IMPORTANT NOTICE: THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE AND A JURY TRIAL/CLASS ACTION WAIVER, REQUIRING ANY DISPUTE BETWEEN YOU AND COUR, SUBJECT TO LIMITED EXCEPTIONS, TO BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION AND REQUIRING YOU TO FOREGO JURY TRIALS, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY KIND. UNLESS YOU OPT OUT FOLLOWING THE OPT-OUT PROCEDURES IN SECTION I BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT. YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND EXPRESSLY AGREE TO THE MANDATORY ARBITRATION CLAUSE AND JURY TRIAL/CLASS ACTION WAIVER AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
I. Binding Arbitration & Jury Trial/Class Action Waiver (“Arbitration Agreement”)
Mandatory Binding Arbitration of Disputes. By agreeing to these Terms, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Web Site, including those related to the interpretation and scope of this Arbitration Agreement and the arbitrability of the dispute, claim, or controversy (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a court of law in any jurisdiction and not in a class, representative or consolidated action or proceeding, as set forth further below.
You and COUR agree that the U.S. Federal Arbitration Act (“FAA”) governs the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable, notwithstanding any choice of law or other provision in these Terms. It is the intent of the parties that the FAA and the American Arbitration Association (“AAA”) Rules described below shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of Illinois, without regard to its conflict of laws provisions.
You and COUR further agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes concerning the interpretation, applicability, enforceability or formation of this Arbitration Agreement. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Notwithstanding this Arbitration Agreement, you and COUR each retain the right to bring an individual action in small claims court if it qualifies. Each party also retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Jury Trial/Class Action Waiver. YOU AND COUR AGREE THAT EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND COUR AGREE IN WRITING, YOU AND COUR MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the Arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the entirety of this Arbitration Agreement section shall be null and void, and you and COUR shall be deemed not to have agreed to arbitrate disputes on a class basis. This Arbitration Agreement shall survive termination of these Terms.
Opt-Out Procedures. You can choose to reject this Arbitration Agreement by sending us a written opt-out notice (“Opt-Out Notice”) within 30 days following the date you first agree to these Terms by mail at 8045 North Lamon Avenue, Suite 1202, Skokie, Illinois 60077 or by email at email@example.com. If mailed, the Opt-Out Notice must be postmarked no later than 30 days following the date you first agree to these Terms. To be effective, the Opt-Out Notice must contain your name, address, and signature. If you opt-out of the Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with COUR.
Rules & Procedures. The arbitration will be administered by the AAA under its Consumer Arbitration Rules and any supplementary rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms.
A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. You can contact the AAA for more information on how to commence an arbitration proceeding at www.adr.org or 1-800-778-7879. Any arbitration hearings will take place in the county where you live or at another mutually agreed location.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. COUR will pay for all filing, administration and arbitrator fees and expenses if your Dispute is for $10,000 or less, unless the Arbitrator finds your Dispute frivolous.
Changes to Arbitration Agreement. Notwithstanding the provisions of Section IX, if COUR changes any of the terms of this Arbitration Agreement after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. The written notice must be provided either by mail at 8045 North Lamon Avenue, Suite 1202, Skokie, Illinois 60077 or by email at firstname.lastname@example.org. To be effective, your notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and COUR in accordance with the terms of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
II. Scope of Use
COUR maintains this Web Site for your personal information and education. The information, documents and related graphics are available for your personal use, provided that the materials are not modiﬁed in any way and all copyright and other proprietary notices contained on the provided materials are maintained. This Web Site and all of its contents are intended to comply with United States laws that it may be subject to and COUR makes no representation that the information is appropriate for use in locations outside of the United States. Other countries may have laws, regulatory requirements, and medical practices that differ from those in the United States. Those who access this Web Site from other locations do so on their own initiative and are responsible for complying with applicable local laws and regulations. Any offer, product, or service available through this Web Site is void where prohibited.
III. Intellectual Property
Images and materials displayed on this Web Site are subject to intellectual property laws. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, or copyright owned by COUR or any third party. Except as expressly provided herein, no use of any COUR intellectual property rights may be made without prior written consent of COUR. In addition, COUR neither warrants nor represents that the use of images or materials from this Web Site will not infringe the rights of third parties not owned by or affiliated with COUR.
IV. Non-Confidential Information
Any oral, written or electronic response or communication established with COUR by any user of this Web Site shall be deemed as non-conﬁdential. COUR shall not have any obligations of any kind with respect to such information and shall be free to use any ideas, concepts, know-how or techniques contained in such communication without restriction for any purpose whatsoever. The sender of such information is fully responsible for its content, including, without limitation, its accuracy and truthfulness and its non-infringement of another party’s proprietary rights.
V. Disclaimer of Warranties
While COUR uses reasonable efforts to include accurate and up-to-date information in this Web Site, we make no warranties or representations of any kind as to the accuracy, currency or completeness of the information provided. We assume neither responsibility for any errors or omissions in the content of this site nor any liability to update the information contained in this site. Cour provides this information “as is” and disclaims all warranties of any kind, both express and implied, including, but not limited to, merchantability, FItness for a particular purpose, or non-infringement. Please note that some jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you.
VI. Limitations of Liability
Use of this Web Site is at the user’s own risk. Neither Cour nor any other party involved in creating, producing, or delivering the Web Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of access to or use of this Web Site and/or the information provided, regardless of whether Cour has been advised as TO the possibility of such damages.
The limitations and disclaimers in these terms do not purport to limit liability or alter your rights as a consumer that cannot be excluded or limited under applicable law, including New Jersey law.
VII. Third Party Web Sites and Links
This Web Site may contain references or links to other Web Sites maintained by third parties. Such references or links are provided merely for convenience and COUR makes no representations or warranties of any kind with respect to any third party site. The inclusion of the reference or link does not imply endorsement of the Web Site and COUR is not liable for any damages or injuries of any kind arising from such content or information.
VIII. Governing Law
These Terms and your use of this Web Site shall be governed by the laws of the United States and the State of Illinois without regard to its conﬂicts of law provisions. Any legal action or proceeding arising from or relating to your access or use of this Web Site shall be brought exclusively in a federal or state court of proper jurisdiction in the State of Illinois.
COUR reserves the right to revise the Terms at any time without notice and in its discretion, and such changes will be deemed effective upon posting. Continued use of the Web Site following posting of amended Terms will indicate acceptance of such changes and therefore, this agreement should periodically be reviewed.
Except as set forth in Section I, in the event that any provision or part of any provision in these Terms is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision or portion thereof shall be severed from these Terms; severance of the unenforceable or unlawful provision or portion thereof shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
XII. Entire Agreement
COUR’s failure to enforce any portion of the Terms shall not constitute a waiver of any of its rights under these Terms.