Effective Date: August 6, 2025
This website user agreement and linked documents made a part of this user agreement, such as the company privacy notice (collectively, the “User Agreement”), govern your access to and use of this website (the “Website”) and all text, graphics, data, information, and other material presented or otherwise displayed, or available, through the Website (collectively, the “Content”).
PLEASE READ THIS USER AGREEMENT CAREFULLY BECAUSE IT SETS FORTH LEGALLY BINDING TERMS. AMONG OTHER THINGS, THIS USER AGREEMENT CONTAINS AN ARBITRATION AGREEMENT THAT REQUIRES YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH Bourdon Spirits, A CLASS ACTION WAIVER THAT WAIVES THE ABILITY TO BRING CLAIMS AGAINST Bourdon Spirits IN A CLASS ACTION, AND A WAIVER TO A TRIAL BY JURY.
UNLESS YOU OPT OUT: (i) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (ii) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND WAIVING YOUR RIGHT TO HAVE A JURY TRIAL. More information about the arbitration, class action waiver, and jury waiver can be found in the ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY WAIVER SECTION BELOW.
Your use of the Website constitutes your acceptance of this this User Agreement with Bourdon Spirits LLC and its affiliates and subsidiaries (collectively, “Company” or “we” or “us”). We may change, add, or remove portions of this User Agreement at any time. We will post those changes on this page or otherwise as required by applicable law. If you do not agree to the changes we have made, please cease use of the Website. Your use of the Website after the effective date of any such change constitutes your acceptance of the applicable changes. Please check this User Agreement periodically to inform yourself of any changes.
ELIGIBILITY
YOU MUST BE OF LEGAL DRINKING AGE TO USE THIS WEBSITE. IF YOU ARE NOT OF LEGAL DRINKING AGE, DO NOT USE THIS WEBSITE. In order to enhance experience of our products, Company makes this Website available for the personal, non-commercial use and enjoyment of visitors who are of legal drinking age.
THE BUSINESS AND COMMERCIAL PURPOSES FOR WHICH WE USE YOUR PERSONAL INFORMATION
You represent and warrant to Company that you will not: (a) use this Website for any purpose that is unlawful or prohibited by this User Agreement; (b) provide false or misleading information via this Website; or (c) use or access the Website or Content in any way that does or may adversely affect the performance or function of the same or the ability of others to access the same. Any unauthorized use of this Website or the Content may subject you to civil or criminal penalties.
HOW WE DISCLOSE YOUR PERSONAL INFORMATION FOR OUR BUSINESS AND COMMERCIAL PURPOSES
All Content is owned by Company or its third-party licensors. You may not reverse-engineer, reproduce, display, post on any other website, modify, distribute, perform, reuse, broadcast, or otherwise transmit the Website or any Content or any portion of this Website without Company’s prior written consent. All names, logos, taglines, trademarks, service marks, design marks, trade dress, brand identities, graphics, artwork, videos, music, software and other intellectual property contained on this Website or in the Content are owned or licensed by Company (“Company Intellectual Property”) and may not be used by you without the prior written consent of Company.
The Company Intellectual Property may not be used: (a) by any third party or in connection with any product or service that is not authorized by Company; (b) in any manner which is deceiving to the public or which would impair, dilute, or diminish the value of the Company Intellectual Property or harm Company’s reputation; (c) in any modified manner, unless authorized by Company; and (d) in any manner likely to cause confusion, disparagement, or dilution as to source.
DISCLAIMERS OF WARRANTIES
Although Company makes all reasonable efforts to ensure that the Content is up-to-date and correct, Company makes no warranties as to its accuracy. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT ON THE WEBSITE, AND ALL PRODUCTS, SERVICES, AND OTHER OFFERS REFERENCED OR OBTAINED THROUGH THE WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SERVICE SHALL BE TO DISCONTINUE USING THE SITE.
WAIVER OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW NEITHER COMPANY NOR ITS SHAREHOLDERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AGENTS, LICENSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OTHER BUSINESS PARTNERS, VENDORS AND EMPLOYEES (THE “COMPANY PARTIES”) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS USER AGREEMENT, THIS WEBSITE OR YOUR USE OF THIS WEBSITE, ANY CONTENT PROVIDED ON, LINKED TO, OR DOWNLOADED FROM THIS WEBSITE, OR ANY PRODUCTS, SERVICES, AND OTHER OFFERS REFERENCED OR OBTAINED THROUGH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO CEASE ALL OF YOUR USE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF COMPANY AND COMPANY PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO THIS USER AGREEMENT, THE WEBSITE OR YOUR USE OF THIS WEBSITE, ANY CONTENT PROVIDED ON, LINKED TO, OR DOWNLOADED FROM THIS WEBSITE, OR ANY PRODUCTS, SERVICES, SAMPLES AND OTHER OFFERS REFERENCED OR OBTAINED THROUGH THE WEBSITE SHALL NOT EXCEED US$ 100.00.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitation in this User Agreement that directly conflict with such laws may not apply to you.
PRODUCT ORDERS
This Website links to third-party provider websites, which may offer certain products and merchandise for sale. All orders placed through those third-party websites are fulfilled by third-party providers. Terms governing fulfillment of such placed orders will be those of the relevant third-party provider and questions and concerns must be addressed directly with those providers. By placing an order through those links, you agree to and will be bound to the terms of the relevant third party provider.
Shopify Terms; Third Party Purchase Terms
Some products purchased on the Website are purchased through an e-commerce platform provided by Shopify Inc. Shopify’s Terms of Use and Shopify’s Privacy Policy, including any future updates or revisions (collectively, the Terms of Use and Privacy Policy, as updated and revised from time to time, are the “Shopify Policies”) apply to use of and purchases made through Shopify’s platform. Shopify’s Privacy Policy sets out, among other things, what data Shopify collects, which includes information about your Orders, personal information, geolocation information, and products you select, whether or not you actually make a purchase, and how Shopify uses that data. Among others, Shopify’s Terms of Use set out purchase and payment terms and use of third party payment processors. You are responsible for reading and understanding the Shopify Policies and Shopify’s rights thereunder. Company has no obligation, responsibility or liability under the Shopify Policies. Shopify makes its Terms of Use available at https://shop.app/terms-of-service and its Privacy Policy available at https://www.shopify.com/legal/privacy, or such other future replacement sites.
USER INPUT AND SUBMISSIONS
You acknowledge that any electronic mail, electronic messaging or other input to Company through this Website is non-confidential. The submission of such materials in no way creates any obligation or duty on the part of Company to post or use such materials or, if Company does so, to give you credit or payment. You represent and warrant that you own or have permission to transmit any materials, videos, GIFs, images, photographs, content, or communications (collectively, “Material(s)”) transmitted by you to this Website and that such Materials do not infringe upon, misappropriate, or violate the copyright, trademark, other intellectual property, publicity, or privacy rights of any third party or non-person, whether living or dead. By submitting, transmitting or posting any Material to this Website, you grant Company and all other such third parties as Company may designate, the absolute, irrevocable, worldwide, perpetual right and permission to reproduce, publish, store, post, display, distribute, identify, depict, modify, license, exploit, prepare derivative works of and/or otherwise use the Material, in any manner, form, format or media now or hereinafter created and for any purpose, including but not limited to advertising, all without further notice, consent or payment.
All Material you submit to Company through the Website must be your original creation – in other words, you must have created the Material. If the Material is not your original creation, the person who created the Material must submit it. By submitting Material to the Website, in addition to the representations and warranties in the paragraph above, you represent and warrant that you are at least legal drinking age, and that such Material, including the contents thereof, is your original creation, has not been copied in whole or in part from any other work, and is your sole and exclusive property.
In addition to the rights granted above, by submitting Material to the Website which feature or include your image or likeness, you hereby grant Company permission to use your image or likeness as it appears in any such Material and to reproduce, publish, store, post, distribute, display, identify, depict, modify, license, exploit, prepare derivative works of and/or otherwise use the Material, and to post such Material (as submitted, or as edited, modified or otherwise changed at Company’s sole discretion) in composite or distorted character, with or without accompanying music or credit to you, in any manner, form, format or media now or hereinafter created and for any purpose, including but not limited to advertising, all without further notice, consent or payment. If you submit any Material that contains the image or likeness of any person other than you, you agree to obtain written permission from each such person for Company to use such image or likeness as it appears in such Material and to post such Material on the Website, in the manners described above. By submitting any photograph that contains the image or likeness of any person other than you, you represent and warrant that you have obtained such written permission and that such person is of legal drinking age.
Any Material submitted to the Website that shows illegal, dangerous, unsafe, pornographic, obscene, profane, defamatory, libelous, or threatening activity or material; any activity or material which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive or irresponsible consumption of alcohol, or otherwise violate any law or regulation, or the rights of third parties; or that is otherwise deemed by Company, in its sole discretion, to be inappropriate (including, without limitation, if any such photograph contains an image of a competitive product) will not be posted. Without limiting the generality of the foregoing, any Material will not be accepted or posted, or may be removed to the extent permissible by law, if Company believes, in its sole discretion, that it contains any of the following: (a) persons under the legal drinking age; (b) competitive products; (c) unsafe behavior / activity that could result in physical injury or property damage; (d) third party materials that you have no rights to, including without limitation, photographs owned by third parties, images or likenesses of celebrities or other individuals, third party trademarks, artwork, music, videos, etc.; (e) illegal activity, including drug use; (f) obscenity or profanity; (g) defamatory or libelous content; (h) content disparaging any brand of Company or any of their competitors; (i) racist or sexist content; (j) harassing, abusive, vulgar or pornographic content; (k) gambling; (l) false or misleading content; (m) trade secrets, or other confidential commercial or financial information; (n) private information of any third party including without limitation, address, phone number, email address, social security number or credit card information; (o) malicious code, viruses, spyware, trojans or other harmful components; or (p) any content in poor taste.
You must be of legal drinking age to submit Material to the Website.
LINKS
This Website contains links to third-party websites (including social media platforms and sites from which items can be purchased) (“Linked Sites”). Company provides the Linked Sites solely as a convenience to you and the Linked Sites are not under our control. We do not make any guarantees, representations or warranties as to the Linked Sites or content on or delivered by a Linked Site (“Linked Site Content”), including regarding the accuracy, subject matter, quality or timeliness of the Linked Site or such content, and we have no liability for any Linked Site or any Linked Site Content.
Your use of Linked Sites and Linked Site Content is subject to any applicable policies and terms and conditions of the Linked Site and use thereof, including but not limited to, the Linked Site’s privacy notice. You are responsible for complying with all such policies. Any concerns regarding the Linked Sites or Linked Sites Content must be directed to the applicable site.
You must obtain Company’s permission to link this Website, or any page on the Website, to your website. The fact that Company may be linked to third party websites does not indicate that Company has granted permission to link, and does not constitute an affiliation with, endorsement or recommendation of such third-party website.
PRIVACY NOTICE
Some areas of the Website require you to provide information to user certain features and access certain services. Any personal information you provide to us is governed by our Company Privacy Notice (the “Company Privacy Notice”). The Company Privacy Notice describes what information is collected, how the information is used, and the choices you have about the way the information is used. The Company Privacy Notice is hereby incorporated as a part of this User Agreement. By accessing this Website, you agree to the terms of our Company Privacy Notice. If you choose not to provide personal information, you may not be able to access certain features of the Website.
You agree to provide only true, accurate, current and complete information at all times. If we reasonably believe you provided any untrue, inaccurate, misleading, outdated, or incomplete information, we have the right to deny you access to any or all features of the Website.
You acknowledge that while Company takes commercially reasonable technical, administrative, and physical security measures to protect your personal information, no method of transmission over the Internet, or method of electronic storage is 100% secure. We do not guarantee absolute security and we are not responsible for any harm caused by interception of such communications or data or information contained therein.
COMMUNICATIONS
You acknowledge that any communications between you and us may be recorded or monitored by us or any of the Company Parties and you agree to such recording or monitoring without further notice to you. If you do not agree, you must not use the Website or communicate with us other than in a writing sent to us by First Class Mail through the United States Postal Service.
INDEMNITY
You shall indemnify, defend and hold the Company Parties harmless from and against any claim or demand, including reasonable attorneys’ fees, due to or arising out of: (a) Materials you submit, post, transmit or make available through the Website; (b) your use of the Website; (c) your connection to the Website; (d) your violation of this User Agreement; or (e) your violation of any rights of another.
APPLICABLE LAWS
This Website is created and controlled by Company in the State of New York. You agree that any claim arising from or relating to this Website, the products, services or offers provided through this Website or this User Agreement shall be governed by the substantive laws of the State of New York, without giving effect to any principles of conflicts of law. This Website has been designed to comply with United States law. You are responsible for complying with all applicable local laws if you access this Website from locations outside the United States.
We are working to ensure that all authorized users of our Website, with or without disabilities, are able to access and use the Content. Company seeks to meet the standards put forth by the World Wide Web Consortium Web Content Accessibility Guidelines. If, because of a disability, you are unable to access and use Content, or have any questions, then please contact us.
ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND JURY WAIVER
MANDATORY BINDING ARBITRATION.
You and we agree that final and binding arbitration on an individual basis shall be the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of our products or services, this Website, your use of the Website, any communications you have with us, or this User Agreement. You and we acknowledge and agree that the Federal Arbitration Act (FAA), including its procedural provisions, governs, among other things, the interpretation and enforcement of this provision requiring mandatory arbitration, including the class action waiver discussed below. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this User Agreement and/or this arbitration agreement, including but not limited to, the arbitrator’s jurisdiction and any claim that all or any part of this User Agreement is void or voidable. Notwithstanding your agreement to mandatory arbitration, you may assert your claim in small claims court, if your claims qualify within that court’s jurisdiction and so long as the matter remains in small claims court and advances only on an individual (non-class, non-representative) basis.
Arbitration shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than or equal to $75,000 (exclusive of attorney’s fees, costs, and alleged punitive damages or penalties), the AAA’s Consumer Arbitration Rules will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at https://www.adr.org. Any Notice of Arbitration should be mailed to us at the following address: Bourdon Spirits LLC, 2151 Souther Preserve Lane, Franklin, TN 37064 Attn: Legal Department. To the extent there is a conflict between the AAA rules, on the one hand, and this User Agreement and/or this arbitration agreement, on the other hand, the User Agreement and arbitration agreement shall govern. If, and only if, the AAA declines for any reason to administer the arbitration or is otherwise unable to administer the arbitration for any reason, you agree that the arbitration will be administered by the National Arbitration and Mediation, LLC (“NAM”) and governed by NAM’s rules.
In addition to the application of the FAA, any dispute between us will be governed by and construed and enforced in accordance with the laws of New York, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
Expressly excluded from this arbitration agreement are: (a) any claims that cannot be required to be arbitrated as a matter of New York law not subject to federal preemption (including claims or charges that must be filed with a governmental administrative agency); (b) applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including but not limited to those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (c) small claims actions demanding $12,500 or less brought on an individual basis and within a small claims court’s jurisdiction.
Except as otherwise required by applicable law, in the event that this arbitration agreement is found not to apply to, or not be enforceable with respect to, you or your claims, you and we agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts located in Monroe County, New York. If any judicial proceeding is brought elsewhere, it shall be transferred to a court located in Monroe County, New York. Both you and we consent to venue and personal jurisdiction there. To the extent permitted by applicable law, we both agree to waive our right to a jury trial.
This arbitration agreement shall survive termination of this User Agreement. If any portion of this arbitration agreement, other than the prohibition on bringing class or collective actions, is deemed invalid or unenforceable, the remaining portions of this arbitration agreement shall remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this arbitration agreement as to a particular claim for relief, then that claim alone shall be severed from the arbitration agreement and may be brought in court. However, if an arbitration proceeds on any other claim, the claim that is severed and brought in court shall be stayed until the conclusion of any arbitration.
CLASS ACTION WAIVER.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. Disputes may not be joined or consolidated unless agreed to in writing by all parties. The arbitrator is bound by this User Agreement and this arbitration agreement to the extent they modify the AAA (or NAM) rules. As a result, the arbitrator shall have no power or authority to preside over, certify, adjudicate, or determine any form of class or collective action and further shall have no power or authority to consolidate or join any claim or dispute between any other party and us with your claim. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. In the event that this CLASS ACTION WAIVER is found unenforceable by a final decision of a court of competent jurisdiction, then any putative class action may only proceed in a court of competent jurisdiction WITHOUT A JURY and not in arbitration.
Opt-out. If you do not want to be bound by this binding arbitration provision and class action waiver, you must notify us within 30 days of the date that you first use the Website or otherwise accept or receive this User Agreement by sending a written notification to Bourdon Spirits LLC that includes your actual name, address, telephone number, email address, signature, and a clear statement that you do not wish to resolve disputes with us through arbitration.
Arbitration Procedures, Award, and Appeals. Either party may initiate an arbitration with the AAA. If, and only if, the AAA declines for any reason to administer the arbitration or is otherwise unable to administer the arbitration for any reason, you agree that, alternatively, the arbitration will be administered by NAM. Any hearing shall be conducted virtually, unless the parties agree otherwise or the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, such hearing will be held in Monroe County, New York, or any other location agreed upon by the parties.
Except as provided for in this arbitration agreement and this User Agreement (including the Waiver of Liability provision), the arbitrator is otherwise empowered to grant all remedies and whatever relief that a party would be entitled to in a court of law or equity under applicable law, including, without limitation, declaratory or injunctive relief of any nature. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this arbitration agreement and this User Agreement. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
The arbitrator shall issue a reasoned award. Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitration administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this arbitration agreement and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not appealed, and any panel award on appeal, shall be final and binding, except for any appeal right under the FAA, and may be entered as a judgment in any court of competent jurisdiction. For purposes of entry of an arbitration award as a judgment, you and we agree to the personal jurisdiction of the federal and state courts located on Monroe County, New York.
Mandatory Informal Dispute Resolution. Before filing a claim against us in any forum, you agree to first attempt to resolve the dispute informally by notifying us of your claim by sending a written notification to Bourdon Spirits LLC with the subject line “DISPUTE NOTICE.” The Dispute Notice must contain the following information: (1) your name, (2) address, (3) home and mobile telephone numbers, (4) the email address(es) used in connection with any transactions or interactions with us, (5) a brief description of the nature of the complaint, and (7) the resolution you seek. If your Dispute Notice does not contain all the above information (or an explanation of why you are unable to include it), then the Dispute Notice shall be without effect and must be resubmitted before any arbitration or other legal action against us can be initiated. This requirement is intended to inform us that you have a complaint to be resolved. If the dispute is not resolved within 60 days of receipt of the Dispute Notice, either party may seek relief as stipulated in this arbitration agreement.
Arbitration Procedure and Fees. Each party will be responsible for its own filing fees for the arbitration. However, if your entire demand totals less than $1,000, we will reimburse you for the filing fee upon written request for reimbursement with documentation of insufficient funds to pay the fee. If you are able to demonstrate that the costs of arbitration would be prohibitive as compared to costs of litigation, we will pay as much of the fees and costs of the arbitration as the arbitrator deems necessary in order to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation. In the event that the AAA’s Consumer Mass Arbitration and Mediation Fee Schedule or the mass arbitration fee schedule of another administrator applies, such fee schedule shall govern.
Aside from the potential reapportionment of the arbitration fees discussed in the paragraph above, each party shall bear all of their own fees and expenses, including for their respective attorneys, experts, and witnesses, except as otherwise required by law or contract.
For discovery purposes only, upon a request/motion of a party, an arbitrator may consolidate claims filed by multiple individuals, each on their own behalf, in a single arbitration proceeding, so long as the arbitrator does not (a) certify (conditionally or otherwise) a collective, class, or representative action that includes individuals who have not themselves already submitted their own individual claims, or (b) authorize the issuance of notice of the arbitration to individuals on the grounds that the arbitrator or any party believes there are other individuals who are similarly situated to or share commonality with a party to the arbitration. The merits hearing for any arbitration must proceed on an individual, not consolidated, basis unless specifically agreed in writing by all parties after the arbitrations have been filed.
WAIVER OF RIGHTS, INCLUDING TO TRIAL BY JURY.
By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. The rules in arbitration are different. There is no judge or jury, and review of an arbitrator’s decision is very limited. BOTH PARTIES FURTHER AGREE THAT, WHETHER A CLAIM WILL BE RESOLVED IN ARBITRATION OR IN COURT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.
TERMINATION OF USAGE
Company may terminate your right to use this Website, with or without cause at any time in its sole discretion, including, without limitation, upon your violation of this User Agreement. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
Materials may be made available via the Website by third parties not within Company’s control. Company is under no obligation to scan content posted on the Website for the inclusion of illegal or impermissible content. However, Company respects the copyright interests of others, and it is Company’s policy not to permit Materials known by Company to infringe another party’s copyright to remain on the Website. Accordingly, Company complies with the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.).
If you believe any Materials on the Website infringe a copyright, you should provide Company with written notice that at a minimum contains:
Upon receipt of a notice of infringement that complies or substantially complies with the DMCA, Company will act promptly to remove or disable access to any Material claimed to be infringing. Company will take reasonable steps to notify the user that created or posted the relevant Material that it has removed or disabled access thereto. Any user whose Material has been removed or disabled in accordance with this policy may provide Company with a counter notification under the DMCA. Such counter notification must be provided in writing addressed to Company’s Copyright Agent at the address listed above and must contain:
The DMCA allows Company to restore removed content if the party filing the original DMCA notice does not file a court action against the user within 10 business days of receiving the copy of the counter notification.
Please be aware that if you knowingly materially misrepresent that Material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is Company’s policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others. In no event shall Company be liable for any claim of copyright infringement which may arise from the posting of any Material on any third-party website or that may arise from any other unauthorized use by a third party of such Material or other Company user generated content.
ENTIRE AGREEMENT
Upon entering this Website, you agreed to the terms of this User Agreement. This User Agreement, including all documents linked herein (including the Privacy Notice) represent the entire understanding between you and Company regarding your relationship with Company, this Website, and the subject matter of this User Agreement, and supersede any prior statements or representations. If any provision of this User Agreement, or portion thereof, is determined to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of parties as reflected in this User Agreement and the remainder of this User Agreement shall continue in full force and effect. Company’s failure to enforce any provision of this User Agreement shall not be deemed a waiver of such provision nor of Company’s right to enforce such provision.