Visitor Agreement
ATTENTION: PLEASE READ THIS VISITOR AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.
THIS SITE IS NOT OWNED OR OPERATED BY, NOR AFFILIATED WITH, ANY FEDERAL, STATE, COUNTY, OR CITY GOVERNMENT, OR ANY DEPARTMENT, BUREAU, DIVISION, OR AGENCY OF ANY OF THE FOREGOING (COLLECTIVELY, THE "GOVERNMENT").
1. USE OF THIS SITE; THE SERVICE. You agree to abide by this Agreement, as may be amended from time to time ("Agreement"), when using LicenseStudyGuide.com (this "Site") and any other websites owned or operated by Online Guru Inc. ("Company," "we" or "us") or any services provided in connection with the Site (the “Service”). This Agreement and the related Privacy Policy constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to this Site, the Service, the content, and any other products or services provided by or through this Site, and the subject matter of this Agreement. The information and features included in this Site have been compiled from a variety of sources, are for informational purposes only, and are subject to change at any time without notice. This Site and all information it contains are provided "AS IS."
By using this Site for service, you acknowledge that:
- you have read and agree to this Agreement; and,
- that you are of age (at least 18) and legal capacity to enter into this Agreement.
Anywhere in this Agreement where we refer to your use of LicenseStudyGuide.com Service, we mean to include:
- documents or forms generated through LicenseStudyGuide.com;
- the emails LicenseStudyGuide.com sends out; and,
- content and functionality of LicenseStudyGuide.com’s website.
Keep in mind, we may update this Agreement; read it every time you use this Site.
Money Back Guarantee
LicenseStudyGuide.com will refund 100% of the $9.95 fee when:
- You fail the DMV written exam within 30 days after purchase and send proof of failure to our customer support team by emailing them at support@licensestudyguide.com.
2. NO GOVERNMENT AFFILIATION. This Site is not owned or operated by, nor affiliated with the Government. This Site contains general information with respect to departments of motor vehicles in the various United States for informational and educational purposes only, and by using the acronym "DMV" we do not claim any authority to act on behalf of, nor that we are endorsed, sponsored or sanctioned by, the Government.
3. COPYRIGHT AND TRADEMARKS. The content, information, organization, graphics, designs, compilation, digital conversion and other materials published on or used on this Site, including, but not limited to, articles, opinions, text, directories, guides, photographs, illustrations, images, as well as the trademarks, logos, domain names, trade names, service marks, and any other forms of intellectual property (collectively, "Materials") are owned by the Company, its affiliates, partners and others, and are protected by law.
NOTWITHSTANDING THE FOREGOING, THE COMPANY MAKES NO CLAIM TO THE EXCLUSIVE RIGHT TO USE THE "DMV" ACRONYM. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIALS IS STRICTLY PROHIBITED. PLEASE NOTE THAT THIS PROVISION ONLY APPLIES TO SITE MATERIAL AND DOES NOT INCLUDE MATERIALS FOUND THROUGH LINKING TO ANOTHER SITE NOT OWNED BY THE COMPANY. FOR PURPOSES OF CLARIFICATION; ALL GOVERNMENT FORMS, APPLICATIONS, DOCUMENTS, CONTENT, AND INFORMATION ACCESSED BY YOU VIA HYPERLINKS FROM LICENSESTUDYGUIDE.COM, THAT LINK TO A GOVERNMENT ENTITY, ARE THE PROPERTY OF THE RESPECTIVE GOVERNMENT ENTITY. THE COMPANY MAKES NO OWNERSHIP CLAIMS TO SUCH GOVERNMENT INFORMATION.
You do not and cannot acquire any ownership rights to any Materials viewed through this Site without our express written permission, or the express written permission of the appropriate owner. The posting of Materials on this Site does not grant you any express or implied license to the Materials, other than to view the materials for your personal information and education, and the presence of Material on this Site does not constitute a waiver of any of our rights to the Materials. All rights in the Materials, including any moral rights, are expressly reserved.
4. THIRD PARTY AND AFFILIATED WEBSITES. We have no control over, and no liability for any third party websites or materials, including advertisers. We work with a number of partners or affiliates, including advertisers, for whom we have placed links on this Site to their websites. We have no control over the content and performance of these partner and affiliate sites and make no guarantees, representations or warranties about the accuracy, currency, content, or quality of information provided by such sites, any products or services provided by such websites, any results that may be obtained from using such websites, the legality of the products or services provided by such sites, or the privacy or other practices of such websites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. UNLESS EXPRESSLY SO STATED, THE INCLUSION OF A LINKED SITE IS FOR YOUR CONVENIENCE ONLY AND IS NOT INTENDED AND SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OR RECOMMENDATION OF THE LINKED SITE OR ITS CONTENT. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY SITES LINKED TO THIS SITE, INCLUDING THOSE THAT WE RECOMMEND, YOU DO SO ENTIRELY AT YOUR OWN RISK, AND OUR RECOMMENDATION DOES NOT CONSTITUTE A GUARANTEE OR WARRANTY OF THEIR SERVICES OR PRODUCTS. THE INCLUSION OF A LINKED SITE OF A GOVERNMENTAL AGENCY, INCLUDING BUT NOT LIMITED TO ANY STATE MOTOR VEHICLE DEPARTMENT IS ALSO DONE FOR YOUR CONVENIENCE. OUR LINKING TO SUCH A SITE SHOULD NOT BE CONFUSED WITH THE FACT THAT WE ARE A PRIVATE, NON GOVERNMENTAL FOR PROFIT BUSINESS UNRELATED TO SUCH GOVERNMENTAL AGENCY OR STATE MOTOR VEHICLE DEPARTMENT.
THE COMPANY AND ITS AFFILIATES DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE ACCURACY, CONTENT, PRODUCTS, SERVICES OR AVAILABILITY OF INFORMATION FOUND ON THIS SITE AND ON OTHER WEBSITES THAT LINK TO OR FROM THIS SITE. THE COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, INFORMATION THAT YOU MIGHT BE REQUESTED TO GIVE ANY THIRD PARTY WEB SITE. THE COMPANY IS NOT RESPONSIBLE FOR ANY ORDER, ENTRY, FULFILLMENT, PAYMENT PROCESSING, SHIPPING, CANCELLATIONS, RETURNS OR CUSTOMER SERVICE CONCERNING ORDERS OF PRODUCTS OR SERVICES FROM WEB SITES OWNED OR OPERATED BY ANY THIRD PARTY.
YOUR COMMUNICATIONS AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SITE AND ANY TERMS, CONDITIONS, WARRANTIES, AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. WE ENCOURAGE YOU TO REVIEW ALL POLICIES, RULES, TERMS, AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD PARTY SITE THAT YOU VISIT.
5. LINKING POLICY. The Materials on this Site contain intellectual property that is protected from unauthorized use, copying and dissemination by copyright, trademark and other laws. If you link to this Site, we require that you follow these guidelines. The link to this Site must not damage, dilute or tarnish the goodwill associated with the Company, this Site, or any affiliated websites or companies, or any intellectual property of the foregoing, nor may the link or a reference to the link include a false statement that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with the Company or this Site, or any affiliated websites or companies. You agree that you will not link to this Site from any source that is unlawful, abusive, indecent or obscene, or that promotes violence or illegal acts, or that contains expressions of racism, or that is libelous, defamatory, scandalous, inflammatory or otherwise inappropriate. Under no circumstances may you frame this Site or alter its intellectual property or content in any way. We are not responsible for the content of any website that may link to this Site.
6. PROHIBITED ACTIONS. We impose certain restrictions on your permissible use of this Site. You are prohibited from violating or attempting to violate any security features of this Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of this Site, or any associated network or system, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to this Site, overloading, flooding, spamming, mail bombing, or crashing; (d) using this Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information of any e-mail; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing this Site. Any violation of system or network security may subject you to civil and/or criminal liability.
7. WARRANTY DISCLAIMER. THE SITE AND ALL SERVICES AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE SITE OR SERVICES IS AT CLIENT'S SOLE RISK. SPECIFICALLY, BUT WITHOUT LIMITATION, THE COMPANY DOES NOT REPRESENT OR WARRANT, AND DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, PENALTY OR DAMAGE OF ANY KIND WHATSOEVER RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: (i) ANY ERRORS IN OR OMISSIONS FROM THE SITE AND ITS CONTENT, SERVICES, OR ANY DATA, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES, NOT UP TO DATE INFORMATION, OR TYPOGRAPHICAL ERRORS; (ii) THE UNAVAILABILITY OR UNINTERRUPTED USE OF THE SITE OR ANY OF THE SERVICES; (iii) DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS ON THE SITE OR THE SERVER THAT MAINTAINS THE SITE; (iv) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH HYPERLINKS CONTAINED IN THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS THEREFROM; AND (v) YOUR USE OF THE SITE, OR ANY SERVICES, OR DATA. FURTHER, THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO ANY RESULTS, ECONOMIC OR OTHERWISE, THAT MAY BE OBTAINED BY USE OF THE SITE, SERVICES, OR ANY DATA. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.
8. LIMITATION OF LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ANY RELATED ENTITIES SHALL NOT BE LIABLE FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURE OF DELIVERY OF SERVICE, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNLAWFUL USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, tort (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), PRODUCT LIABILITY, OR UNDER ANY OTHER CAUSE OF ACTION OR THEORY or form of action, EVEN IF COMPANY AND ANY RELATED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) SERVICE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL THE COMPANY OR ANY RELATED ENTITY BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF THIS AGREEMENT, THE USE OR INABILITY TO USE THIS SITE, THE MATERIALS OR ANY SERVICES, THIRD PARTY PRODUCTS OR SERVICES, WEB SITES LINKED TO OR FROM THIS SITE, OR FOR ANY BREACH OF WARRANTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE THAT YOU WILL NOT HOLD THE COMPANY OR ANY RELATED ENTITY RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THIS SITE, THIRD PARTY PRODUCTS OR SERVICES, OR WEB SITES LINKED TO OR FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY SERVICE PROVIDERS AND ADVERTISERS, THOSE WITH WHOM THE COMPANY CONTRACTS TO OPERATE VARIOUS PORTIONS OF THIS SITE, AND THOSE TO WHOM THE COMPANY PROVIDES LINKS FOR CONTENT, ADVERTISING AND/OR ANY OTHER TYPE OF DATA OR INFORMATION.
ANY RELIANCE UPON ANY ADVISE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OR OTHER MATERIALS ACCESSED THROUGH OR OBTAINED BY MEANS OF THIS SITE.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO OBTAIN A REFUND OR CANCELLATION, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF COMPANY AND ANY RELATED ENTITIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) SERVICE SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU OR ONE HUNDRED DOLLARS ($100.00) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO COMPANY, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.
BY ACCESSING THIS SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
9. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) INCURRED BY THEM IN CONNECTION WITH ANY CLAIM, THREATENED CLAIM, DAMAGES, OR OTHER LOSS ARISING OUT OF YOUR BREACH OF THESE TERMS OF USE OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS CONTAINED HEREIN OR A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THIS SITE OR THE SERVICE AND/OR YOUR USE OF THE MATERIAL IN VIOLATION OF THESE TERMS OR FOR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS. YOU WILL COOPERATE AS FULLY AS REASONABLY REQUIRED IN DEFENSE OF ANY SUCH CLAIM. THE COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF THE COMPANY.
10. COMMENTS AND INQUIRIES. Any response from the Company to any inquiries are for information and educational purposes only and should not be interpreted as advice of any type.
11. NOTICES. Communications made through this Site or the Site's e-mail or messaging system shall in no way be deemed to constitute legal notice to the Company or any of its officers, employees, agents or representatives, such as where notice to the Company is required by contracts, or any Government laws, rules, or regulations.
All legal notices should be directed to our corporate address “Corporate Address”:
LicenseStudyGuide.com
Attn: Legal Department
364 2nd Street, #1
Encinitas, California 92024
12. COPYRIGHT INFRINGEMENT. We respect the intellectual property of others, and we ask you to do the same. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. If you are a copyright owner or an owner's agent and find any content on the Site that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). Company has adopted a policy that provides for the immediate suspension and/or termination of any Site user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information in writing: (A) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (B) 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; (C) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (D) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (E) a statement 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 (F) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s Corporate Address, provided above.
13. PRIVACY POLICY. We respect your privacy. A complete statement of our current Privacy Policy can be found by clicking here. The Company's privacy policy is expressly incorporated into this Agreement by this reference.
14. TERMINATION. Either you or we may terminate your access to the Site at any time, with or without cause, and with or without prior notice. If you want to terminate your legal agreement with us, you may do so by notifying Company at our Corporate Address. Without limiting the foregoing, we may terminate your access if you violate this Agreement. Upon termination for any reason, your right to access and/or use our Site will immediately cease. Upon termination, you will have no further access to, and we may delete, any information, files, or materials in or related to your account. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access to the Site and to your account and/or as a result of the deletion of any information, files, or materials in or related to your account.
Upon any termination, discontinuation, or cancellation of your account or products or services that you purchase through the Site, all provisions of this Agreement which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions. Upon any termination of your account by you or us, you will continue to be obligated to pay all amounts owing under this Agreement, which are due and payable prior to such termination and related to any products or services that you purchased through the Site.
15. GOVERNING LAW. You agree that all matters relating to your access to or use of the Site, including all disputes, are governed by and construed in accordance with the laws of the United States and the State of California, without regards to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of San Diego, California, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
16. DISPUTE RESOLUTION.
A. Binding Arbitration. Except as specifically stated herein, any dispute or claim between you and Company arising out of, relating in any way to, or in connection with this Agreement, the Site, the Services or any other products, goods, services, or other materials offered or distributed through the Site (“Dispute(s)”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court. By virtue of this Dispute Agreement (defined below), you and Company are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this subsection (A) or subsection (D). The provisions of this section shall constitute your and Company’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“Dispute Agreement”). Any modification to this Dispute Agreement shall be in writing and signed by you and Company. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA’s Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org or by calling (800) 778.7879. The arbitrator will apply and be bound by these Terms of Use, apply applicable law and the facts, and issue a reasoned award.
To begin an arbitration proceeding, you must comply with the limitations provision set forth in subsection (E) and send a letter requesting arbitration and describing your claim to our Corporate Address. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Company will reimburse those fees for Disputes totaling less than $10,000 unless the arbitrator determines the Dispute is frivolous. Likewise, Company will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the Dispute is frivolous. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary.
B. No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding, or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
C. Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, you agree that any such Dispute may only be instituted in a state or federal court in San Diego County, California; (ii) you and Company irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) you and Company agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of California, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes; and (iv) you and Company agree to waive any right to a trial by jury.
D. Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates Section 6 (Prohibited Actions) of this Agreement.
E. Time Limitations. If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.
F. Severability. With the exception of subsection (B) above, if any part of this section is ruled to be unenforceable, then the balance of this section shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. If subsection (B) above is ruled to be unenforceable, then subsection (A) shall be deemed unenforceable, but the rest of this section shall remain in full effect.
17. JURY TRIAL AND CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE THE RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE, OR YOUR ACCESS AND USE OF THE SITE. YOU FURTHER AGREE THAT ANY AND ALL DISPUTES OR CONTROVERSIES BETWEEN YOU AND COMPANY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND SHALL NOT BE CONSOLIDATED WITH THE CLAIMS OF ANY OTHER PARTIES. YOUR WAIVER OF THE RIGHT TO BRING ANY DISPUTE AS A CLASS ACTION SHALL NOT BE DEEMED UNENFORCEABLE EVEN IF THE GOVERNING STATE LAW WOULD OTHERWISE PERMIT THE ACTION TO BE FILED AND PROSECUTED AS A CLASS ACTION.
18. MODIFICATION OF TERMS. The Company reserves the right to revise this Agreement at any time by updating this posting. Your continued use of the Site constitutes your agreement to comply with such revisions; therefore, you should visit this page from time to time to review the then-current Agreement. This Agreement and any modifications thereto are valid and binding upon you.
19. SEVERABILITY/WAIVER. If a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. To the extent that anything in or associated with this Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
20. CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
21. INTERNATIONAL USE. We control and operate the Site from our offices in the State of California, United States of America, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Those who choose to access the Site from outside the United States do so voluntarily and are responsible for compliance with their local laws.
22. CALIFORNIA USERS – CONSUMER RIGHTS NOTICE. Under California Civil Code Section 1789.3, users of the Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You may also contact us in writing regarding any inquiries, questions about pricing, or complaints by mail at our Corporate Address.
23. ACKNOWLEDGEMENT. BY ACCESSING THIS SITE OR USING THE INFORMATION OR SERVICES AVAILABLE THROUGH THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND THEREBY.
Last revised March 29, 2018.