Last Revised: April 4, 2019
BOOK N BRUNCH INCORPORATED together with its subsidiaries and affiliates (“us”, “we” and/or “Company”) welcomes you to www.booknbrunch.com (the “Site”). Please note that you must be thirteen (13) years of age or older to access and use this Site.
Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of this Agreement at any time without incurring any liability or obligation whatsoever to you or any other person or entity. If we do this, we will post the changes to this Agreement at least thirty (30) days before the amendment comes into effect, and will indicate at the top of this page the date this Agreement was last revised. In addition, if you have registered for an account we will provide you notice using email and/or your mailing address, or any other contact information we have for you in our discretion, and setting out the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect. You may refuse the amendment and rescind, or cancel your participation without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, using the information in the notice. To the fullest extent permitted by applicable law, your continued access to and/or use of any Site after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, the terms of this Agreement, as revised.
You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
2. Registration and Account Security
Certain features and/or portions of this Site are password-protected and require you to complete a registration process in order to obtain access to, and/or participate in, BooknBrunch events and other activities. When registering with us to use any such features and/or portions of the Site, you agree: (i) that you will provide complete and accurate information about yourself (and, if you are a host, your event) (and, if you are a venue provider, your establishment); and (ii) to update such information as it changes. In the event that you do not provide or update such information, or we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your password and prevent you from using the Site, or any such features of the Site. It is your responsibility to keep the password provided to you confidential and secure. In the event that your username or password is used without your consent or that you discover any other breach of security, you agree to promptly notify us at email@example.com. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur in connection with your account.
3. Making a Purchase through the Site
Certain features of the Sites may or may in the future allow you to make a purchase. You may only make purchases through the Site if you are over the legal age of legal majority in your jurisdiction of residence. This may include allowing you to purchase a spot at a BooknBrunch event. While you may purchase a spot for a Minor (who, for greater certainty, must be thirteen (13) years of age or older and is subject to the host’s further conditions regarding the minimum age required to attend the event), if you purchase a spot for a Minor you warrant and represent that: (i) you will attend the event with the Minor and will be solely responsible for the Minor’s safety and well-being in connection with the event; and (ii) you are the Minor’s parent or legal guardian (or you have been fully authorized in writing by the Minor’s parent or legal guardian, such authorization to be provided to the Company upon request) such that you agree on the Minor’s behalf (and, if you are not the Minor’s parent or legal guardian, on the Minor’s parent or legal guardian’s behalf) to be legally bound by this Agreement.
Please note that in certain circumstances an event may not proceed and, in such circumstances, we reserve the right in our sole and absolute discretion to cancel your purchase transaction (“ Order”). In the event we cancel your Order, we will notify you, and you will receive a refund in respect of your Order. Unless otherwise indicated, all dollar amounts on the Site are in Canadian Dollars.
All Orders made through the Site are subject to the terms and conditions of this Agreement, as well as any other applicable terms and conditions outlined on the Site relating to the Order (including without limitation as may be stipulated by a third party service provider, such as Amazon.com.ca, Inc., Stripe Payments Canada, Ltd. or their respective affiliates). Pricing and other terms and conditions relating to the purchase, return, refund, or delivery of your Order may be changed at any time without notice. Prices may differ from those for purchases made through other channels. You have a legal obligation to pay for any Orders indicated to be made by you. By completing an Order through the Site, you are agreeing to pay, in full, the prices and all applicable taxes, and, if applicable, the specified shipping and handling and other fees in relation to your Order, either by credit card or other permitted payment method. By completing an Order through the Site, you represent and warrant that you have all necessary legal authorization to use the method of payment you provide.. Payments are processed by a third party service provider (including without limitation Amazon.com.ca, Inc., Stripe Payments Canada, Ltd. and their respective affiliates). With respect to purchases initiated from the Brookstore (which, for greater certainty, are not purchases made from us, but rather are purchases made from Amazon.com.ca, Inc. or its affiliates), please note that we are a participant in the Amazon Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon and affiliated sites.
We reserve the right, in our sole and absolute discretion, to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time. We reserve the right, in our sole and absolute discretion, to change the prices offered on the Site at any time. Payment is made at the time you place your Order. If complete payment for your Order is not received and verified by us, your Order will not be processed. If you do not complete, or if you improperly complete, your Order it may not be accepted or acknowledged.
Except as required by applicable law, Orders made through the Site are non-refundable, except as explicitly outlined on the Site and subject to the applicable terms and conditions outlined on the Site.
4. Our Rights Regarding Orders
Without limiting the generality of any other section of this Agreement, we reserve the right to limit or refuse any Order you place with us. Further, we reserve the right to verify the validity of all Orders and/or cancel any Order if we find evidence of fraud, tampering and/or any other violation of the terms and conditions of this Agreement and/or the terms and conditions applicable to an Order. We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by the same credit card, and/or Orders that use the same billing and/or shipping address.
5. Company Not Responsible for Errors
Information (including, but not limited to, information relating to product descriptions, pricing, promotions, offers, and/or availability) provided by us in relation to the Site are believed to be accurate at the time of publication. Unfortunately, however, there may sometimes be information on the Site that contains typographical errors, inaccuracies, or omissions. We reserve the right, in our sole and absolute discretion, to correct any such errors, inaccuracies or omissions and to change or update information or cancel Orders if any information on the Site is erroneous or inaccurate, at any time and without prior notice (including after you have submitted your Order).
6. Verification of Orders
All Orders are subject to verification at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to us): (i) for the purposes of verifying the legitimacy of any Order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an Order in accordance with our interpretation of the terms and conditions of this Agreement.
7. Code of Conduct
Certain features and/or portions of this Site may (or may in the future) permit you to upload, post or otherwise transmit content that you have created (including without limitation if you are a host or a venue provider) (the “ User Content”).
a. You hereby agree that you shall not use the Site to upload, post, communicate or otherwise submit or transmit through, or to, the Site any User Content that:
i. may, in the sole and absolute discretion of Company, degrade, tarnish or deprecate Company (including without limitation its services) and/or the public image or standing in the community of Company (including without limitation its services);
ii. is deemed, in the sole and absolute discretion of Company, to be defamatory, trade libelous, pornographic or obscene;
iv. contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence (note: if you cannot obtain the consent of an individual appearing in your User Content, then his/her face must be blurred out and voice (if applicable) must be altered so as to be unrecognizable);
v. is in any way disparaging, or might be seen to be disparaging, to Company (including without limitation its services);
vi. infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever;
vii. contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
viii. contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (e.g. photographs, pictures, texts, lyrics, etc.) unless you have first obtained consent from the owner of such materials.
b. You hereby agree that you shall not
use the Site to:
i. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Site;
ii. collect information about others without their consent; and/or
iii. upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available.
c. Further, you hereby agree that you shall not engage in prohibited or unauthorized use of the Site or of Company systems, including, but not limited to, unauthorized entry into the systems, misuse of passwords, or misuse of any information on the Site.
Certain features and/or portions of this Site may (or may in the future) permit you to personally attend BooknBrunch events and other activities (the “Live Events”).
a. You hereby agree that while participating in a Live Event (or any other activity connected to a Live Event) you:
i. will, if you are a Minor, be accompanied by your parent or legal guardian, or someone who has been fully authorized in writing by your parent or legal guardian to accompany you, who will be solely responsible for your safety and well-being in connection with the Live Event;
ii. will not engage in any act that may be deemed, in the sole and absolute discretion of Company, to be defamatory, disparaging or obscene;
iii. will not engage in any act that may be deemed, in the sole and absolute discretion of Company, to be illegal or dangerous;
iv. will respect other participants’ views and opinions and will promote an open and tolerant environment;
v. will not damage, tarnish or otherwise negatively impact third party property;
vi. will not engage in any act that may be deemed, in the sole and absolute discretion of Company, to be harassment, violent, demeaning or vulgar;
vii. will not degrade, tarnish or deprecate Company (including without limitation its services) and/or the public image or standing in the community of Company (including without limitation its services);
viii. will, if you are hosting a Live Event, be solely responsible to ensure a safe and secure environment for all participants (including without limitation Minors);
ix. will, if you decide to consume alcohol (provided you are over the legal drinking age), consume alcohol in moderation and, in any event, you will not consume alcohol and drive or operate any type of vehicle; and
x. will comply with the additional rules, policies and restrictions provided by the host or venue (as applicable).
8. Intellectual Property Rights (Re: Site Content)
The Site consists of various graphics, texts, icons and buttons that have been provided by Company and/or other entities under our direction (e.g. site designers). All such content is owned by Company and/or the applicable third party entity. For greater certainty, Company and applicable third party entities hold all right, title, and interest in and to any and all content provided by such parties for the Site, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names and software (collectively, the “ Site Content”).
Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Site may constitute trade names, registered or unregistered trade-marks or service marks (including without limitation BooknBrunch logos and trade-marks) (collectively, “ Trade-marks”) of Company or other entities. Trade-marks may be registered in Canada and in other countries as applicable. All Trade-marks not owned by Company are the property of their respective owners, and, where used by Company are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on this Site may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with Company ownership of, or any third party’s ownership of, the Trade-marks.
9. License Granted by Site Users to Company (Re: User Content)
Certain features and/or portions of this Site permit you to upload, post or otherwise transmit User Content. By using any such features and/or portions and providing User Content, you (and your parent or legal guardian on your behalf, if you are a Minor) are giving Company permission to forever use any User Content you submit on or through the Site.
By using the Site and providing User Content, you (and your parent or legal guardian on your behalf, if you are a Minor) hereby: (i) grant to Company a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, publish, perform in public, edit, modify, publicly display, distribute, translate and otherwise use and create compilations and derivative works from, any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the Site; and (ii) waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the Site in favour of Company (and any third party authorized by Company to access and use the Site). For greater certainty, this means that, among other things, Company has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.
Without limiting the generality of the foregoing, you (and your parent or legal guardian on your behalf, if you are a Minor) hereby grant to each user of the Site a world-wide, perpetual, irrevocable, royalty-free, non-exclusive license to share any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the Site via any share functionality that may be available on the Site.
10. User Waivers and Representations
By using the Site and providing User Content, you (and your parent or legal guardian on your behalf, if you are a Minor) hereby acknowledge, agree, warrant and represent to Company, its affiliates, third party service providers, representatives, agents and each of their respective and each of their respective officers, directors, employees, licensees, successors and assigns (collectively, the “ Site Parties”) that any and all User Content (in any format or media) you post on, upload to or otherwise submit to or through, the Site:
a. is original to you and that you have obtained all necessary rights in and to the User Content and all of its components (if applicable) to post, upload, or otherwise submit it to or through the Site; and
b. does not violate any applicable law, regulation, industry code or policy;
c. does not violate any third party right and will not give rise to a third party claim; and
Without limiting the generality of the foregoing, you (and your parent or legal guardian on your behalf, if you are a Minor) also hereby acknowledge, agree, warrant and represent to the Site Parties that:
a. you shall be responsible for all acts or transactions that occur in connection with your user account, including, without limitation, for ensuring the accuracy, reliability or completeness of any and all User Content you upload, post or otherwise transmit to or through the Site;
b. we cannot (nor are we required to) guarantee the accuracy, reliability or completeness of any User Content; and
c. we do not generally screen or edit User Content, but that we reserve the right, in our sole and absolute discretion and at any time, although we are under no legal obligation to do so, to monitor, edit or otherwise remove, without any notice and without obligation or incurring any liability, any User Content (or any portion of any User Content) on the Site.
By participating in a Live Event, you (and your parent or legal guardian on your behalf, if you are a Minor) hereby acknowledge, agree, warrant and represent to the Site Parties that:
a. you will comply with all applicable laws and regulations;
b. you are solely responsible for your actions and will not violate any third party rights;
c. in the event you are accompanying a Minor in accordance with the terms of this Agreement, you will ensure his/her safety and well-being in connection with the Live Event; and
d. in the event you are hosting a Live Event, you have taking all necessary measures and precaution to ensure a safe and secure environment for all participants (including without limitation for any Minors that may attend).
11. Indemnification by User
12. Notice of Infringing User Content
While we are under no legal obligation to actively screen or edit User Content, we reserve the right, in our sole and absolute discretion, to modify, edit or remove any User Content, or to request a User to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.
For non-U.S. users, to complain about User Content and/or to provide notice of allegedly infringing materials on the Site, please contact us at: firstname.lastname@example.org
If you are a U.S. user and you believe that User Content contained on the Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. We will process notices of alleged infringement that we receive and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to our designated agent at the following address: email@example.com.
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
· Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· 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;
· 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;
· 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;
· 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
· 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.
13. Disclaimer and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, THE SITE AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SITE PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; (V) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; (VI) THE USE OF THE SITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES; AND (VII) PARTICIPATION IN ANY SITE-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION ANY LIVE EVENT HOSTED BY ANY PERSON OR ENTITY) IS SAFE.
COMMENTS OR OPINIONS EXPRESSED ON THE SITE AND AT LIVE EVENTS ARE THOSE OF THE APPLICABLE PARTICIPANT ONLY. THE VIEWS EXPRESSED ON THE SITE, AT LIVE EVENTS AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF COMPANY. THE SITE PARTIES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, COMMENTS OR OPINIONS EXPRESSED AT LIVE EVENTS AND THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE SITE.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
THE SITE PARTIES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES ARISING FROM, CONNECTED WITH, OR RELATING TO LIVE EVENTS, THE SITE OR PARTICIPATION IN ANY LIVE EVENT OR SITE-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION ANY LIVE EVENT HOSTED BY ANY PERSON OR ENTITY)). YOU EXPRESSLY ACKNOWLEDGE THAT COMPANY HAS ENTERED INTO THIS AGREEMENT WITH YOU (OR, WITH YOUR PARENT/LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE A MINOR) AND MAKES THE SITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU (OR, YOUR PARENT/LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE A MINOR) AND COMPANY. YOU (AND YOUR PARENT/LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE A MINOR) EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Electronic Transmissions
The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. The Site Parties do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the Site, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). In no event will the information you provide on or through the Site be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent. While every effort is made to ensure that all software provided on the Site is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. You should ensure that you have a complete and current backup of the information contained on your computer system prior to installing any such software.
16. Accuracy and Changes
Facts and information provided by Company on the Site are believed to be accurate when placed on the Site. Changes may be made at any time to the information at this Site without prior notice. Please consult Company for complete and up-to-date information on products and services.
17. Governing Law and Arbitration
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. THESE PROVISIONS MAY NOT APPLY TO YOU AND ONLY APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE FOLLOWING PROVISIONS OF THIS SECTION MAY NOT APPLY TO RESIDENTS OF QUEBEC.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
CONFIDENTIALITY: Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties.
NO CLASS ACTIONS: To the fullest extent permitted by applicable law, the parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration the parties waive any right to a jury trial.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH A LAWYER IN DECIDING TO ACCEPT THIS ARBITRATION AGREEMENT.