BUSY BEES BABYSITTING
AGREEMENT OF TERMS AND CONDITIONS (FAMILIES)
The terms and conditions stated herein (collectively, the “Agreement“) constitute a legal agreement between you and Busy Bees, LLC an Arizona limited liability company (the “Company“). In order to use the Service (defined below) and the associated Application (defined below) you must agree to the terms and conditions of the Agreement that are set forth herein. By signing below or by using or receiving any services supplied to you by the Company (collectively, the “Service“), or downloading, installing or using any associated website or application supplied by the Company which purpose is to enable you to use the Service (collectively, the “Application“), you hereby expressly acknowledge and agree to be bound by the Agreement, including its terms and conditions, and any future amendments and additions to this Agreement as published from time to time at http://busybeesbabysitting.com/ or through the Service.
The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Application at any time, effective upon posting of an updated version of this Agreement on the Service or Application. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Application after any such changes shall constitute your consent to such changes.
THE COMPANY DOES NOT PROVIDE CHILD CARE SERVICES, AND THE COMPANY IS NOT A CHILD CARE PROVIDER. IT IS UP TO THE INDEPENDENT CONTRACTOR/THIRD PARTY PROVIDER TO OFFER SERVICES WHICH MAY INCLUDE CHILD CARE AND MAY BE SCHEDULED THROUGH USE OF THE NETWORK, APPLICATION, OR SERVICE. THE COMPANY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH INDEPENDENT CONTRACTOR/THIRD PARTY SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE CHILD CARE SERVICES OR ACT IN ANY WAY AS A CHILD CARE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY CHILD CARE SERVICES OR OTHER SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
“Agreement” means this legal, binding Agreement of Terms and Conditions.
“Application” means the any associated website or application supplied by the Company which purpose is to enable you to use the Service.
“Collective Content” means, collectively, Company Content and User Content.
“Company” means Busy Bees, LLC, an Arizona limited liability company.
“Company Content” means Content that the Company makes available through the Service or Application, including any Content licensed from a third party, but excluding User Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Family” means a User that is seeking connection with a Sitter via the Network.
“Network” means the exclusive network of registered contact information of Families and Sitters owned by the Company for the purpose of the Company’s Service and Application.
“Service” means any services supplied by the Company. Service specifically includes, but is not limited to, providing an exclusive network for connecting Families with Sitters who will provide child care or virtual guidance through online educational and entertainment materials to Families.
“Sitter” means a User that is an independent contractor/third party to the Company that is seeking a connection with Families via the Network. Sitters are not employees or agents of the Company, and are not authorized to act on behalf of the Company or bind the Company in any way.
“User” means a person who accesses or uses the Service or Application.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Service or Application.
Representations and Warranties
By signing below or by using the Application or Service, you expressly represent and warrant that you are legally entitled to enter this Agreement. “Use” includes downloading or otherwise accessing the Application or website, and providing the Company with personal information.
By using the Application or the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service and/or Application is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Application or Service you agree to comply with all applicable Federal, State, and local laws, ordinances, and regulations.
You may only access the Service and Network using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Application for your device. The Company reserves the right to terminate this Agreement should you use the Service or Application with an incompatible or unauthorized device with or without notice.
By using the Application or the Service, you agree that:
- You will not directly contact Users, specifically including, but not limited to, Sitters or otherwise circumvent the Network for purposes of seeking services.
- You will keep secure and confidential your account password or any identification the Company provides you which allows access to the Service.
- You will provide the Company with whatever proof of identity the Company may reasonably request.
- You will only use the Service or Application for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.
- You will not use the Service or Application to cause nuisance, annoyance or inconvenience.
- You will only use a data account or access point that you are authorized to use.
- You are aware that when using the Application, standard messaging charges will apply.
- You will not impair the proper operation of the network.
- You will not try to harm the Service or Application in any way, whatsoever.
- You will not copy, or distribute the Application or other content without written permission from the Company.
- You will only use the Application and Service for your own use and will not resell it to a third party.
- You will not use the Application and Service in any way not intended or contemplated by this Agreement.
Exclusivity of the Network
You hereby expressly acknowledge that the Network is the exclusive property of the Company and agree that any and all contact with Users, specifically including Sitters, must be via the Network. Any contact with Users outside of the Network, or that otherwise circumvents the Network, for the purpose of obtaining Service, specifically including, but not limited to procuring child care, is a breach of this Agreement.
License Grant, Restrictions and Intellectual Property Policy
Licenses Granted by the Company
Subject to your compliance with the terms and conditions of this Agreement, the Company grants you a limited, nonexclusive, nontransferable license:
(i) to view, download, and print any Company Content solely for your personal and noncommercial purposes; and
(ii) to view any User Content to which you are permitted access solely for your personal and noncommercial purposes.
You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Service, Application, or Collective Content, except as expressly permitted in this Agreement.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in this Agreement. You will not modify or make derivative works based upon the Service or the Application; create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device; reverse engineer or access the Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Application, or (c) copy any ideas, features, functions or graphics of the Service or Application. You will not launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.
Subject to your compliance with this Agreement, the Company grants you a limited nonexclusive, nontransferable license to download and install a copy of the Application on a mobile device or computer that you own or control and to run such copy of the Application solely for your own personal use. The Company reserves all rights in and to the Application not expressly granted to you under this Agreement.
Accessing and Downloading the Application
You agree to adhere to any and all usage rules or terms of service applicable to an application source used to access and/or download the Application, i.e. App Store (“Application Source”). You acknowledge and agree that this Agreement is between you and the Company only, not any Application Source provider.
License Granted by User
The Company may, in its sole discretion, permit Users to post, upload, publish, submit, or transmit User Content. By making available any User Content on or through the Service or Application, you hereby grant to the Company a worldwide, irrevocable, perpetual, nonexclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, and otherwise exploit such User Content only on, through or by means of the Service or Application. The Company does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service or Application. Accordingly, you represent and warrant that:
(i) you either are the sole and exclusive owner of all User Content that you make available through the Service or Application or you have all rights, licenses, consents, and releases that are necessary to grant to the Company and to the rights in such User Content, as contemplated under this Agreement; and
(ii) neither the User Content nor your posting, uploading, publication, submission, or transmittal of the User Content or the Company’s use of the User Content (or any portion thereof) on, through, or by means of the Service or Application will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or any other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable Federal or State law or regulation.
(iii) neither the User Content nor your posting, uploading, publication, submission, or transmittal of the User Content or the Company’s use of the User Content (or any portion thereof) on, through, or by means of the Service or Application will defame or disparage the Company.
You shall not:
(i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
(ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that otherwise violates third party privacy rights;
(iii) send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs;
(iv) interfere with or disrupt the integrity or performance of the Application or Service or the data contained therein; or
(v) attempt to gain unauthorized access to the Application or Service or its related systems or networks.
The Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. The Company may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that the Company has no obligation to monitor your access to or use of the Service, Application, or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Service and Application, to ensure your compliance with this Agreement, or to comply with applicable Federal, State, and local laws, ordinances, and regulations, or the order or requirement of a court, administrative agency, or other governmental body. The Company reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that the Company, specifically including the Application, for any reason at its sole discretion.
Intellectual Property Policy
The Company alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Application or the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Application or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Application and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
The Company respects intellectual property law and expects its Users to do the same. It is the Company’s policy to terminate Users or other account holders who infringe, or are believed to be repeatedly infringing, the rights of intellectual property right holders.
Any fees that the Company may charge you for the Application or Service are due immediately and are nonrefundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, the Company’s decision to terminate your usage, disruption caused to the Application or Service either planned, accidental, or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing. Please note the pricing information published on the website may not reflect the prevailing pricing.
The Company, at its sole discretion, may extend promotional offers with different features and different rates to any of its customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer. The Company may change the fees for the Service or Application, as it deems necessary for business. The Company encourages you to check the website periodically for up-to-date fee information.
Third Party Interactions
During use of the Application and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers, or sponsors showing their goods and/or services through the Application or Service. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. The Company and its licensors shall have no liability, obligation, or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third party. The Company does not endorse any sites on the Internet that are linked through the Service or Application, and in no event shall the Company or its licensors be responsible for any content, products, services, or other materials on or available from such sites or third party providers. The Company provides the Application and Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
The Company may rely on third party advertising and marketing supplied through the Application or Service and other mechanisms to subsidize the Application or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing. The Company reserves the right to charge you a higher fee for the Service or Application should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website located at http://busybeesbabysitting.com/. The Company may compile and release information regarding you and your use of the Application or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
Waiver, Release, and Indemnification
By entering into this Agreement and using the Application or Service, you agree that you shall waive, release, defend, indemnify, and hold harmless the Company, its members and manager, its licensors, and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys, and agents from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising from or in any way related to the Service and Application, or services provided to you by Sitters, specifically including liability, claims, damages or injury related in any way to (1) COVID-19 and any other communicable or infectious disease; (2) the access to, or administration of, medication (over-the-counter and prescription drugs), including allergic or unexpected reactions and overdose; (3) transportation, including installation of child safety seats and collisions or acts by riders, other drivers, or objects; (4) violation or breach of any term of this Agreement or any applicable Federal, State, or local law, regulation, or ordinance; (5) violation of any rights of any third party; and (6) use or misuse of the Application or Service.
Disclaimer of Warranties
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (1) THE USE OF THE SERVICE OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA; (2) THE SERVICE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (3) ANY STORED DATA WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (5) ERRORS OR DEFECTS IN THE SERVICE OR APPLICATION WILL BE CORRECTED; OR (6) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND APPLICATION IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF ANY SERVICES, PRODUCTS, OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The Company’s Service and Application may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. The Company is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Limitation of Liability
THE COMPANY MAY INTRODUCE YOU TO INDEPENDENT CONTRACTOR/THIRD PARTY SERVICE PROVIDERS FOR THE PURPOSES OF PROVIDING CHILD CARE AND OTHER SERVICES. THE COMPANY WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY INDEPENDENT CONTRACTOR/THIRD PARTY SERVICE PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE INDEPENDENT CONTRACTOR/THIRD PARTY SERVICE PROVIDER, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, OR THEFT. YOU ACKNOWLEDGE THAT INDEPENDENT CONTRACTOR/THIRD PARTY SERVICE PROVIDERS PROVIDING CHILD CARE SERVICES REQUESTED THROUGH THE COMPANY MAY NOT BE PROFESSIONALLY TRAINED, LICENSED, OR OTHERWISE PERMITTED. THE COMPANY WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY INDEPENDENT CONTRACTOR/THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE APPLICATION OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. THE COMPANY WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APPLICATION OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE APPLICATION OR SERVICE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER ANY LAW WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THE QUALITY OF THE SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE OR APPLICATION IS ENTIRELY THE RESPONSIBILITY OF THE INDEPENDENT CONTRACTOR/THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE APPLICATION AND THE SERVICE, YOU MAY BE EXPOSED TO SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE, OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE APPLICATION AND THE SERVICE AT YOUR OWN RISK.
IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER, OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR APPLICATION, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Company may give notice by means of a general notice on the Application, electronic mail to your email address on record in the Company’s account information, or by written communication sent by first class mail or prepaid post to your address on record in the Company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or prepaid post) or 12 hours after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to the Company at the following address 4918 East Indianola Avenue, Phoenix, Arizona 85018.
This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By accessing and/or using the Application, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You and the Company agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Service or Application (collectively, “Disputes”) will be settled by binding arbitration, except that the Company retains the right to bring an individual action in small claims court to collect unpaid charges due for the Application or Service and each party 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. You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.)
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Arizona and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and the Company otherwise agree, the arbitration will be conducted in Maricopa County, Arizona. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and the Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Fees. Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules.
No joint venture, partnership, employment, or agency relationship exists between you, the Company, its members or managers or any third party provider as a result of this Agreement or use of the Service or Application. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under Arizona law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding the subject matter contained herein.