Visitor Agreement
Terms of Service Agreement
1. Notice/Acceptance of Terms
This Terms of Service Agreement
(the "Agreement") is a contract between you and Mendenhall Tax Services ("MTS",
"us" or "we"). We currently provide users with access to a variety of online tax
preparation services and tax preparation information and to referenced sites, currently
found at http://www.mendenhalltaxes.com ("Site"). This Agreement governs your use
of the Site. Be sure that you carefully read and fully understand this Agreement.
We are willing to provide you with access to the Site only on the condition that
you accept all of the terms and conditions contained in this Agreement. By accessing
or using the Site, including without limitation any of the services offered on the
Site, you agree to be bound by, all the terms and conditions of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS THE SITE
OR ANY SERVICES PROVIDED ON OR THROUGH THE SITE.
You may print this Agreement or
download this Agreement to your computer. To the extent that you use any of our
particular services including without limitation our tax preparation services, or
participate in or contribute to the Facebook Forums, you are subject to any applicable
agreements ("Supplemental Agreements") and any posted guidelines or rules applicable
to such services or your participation in or contributions to the Facebook Forum.
All such guidelines, or rules, are hereby incorporated by reference into this Agreement.
Where a conflict exists between this Agreement and any of the Supplemental Agreements,
the provisions of the applicable Supplemental Agreement shall govern. The disclaimers,
terms and conditions on these pages are of general application and may be supplemented
by additional disclaimers, guidelines, rules, terms or conditions of specific application
on any particular page of the Site.
2. Privacy Policies
User privacy is an important
concern to us. We strive to protect the personal and confidential information of
those who use our on-line services. We do not use any personal information collected
by the Site, as currently none is collected..
We may update these policies from
time to time, so please the Site frequently for updates.
Services.
We currently
provide users with tax preparation services and tax preparation information on the
Site. These services may be available only in certain jurisdictions and are void
where prohibited by law. Your eligibility for any of our particular services is
subject to our final approval and acceptance.
In order to use the Site, you must
obtain access to the World Wide Web and pay any service fees associated with such
access. System availability and access to the services available on the Site may
be limited or unavailable for reasons which may include, without limitation, system
performance, telecommunications failure, hardware failure or software failure. We
make no representations, warranties or assurances as to the availability of the
Site.
You are responsible for verifying the completeness and accuracy of any information
that you submit to MTS for use in connection with tax preparation services, including
any W-2 you may download and pick-up in our tax office. If you request that any
information be provided to you, it is your responsibility to obtain that information
from an MTS office. MTS is not responsible for and waives any liability for delivery
of any such information to you.
MTS may enter into agreements with certain financial
institutions that will allow you to electronically import certain Tax Information
(e.g. W-2 and 1099 information) from such financial institutions directly into MTS.
MTS does not represent or guarantee that such automatic importing of certain Tax
Information will be available. While the imported Tax Information may be used in
connection with the preparation and filing of your tax returns, MTS is not responsible
for verifying the accuracy of your Tax Information (whether imported or not) and
you understand that it is solely your responsibility to review and confirm the accuracy
of your Tax Information prior to filing.
You are responsible for your use of your
Internet browser, the Site, the services provided on the Site and your participation
in or contributions to the Facebook Forum. We are not responsible for deletion of
data, timeliness of services, or the failure to store any of your data or personalization
settings. We are not providing investment advice through the Site, and the material
on the Site should not be regarded as an offer to sell, or a solicitation of an
offer to buy, any securities from us.
Facebook Forum.
You must provide your first
name, last name and email address when posting a comment to the Facebook Forum.
MTS assumes no duty to pre-screen or regularly review posted content, but a MTS
editor/moderator will moderate the Facebook Forum. By posting content to the Facebook
Forum, you represent and warrant that you either own or control all of the rights
to that content, and such content does not violate this Agreement. You agree that
all opinions expressed by users of the Facebook Forum are expressed in their individual
capacities, and not as representatives of Facebook Forum. The MTS editor/moderator
will have the right to refuse to post or remove any posting that he or she believe
violates this Agreement. We will only post comments that are on-topic, relevant
and appropriate to the Facebook Forum community. Because the Facebook Forum is moderated,
it may take up 48 hours or longer over weekends for your posting to appear or we
may elect not to publish it.
You should not post any personal information to the
Facebook Forum that you wish to keep private. We may delete any posting that we
believe could possibly violate the privacy of any other person, group or organization.
3. No Unlawful or Prohibited Use; User Content
As a condition of your use of the
Site, you warrant to us that you will not use, or permit any third party to use,
the Site for any purpose that is unlawful or prohibited by these terms. If you violate
any of these terms, your permission to use the Site automatically terminates.
In
addition to any contributions you may make to the Facebook Forum, we may offer you
the opportunity to contribute your ideas, comments, questions and other communications
to or from the Site (collectively, including contributions to the Facebook Forum)
that may be offered from time to time and may be operated by us or by a third party
on our behalf. You shall not (nor cause any third party to) use the Site or information
provided through the Site to perform any illegal activities (including without limitation
defaming, abusing, harassing, stalking, threatening or otherwise violating the legal
rights, such as rights of privacy, of others) or immoral activities or any of the
following types of activities, without limitation:
a. disseminating libelous, harmful,
vulgar, pornographic, obscene or otherwise objectionable material;
b. containing nudity, violence of offensive subject matter, or are deemed exploitive in any way;
c. promoting racism, prejudice, bigotry, hatred, harassment or physical harm of
any kind against any individual, group or individual;
d. promoting illegal activities
or conduct that is abusive, threatening, obscene, defamatory or libelous; or promote
any criminal activity or enterprise or provide instructional information about illegal
activities, such as making or buying illegal weapons or violating someone's privacy;
e. using any computer code, data mining software, "robot," "bot," "spider," "scraper"
or other automatic device, or program, algorithm or methodology having similar processes
or functionality, or any manual process, to monitor or copy any of the Web pages,
data or content found on the Site or accessed through the Site;
f. transmitting
information that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party;
g. transmitting any material that contains software
viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code,
files, or programs which may interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
h. impersonating
anyone or any entity, falsely stating or otherwise misrepresenting your affiliation
with a person or entity;
i. advertising or posting any commercial content;
j. interfering with or disrupting the Site;
k. disrupting the activities or enjoyment of the Site
for other users; or
l. collecting, or storing personal data about other users.
Further,
you agree that all User Content you provide will be on-topic, relevant and will
not include profanity or any other disruptive or disrespectful behavior. The Facebook
Forum is not the appropriate channel to express individual concerns or specific
customer support issues. Such concerns and issues should be addressed to the online
customer support page of the Site, if any or contacting MTS by phone or email.
You
agree to abide by all applicable local, state and federal laws and regulations and
are solely responsible for all acts or omissions by you on the Site, including without
limitation User Content you create, contribute and post to our Site. You acknowledge
that we do not endorse User Content and that such User Content should not be considered
to have been reviewed, screened or approved by us. Information found in Facebook
Forum is intended to be used as a starting point for doing independent research
on various companies, investment techniques and tax related matters. You should
exercise discretion before relying on User Content. You agree to evaluate and assume
all risks associated with the use of User Content, including without limitation
any risk relating to any reliance on the accuracy, completeness, or usefulness of
User Content. We assume no responsibility for User Content or for the use of any
User Input Room. Without limiting the foregoing, we will not be liable for the collection,
use or disclosure of any personal information by, in or through a User Input Room
by a third party. You acknowledge and agree that we may, in our sole discretion,
remove any User Content from a User Input Room at any time and for any or no reason.
You agree that we will not be liable to you or any third party for any deletion
of any User Content on the Site. You acknowledge that we may preserve and disclose
User Content if required to do so by law or if we believe in good faith that such
preservation or disclosure is reasonably necessary to comply with legal process,
enforce this Agreement, respond to a claim that User Content violates any third
party's rights, or protect our rights, property or personal safety or that of any
users of the Site, and the public. You also acknowledge that the technical processing
and transmission of the Site, including without limitation User Content, may involve
transmissions over various networks and changes to conform and adapt to technical
requirements of connecting networks or devices.
4. License
Except as expressly provided
otherwise in an applicable Supplemental Agreement, we grant you a personal, limited,
revocable, non-transferable and non-exclusive license to display on your computer,
print, download and use screen displayed text, audio clips, video clips and other
such content that is made available to you on the Site, solely for your own non-commercial,
personal purposes necessary to receive the services provided on the Site, provided
that:
a. you do not (and do not allow any third party to) modify or create a derivative
work of any such content; and
b. you include with and display on each copy of such
content the associated copyright notice. No other use is permitted. Without
limiting the generality of the foregoing, you may not:
c. include such content in or with any products or service that you create or distribute;
d. include such
content on another Internet Web site; (iii) reproduce, duplicate, copy, sell, rent,
resell or exploit for any commercial purposes any portion of the Site, use of the
Site, or access to the Site; or
e. establish hyperlinks to any page other than
the home page of the Site or create any frame containing any portion of the Site,
on any other Web site or text document with hyperlink capabilities.
Further, you
may not direct any other person to do any of the foregoing. You agree not to access
the Site by any means other than through a commercially available Web browser. We
grant you a personal, limited, revocable, nontransferable and nonexclusive right
to create a hyperlink to the home pages of the Site so long as
a. the link or your
linking Web site does not portray us or any of our services in a false, misleading,
derogatory, or otherwise offensive matter;
b. your linking Web site complies with
all applicable law and does not otherwise violate this Agreement or the rights of
others; and
c. your Web site has, maintains and follows a privacy policy no less
protective of user data than the privacy policy of the applicable Site.
You may
not use any of our logos or other proprietary graphic or trademarks as part of the
link without our express written permission. We may revoke this license at any time,
with or without cause, in which case you agree to immediately remove such hyperlink.
5. Intellectual Property
All content on Site, including but not limited, text, graphics,
logos, button icons, images, audio clips, digital downloads, data compilations,
software, and the compilation of any of the foregoing, is our property the property
of our licensors and is protected by United States and international copyright laws.
The trade names, trademarks and logos used on the Site are our trademarks service
marks, trade dress ("Trademarks"). You may not use any meta tags or any other hidden
text using the Trademarks. The Trademarks and the associated products and services
represented on the Site are protected under United States and international law
and their display on and availability through the Site does not convey or create
any license or other rights in these Trademarks and associated products and services.
Any unauthorized copying, reverse engineering, redistribution, reproduction, publication
or modification of Site content by any person without our prior written authorization
is strictly prohibited, may be a violation of federal or common law, trademark,
patent and copyright laws and may subject such a violator to legal action. The use
of content from the Site on any other Web site or networked computer environment
is similarly prohibited. Requests for permission to reproduce or distribute materials
found on the Site can be made by contacting us in writing at the address listed
below. You are also strictly prohibited from creating works or materials that derive
from or are based on the Site content or other materials contained in any Site including,
without limitation, fonts, icons, link buttons, wallpaper, desktop themes and unlicensed
merchandise. This prohibition applies regardless of whether the derivative materials
are sold, bartered or given away.
6. Modifications to the Site
We reserve the right to modify, suspend or discontinue, temporarily or permanently,
the Site (or any
part thereof) from time to time, for any or no reason and without notice. You agree
that we are not liable to you or to any third party for any modification, suspension
or discontinuance of the Site. The information and materials contained on the Site
are subject to change.
7. Registration Obligations
In consideration of your use of the Site, if you provide us with information about
yourself in response to prompting
by the Site (for example if prompted by a Site's registration forms), you agree
that such information will be accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete as of the date
the information was provided, or we have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, we have the right,
without limitation, to suspend or terminate any of your accounts and to refuse any
and all current or future use of the Site (or any portion thereof) or the services
provided on the Site.
8. Member Account
Password and Security If you use our online
tax services or other tools on the Site requiring registration or account set up,
we may supply you with a password and account designation upon completing the registration
process. You are responsible for maintaining the confidentiality and security of
the password and account, and are fully responsible for all activities that occur
under your password or account. You agree to immediately notify us of any unauthorized
use of your password or account, or any other breach of security of which you are
aware, and to ensure that you properly close out of your account at the end of each
session. If your status as a user of the Site is terminated, you must (i) cease
using the Site and any information obtained from the Site, and (ii) destroy all
copies of your account information, password and any information obtained from the
Site. We assume no liability for any loss or damage arising from your failure to
comply with this section.
9. Feedback
Subject to any applicable law and the requirements
of the applicable privacy policy, any communication sent by you via the Site or
otherwise to us (including without limitation User Content, collectively "Feedback")
is on a non-confidential basis, and we are under no obligation to refrain from reproducing,
publishing or otherwise using it in any way or for any purpose. We can use the Feedback,
including without limitation any ideas, inventions, concepts, techniques or know-how
disclosed therein, for any purpose including without limitation developing, manufacturing
and/or marketing products and services. You agree you will not assert any ownership
right of any kind in the Feedback (including without limitation copyright, patent,
trademark, unfair competition, moral rights, or implied contract) and you hereby
irrevocably waive the right to receive any financial or other consideration in connection
with the Feedback, including without limitation acknowledgment of you as the source
of the Feedback. Your submission of any Feedback shall constitute an assignment
to us of all worldwide rights, titles and interests in all copyrights and other
intellectual property rights in the Feedback. For this reason, we ask that you not
send us any Feedback that you do not wish to assign to us, including any confidential
information or any original creative materials such as stories, product or service
ideas, computer code or original artwork. You shall be responsible for the content
and information contained in any Feedback sent by you to the Site or otherwise to
us, including without limitation for its truthfulness and accuracy.
10. Our Confidential Information
You agree that you will not disclose our Confidential Information to
any person or entity, other than as necessary to use the services provided on the
Site. You will not use or permit the use of any Confidential Information except
as necessary in connection with the services. You shall use at least the same degree
of care in safeguarding the Confidential Information as you use in safeguarding
your own confidential information, but in no event shall you use less than due diligence
and care. "Confidential Information" means all information or material:
a. which is obtained from password protected portions of the Site or
b. which (1) is marked "Confidential," "Restricted," or other similar marking, (2) is known by the parties
to be considered confidential, or (3) is or should be known or understood to be
confidential or proprietary by an individual exercising reasonable judgment.
11. Transactions with Third Parties
Your correspondence or business dealings with, or
participation in promotions of, advertisers or third parties found on or throughout
the Site, including without limitation with respect to the payment and delivery
of related services and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such parties and are not
binding on us. You agree that we are not be responsible or liable for any actions,
losses, damages, liabilities, claims, judgments, costs or expenses of any nature
or kind (collectively, "Claims") incurred as the result of any such dealings or
as the result of the presence of such third parties on the Site, and you agree to
indemnify us from and against any Claims incurred as the result of any such dealings.
12. Third Party Links
This Site may provide links or references to other sites.
We make no representations, warranties or assurances as to any information in such
sites, have no responsibility for their content and shall not be liable for any
damages or injury arising from that content. We disclaim any opinions expressed
on such sites. Any links to other sites are provided merely for your convenience
and the inclusion of such links does not imply that we have reviewed them or that
we endorse the content of such sites. Please be aware that when you exit our Site,
you are subject to the policies of the new site. Where we are offering our own content
on or through third party sites (whether by linking, framing or otherwise), your
use or display of that content shall be subject to this Agreement unless a specific
Supplemental Agreement is applicable to the use or display of that content.
13. Disclaimer of Warranties
Except as expressly provided otherwise in an applicable
Supplemental Agreement, we disclaim any and all responsibility or liability for
the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability,
operability or availability of information or material contained on the Site. The
Site may contain inaccuracies or typographical errors. We disclaim any responsibility
for the deletion, failure to store, misdelivery, or untimely delivery of any information
or material in respect of the Site or the use thereof. Any communications sent to
you via the Site or otherwise from us (including without limitation in the form
of newsletters, electronic mail or via telephone), and the contents of the Site
(including without limitation any financial market data and tax information) are
provided for informational and educational purposes only and are not intended to
provide legal, investment, tax or accounting advice and should not be relied upon
in that regard. Your financial and tax situation may be unique and therefore you
should independently consult a tax advisor.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE
HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, ALL SERVICES OFFERED ON THE SITE
ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS,
IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES
OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. WE AND OUR DATA PROVIDERS DISCLAIM
ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE
SERVICES OFFERED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE,
AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY
LINKS PROVIDED ON THE SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE SO AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING WITHOUT
LIMITATION ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM
DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL.
Some states do not allow the exclusion
of implied warranties, so these exclusions may not apply to you.
14. Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL
AGREEMENT, IN NO EVENT SHALL WE OR ANY OF OUR DATA PROVIDERS OR ANYONE ELSE INVOLVED
IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OR OPERATIONS OF THE
SITE (COLLECTIVELY THE "SITE PROVIDERS"), BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY CLAIMS WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE OR CONSEQUENTIAL DAMAGE (INCLUDING WITHOUT LIMITATION ANY LOST REVENUES,
LOST PROFITS, LOST OPPORTUNITIES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE, ANY COMMUNICATIONS
SENT TO YOU VIA THE SITE OR OTHERWISE FROM US (INCLUDING WITHOUT LIMITATION IN THE
FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THE SITE,
EVEN IF ANY ONE OF OR ALL OF THE SITE PROVIDERS IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO
YOU.
15. Indemnification
You agree to indemnify us and hold us harmless from and
against any Claims arising out of or relating to:
a. User Content and Feedback
you submit, post to or transmit through the Site; and
b. your violation of any
rights of any other person in connection with the Site, information you post on
the Site, information you receive from the Site, or the services provided on the
Site.
If at any time you are not happy with the Site or object to any material within
the Site, your sole remedy is to cease using them.
16. Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code,
Section 512(c)(2), all notifications of claimed copyright infringement on the Site
should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS
PROVIDED SOLELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR
TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE
CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. WE
CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL
IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY
DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER,
OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING
UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR
PERJURY.
Written notification must be submitted to the following Designated Agent:
Name of Agent Designated to Receive Notification of Claimed Infringement:
Company
Counsel-Copyright
Full Address of Designated Agent to Which Notification Should
be Sent:
Mendenhall Tax Services, 2672 Bayshore Parkway, Suite 608 Mountain View,
CA 94042
Email Address of Designated Agent: taxprep@mendnehalltaxes.com
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement
must include the following:
a. An electronic or physical signature of the owner
or of the person authorized to act on behalf of the owner of the copyright interest;
b. Identification of the copyrighted work (or works) that you claim has been infringed;
c. A description of the material that you claim is infringing, and the location
where the original or an authorized copy of the copyrighted work exists (for example,
the URL of the page of the web site where it is lawfully posted; the name, edition
and pages of a book from which an excerpt was copied, etc.);
d. A clear description
of where the infringing material is located on our Web site, including as applicable
its URL, so that we can locate the material;
e. Your name, address, telephone number,
and e-mail address;
f. A statement that you have a good-faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; and
g. A statement
by you, made under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or authorized to act on the copyright
owner's behalf.
17. Other Agreements
a. Governing Law.
This Agreement shall be governed
by the laws of the State of California, without regard to conflicts of law provisions.
b. Entire Agreement. This Agreement, along with any Supplemental Agreements, is
the entire and exclusive agreement between the parties, and it supersedes all previous
communications, representations or agreements, either oral or written, between them
with respect to this subject matter. No representations or statements of any kind
made by us, which are not included in this Agreement, shall be binding on us.
c. Amendments. You may not modify or amend this Agreement in whole or in part without
the prior written consent of one of our authorized representatives. We may replace
or amend this Agreement from time to time by posting new terms of service to this
Web page. Please check the terms of service periodically for changes. Your subsequent
use of the Site, or any content, services or materials provided through the Site,
will be subject in all respects to the terms of service in force at the time of
such subsequent use.
d. Waiver. No waiver of any provision herein shall be valid
unless in writing and signed by both our authorized representative and you. Our
failure to insist upon or enforce strict performance of any provision of this Agreement
or any right shall not be construed as a waiver of any such provision or right.
e. Severability. If any provision of this Agreement is determined to be illegal
or unenforceable, such provision shall be automatically reformed and construed so
as to be valid, operative and enforceable to the maximum extent permitted by law
or equity while preserving its original intent. The invalidity of any part of this
Agreement shall not render invalid the remainder of this Agreement.
f. Miscellaneous.
This Agreement shall inure to our benefit. Any and all references in this Agreement
to us, including without limitation pursuant to Sections 14 and 15 shall, where
the context so permits, include our parent companies, sister companies, and their
respective subsidiaries, affiliates, directors, officers, employees, contractors
and agents. The headings contained herein are for convenience only and shall have
no legal or interpretive effect. Additional terms and conditions may apply when
you use other services, affiliate services, third party content or third party software
on or through a link provided on the Site. We may assign our rights and duties under
this Agreement to any party at any time without notice to you.
g. Dispute Resolution.
You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort,
or otherwise) arising out of, relating to, or connected in any way with the Site
or the services provided on the Site will be resolved exclusively by final and binding
arbitration conducted pursuant to the American Arbitration Association's ("AAA"
Procedures for Consumer-Related Disputes in conjunction with the AAA's Commercial
Arbitration Rules (if and as applicable depending on the amount in controversy);
(2) This arbitration agreement is made pursuant to a transaction governed by the
Federal Arbitration Act ("FAA"), 9 U.S.C. Sections 1-16; (3) The arbitration shall
be held at the AAA regional office nearest you; (4) The arbitrator's decision shall
be controlled by the terms and conditions of this Agreement; (5) The arbitrator
shall apply Missouri law consistent with the FAA and applicable statutes of limitations
and shall honor claims of privilege recognized at law; (6) There shall be no authority
for any claims to be arbitrated on a class or representative basis; arbitration
can decide only your individual claims and the arbitrator may not consolidate or
join the claims of other persons or parties who may be similarly situated; (7) The
arbitrator shall not have the power to award punitive damages against any party;
(8) In the event that the administrative fees and deposits you are required to pay
under the AAA rules exceed $125, and you are unable to pay the additional fees and
deposits, we retain the right to forward them to the AAA on your behalf, subject
to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate
that the costs of arbitration will be prohibitive as compared to the costs of litigation,
we retain the right to pay as much of your filing and hearing fees in connection
with the arbitration as the arbitrator deems necessary to prevent the arbitration
from being cost-prohibitive; and (9) If any part of this provision is deemed to
be invalid or otherwise unenforceable or illegal, the balance of this provision
shall remain in full force and effect and shall be construed in accordance with
its terms as if the invalid or illegal provision were not contained herein. You
understand that, in the absence of this provision, you would have had a right to
litigate disputes through a court, including the right to litigate claims on a class-wide
or class-action basis, and that you have expressly and knowingly waived those rights
and agreed to resolve any disputes through binding arbitration in accordance with
this provision.