Last Updated Aug 16, 2021
Editing, Deleting and Modification
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site.
Acknowledgment of rights
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
Fraud
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected we shall resort to remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
Our privacy policy is part of, and subject to, these terms and conditions of use.
All content on our website is owned by us. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.
Your access to our website is subject to our terms and conditions and we therefore encourage you to read through these terms. By using our website, you confirm that you accept these terms of use and that you agree to comply with them.
In addition to these terms we also have other documents containing important information which applies to your use of our website:
Our Privacy Policy, sets out to explain how we process any personal data we collect and hold about you.
Changes To These Terms
We may revise these terms at any time by amending this page. It is advisable that you check this page from time to time.
Changes To Our Website(s)
We will update our website and change the content from time to time. We do not notify users in advance.
We always do our best to ensure that the information is accurate, however, we cannot guarantee that the website(s) or their content will be free from errors or omissions. We are not obligated to update any information on our website.
Your Access To Our Website(s)
Access to our home page and some of the information on our website is made available to all visitors. Please note that some of the services on our website may require visitor registration.
Due to the nature of technology and the internet, we cannot promise that our website or any content on it will always be available or be uninterrupted. We are not obliged to fix or support our website.
Your access to our website is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if our website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our website and for ensuring that any person who accesses our website through your internet connection complies with these terms.
Your Account And Password
If you choose, or if you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, at any time, without notice, if, in our reasonable opinion, you have failed to comply with any of the provisions of these terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by emailing us at [email protected]
Who Owns The Content On Our Website(s)?
We own (or license) the copyright and other rights in our website and in the material published on it which is protected under international laws. All such rights are reserved
You may make print outs or download extracts from our website for your use including showing others within your organization. However, you must not modify any copies of any materials you have printed off or downloaded in any way and must acknowledge our ownership.
If you print off, copy or download any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must return or destroy any copies of the materials you have made if requested.
Accuracy Of Website Content
The content on our website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain your own advice before taking (or not taking) any action on the basis of the content on our website. Although we make reasonable efforts to update the information on our website, we make no guarantee (whether expressed or implied) that the content on our website is accurate, complete or up-to-date.
Limitation Of Our Liability
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether expressed or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our website; or
use of or reliance on any content displayed on our website.
We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.
Viruses
Whilst we take reasonable steps to ensure that our website is reliable and provides a fast service, we do not guarantee that our website will free from bugs or viruses. You are responsible for your ensuring your information technology, computer programmers and platform are set up correctly in order to access our website and you should use your own virus protection software.
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
Linking To Our Website(s)
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our website in any website that is not owned by you.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards as notified to you from time to time.
Third Party Links & Resources On Our Website(s)
Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those websites or resources.
When You Must Stop Using Our Website(s)
Things change, we may have to go our separate ways and immediately end our agreement and your use of our website.
If at any time you do not feel that you can agree to our terms or you are not happy with our website, you must stop using the it. We may also end your use of our website if you fail to use the it in the way it was intended, or ways in which are not compliant with our terms, against the spirit or intent of our website or to breach any law or regulation
If we do end your use of our website, we will tell you and you must immediately stop using the it. We will not offer you compensation for any losses at the time we end your use of the website.
ARBITRATION POLICY
By visiting our website you are agreeing to resolve any dispute whatsoever arising from our website or the use of our website through arbitration. These terms affect your rights, including a waiver of class actions and jury trials. Please review these terms carefully as you are acknowledging and accepting them.
1. DISPUTES OR COMPLAINTS
You have a right to make a formal or informal complaint to your public utility commission or any regulatory body with authority to review your complaint, and nothing in Section 2, Binding Arbitration, is intended to bar that right to any individual right to complain or dispute your issues. In addition, you can always contact us if you have any questions about your bill or our service. Our customer service representatives will assist with the resolution of your issue or, if they cannot do so immediately, will investigate the matter and report their findings to you. If you have a billing or other dispute that you are not able to resolve with Company, you may contact your public
utility commission.
2. BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS. This Section does not apply to those individual disputes decided by your public utility commission. We hope we never have a dispute, but if we do, you and Company agree to try for sixty (60) days to resolve it informally. If we can’t, you and Company agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and not
to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. This Arbitration is mandatory and not permissive.
a. Disputes Covered—Everything. Except as otherwise stated herein, the term “dispute” is as broad as it can be. It includes any claim or controversy between you and us concerning the services, pricing of the services, products, website, email from our site or partners, media, the software related to the services, the services’ or software’s price, your provider account, advertising, marketing, communications, how we communicate with you, if we call you or text you, pricing actions, fees, authorizations, your purchase transaction, billing, these terms, and this Agreement, actions of us to advertise on any website, under any legal theory including contract, warranty, tort, statute, or regulation arising between you and us, including its respective parents, subsidiaries, affiliates, officers, directors, employees, agents, predecessors, and successors, shall be resolved by binding arbitration on an individual basis in accordance with this arbitration provision. This agreement to arbitrate is intended to be broadly interpreted. For example,
it includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement; and claims that may arise after the termination of this Agreement.
All disputes and claims must be brought within one (1) year of the claim arising or such claim is barred, abandoned and void. You understand and agree that you will arbitrate with us in your individual capacity, not as a representative or member of a class. Your claim may not be joined with the claim of any other person, and there will not be authority for any dispute to be arbitrated on a class-action basis. The arbitrator, and not any federal, state, or local court or agency, will have
exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this
Agreement is void or voidable. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award.
Notwithstanding the foregoing, either you or we may bring claims in small claims court in your jurisdiction, if that court has jurisdiction over the parties and the action and the claim complies with the prohibitions on class, representative, and private attorney general proceedings and nonindividualized relief discussed herein. You may also bring issues to the attention of federal, state,
and local executive or administrative agencies.
Resolving your dispute with us through arbitration means you will have a fair hearing before a neutral arbitrator instead of in a court before a judge or jury. YOU AGREE THAT BY USING OUR SERVICES, USING OUR PRODUCTS, USING OUR WEBSITE, ENROLLING, AND/OR ENTERING INTO THIS AGREEMENT, YOU AND COMPANY EACH WAIVE THE RIGHT TO A
TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.
b. Opting Out of Arbitration. WITHIN 30 DAYS (UNLESS A LONGER PERIOD IS
REQUIRED BY LAW) OF FIRST SIGNING UP FOR SERVICES OR RECEIVING THIS ARBITRATION PROVISION IF ALREADY RECEIVING SERVICES, IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY COMPANY IN WRITING BY EMAILING US AT [email protected] OR BY CERTIFIED MAIL TO OUR COMPANY AT OUR ADDRESS LISTED IN OUR PRIVACY POLICY, ATTN. ARBITRATION. YOUR WRITTEN NOTIFICATION TO COMPANY MUST INCLUDE YOUR NAME, ADDRESS, AND COMPANY ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH COMPANY THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION
PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH COMPANY OR YOUR USE OF THE SERVICES. OPTING OUT OF THIS ARBITRATION PROVISION HAS NO EFFECT ON ANY OTHER OR FUTURE ARBITRATION AGREEMENTS THAT YOU MAY HAVE WITH COMPANY.
c. Pre-Arbitration Process.
i. Notice of Dispute. Before commencing an action in arbitration, you must first notify us of your dispute and allow us an opportunity to resolve it without the need for arbitration. You must write us a letter briefly explaining the dispute and stating the relief that you demand. Provide as much information as possible, including where applicable dates and specific amounts of money. Also include the account holder’s name, the account number, the service address, and a telephone
number at which You may be reached during business hours. Once you have written us the letter, send it to us by certified mail to the Company’s address.
ii. 60 Day Wait Period. If Company has not been able to resolve your dispute to your satisfaction within sixty (60) days from when we received your Notice of Dispute, you may start arbitration proceedings.
d. Commencing an Arbitration. To commence an arbitration, you must submit a written Demand for Arbitration to the American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, with a copy to company. A Demand for Arbitration form can be found on the AAA website at https://www.adr.org/ConsumerForms.
e. Arbitration Process. The arbitration will be administered by the AAA under the AAA’s Consumer Arbitration Rules, as modified by this arbitration provision. You may obtain copies of those rules from the AAA at www.adr.org. If the AAA will not enforce this arbitration provision as written, it cannot serve as the arbitration organization to resolve your dispute. If this situation arises, or if the AAA for any reason cannot serve as the arbitration organization, the parties shall agree on
a substitute arbitration organization or ad hoc arbitration, which will enforce this arbitration provision as to the dispute. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization or ad hoc arbitrator that will administer
arbitration under this arbitration provision as written. If there is a conflict between this arbitration provision and the AAA rules, this arbitration provision shall govern. A single arbitrator will resolve the dispute between you and Company. Participation in arbitration may result in limited discovery. The
arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect confidential or proprietary information, including User personally identifiable information.
All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this arbitration provision, or the interpretation of its prohibitions of class, representative, and private attorney general proceedings and non-individualized relief shall be for a court of competent jurisdiction to decide. The Arbitrator is limited and bound by terms of this
arbitration provision. Although the arbitrator shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law, the arbitrator shall not be bound by rulings in other arbitrations involving different customers. Unless the parties agree otherwise, any
arbitration hearing will take place in the county (or parish) of Your service address. If the amount in dispute is $10,000 or less, Company agrees that you may choose whether the arbitration is conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or
by an in-person hearing as established by AAA rules. If the amount in dispute exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
f. The Arbitrator’s Award. An arbitrator’s award will consist of a written statement of the disposition of each Dispute and a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator’s decision and award are final and binding, subject only to the limited court review permitted under the FAA, and judgment on the award may be entered in
any court of competent jurisdiction.
g. Arbitration Fees. Except as otherwise provided in this arbitration provision, Company will pay all arbitration filing, administrative, and arbitrator fees for any arbitration that Company commences or that you commence seeking damages of $75,000 or less. If You commence an arbitration seeking greater than $75,000 in damages, arbitration filing, administrative, and arbitrator
fees shall be allocated in accordance with the AAA rules. If You cannot pay your share of these fees, you may request a fee waiver from the AAA. In addition, Company will consider reimbursing your share of these fees if you indicate you cannot afford them and, if appropriate, will pay directly all such fees upon your written request prior to the commencement of the arbitration. You are
responsible for all additional costs and expenses that you incur in the arbitration, including, but not limited to, attorneys' or expert witness fees and expenses, unless the arbitrator determines that applicable law requires Company to pay those costs and expenses. Notwithstanding the foregoing,
if the arbitrator concludes that your claim is frivolous or has been brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)), then the AAA rules shall govern the allocation of arbitration fees, and you agree to reimburse Company for any amounts Company may have paid on your behalf.
h. Governing Law. Because the Services provided to you involves interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all disputes under this arbitration provision. Any state statutes pertaining to arbitration shall not be applicable. However, the clear intent of the Company entering in this Agreement with User is to be
bound by the substantive law of Pennsylvania. Company and User agree that the arbitrator or arbitrators: (i) are bound to decide the legal issues of the terms and conditions of this Agreement in accordance with the substantive law of Pennsylvania, and (ii) are not authorized to and cannot make
an award in equity.
i. Waiver of Class and Representative Actions. YOU AGREE TO ARBITRATE
YOUR DISPUTE AND TO DO SO ON AN INDIVIDUAL BASIS; CLASS, REPRESENTATIVE, AND PRIVATE ATTORNEY GENERAL ARBITRATIONS AND ACTIONS ARE NOT PERMITTED. You and Company agree that each party may bring claims against the other only in your or its individual capacity and may not participate as a class member or serve as d plaintiff in any purported class,
representative, or private attorney general proceeding. This arbitration provision does not permit and explicitly prohibits the arbitration of consolidated, class, or representative disputes of any form. In addition, although the arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other Company account holders, neither You nor Company may
seek, nor may the arbitrator award, non-individualized relief that would affect other account holders. Further, the arbitrator may not consolidate or join more than one person's claims unless all parties affirmatively agree in writing. If any of the prohibitions in the preceding paragraph is held to be unenforceable as to a particular claim, then that claim (and only that claim) must be severed from
the arbitration and brought in court. In that instance, or any instance when a claim between You and Company proceeds to court rather than through arbitration, You and Company each waive the right to any trial by jury through this Agreement.
j. Severability and Survival. If any other portion of this Section 7 arbitration provision is determined to be unenforceable, then the remainder of this arbitration provision shall be given full force and effect. The terms of the arbitration provision shall survive termination, amendment or expiration of this Agreement.
k. Future changes to Dispute Resolution Agreement. If Company makes any changes to this Binding Arbitration provision (other than a change to Company’s Notice Address), you may reject any such change by notifying Company via e-mail at [email protected] within 30 days of the change. It is not necessary to submit a rejection of the such changes to this Binding Arbitration
provision if you had already properly opted out of arbitration in compliance with the requirements of this Section 2. By rejecting a new change, you are agreeing that we will arbitrate any dispute in accordance with the language of this Binding Arbitration, in accordance with any changes that you did not reject.