PLEASE READ CAREFULLY BEFORE USING THIS Website AND THE SERVICES PROVIDED THROUGH IT. BY ACCESSING AND USING THIS WEBSITE AND THE ASSOCIATED SERVICES, APPLICATIONS AND TOOLS, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN (THE “TERMS OF USE”), INCLUDING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY PROVISIONS BELOW. THIS CONTRACT CONTAINS A MANDATORY ARBITRATION PROVISION THAT DISALLOWS CLASS ACTIONS, A CLASS ACTION WAIVER PROVISION, AND A JURY WAIVER PROVISION. IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE OR THE SERVICES PROVIDED THROUGH IT.
THE SOLE PURPOSE OF THE WEBSITE IS TO SHARE INFORMATION WITH A PROFESSIONAL AND BUSINESS AUDIENCE WITH AN AIM TOWARDS INCREASING DIVERSITY IN THE BOARD ROOMS OF THE UNITED STATES. ANY OTHER USE IS PROHIBITED. IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE OR THE SERVICES PROVIDED THROUGH IT.
Grant of Rights
Take Your Seat and its subsidiaries and affiliates (collectively, “Company”) through this Website and related computer servers (the “Website”) provides services, including but not limited to member profile pages and interactive services (including the ability to submit links, comments, content, text, images, and audio and visual recordings), email forwarding, classified advertising, and links to third-party Websites (the “Services”), to each member registered to use the Website (“You”). Members (who may also be called Users) may include Candidates (individuals seeking consideration for Board Room Positions), Boards (businesses interested in recruiting diverse candidates for Board Room Positions), and Recruiters (other groups or agencies interested in obtaining information about Candidates and Boards for recruiting or placement purposes). Different access and services may be provided to each category, and different levels of access and services may be provided within each category. Subject to these Terms of Use, Company grants You a limited, non-exclusive, terminable, non-transferable license to access and use the Services. The Website, including any updates, enhancements, and/or new features, are subject to these Terms of Use. All rights not expressly granted pursuant to the Terms of Use are reserved to Company, and all uses of the Website and Services not expressly permitted hereunder are prohibited.
Content
As between You and Company, the Website, the Services, and any associated applications, tools or data, and all additions, modifications and improvements made or specified by Company, its agents or contractors, are the property of Company, and are protected by United States and international copyright and trademark law. By using the Website, or Services as permitted hereunder, You do not gain any ownership interest in the Website or the Services.
Company does not, and assumes no obligation to, control or verify the content, including but not limited to postings, text, code, images, audio, video, binary files, webinars, Member profiles and identities, Member-submitted information of any kind, resumes, advertisements, accounts, account information, messages or any other communication, or any compilation, interpretation, or modification of content (collectively, “Content”), posted, delivered, exchanged, or provided by or using the Website or Services. Company does not represent or warranty the accuracy or completeness of any of the Content, including Content created, compiled, interpreted, formatted, translated, reproduced, or otherwise provided or edited by Company or any other person. Nevertheless, Company may, in its discretion, modify, remove or restrict (in whole or in part), any Content.
By posting, uploading, inputting, providing or submitting (collectively, “Posting”) Content, You grant Company, its affiliates and necessary sublicensees, and other registered Users, permission to use that Content in connection with the Website and its Purpose, and, in Company’s case, its general operations, including, without limitation, the license rights to: compile, organize, copy, distribute, transmit, offer and make available, publicly display, publicly perform, reproduce, edit, translate, and reformat the Content and the right to sublicense such rights to any person, with or without attribution. By posting Content, You warrant that you own or otherwise control all rights to such Content as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such Content.
You agree that should you use or rely on any Content, Company shall not be liable for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Company does not assume any responsibility for review or enforcement or any local licensing requirements that may be applicable to Users or their affiliated businesses.
OWNERSHIP OF THE WEBSITE AND ITS CONTENTS AND ASSOCIATED TRADEMARKS
Take Your Seat is the business name and a trademark of Company. The brands, logos and names of specific products or services provided by Company or third parties are owned by Company or those third parties. The Content of the Website, including postings originated by Company or its providers, and related artwork, graphics and photographic or audiovisual works, are protected by copyright and owned by Company or third parties who provide such content to Company. Except as permitted under U.S. Copyright laws, the Website and its contents may not be copied, reproduced, republished or sold, posted, transmitted, distributed, modified, or used for the creation of derivative works without Company’s or applicable third parties’ prior written consent. Company, to the extent it owns such rights, grants User a non-exclusive, non-transferable, limited license to access, display and/or download a limited and temporary amount of content and pages available within the Website, solely on User’s computer and for User’s individual use. Except for the permission expressly granted above to access, display, copy and download the Company content and pages available within the Website, Company reserves all rights in the Website and its contents. User may not “mirror” any content or information contained on the Website without Company’s prior written consent. User may not create links to the Website from other sites without Company’s prior written consent and compliance with all applicable laws.
User understands that user-submitted Content is not confidential and Company will be free (without compensation to User) to use or disseminate such Content on an unrestricted basis for any purpose. [BM3]User agrees that user-submitted Content may be published, displayed, copied, distributed, downloaded, or transmitted by Company or other Website participants, except as prohibited herein, and User grants Company and all other Users of the Website an irrevocable, unrestricted, perpetual, worldwide, royalty-free license to use, copy, reproduce, display, publish, distribute, transmit, adapt, modify or use for the creation of derivative works (including in digital form) such Content.[BM4]
Links to Third Party Sites
The Website may provide links that allow you to leave Company’s Website and/or access third party Websites. The linked sites are not under the control of Company, and Company is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Company provides these links only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site.
When you click on advertiser banners, sponsor links, or other external links from the Website, your browser automatically may direct you to another Website that is not hosted or controlled by Company. Company is not responsible for the content, functionality, or technological safety of any external Website. You acknowledge and agree that your use of these linked Websites is subject to different terms of use that those governing the Website and Services and such linked Websites may be subject to different privacy practices that those set forth in the Privacy Policy governing the Website and Services.
Although Company is under no obligation to do so, Company reserves the right to disable Website links to or from third-party Websites. This right to disable links includes links to or from advertisers, sponsors, and partners.
Member Account Profile; Use of Passwords; Internet
Anonymity is contrary to the purpose and professional dialogue intended for this Website. Accordingly, a Member profile must disclose the Member’s correct, legal name, which will also be displayed with Content provided by the Member. Profiles or Content using fictious or assumed names (other than registered business names) or that otherwise obscure or mislead as to identity or source are prohibited. Although Company is under no obligation to do so, Company reserves the right to suspend, disable, or delete any Member account, profile, or content where a Member violates this policy.
You must have a valid username and password for the purpose of accessing the Website, Content, and Communication Services. Such username and password shall be used only by you and shall not be shared or transferred. Choose your username and password wisely—you are required to disclose your identity in your profile, so you should not choose a username or password that is readily guessed from your identity or other Content you may provide. You are entirely responsible for maintaining the confidentiality of your username and password. You will be entirely responsible for activities that occur under your account. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. You agree to ensure that you properly exit from your Website session at the end of each visit to the Website. Company will not be liable for any loss that You may incur from someone else using or accessing your password or account, either with or without your knowledge.
Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to (a) comply with any applicable law, regulation, legal process, or governmental request; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Company, other registered users, or the public.
Company does not guarantee the security of any information transmitted to or from any user over the Internet, including through e-mail. Access to the Internet, if employed, is your sole responsibility and the responsibility of the internet provider(s) you select. Company does not accept any responsibility for failure of service due to Internet facilities, including related telecommunications or equipment.
Promotion
Company does not endorse and is not responsible or liable for any advertising, products, goods, or services available from or promoted by any User (collectively, “Promotions”), including those Promotions for which a User has paid Company a fee in exchange for a featured position on the Website. You agree that should You use or rely on any Promotions, Company shall not be liable for any damage or loss caused or alleged to be caused by or in connection with such use or reliance.
Your correspondence or dealings with, or participation in Promotions of, any User (the “Sponsor”), including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are between You and the Sponsor exclusively and do not involve Company. You assume all risks arising out of or resulting from your transaction of business over the Internet or otherwise, and you agree that Company is not responsible or liable for any loss or result of the presence of such Promotion on the Website.
ADDITIONAL TERMS FOR MEMBERS RUNNING PROMOTIONS
1. Compliance with Laws:
You acknowledge and agree that the Company merely helps You create and publish your Promotions and that the Website and Services provide no safeguards that ensure that You operate your Promotion properly or legally. You specifically acknowledge and agree that ALL TOOLS, INCLUDING SAMPLE RULES AND MODEL FORMS, ARE MADE AVAILABLE BY COMPANY FOR YOUR CONVENIENCE AND REFERENCE, BUT WITHOUT ANY WARRANTY THAT USING THEM WILL COMPLY WITH THE LAW. TO THE CONTRARY, THE LAW REGARDING SWEEPSTAKES, CONTESTS AND PROMOTIONS VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY; IT IS YOUR RESPONSIBILITY TO CONSIDER THE LAWS IN THOSE JURISDICTIONS IN WHICH YOU WILL OPERATE YOUR PROMOTION AND/OR SOLICIT OR ACCEPT ENTRANTS TO ENSURE THAT IT MEETS APPLICABLE LEGAL REQUIREMENTS.
You represent, warrant, and covenant that you will comply with all applicable laws, rules, and regulations in the creating, advertising, marketing and operating your Promotion(s); and you acknowledge and agree that COMPANY HAS NO RESPONSIBILITY WHATSOEVER REGARDING YOUR PROMOTION’S COMPLIANCE WITH THE LAW. You further represent, warrant, and covenant that You will comply with all statements and promises made to entrants, except to the extent these violate the law.
2. Additional Indemnity:
You agree to indemnify, defend and hold harmless the Company Group (defined below), from any and all third-party claims, losses, liability, damages and/or costs (including attorneys’ fees and costs) arising from your use of the Website and Services, your violation of these Terms of Use or any other agreement between you and Company, your actual or alleged violation of any law, rule, or regulation associated with your Promotion(s), and/or infringement by You or any entrants in your Promotion(s), of any intellectual property or other rights of any person or entity. Company will notify You promptly of any such claim, loss, liability, or demand, and will provide you with reasonable cooperation, at your expense, in defending any such claim, loss, liability, damage or cost. These Terms of Use will inure to the benefit of Company’s successors, assigns and licensees.
3. Data Storage:
Company may take steps to backup data. However, because the success of this process depends on equipment, software and services over which Company has limited control, you agree that Company has no responsibility or liability for the deletion or failure to store any data or other Content or communications related to a Promotion or otherwise maintained or transmitted by the Website or Services. You acknowledge that Company may have set no fixed upper limit on the number of transmissions you may send or receive through the Website or Services or the amount of storage space used; however, Company retains the right, at its sole discretion, to create limits at any time with or without notice.
4. Interruption:
Company may, from time to time, need to interrupt the Services for maintenance and other operational reasons, as determined in its sole discretion. You shall not receive any compensation or refund for such interruptions, and you hereby release and agree to defend, indemnify, and hold harmless the Company Group from and against any and all claims, costs (including without limitation attorneys’ fees), injuries, losses, or damages arising in connection with such interruptions.
ADDITIONAL TERMS FOR INDIVIDUALS PARTICIPATING IN PROMOTIONS
1. Access to Personal Information:
Sponsors may ask you for certain personal information when you complete the entry form for a Promotion (name, address, gender, date of birth, etc.). Providing this information is optional, but if you choose not to enter the information required by the Sponsor you may not be eligible to participate in the Promotion. Please see each Sponsor’s Promotion rules for entry requirements and other important details. If you provide personal information when completing the entry form for a Promotion, both the Sponsor running the Promotion and Company can view that personal data. Sponsors may also provide your personal information to parties assisting with its Promotion (e.g., providers of prizes); so please review each Sponsor’s Promotion rules and privacy policy for details.
2. Rules of Promotion:
Each Sponsor who runs a Promotion is responsible for providing its own Promotion rules, terms, and conditions, and ensuring the Promotion complies with applicable laws, rules, and regulations. A link to the rules and terms and conditions for each Promotion is provided in the Promotion entry form. You will normally be required to agree to these rules, terms and conditions before You can enter a Promotion, so it is important You review them carefully before consenting. You agree that Company shall not be responsible or liable for any Sponsor’s or other third party’s compliance or non-compliance with its rules, terms or conditions or with applicable laws, rules, or regulations. All such matters are solely between You and the Sponsor offering the Promotion.
Communications from Company
You consent to receive communications from Company electronically. Company will communicate with You by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that Company provides to you electronically shall satisfy any legal requirement that such communications be in writing.
Company may periodically contact You for customer service purposes. By accessing the Website or Services, You consent to receive such communications. Your participation in such customer service initiatives shall be entirely voluntary. Company shall keep any personally identifiable information obtained through such initiatives confidential, except as required by law. Company may use, in the aggregate, any information gained through such customer service initiatives that is not personally identifiable in its marketing or sales materials and initiatives.
Use of Website and Services
You agree, as a condition of use of the Website and Services, not to use the Website or Services for any purpose that is unlawful or prohibited by the Terms of Use. You agree to use the Website and Services only to post, send and receive messages and Content that are proper. By way of example, and not as a limitation, you agree, when using the Website and Services, not to:
• Use the Website or Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Create a false identity for the purpose of misleading others.
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material, or information.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
• Use any material or information, including images or photographs, which are made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Download any file posted by another registered user that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Copy, reproduce, alter, modify, transmit, perform, create derivative works of, publish, sub-license, distribute, or circulate the Website or the Services.
• Restrict or inhibit any other registered user from using and enjoying the Website or Services.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Systematically download or create distribution “libraries” of any of the Content.
• Transfer, sell, rent, display, or exhibit any of the Content to any third party who is not a registered user of the Website.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Website or other user or usage information or any portion thereof.
• Obtain or attempt to obtain any Content or information regarding Users of the Website through any means not intentionally made available through the Website or Services.
• Attempt to gain unauthorized access to any part of the Website, other accounts, computer systems or networks connected to any Company server or to any part of the Website, through hacking, password mining or any other means.
• Use the Website in any manner that could damage, disable, overburden, or impair any Company server or other property, or any network(s) connected to any Company server.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
• Disassemble, decompile, or reverse engineer the software used to provide the Website, or use a robot, spider, or any similar device to copy or catalog the Content or any portion thereof.
• Take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the Website’s or Services’ control or security systems, or allow or assist a third party to do so.
You may download copies of the Content strictly for personal use, but You shall not, in any way, edit any of such downloaded Content. Content uploaded to the Website may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if You download the Content.
Notice Specific to Software Available with the Website
Any software that is made available to download from the Website (“Software”) is the copyrighted work of Company and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). In some cases, you may be unable to install any Software that is accompanied by or includes a License Agreement, unless You first agree to the License Agreement terms.
The Software so provided is made available for download solely for use according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in civil and criminal penalties. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE RESTRICTED RIGHTS LEGEND.
Any Software which is downloaded from the Website for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software—Restricted Rights at 48 C.F.R. §§ 52.227-19, as applicable.
You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any country that is subject to U.S.A. export control regulations.
Data Exchange Policies
Our Services may facilitate or relate to the creation of databases (searchable or otherwise) and the exchange of various data between Users. For example, a Candidate’s resume and other information may be compiled into a searchable database available to Recruiters or Boards. Or, Users may use the Services to transmit messages and exchange data. Company only facilitates the searching or exchanging of information, messages, or other data provided by Users and has no responsibility for the completeness or accuracy of a search or exchange or the information, message, or other data itself. Users exchanging information must comply with all Company policies, including without limitation those regarding intellectual property, confidentiality, and privacy. It is the User’s responsibility, not the Company’s, to avoid participation in the breach or infringement of any person’s rights.
Privacy Policy
We believe that maintaining privacy on the Web is very important and hope you will read this Privacy Policy carefully so that you will clearly understand both our commitment to you and your privacy and our method of collecting and using information.
This Privacy Policy only applies to transactions made, and data gathered, on this Website and associated email service, and does not apply to any other website.
By using this Website, communicating with us by email, or by otherwise submitting personal information to us, you agree to the terms of this Privacy Policy; you give your consent to the collection, storage and use of personal information as explained in this Privacy Policy.
The term “personal information” refers to non-public information that personally relates to or identifies you, such as your name, password, age, gender, email address, postal mailing address, zip code, home/mobile telephone number, Social Security number and/or taxpayer identification number, and other similar information). If we combine or associate information from other sources with personal information that you provide directly to us through or in connection with our services, we will treat the combined information as personal information in accordance with this Privacy Policy.
Other information not treated as personal that may be collected on the Website may include, without limitation, website pages viewed, sites visited before visiting this Website, frequency of visits, clickstream data, browser type, operating system, organization name, articles, internet connection speed, presentations viewed, time spent viewing pages of our website or using certain features of our website, demographic data such as server locations, clickstream data, location services, server location, cookies existing on your computer, search criteria used and results, date and time of access or visits to our website, frequency of visits to our website, connection speed, and other information which does not specifically identify you.
OUR PLEDGE TO YOU
We use commercially reasonable best efforts to maintain the confidentiality, integrity and security of our users’ personal information. Keeping user information secure, and using it only as our users agree, are matters of principle for all us. With this in mind, here is our commitment to each user:
• We will restrict employee access to user information to those who need to know in order to provide services to you;
• We will educate our employees according to our internal policies to reinforce the importance of confidentiality and client and user privacy;
• We will maintain commercial reasonable and customary security standards and procedures to protect information about you; and
• We will respond quickly to your request to correct inaccurate information.
UPDATES AND CHANGES TO PRIVACY POLICY
We may revise our Privacy Policy at any time. In the event of a change in this Privacy Policy, a revised Privacy Policy will promptly be posted to our Website, and the “Updated” date will be changed. Please revisit this page to familiarize yourself with changes to the Privacy Policy. You agree to accept posting of a revised Privacy Policy as described herein as actual notice to you of such revised Privacy Policy. Your continued use of our Website after such posting constitute consent to the collection and use of your information as described in the then-current Privacy Policy.
HOW AND WHY WE GATHER INFORMATION
When you register for an account for use of this Website or at any later time, we collect certain personal information from you to open an account, transact business, communicate with you, verify your identity and fulfill legal and regulatory requirements. We call this your “Profile.” From time to time, we may request additional information (e.g., through surveys) to help us further assess your needs and preferences. If you choose to provide such information, during registration or otherwise, you are giving us permission to collect, store and use it consistent with this Privacy Policy.
We may also obtain your personal information from your transactions with us or other users through the services provided through this Website, or from third parties such as credit reporting agencies.
EMAIL COMMUNICATIONS
We regularly send email newsletters to our registered users. Registered users may subscribe or unsubscribe to an email newsletter at any time by changing their email preferences. On occasion, we may send emails to individuals such as registrants and members who have provided us with their email address, informing them of events or promotions we think might be of interest to them. We also send promotional emails to customers and those individuals who have requested a catalogue or email. Email recipients may always opt out of any email category at any time by following the unsubscribe instructions included in the email message.
“Email a Friend”: If you use the Website’s “Email a Friend” feature, your friend’s email address will not be retained on our Website or used in any way by us.
Emailing Us: We try to respond to email messages requiring a response in accordance with our internal policies. If you email us, your message and email address will be forwarded to the appropriate department within our business. We may choose to save this information. We are pleased to hear from you. However, any message, material, business information, ideas, concepts or other information sent to us by email will be treated as non-confidential and non-proprietary, and we will not be liable for delays or omissions in receiving or responding to email.
COOKIES AND BEACONS
When you visit the Website, whether or not you register for an account, we may send one or more cookies. “Cookies” are small text files containing a string of alphanumeric characters that may be placed on your web browser. Cookies make it easier for you to navigate our Website by, among other things, “remembering” your identity so that you do not have to input your password multiple times as you navigate between webpages on the Website and/or as you access the Services. This use of cookies for authentication (i.e., verifying that you are who you say you are) is an essential component of site security. You can set your web browser to inform you when cookies are set or to prevent cookies from being set.
A “web beacon” is typically a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a site or in an email which allows the website to record the simple actions of the user opening the page that contains the beacon.
“Server logs” can be either a single log file or several log files automatically created and maintained by a server of activity performed by the server, which can include information about any transaction you conduct with the server.
Please note that if you decline to use cookies, you may experience reduced functionality or slower site response times. Declining to use our authentication-related cookies may prevent you from using the Website altogether. You may also clear cookies from your computer via your web browser settings. You may also wish to use a Google Analytics opt-out web browser add-on. Information on this option is available at: http://support.google.com/analytics/bin/answer.py?hl=en&answer=2700409.
We or our service providers may also collect web surfing data related to your use of our services (e.g., information regarding which of our web pages you access, the frequency of such access, and your product and service preferences). This may be accomplished by using cookies, web beacons, page tags or similar tools. Such web surfing data may include your Internet Protocol (IP) address, browser type, internet service provider (ISP), referring or exit pages, click stream data, operating system and the dates and times that you visit the Website. Web surfing data and similar information may be used: for administrative purposes; to assess the usage, value and performance of our online products and services; and to improve your experience with our services.
HOW INFORMATION HELPS BOTH YOU AND US
Information about you plays a key role in our ability to succeed in this mission. It also helps us service your accounts and administer our business. For example, we use information about you to:
• Provide you with the services available through the Website;
• Establish and set up your account, issue an account number, and maintain your transaction history;
• Respond more accurately and efficiently to your requests;
• Identify opportunities to give you more convenience and control by developing new services that may benefit you;
• Verify your identity and contact information to help protect you and us from fraud;
• Comply with certain legal and regulatory requirements.
We generally use the information that you provide or that we collect to establish and enhance our relationship with you, and to operate, maintain, enhance, and provide our services and the Website. We may use such information to periodically provide you with information, newsletters or offers about features and services available through our services that may be of interest to you. We may also send information or offers to groups of Users on behalf of other Users or third parties. However, you will have the option to opt out of receiving such information.
We use aggregated information provided by or collected from our users to understand and analyze the usage trends and preferences of our users, to improve the way our services and the Website work and look, and to create new features and functionality. We may use aggregated information about our Users’ investments to generate statistics and maps that we deem helpful in the provision of our services or any part thereof. We do not and will not sell analytics that identify personal information of our users without written consent from the user.
SOCIAL MEDIA FEATURES
You can log in to the Website using services such as Linkedin or Facebook Connect. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Website to your profile page to share with others within your network.
Our Website may also include Social Media Features such as the Facebook Like button, Twitter, and share buttons. These Features are interactive mini-programs and may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these Features are governed by the Privacy Policy of the company providing them.
HOW AND WHY OUR COMPANY DISCLOSES YOUR INFORMATION TO THIRD PARTIES
We limit the sharing of personal information outside our Company. We do not sell, license, lease, or otherwise disclose your personal information to third parties, except as noted below:
• Keep in mind that the purpose of this Website is to promote diversity in Board Rooms in the United States. We may share information about you with anyone in the pursuit of that mission. For example, we may provide Candidate data to current or potential Boards and Recruiters, and vice versa.
• Keep in mind that your profile, postings, and other content and other information you provide can be accessed by other Users. We do not guarantee that other Users will comply with our policies about the use of that information, and we do not assume any responsibility to police the use of your information.
• We may disclose your personal information when such disclosure is legally required or appropriate pursuant to any court orders, subpoenas or any regulations, including responding to court orders and subpoenas, cooperating with government agencies, other regulatory bodies, and law enforcement officials, performing background checks, resolving disputes or performing risk-management functions.
• We may share personal information with our affiliates, and other companies and organizations who perform work for us under contract or sell products or services that complement our products and services.
• To help us improve our services, we may engage third parties to help us to carry out certain internal functions such as information management, account processing, client services, or other data collection relevant to our business. Examples of the types of outside companies with which we may share information include non-financial companies that perform services for us, such as data processing, and companies that perform reporting, tax documentation, custody or escrow services on our behalf. Use of any personal information we share with these third parties is limited to the performance of the task we request. The third parties with which we share personal information are required to protect it in a manner similar to the way we protect your personal information.
• We may make certain automatically collected information about your interactions and activities on our services, such as the business areas of interest to you, and your past activities, projects or proposals, publicly available on or through the services. Any such publicly available information will be accessible by other users.
• In the event that our Company is acquired by or merged with a third-party entity, we reserve the right to transfer or assign the information that we have collected from users as part of such merger, acquisition, sale, or other change of control. In such cases, we will provide you notice before your personal information is transferred to and becomes subject to the Privacy Policy of a different entity.
• We may also disclose your information as necessary to credit reporting or collection agencies, or when necessary to protect our rights or property.
We further reserve the right to disclose any of your personal information as we believe appropriate or necessary to take precautions against liability, to investigate and defend against any third party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the services, or to protect the rights, property or personal safety of our Company, our users, or others.
We may also use and disclose personally identifiable information and non-personally identifiable information: to investigate and help prevent potentially unlawful activity or activities that threaten the integrity of our website or network; to protect and defend our rights or property or the rights or property of others; as required by courts or administrative agencies; and in connection with a financing, sale, merger, or reorganization of our business or assets. Any successor in interest to our business would acquire the information we maintain, including personally identifiable information, and may alter the terms of this Privacy Policy.
We do not and will not sell any of your information, including non-personally identifiable or personally identifiable information, to any third party for purposes of advertising, soliciting, or telemarketing. We may use a third party service to collect anonymous visitor information like IP addresses, browser types (such as Internet Explorer, Chrome, Firefox, Safari, Opera, Edge, etc.), referring pages, pages visited and time spent on a particular service or feature. We collect this information for statistical analysis of web page traffic patterns; to administer our service and servers; to allow for auditing of our services by some third parties who have that right; and for internal purposes to make marketing decisions.
OUR PRIVACY POLICY DOES NOT APPLY TO THIRD-PARTY ACTIVITIES OR SITES
The Website may provide links to third-party websites for your convenience and information. If you access those links, you will leave our Website. Any information submitted by you to a third party, will be controlled by that third party’s Privacy Policy, which may differ from our own. This Privacy Policy does not cover the collection of information by cookies or other methods by such third party services or other third parties, such as our business partners. We do not control how these third party services or third parties collect information or by what means such third party services or third parties may use their own cookies to collect information about you. We do not endorse, screen, or approve, and are not responsible for the privacy practices or the content of, other websites or services. We encourage you to review the privacy policy of any company before submitting your personal information.
KEEPING INFORMATION SAFE
We limit access to your personal information to those employees who have a legitimate business need to access such information to provide you with our services. In keeping with industry standards and practices, we maintain commercially reasonable physical, electronic and procedural safeguards and controls to protect your information. The Website is built upon a secure infrastructure with multiple layers of protection and we use industry standard encryption technologies to safeguard your information.
We have security standards and procedures in place designed to prevent unauthorized access to your accounts and personal information. A key part of this process helps ensure that all information we have about you is accurate and up-to-date. If you ever discover inaccuracies in our data or if your personal information changes, notify us immediately.
The transmission of information via the Internet is not completely secure, and for this reason we cannot guarantee the security of information sent to us electronically. If we learn of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. We may also post a notice on or through the Website and the Services in the event of a security breach. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
OPT-OUT POLICY
We may at times send you e-mail communications with marketing or promotional materials. If you prefer not to receive such marketing or promotional e-mails from us, you may unsubscribe completely by emailing us at: takeaction@takeyourseat.co.
Please note that opt-out requests may take up to twenty-four (24) hours to process. Please also note that at times we may need to send you e-mail communications that are transactional in nature such as service or termination announcements or payment confirmations which are communications you will not be able to opt-out of.
You will be able to modify the information concerning your account by visiting your profile page and editing any information you wish to change. You will be able to change your e-mail address, password, contact information, or other login information by visiting your account’s settings page subject to our website policy. If you wish to delete your account or need help modifying account information, please contact us at takeaction@takeyourseat.co. We will require up to twenty-four (24) hours to process such requests.
If you would like us to remove your Personally Identifiable Information from our database, please send a request to: takeaction@takeyourseat.co.
We are not responsible for removing your personal information from the lists of any third-party services or other third party who has previously been provided your information in accordance with this notice.
REVIEWING, CHANGING OR CORRECTING INFORMATION
You are solely responsible for helping us to maintain the accuracy and completeness of your personal and other information. We urge you to review your information regularly to ensure that it is correct and complete. If you believe that any of your information is incorrect, or if you have any questions regarding this Privacy Policy, please contact us.
You may, of course, decline to share any or all of your personal information with us or ask us to delete your personal information from our systems at any time, in which case we may not be able to provide to you some of the features and functionality found on or through the Website and the Services.
OUR COMMITMENT TO CHILDREN’S PRIVACY
Our Website is for the use of persons who are seeking or have obtained a degree of education and/or experience that would qualify them for placement on a Board of Directors. By creating an account with Company, you represent and warrant that you are at least 18 years of age (or are a legitimate business seeking Board candidates). We do not knowingly collect personal information on or through our services from persons under 13 years-of-age without their legal guardian’s consent. If we learn that personal information has been collected from persons under 13 years-of-age through our services without their legal guardian’s consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 13 has a registered account with the services or we have received any personally identifiable information of that child without your consent, you may alert us by contacting us.
INTERNATIONAL VISITORS
Our services may be accessed and/or used by users located outside the United States in accordance with our Terms of Use and other policies and procedures posted on the Website. If you choose to use the services from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States and by providing your personal information on or through the Services you consent to that transfer.
SECURITY
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to our Company is done at your own risk.
Once we receive your transmission, we make reasonable efforts to ensure security on our systems. We use firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. All credit card numbers submitted to the site are encrypted using “Secure Socket Layer” (SSL) encryption. SSL technology is an industry standard for protecting sensitive information as it is transmitted over the Internet. To prevent unauthorized access, maintain data accuracy and ensure the correct use of information, we have put in place other appropriate physical, electronic and administrative procedures to safeguard and secure the information we collect online. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.
If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using the service or providing personally identifiable information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of our services. We may post a notice on our Webpage if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
Contact Information
If you have any questions regarding this Privacy Policy, please contact: takeaction@takeyourseat.co.
Update effective January 25, 202.
Changes to Terms of Use
COMPANY RESERVES THE RIGHT TO CHANGE THESE TERMS OF USE FROM TIME TO TIME. SUCH CHANGES WILL BECOME EFFECTIVE WHEN COMPANY POSTS THE REVISED TERMS OF USE AS PART OF THE WEBSITE OR ON ANY RELATED WEBSITE. THE MOST CURRENT VERSION OF THE TERMS OF USE CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPERTEXT LINK LOCATED IN THE HOME PAGE FOR THE WEBSITE. YOU SHOULD CHECK THE TERMS OF USE FROM TIME TO TIME, AS YOU ARE BOUND BY THE TERMS OF USE SO POSTED FROM AND AFTER THE TIME THE CHANGES ARE POSTED. ANY REVISED TERMS OF USE SHALL SUPERSEDE ALL PREVIOUS VERSIONS.
Suspension; Termination
Company may at any time, without notice, and for any or no reason suspend or terminate your access to any or all aspects of the Website or Services and/or disable your login information. Grounds for doing so may include, but are not limited to, legal or regulatory reasons, investigation of suspicious activities, or action by authorities, or if Company has reason to suspect that you are engaged in activities that may violate these Terms of Use, applicable laws, or are otherwise deemed harmful to Company, its network or facilities, or other registered users. Company shall not be liable to you for any suspension of the Website or your access to the Website or Services, regardless of the grounds.
Company may, in its sole discretion, discontinue operation of the Website or Services at any time without reason or advance notice to you. Upon discontinuation of the Website or any Service, (1) all relevant rights granted herein shall revert to Company, (2) all access to and use of the Website or the discontinued Service shall cease, and (3) upon request from Company, you shall erase, delete, or destroy all materials downloaded from the Website.
Disclaimers
THE WEBSITE AND SERVICES ARE PROVIDED AS IS, AND ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RESULTS OR OUTPUT, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THIS AGREEMENT, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, COMPANY ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE WEBSITE AND SERVICES, AND CONTENT ACCESSED THROUGH THE WEBSITE OR SERVICES; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF THE WEBSITE OR THE SERVICES; OR (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF THE WEBSITE OR THE SERVICES. THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW
Limitations of Liability
THE COMPANY GROUP SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON THE WEBSITE OR SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO THE WEBSITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF THE COMPANY GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, INCLUDING NEGLIGENCE. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE OR THE SERVICES; ANY INABILITY TO ACCESS OR USE THE WEBSITE OR THE SERVICES; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE WEBSITE OR THE SERVICES.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF THE WEBSITE OR THE SERVICES.
Indemnification
YOU ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF YOUR POSTINGS, INFORMATION, AND OTHER CONTENT YOU PROVIDE USING THE WEBSITE. YOU REPRESENTS THAT YOU HAVE ALL RIGHTS NECESSARY TO POST THE INFORMATION, CONTENT OR MATERIALS SUBMITTED TO THE WEBSITE WITHOUT VIOLATING THE COPYRIGHTS OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, AND THAT NO SUBMISSION BY THE YOU WILL VIOLATE APPLICABLE LAWS OR THE RIGHTS OF THIRD PERSONS. YOU HEREBY INDEMNIFY AND AGREE TO DEFEND AND HOLD HARMLESS COMPANY GROUP FROM ANY AND ALL CLAIMS ASSERTED AGAINST THEM AND ANY LIABILITY, LOSS, DAMAGE, COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED OR SUFFERED BY THEM IN CONNECTION WITH OR ARISING OUT OF YOUR ACTS OR OMISSIONS OR THE MATERIALS OR INFORMATION YOU SUBMIT TO THE WEBSITE.
Release
You release and waive all claims (known and unknown) and all available rights under any applicable statute or common law principle against Company, its affiliates, agents or content providers, and the directors, trustees, officers, shareholders, employees, consultants, agents, representatives, professional advisors, and contractors of each of the foregoing (the “Company Group”), from any and all claims, damages, liabilities, costs and expenses arising out of your use of the Website and Services. To the extent permitted by applicable law, this release covers all such claims and rights regardless of the negligence of the Company Group.
Reporting Infringement
By accessing and/or using the Website or Services, You agree to report to Company all claims or suspected claims of copyright or other infringement of Company’s intellectual property or other proprietary rights. Claims of infringement should be directed to Company at 1209 Orange Street, Corporation Trust Center, Wilmington, New Castle County, Delaware 19801.[BM11]
If you believe that any information on the Website infringes on your copyright, you should notify Company of your claim in accordance with the following procedures. Company will process notices of alleged infringement in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable copyright laws. The DMCA requires that notification of claimed infringement be in writing and provided to Company’s designated agent of service: The Corporation Trust Company,[BM12] 1209 Orange Street, Corporation Trust Center, Wilmington, New Castle County, Delaware 19801 .
To be effective, the notice of infringement must contain the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing 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 the service provider to locate the material; (4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (5) a statement that the complaining party has 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 (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Miscellaneous.
You agree that no joint venture, partnership, employee-employer, franchiser-franchisee, or agency relationship exists between You and Company or its affiliates as a result of these Terms of Use or your use of the Website or Services. Furthermore, You agree that, except as otherwise provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.
Failure to perform by reason of any law, natural disaster, labor controversy, encumbered intellectual property right, war or any similar event beyond a party’s reasonable control shall not be a breach hereof.
You acknowledge and agree that the Website and Services possess a special, unique and extraordinary character that makes difficult the assessment of the monetary damages that would be sustained as a result of unauthorized use, and that unauthorized use may cause immediate and irreparable damage to Company or other registered users for which Company or such other registered users would not have an adequate remedy at law. Therefore, You agree that, in the event of such unauthorized use, in addition to such other legal and equitable rights and remedies as may be available to Company, Company shall be entitled to injunctive and other equitable relief without the necessity of proving damages or furnishing a bond or other security.
These Terms of Use shall be construed and enforced under the laws of the State of [Governing State][BM13], USA without reference to the choice of law principles thereof.
If any provision herein is unenforceable, then such provision shall be of no effect on any other provision hereof.
No waiver of any breach hereof shall be deemed a waiver of any other breach hereof.
Section headings are provided for convenience only, and shall not be used to construe the meaning of any section hereof.
Dispute Resolution
We Each Agree To First Contact Each Other With Any Disputes
We each agree to first contact each other with any Disputes (defined below) and provide a written description of the problem, relevant documents and supporting information, and the proposed resolution. We agree to contact each other as described in the “Providing Notice to Each Other Under The Agreement” section.
Instead Of Suing In Court, We Each Agree To Arbitrate Disputes
We each agree to arbitrate all Disputes between us, on an individual basis, not on a class-wide or consolidated basis. This agreement to arbitrate is intended to be broadly interpreted. In arbitration, there’s no judge or jury. However, just as a court would, the arbitrator must honor the terms and limitations in the Agreement and can award damages and relief, including any attorneys’ fees authorized by law. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction.
We each also agree as follows:
(1) “Disputes” are any claims or controversies against each other related in any way to or arising out of in any way our Services or the Agreement, including, but not limited to, coverage, Devices, billing services and practices, policies, contract practices (including enforceability), service claims, privacy, or advertising, even if it arises after Services have terminated. Disputes include claims that you bring against our employees, agents, affiliates, or other representatives or that we bring against you. It also includes but is not limited to claims related in any way to or arising out of in any way any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
(2) If either of us wants to initiate a claim to arbitrate a Dispute, we each agree to send written notice to the other providing a description of the dispute, a description of previous efforts to resolve the dispute, all relevant documents and supporting information, and the proposed resolution. Notice to you will be sent as described in the “Providing Notice to Each Other Under The Agreement” section and notice to us will be sent to: 1209 Orange Street, Corporation Trust Center, Wilmington, New Castle County, Delaware 19801. We each agree to make attempts to resolve the dispute prior to filing a claim for arbitration. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we each may submit the dispute to formal arbitration.
(3) The FAA applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions—not state law—govern all questions of whether a dispute is subject to arbitration.
(4) Unless we each agree otherwise, the Arbitration will be conducted by a single, neutral arbitrator and will take place in the county of the last billing address of the Service.
(5) The arbitration will be governed and conducted by (a) a neutral third party arbitrator selected by each of us and based upon rules mutually agreed to by each of us or (b) JAMS. The JAMS rules, including rules about the selection of an arbitrator, filing, administration, discovery, and arbitrator fees, will be conducted under JAMS Comprehensive Arbitration Rules & Procedures. The JAMS rules are available on its Website at www.jamsadr.com. To the extent that this “Dispute Resolution” section conflicts with JAMS’s minimum standards for procedural fairness, the JAMS’s rules or minimum standards for arbitration procedures in that regard will apply. However, nothing in this paragraph will require or allow us or you to arbitrate on a class-wide or consolidated basis.
(6) WE EACH AGREE THAT WE WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION ON A CLASS-WIDE OR CONSOLIDATED BASIS. We each agree that any arbitration will be solely between you and our company (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.
(7) We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to arbitration. However, we will pay for the arbitration administrative or filing fees, including the arbitrator fees. Otherwise the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses, Minimum Standards of Procedural Fairness regarding costs and payment apply.
Exceptions To Our Agreement To Arbitrate Disputes
Either of us may bring qualifying claims in small claims court. In addition, this arbitration provision does not prevent you from bringing your dispute to the attention of any federal, state, or local government agency that can, if the law allows, seek relief against us on your behalf.
No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.