Terms & Conditions
The following Terms and Conditions apply to you:
1. Acceptance of Terms.
1.1 Overview. The following terms and conditions (these “Terms”) govern all use by U.S. users or visitors of: (i) the RUNWAYCATALOG website, https://runwaycatalog.com, (the “Website”); (ii) any and all services available on or through the Website, or otherwise provided by RUNWAYCATALOG, including in connection with: (a) e-commerce; and (b) accessing or viewing materials online; and (iii) any other engagement with RUNWAYCATALOG online and offline, such as when you call our customer care center (collectively, the “Services”). The Services are owned and operated by RUNWAYCATALOG. Please note that the Return Policy, Price Protection Policy & Promotions and FAQs provide additional terms governing the purchase of products through the Services.
Modification. RUNWAYCATALOG reserves the right to modify or change any of these Terms at any time. It is your responsibility to check back periodically to ensure you are aware of any updates or changes. Your continued use of the Services following the posting of any changes to the Terms constitutes acceptance of those changes. If any change to the Terms is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
2. Your Use of the Services.
2.1 The Services. You agree to use the Services, including all features associated therewith, in accordance with (i) these Terms; and (ii) all applicable laws, rules and regulations, or other restrictions on the use of the Services or content therein. You are solely responsible for your interaction with other users of the Services.
2.2 Modifications / Suspension of Services. RUNWAYCATALOG reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. You agree that RUNWAYCATALOG shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
3. Registered Users.
You are not obligated to register with us in order to access the Services. However, certain sections and features of the Services are available only to visitors of the Services who have registered with a username and password (“Registered Users”). You agree you will not sell, transfer, license, or assign your account, credentials, or any account rights. You may only have one active Registered User account on the Services and only you may use your credentials to access the Services. You agree that you are responsible for all activities that occur under your Registered User account.
As a Registered User, you are responsible for keeping your password secret and secure. You also agree to promptly notify us if you become aware of any unauthorized use of your credentials, or any other breach of security involving or relating to the Services by emailing us at info @runwaycatalog.com WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
4. Trademark Information.
All names, graphics, designs, page headers, button icons, scripts, commercial markings, trade dress, service names, service marks, and logos used and displayed in connection with the Services are trademarks of RUNWAYCATALOG or its licensors or suppliers (collectively, the “Trademarks”). The Trademarks may not be used to disparage or discredit RUNWAYCATALOG, any third party of RUNWAYCATALOG’s or any third party products or services, or in any manner (in RUNWAYCATALOG’s sole judgment) that may damage any goodwill in the Trademarks or may cause confusion.
5. Site Content.
5.1 Ownership of Site Content. You agree that all material, including without limitation information, data, software, text (including text found in descriptions and articles), design elements, graphics, images, photographs, videos, clips, logos, icons, Trademarks, and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by RUNWAYCATALOG in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets, or other intellectual property and other proprietary rights and laws. RUNWAYCATALOG may own the Site Content or portions of the Site Content may be made available to RUNWAYCATALOG through arrangements with third parties.
5.2 Your Use of Site Content. RUNWAYCATALOG grants you a personal, non-exclusive, non-transferable, revocable, limited license, strictly to do the following: to view; reproduce; print; cache; store; and distribute Site Content via a generally available consumer web browser. The foregoing license is granted on the condition that you comply with the restrictions on use described in these Terms and that you do not (and do not permit any third party to) remove or obscure the copyright notice or other notices displayed on Site Content. You may not reproduce, license, rent, modify, copy, transmit, publicly display, print, cache, store, link to, frame, or distribute content retrieved from these Services for any purpose prohibited by these Terms, or for any commercial purpose whatsoever, without the prior written permission of RUNWAYCATALOG or the copyright holder identified in the relevant copyright notice. Any rights not expressly granted herein are reserved.
6. User Content.
In using the Services, you may provide and/or post content, including product reviews, comments or suggestions, photographs, videos, communications and/or other materials (“User Content”) and/or share it with other users. Subject to any licenses and rights expressly granted herein, any User Content posted by you, is owned by you.
You are solely responsible for any User Content you post, publish, display or transmit to others. We may, but are not obligated to, monitor or review any User Content (unless required by law). We retain the right to remove any or all User Content for any or for no reason, including User Content that, in our sole discretion, violates these Terms.
By uploading User Content, you grant to RUNWAYCATALOG and our service providers, and represent and warrant that you have all rights and authority necessary to grant, a royalty-free, perpetual, irrevocable, and unrestricted right and worldwide license (i) to use, reproduce, display, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to others such User Content, and / or to incorporate it in other works in any form, media, or technology. You also hereby grant each user of the Services a non-exclusive, royalty-free license to use such User Content as permitted through the functionality of the Services and under these Terms. You also agree that RUNWAYCATALOG is free to use any ideas, concepts, know-how or techniques that you send to us for any purpose. PLEASE DO NOT SEND US ANY IDEAS, SUGGESTIONS, OR OTHER CONTENT THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION.
7. Third Party Links.
8. Restricted Conduct.
Except as otherwise expressly authorized in these Terms, you agree not to use the Services to:
- Post, upload, share, transmit, distribute, facilitate distribution or otherwise make available any unlawful, infringing, harmful, harassing, defamatory, derogatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising, or collecting personal information from other users of the Services;
- Impersonate any person or entity, including without limitation any representative of RUNWAYCATALOG; falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that RUNWAYCATALOG endorses any statement you make;
- Disseminate any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
- Engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods;
- Interfere with or disrupt the operation of the Services or others’ use of the Services in any way (including without limitation by hacking or defacing any portion of the Services);
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services, or reproduce, duplicate, sublicense, copy, sell, resell, distribute, assign, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services;
- Merge the Services or Site Content with another program or create derivative works based on the Services or Site Content;
- Remove any copyright, trademark, or other proprietary rights notice from the Services or Site Content originating from the Services;
- Violate any applicable laws or regulations; or
- Assist or permit any persons in engaging in any of the activities described above.
You agree to defend, indemnify and hold RUNWAYCATALOG and its respective affiliates, licensors, officers, directors, employees, agents, and representatives, harmless from any and all losses, costs, expenses or damage of any nature whatsoever, including, without attorneys’ fees and court costs, arising from any claim, cause of action, demand or suit by any third party, related to or arising out of your use of the Services or violation of these Terms. RUNWAYCATALOG reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting RUNWAYCATALOG’s defense of such matter.
10.1 Termination of Your Use of the Services. RUNWAYCATALOG may terminate or block your use of our Services if you violate these Terms or are engaged in illegal or fraudulent use of the Services. You agree that any termination of your use the Services may be effected without prior notice. Further, you agree that RUNWAYCATALOG shall not be liable to you or any third party for any termination of your use or otherwise access to the Services.
10.2 Survival After Termination. The following provisions of these Terms shall survive termination of your right to use the Services: Section 4 (Trademark Information); Section 5 (Site Content); Section 6 (User Content); Section 9 (Indemnity); Section 11 (Disclaimer of Warranties); Section 12 (Limitation of Liability); Section 13 (Release); and Section 14 (Dispute Resolution). Additionally, any other provisions (or part of a provision) of these Terms that by their nature should survive termination of your right to use the Services shall also survive.
11. Disclaimer of Warranties.
THE SERVICES AND ALL CONTENT, OR ANY OTHER FEATURE OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. RUNWAYCATALOG DOES NOT GUARANTEE, REPRESENT, OR WARRANTY THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
RUNWAYCATALOG HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. RUNWAYCATALOG MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED BY YOU THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (III) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. RUNWAYCATALOG IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE SITE CONTENT, SERVICES, ACTIONS, OR INACTIONS OF ANY USER, ARTICLE, BLOG POST, NEWSLETTER, OR THE LIKE.
YOU ACKNOWLEDGE THAT RUNWAYCATALOG HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF, THE TRUTH OR ACCURACY OF ANY USER CONTENT, OR THE ABILITY OF ANY USER TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
12. Limitation of Liability.
RUNWAYCATALOG SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TERMS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RUNWAYCATALOG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR (II) ANY MATTERS BEYOND RUNWAYCATALOG’S REASONABLE CONTROL. WITH RESPECT TO USER CONTENT OR STATEMENTS, RUNWAYCATALOG SHALL HAVE NO LIABILITY WITH RESPECT TO ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, RUNWAYCATALOG IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD-PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND RUNWAYCATALOG HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD-PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
RUNWAYCATALOG AND EACH OF ITS AFFILIATES, SUBSIDIARIES, DIVISIONS, PARENT AND RELATED COMPANIES (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SERVICES, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR LINE FAILURE. RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
14. Choice of Law.
These Terms are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to principles of conflicts of laws.
15. Dispute Resolution.
15.2 Arbitration. If the parties do not reach an agreed upon solution pursuant to the procedures outlined in the paragraph above, you and RUNWAYCATALOG each agree that any Dispute will be settled by binding arbitration, except that you and RUNWAYCATALOG each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of the party’s respective intellectual property rights. Any such small claims matter or action for injunctive or equitable relief shall be brought in the state courts of the State of New York or the United States District Court for the Southern District of New York, and you consent to the exclusive personal jurisdiction and venue in such courts.
15.3 Scope of Arbitration. The arbitrator shall exclusively determine all issues as to the Dispute. The arbitrator shall also determine any question as to whether any Dispute or issue is subject to arbitration, and the enforceability or interpretation of this Dispute Resolution Section.
15.4 Class Action Waiver; Individual Arbitration. You and RUNWAYCATALOG each waive the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Under no circumstances will you file, seek, or participate in a class action, mass action, or representative action in connection with a Dispute. Further, unless both you and RUNWAYCATALOG otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Dispute Resolution section will be deemed void. Except as provided in the preceding sentence, this Dispute Resolution section will survive any termination of this Agreement.
15.5 Arbitration Rules. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Dispute Resolution section. (The AAA Rules are available www.adr.org) If for any reason, AAA is unable or unwilling to conduct the arbitration consistent with this Agreement, you and RUNWAYCATALOG will pick another arbitrator pursuant to 9 U.S. Code § 5.15.6 Arbitration Procedure and Location. If the value of the Dispute does not exceed 10,000 United States Dollars (“USD”), then the arbitration will be conducted solely on the basis of documents you and RUNWAYCATALOG submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary, in which case, such hearing shall be conducted by telephone, unless you and RUNWAYCATALOG agree otherwise. If the value of the Dispute exceeds 10,000 USD, your right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearing shall be conducted in New York County, New York unless you and RUNWAYCATALOG agree otherwise. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of arbitration.
15.7 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator bases any award. Any award in arbitration shall determine the rights and obligations between the named parties only. The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the case, except that the arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
16. Contact Information
If you have any questions about these Terms, or if you have technical questions about the operation of the Services, please contact us via email@example.com. Please do not include any sensitive information in your correspondence as emails may not be encrypted.
17. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Brossard, Quebec before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Runway Catalog’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.