California residents, please also see the “Note to California Residents” section for additional rights that apply to you.
Information We Collect
Personally Identifiable Information
Voluntary submissions can occur when visitors purchase our coaching services, register for contests, make content submissions, make suggestions or participate in online interactive activities.
For example, you may submit your name, postal address, e-mail address, and/or other information in order to subscribe to one of our mailing lists, receive information about various subjects, register for programs, contact customer service, or respond to surveys.
If you become a customer, we will collect personally identifiable information such as names, addresses, phone numbers, e-mail addresses, certain health and fitness information, and sometimes credit card information when voluntarily submitted by our customers. Most of your customer information is stored in our licensed Seismic software. However, your credit card information is not stored in our system, as it is passed through directly to Stripe for your safety and security.
For customers, please also be advised that our licensed Seismic software program also integrates with MyFitnessPal, so what you put into MyFitnessPal can be accessed through your Seismic customer account. However, no data from MyFitnessPal is actually stored in our system.
Upon enrolling in one of our nutrition coaching programs, you will also be asked to voluntarily submit personal information to us through an online form to help you achieve your health and wellness goals, such as your:
current photographs (such as a current front, side, and back photograph);
physical information (e.g., your current weight, body measurements, etc.);
nutritional information (e.g., types of food you consume, etc.);
activity information (e.g., workout tracking, types of exercises performed, hours exercised, etc.); and
general input (e.g., feedback you provide us about our services or other information you voluntarily submit).
After you have entered Personal Information into a form or data field on the web site, the Company may use certain identifying technologies to allow that web site to "remember" your personal preferences, such as sections of the web site that you use frequently. Company may also use this Personal Information for other business purposes, such as to offer you the opportunity to receive notices regarding our products or services, to invite you to participate in surveys about our products, or to notify you about special promotions.
We may also consolidate the Personal Information of individuals who use the web site. We use this information to help us better design our web site and products, to communicate information to you, to enhance our marketing and research activities, and to facilitate other business functions.
This could be our terms of service for an e-book or free download
By submitting your email address on this web site, you agree to receive email from us. You can cancel your participation in any of these email lists at any time by clicking the opt-out link or other unsubscribe option that is included in the respective email. You can customize your email and other preferences by following the instructions contained in the Section entitled “How To Customize Your Information”. We only send emails to people who have authorized us to contact them, either directly, or through a third party.
By submitting your email address, you also agree to allow us to use your email address for custom audience targeting on sites like Facebook, where we display custom advertising to specific people who have opted-in to receive communications from us. If you wish to stop seeing ads from us on Facebook, you can turn off the ad by using the following steps:
From within Facebook, go to the advertisement you want to turn off.
Click on the drop-down arrow in the top corner of the ad (that may be in the top right corner or top left corner).
Click on "Hide ad".
Other ad platforms we may use in the future have similar ways you can turn off any ad from us to stop seeing it.
In addition, you agree that by submitting your telephone contact information on this web site and/or registering to receive the product and/or service offered herein, such act constitutes a purchase, an inquiry, and/or an application for the purposes of the United States’ Amended Telemarketing Sales Rule (ATSR), 16 CFR '310 et seq., the Telecommunications Act (Canada), and any applicable federal, national, state, provincial and local "do not call" regulations, and as such any subsequent telemarketing communications between you and us are considered exempt telecommunications. We and the specific third-party service providers receiving your data as described herein retain the right to contact you via telemarketing in accordance with the United States ATSR or the Canadian Unsolicited Telecommunications Rules and any other applicable regulations.
Non-Personally Identifiable Information
We also may collect various types of non-personally identifiable information to help us make your experience more enjoyable, measure site activity to identify future improvements that should be made, and compile aggregate data to help serve site visitors better.
Please note that you do have the option to configure most web browsers to NOT accept cookies. However, be aware that disabling cookies may keep you from having access to some functions or services on our web site or the web-hosted software that runs on our web site.
Emails or newsletters that we send electronically may use techniques such as web beacons or pixel tags to gather email metrics and information to improve the reader’s experience, such as the number of emails that are opened, whether they were forwarded or printed, the type of device from which they were opened, and the location (e.g. city, state, and county) associated with the applicable IP address.
If you visit this web site with an open ID (such as Facebook), you may also be sharing and integrating data with third-party social media sites, and we may track aggregate data about the number of visits to this web site with an open ID, the number of items “liked” on this web site, or items on this web site that you choose to share with a third-party social media site.
Other parties such as advertising partners and analytics companies may also be collecting information about your online activity across various websites over time. The information collected by those third parties may include identifiers that allow those third parties to tailor the ads that they serve to your computer or other device.
Because there is not yet a common understanding of how to interpret web browser-based “Do Not Track” signals other than cookies, we do not currently respond to “Do Not Track” signals that are undefined. We are waiting for the online industry to develop a common protocol for how to treat DNT signals. In the meantime, you can use the range of other tools we provide to control data collection and use, including those described herein.
How We Use Your Information
By submitting your information to the Website and consenting to receive communications or solicitations from Company, you grant Company the right to use that information for marketing purposes, and agree to receive email marketing from the Website. We may maintain separate email lists for different purposes. In order to end your email subscription to a particular list, you must follow the instructions contained in any email correspondence that you receive from Company. Unsubscribing from one list will not automatically unsubscribe you from all email lists. We only send email marketing to individuals that have agreed to receive solicitations from Company.
Though we make every effort to preserve user privacy, we may be required to disclose personal information in some instances, such as: (a) when required by law wherein we have a good faith belief that such action is necessary to comply with a judicial proceeding, court order, and/or subpoena; (b) in the event that Company is sold or acquired; or (c) in the event that we believe that the web site is being, or has been, used in violation of our terms and conditions or to commit unlawful acts. Moreover, you hereby consent to the disclosure of any record or communication to any third party when Company, in its reasonable discretion, determines the disclosure to be appropriate in the circumstances.
How To Customize Your Information
If you are a subscriber to one of our mailing lists, you can customize your information and the mailing lists you have subscribed to at any time by simply clicking the “Update Your Preferences” link at the bottom of any email you receive from us. That will take you to a preferences center where you can update your information.
If you are a customer of ours, you can customize your details by logging into your Seismic account at https://www.getseismic.com.
Transmission of Personal Information to Third Parties
We may, for the purpose of providing services to you through our web site, directly or indirectly, transfer personal information collected to a parent corporation, subsidiary, affiliate, contractor or subcontractor (a "Service Provider") that, directly or indirectly, provides a service for or on behalf of Company, and is located outside the United States or outside Canada. This includes, but is not limited to, entities in other states within the United States and Canadian provinces that may provide Company services including telephone solicitation services, database and web administration, customer service and financial accounting.
We may sell non-personally identifiable information (that doesn’t allow anyone to be identified personally), such as age, weight, and food intake to third parties, such as for data research, health advancement, and other purposes.
Except for the reasons specifically set forth herein or as otherwise disclosed during the collection, this information will not be sold, transferred or otherwise disclosed to anyone other than authorized recipients, unless otherwise required by law.
Additionally, if our Company sells one of its product lines or divisions, Personal Information may be transferred to the buyer so that the buyer can continue to provide you with information and services. Finally, the Company reserves the right to disclose Personal Information to respond to authorized information requests from government authorities, to address national security situations, or when otherwise required by law, in our sole discretion.
Security of Personal And Other Information
Our Company undertakes reasonable efforts to ensure that Personal Information is protected while you are on this web site. All information collected from you is stored in a technically and physically secure environment. Furthermore, employees, contractors, and vendors who have access to your personally identifiable information in connection with providing services for us are required to keep the information confidential. Our team is dedicated to ensuring the security and privacy of all user information.
In addition, Company has security measures in place to protect the loss, misuse and alteration of personal information under our control.
We use SSL encryption to protect sensitive information online, and we do everything we can to protect user information offline. Unfortunately, no transmission over the Internet can be guaranteed to be 100% secure. As a result, while we take reasonable measures to protect your information, we cannot ensure or warrant the security of the information that you transmit to us, and you do so at your own risk.
Links to Other Web sites
We pride ourselves in recommending quality companies. While we are not liable for any of the actions of those third parties, you should feel free to give us feedback from time to time on your experiences with any third parties with whom we work with so that we may enhance our future service to all customers.
Consistent with the Children's Online Privacy Protection Act, our Company is committed to protecting children's privacy on the Internet. We do not knowingly intend to collect personally identifiable information from children under 18 years of age. If your minor child has provided us with Personal Information, you may contact us using the information listed in the section entitled “Contacting Us” if you want this information deleted from our records. We will then remove your child’s information from the database that stores the information.
We may use your IP address to help prevent fraud, to help diagnose problems with our server, to gather broad demographic information, and to offer you products and services.
If you need to contact us for assistance related to your coaching and other services, you can email us at firstname.lastname@example.org.
If you need technical support with the Seismic software or to report a bug with the Seismic software, please contact our software vendor at email@example.com.
If you are a European citizen and wish to request that we “Forget You” from our database, please send an email to firstname.lastname@example.org with the subject line “Forget Me”, and explain in the body of the email that you are asking to have all of your data deleted. To protect user privacy, you must send such a request from the account information we have on file or the request will not be honored.
If you are a European citizen and wish to request that we export your data from our database so you can port it to another vendor, please send an email to email@example.com with the subject line “Export My Data”, and explain in the body of the email that you are asking for a data export. We have a standard data export format that we will provide and are not able to create custom exports. To protect user privacy, you must send such a request from the account information we have on file or the request will not be honored.
If you have questions about the use, amendment, or deletion of Personal Information that you have provided to our Company, or if you would like to opt out of future communications from us, please contact us using the above information.
In all communications with us, please include the e-mail address used for registration (if applicable), the web site address or the specific program to which you provided Personal Information and a detailed explanation of your request. If you would like to delete or amend your Personal Information and are contacting us by e-mail, please put "Deletion Request" or "Amendment Request", as applicable, in the subject line of the correspondence. We will do our best to respond to all reasonable requests in a timely manner.
Note to California Residents
If you live in the State of California, under the California Civil Code, you have the right to request that companies who conduct business in California provide you with a list of all third parties to which the company has disclosed Personal Information during the preceding year for direct marketing purposes.
If you are a California resident and want to request information about how to exercise your third-party disclosure choices, you must send a request to the following address with a preference on how our response to your request should be sent (email or postal mail). Please send an email to the Privacy Administrator at firstname.lastname@example.org.
All requests must be labeled "Your California Privacy Rights" on the email subject line and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code. Please include your zip code for our own recordkeeping.
We do not accept requests via mail, telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
Health Disclaimer - Limitation of Warranties / “As-Is” Information
A. The entire contents of this website and coaching services provided by Summit Health & Fitness (hereinafter referred to collectively as “COMPANY”, “We”, and “Us”) are provided “as-is” without any representations or warranties of any kind, express or implied.
B. COMPANY is not a medical organization and our staff will not provide you medical advice or diagnosis. The information and materials provided by COMPANY should not be interpreted as a substitute for physician consultation, evaluation, or treatment, nor as an endorsement of any third party’s products or services.
2. Professional Assistance
A. The information on this website and coaching services offered are for informational purposes only and are not intended to replace a one-on-one relationship with a qualified health care professional such as a physician.
B. You are urged and advised to seek the advice of a physician before beginning any weight loss effort or exercise regimen.
C. If you have specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.
D. You should never delay in seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.
E. COMPANY encourages you to make your own health care decisions based upon your own research and in partnership with a qualified health care professional. If you think you have a medical emergency and are in the U.S., call 911 immediately. Outside the US, call your emergency hotline number.
F. This Website and the coaching services offered by COMPANY are only intended for use by healthy adult individuals.
A. Except as limited by the applicable laws, COMPANY and its officers, employees, contractors, and vendors expressly disclaim responsibility, and shall have no liability for any damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the information contained on this website or provide by COMPANY.
B. COMPANY is also not liable for and does not endorse any specific tests, procedures, products, opinions or other information that may be provided on linked websites.
TERMS AND CONDITIONS OF USE
Last Revised: 10/28/2020
SUMMIT HEALTH & FITNESS AS A COMPANY ("COMPANY", WE”, AND “US”) RESERVES THE RIGHT TO CHANGE ANY TERMS OR CONDITIONS AT ANY TIME, EFFECTIVE UPON THEIR POSTING. HOWEVER, IN THE RARE EVENT THAT WE MAKE A SUBSTANTIAL CHANGE THAT WOULD IMPACT HOW YOUR PERSONAL DATA IS USED OR OTHER IMPORTANT RIGHTS YOU HAVE, WE WILL INFORM YOU OF SUCH CHANGES BY SENDING YOU AN EMAIL TO YOUR ACCOUNT ON FILE AND/OR BY POSTING A PROMINENT NOTICE WITHIN THE MEMBERSHIP SITE TO GIVE YOU AN OPPORTUNITY TO DECIDE WHETHER TO ACCEPT SUCH CHANGES AND CONTINUE WITH OUR SERVICE, OR WHETHER YOU WISH TO DECLINE SUCH CHANGE AND CANCEL YOUR SERVICE.
COMPANY OR ITS SERVICE PROVIDERS, PARENTS, AFFILIATES AND BUSINESS ASSOCIATES MAY IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO PARTS OR ALL OF THE SERVICES WITHOUT NOTICE OR LIABILITY; COMPANY MAY ALSO TERMINATE YOUR USE OF THE SERVICES AT ANY TIME IN ITS SOLE DISCRETION. IN THE RARE EVENT THAT COMPANY EVER DECIDES TO DISCONTINUE A PARTICULAR SERVICE YOU HAVE PAID FOR, COMPANY WILL EITHER FULFILL THE SERVICES FOR THE DURATION OF THE TERM THAT YOU PAID FOR, OR, IN COMPANY’S SOLE DISCRETION, WILL OFFER YOU A REFUND FOR THE SERVICES THAT WERE NOT YET RENDERED.
Except as specified elsewhere herein, Your use of the Services after any changes are implemented constitutes your acceptance of the changes. As a result, COMPANY encourages you to consult the Terms and Conditions each time you use any of the Services.
Please read carefully, and note our MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION.
Use of Services; Ownership of Intellectual Property Rights
All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, and all intellectual property rights in and to such items on our Web Site and/or contained in the Services (hereinafter "Content") constitute the sole and exclusive property of COMPANY or its subsidiaries, affiliates, licensors and content providers (excluding any personal content that you provide or upload). You are granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content for non-commercial and personal, informational use only. The following acts are additionally prohibited without COMPANY’s prior written approval: copying of the Services or the Content or any portion, variations or derivatives thereof; reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcast or circulation of any Content, in whole or in part (including without limitation, the display and distribution of the Content via a third party application or web site); and disassembling, decompiling, reverse engineering or otherwise modifying the Content.
As noted above, reproduction, copying, or redistribution for commercial purposes of any Content or design elements of the Services is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us using the contact information listed in the section entitled, “Contacting Us”.
Ability to Accept Terms and Conditions
You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
Please read the Health Disclaimer(link to health disclaimer here possibly) carefully regarding certain limitations of liability and health precautions you should be aware of. The Health Disclaimer is hereby incorporated by reference as part of these Terms and Conditions.
Billing Procedures. If you sign up for our coaching program, you agree and understand that you will be charged a recurring fee per month. By signing up for the coaching program, you are committing to a minimum of three months on the program. After those first three months, the membership automatically becomes a month-to-month membership that requires a cancellation notice to discontinue.
Cancellations. Once the initial 3-month commitment has expired, you can cancel at any time as long as you provide us with at least 5 days written notice to cancel your membership. To cancel your membership, you must send an email to email@example.com simply stating that you wish to cancel.
No Refunds. All sales are final, and no refunds are available. The effectiveness of our program is largely determined by you and your commitment.
Membership Site/ Additional User Conduct Guidelines
For services that you purchase from COMPANY that are delivered through a membership site, you will be given a user name and password to access the coaching services and tools through the Seismic software that we have licensed from a third-party vendor. In such instances, you agree not to share your login information with other people who did not purchase the services. You will not sell access to the Services or duplicate and sell any of its content without written permission.
You also agree and understand that either we or the third-party vendor we licensed the software from can terminate your access to the membership site at any time, in our sole discretion, such as for a violation of these Terms of Conditions.
Where applicable, the Services are meant for informational purposes only. The Services are not intended as specific medical, legal, commercial, financial, tax or other professional advice. Use of the information from any of the Services are at your own risk.
Your use of Content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute Content, print multiple copies, or use the Content for public display or performance unless otherwise stated.
COMPANY requests that you not impede or inhibit any other User from using and enjoying the Services. Therefore, in using the Services, you agree not to: disrupt or interfere with the security of, or otherwise abuse, the Services, system resources, accounts, servers or networks connected to or accessible through the Services or affiliate linked web sites/services; upload, post, or otherwise transmit through or on the Services any viruses or other harmful, disruptive or destructive files; or transmit through or on the Services spam, chain letters, junk mail or other types of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings.
COMPANY reserves the right to discontinue or modify without notice or liability, any portion of the Services. However, in the rare event that Company decides to discontinue a particular service you have paid for, Company will either fulfill the services for the duration of the term that you paid for, or in Company’s sole discretion, Company will offer you a refund for the services that were not yet rendered.
You affirm, represent, and warrant that your participation on the Services and the content you submit does not relate to pornography, illegal activities of any kind, occult, hate, or racism. You also represent and warrant that content you submit does not violate the intellectual property rights of third parties. COMPANY reserves the right to make the final decision regarding what is appropriate. COMPANY further reserves the right to remove content or terminate your account without prior notice for a violation of this provision.
You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
You agree that any ideas, suggestions, or improvements that you provide to COMPANY about the Services shall be owned by COMPANY and that COMPANY is free to include such ideas in future products without compensation to you.
Third Party Links and Sites
In order to identify third party sites or resources, the Services may make use of third party trademarks, images or branding. Usage of these items does not imply endorsement or certification by the third party. Logos and trademarks displayed within the Services are the property of their respective owners and are used in accordance with existing agreements between COMPANY and the third party or by usage guidelines and policies set forth by the third party.
If you need to contact us for assistance related to your coaching and other services, you can email us at firstname.lastname@example.org.
Disclaimer of Warranties
USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER'S SOLE RISK. NEITHER COMPANY, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE SERVICES.
THE SERVICES, ALL CONTENT AND INFORMATION PROVIDED THEREIN, AND ALL DOWNLOADABLE SOFTWARE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, AND ALL SUCH WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY COMPANY, ANY OF ITS PARENTS, AFFILIATES, EMPLOYEES, CONTRACTORS, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. USER HEREBY ACKNOWLEDGES THAT COMPANY IS NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND USER RELEASES COMPANY FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COMPANY, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY INFORMATION PROVIDER, SERVICE PROVIDERS, LICENSOR, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION.
Use of Apps
These Terms and Conditions apply to COMPANY’s apps as well. Use of COMPANY’s apps is also at your own risk. They are provided as a service to our members and guests, and COMPANY disclaims any and all responsibility for them. In order to use the apps, you must agree to the terms and conditions for use separately. COMPANY does not screen any users, so please use good judgment and common sense in deciding whom to meet or trust with your personal information. COMPANY does not provide contact details to other members through any of our apps and instead routes all messages through us. If at any time you wish to stop receiving messages from another member through a service such as Facebook, you can “block” them. You can also report threats, abuse or any other inappropriate conduct by contacting us using one of the methods listed in the Contacting Us section herein.
You agree to indemnify, defend and hold harmless, COMPANY, its parents, affiliates, employees, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers of the Services from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions. COMPANY reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification, in which event you will fully cooperate with COMPANY in asserting any available defenses.
Opt Out of Receiving Further Web Based Marketing
Severability and Integration
These Terms and Conditions are not intended to alter the terms or conditions of any other agreement you may have with COMPANY or its affiliates, parents, service providers or business associates to the extent that those agreements govern issues other than your use of the Services.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and COMPANY with respect to these Services and supersedes all prior or contemporaneous communications between you and COMPANY with respect to the Services. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas. You hereby consent to binding arbitration in the State of Texas to resolve any disputes arising under this Terms and Conditions.
Arbitration of Disputes
Except for payment/collection issues or infringement of Company’s intellectual property, which can be heard by a court of competent jurisdiction, the parties agree that any dispute or claim in law or equity arising between them regarding the use of the Services or these Terms and Conditions, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in Travis County, Texas. The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of Texas. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.
NOTICE: BY USING THIS WEB SITE OR THE SERVICES OFFERED HEREUNDER, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS WEB SITE OR THE SERVICES OFFERED THROUGH THIS WEB SITE.
Class Action Waiver
ARBITRATION OR ANY OTHER LEGAL ACTION ARISING IN CONNECTION WITH THE USE OF THIS WEB SITE, THE SERVICES OFFERED THROUGH THIS WEB SITE, OR THESE TERMS AND CONDITIONS MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR COMPANY MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
In any dispute, action, proceeding, or arbitration regarding the use of the Services or these Terms and Conditions, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys’ and experts’ fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys’ fees, costs and expenses upon appeal).
Office Hours: Mon-Fri 9AM-5PM
507.210.9430 | email@example.com