or consequential damages. This applies regardless of the way damages are caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability) or otherwise resulting from (1) the use of, or the inability to use, the Website and/or Services, (2) the use of, or the inability to use, items purchased on the Website or through its representatives, agents or Clients; or (3) the cost of procurement of substitute services or items.
You agree to indemnify and hold harmless Cydcor, its directors, officers, employees, Clients, agents, co-branders, representatives, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with (i) your use of the Website and/or the Services; (ii) information you submit or transmit through the Website or disclose to Cydcor’s representatives or agents; (iii) privacy, tort or other claims (e.g., claims under the Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to Cydcor, its affiliates, its Clients and/or their respective agents or representatives that is not owned by you, in contravention of this Agreement; and/or (iv) your breach of this Agreement.
10. MODIFICATIONS TO THE AGREEMENT
12. ENTIRE AGREEMENT
13. CONTACT US
This Website is operated by Cydcor LLC, which is located at 29899 Agoura Road, Suite 100, Agoura Hills, CA 91301. All notices of copyright infringement claims should be sent to “Legal” at the address set forth above. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to [email protected].