THIS IS A LEGALLY BINDING AGREEMENT WHICH GOVERNS YOUR ACCESS TO AND USE OF WWW. JSDENTALLAB.COM, INCLUDING ANY CONTENT, FEATURE, FUNCTIONALITY OR SERVICES AT ANYTIME OR FROM TIME TO TIME OFFERED OR PROVIDED ON OR THROUGH THIS WEBSITE.
IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE WITHOUT ANY MODIFICATION BY YOU, YOU ARE NOT AUTHORIZED TO AND MUST NOT ACCESS OR USE THIS SITE OR ANY FEATURE, FUNCTIONALITY OR SERVICE OFFERED ON OR THROUGH THIS SITE.
By using the Services in any manner, you agree to be legally bound by the following Terms:
1. THE SERVICES WE PROVIDE. Company does not in any respect, directly or indirectly, offer or provide medical care or health care services. Rather, we offer and sell custom dental night guards directly to the consumer.
a. “Derivative” means with respect to copyrightable or copyrighted works of authorship, a derivative work thereof as defined under United States copyright laws; for patentable or patented subject matter, any improvement thereof or thereon; and for material which is protected as a trade secret, any new material derived from such existing trade secret material, including new material which may be protected by copyright, patent or as a trade secret.
b. “Electronic Health Record” or “EHR” means a collection of electronic health information about a patient that is recorded in digital format and capable of being shared across healthcare settings via network connected enterprise wide information systems and other information networks or exchanges. EHRs generally include patient demographics, medical procedures prescribed, physician information, physician notes, and medical record numbers.
c. “Firewall” means computer hardware and software that block unauthorized communications between a Person’s computer network and external networks.
d. “Host Server” means any Server(s) on which we have installed any Hosted Application for and in connection with the Services.
e. “Intellectual Property Rights” means any intellectual property rights which may exist or be created under the Laws of any country or other jurisdiction anywhere in the world, whether arising under statutory or common law or otherwise, and whether or not perfected, including, without limitation, all (i) patents and patent applications; (ii) industrial property rights; (iii) rights associated with works of authorship, including copyrights, copyright applications, copyright registrations, mask work rights, mask work applications, mask work registrations; (iv) moral rights; (v) rights relating to the protection of trade secrets and confidential information; (vi) rights of privacy or publicity; (vii) rights associated with trademark, service mark, trade dress, or trade name, including any common law rights and any state or federal trademark or service mark applications or registrations; (viii), continuations, renewals, reissues and extensions of any of the foregoing whether in whole or in part(as and to the extent applicable) now existing, hereafter filed, issued or acquired; and (ix) any right analogous to those set forth in this definition; and (ix) any other proprietary rights relating to intangible property.
f. “Person” means a natural person, a corporation (for profit or not for profit), an association, a partnership (general or limited), limited liability company, limited liability partnership, joint venture, trust, government or political department, subdivision or agency, or any other entity.
g. “Processing” of or to “Process” patient data (or any other data or materials) means any operation or set of operations that is performed upon patient data or other data or materials, and includes without limitation the following: access, collection, use, retention, copying, organization, viewing, reviewing, display, caching, storage, adaptation, modification, editing, printing, creating Derivative Works of, or alteration, retrieval, uploading, downloading, transmission, dissemination or otherwise making available.
h. “Protected Health Information” or PHI” has the meaning provided under that part of the HIPAA privacy rule that protects all “individually identifiable health information” held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper or oral. The HIPAA privacy rule calls this information “protected health information (PHI)”. “Individually identifiable health information” is information, including demographic data, that relates to the individual’s past, present or future physical or mental health or condition, the provision of healthcare to the individual, or the past, present, of future payment for the provision of healthcare to the individual, and that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual. “Individually identifiable health information” includes common identifiers such as name, address, birth date, social security number. The HIPAA privacy rule excludes from PHI employment records that a covered entity maintains in its capacity as an employer, and education and certain other records subject to, or defined in, the Family Educational Rights and Privacy Act, 20 USC Section 1232g.
i. “System” means the Services, Website, any feature, or functionality of or on the computers, Server(s) (including Host Servers), modems, routers, cables and any other equipment, devices, or connections provided by us, including any provided by us, to facilitate Your online access to a Host Server and on line use of features or functionality of Hosted Applications over the Internet.
j. “User Data” means any user information submitted by User, or any other content, image, audio, video or other file, information, forms, documents, materials or data recorded, compiled, collected, uploaded to, downloaded from, stored or otherwise processed on, by or through, or otherwise
utilizing the Website or the Services (or any other part of the System) in any respect relating to or in connection with, any Registered User or any Registered User’s access to or use of the Website or the Services or any other part of the System.
2.2 GENERAL RULES OF CONSTRUCTION.
3. LIMITED LICENSE AND USE OF SERVICES
3.2 LOGIN CREDENTIALS. You are responsible for safeguarding the account log in information that you use to access the Services and you shall be liable for any improper or unauthorized activities or actions under your account. You agree not to disclose your account log in information to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You should use particular caution when accessing Services from a public or shared computer so that others are not able to view or record confidential information, your log in information, or other personal information.
3.3 GRANT OF LICENSE TO REGISTERED USERS.
c. If you access the Website or the Services using an Apple IOS, Android or Microsoft Windows powered device, then your access to the Services using those devices is also subject to the usage terms set forth in the applicable third party’s terms of service. When you access Services through a mobile network, or when the Company wishes to communicate with you regarding urgent information, your network or roaming provider’s messaging, data or other rates and fees will apply.
d. Our Service may contain links to third-party web sites or services that are not owned or controlled by J&S Dental Lab. J&S Dental Lab has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that J&S Dental Lab shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
3.5 RELIANCE ON INFORMATION POSTED. We do not warrant the accuracy, completeness or usefulness of the information on the Website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you to the Website.
3.6 SERVICE MODIFICATIONS AND MAINTENANCE.
b. In addition to our right to suspend, terminate or revoke the User License and your access to the Website or the Services (or any other part of the System) in accordance with any other
4. YOUR RESPONSIBILITIES; PROHIBITED ACTS
4.1 You must never use the Website or the Services in any manner which violates, or which we reasonably believe or suspect might violate applicable Laws.
4.2 Company may cooperate with law enforcement authorities in the investigation and prosecution of criminal activity. You agree that Company may disclose your data, including any information regarding IP addresses, account history, account use, account log in information, or any other information, data, or materials to any law enforcement agency as permitted hereunder or as may be required under applicable Laws, in each case without your or anyone else’s consent, and without any notification to you or anyone else.
a. modify, alter, tamper with, or interfere with any feature, functionality or proper working of the Website or the Services (or any other part of the System);
b. reverse engineer, decompile, disassemble or otherwise attempt to discern or derive the source code or any underlying algorithm, or create Derivative Works of any technology or any part thereof or to violate, misappropriate or infringe any Intellectual Property Rights;
c. disclose your account log in information or fraudulently establish or utilize any account log in information;
d. fraudulently access or use any of the Services to avoid incurring applicable fees or exceeding applicable usage limits;
e. attempt to hack or break (or hack or break) any security mechanism of or on the System or any part thereof;
f. access or use or attempt to access or use the Website or the Service (or any other part of the System) in any way that is disruptive to or threatens the System (or any part thereof) or any access or use of the System (or any part thereof) by us or any of our other customers or licensees;
g. share or make available for viewing to any unauthorized Person, any PHI contained on the Website or the Services;
h. use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithms or methodology to access, acquire, copy or monitor the Website or Services (or any other part of the System), any other data, information or materials, for any purpose.
4.5 CONTINOUS OPERATION. We do not warrant uninterrupted or error free operation of the Website or the Services (or any other part of the System), or that we will correct any defects, nor do we make any representation or warranty as to the capacity, performance or scalability of the Website or the Services (or any other part of the System).
4.6 COOPERATION. You must promptly provide us with any information, cooperation or assistance we may from time to time reasonably request to enable us, the Website, or the Services to comply with applicable Laws. We may report or provide such information or documents to regulatory or law enforcement authorities if and to the extent we in our sole and absolute discretion deem necessary and appropriate in order to comply with applicable Laws.
5. MONITORING AND ENFORCEMENT
We have the right to:
a. take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or the Services (or any other part of the System);
c. without limiting the foregoing, to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or the Services. You waive, and agree to indemnify and hold harmless Company and its affiliates, licensees and service providers from and against any claims resulting from any action taken by law enforcement authorities.
6. PROPRIETARY RIGHTS
6.1 COMPANY’S PROPRIETARY RIGHTS.
a. The name “J&S Dental Lab” and the domain “www.JSDentalLab.com” and our graphics, logos, page headers, button icons, scripts and service names and other source identifying symbols or device used by us on or in connection with the Website or the Services are our trademarks or trade dress,
in the United States and/or other countries (collectively “Proprietary Marks”). You may not use any Proprietary Marks without our prior express written permission, which permission may be conditioned or withheld in our sole discretion.
6.2 SUGGESTIONS. If you provide us with any recommendations, advice, ideas or suggestions regarding improvement(s) to, or Derivatives of the Website or the Services (or any other part of the System) (each a “Suggestion” and collectively “Suggestions”), we will own all right, title and interest (including any Intellectual Property Rights) in and to that Suggestion (or those Suggestions) even if you designate the Suggestion as “confidential”, “proprietary” or with words of similar import. We, our Affiliates, successors, or assigns shall be entitled to use and exploit any Suggestion without restriction and without any obligation to pay or to otherwise compensate you or anyone else. You shall, and hereby do, irrevocably assign to us all right, title and interest (including all Intellectual Property Rights) in and to all Suggestions (if any) and agree to provide us or our designees with any assistance we or they may reasonably request or require from time to time to further document, perfect and maintain our rights in or to any Suggestion(s).
6.3 You agree never to use or register, or authorize others to use or register, any corporate, company, domain, trade or service name or mark containing any Proprietary Mark or any component or alternate spelling thereof or any similar or confusingly similar term thereto.
a. You agree to release (and do hereby release) and indemnify, defend and hold harmless Company, our Affiliates, licensors, contractors, agents and our or their respective employees, officers, directors, members or managers (each an “Indemnitee” and collectively the “Indemnitees”) harmless from and against any and all liabilities, claims, losses, actions, cause of action, suits (regardless of whether in law or in equity), proceedings, judgments, fines, penalties, costs and expenses (including attorneys fees, expert witness fees and court costs incurred prior to or during trial, arbitration or appeal) in any manner relating to or arising, directly or indirectly from or in connection with:
(i) your use or misuse of the Website or the Service, or any information posted on the Website or any Service;
(iii) the content or subject matter of any information or materials that you may from time to time provide to Company, any of our Affiliates, any Licensed Healthcare Professional, or any of their respective personnel;
(iv) any healthcare outcome, bodily injury or property damage which you may suffer or incur arising from or in connection with any use or inability to use the Website or the Services, or any information or materials which may from time to time be Posted on or comprise the Website or any Services;
(v) any negligent act, omission, misconduct by you in or in any respect relating to your use, misuse or inability to access or use the Website or the Services or any information posted on or comprising the Website or any Service; or
(vi) any infringement by you of our or any third party’s Intellectual Property Rights, or any other negligent or wrongful act or omission by you.
7.2 NOTIFICATION. We will promptly notify you of any claim which we become aware of and which we believe to be subject to indemnification by you under this Section 7. Our failure to promptly notify you shall not, however affect your indemnification obligations hereunder except to the extent that our failure to promptly notify you materially prejudices your ability to defend the claim. We shall have the right to select our own counsel and direct our own defense with respect to any such claims, demands, actions, suits or proceedings and you shall cooperate fully and in good faith with us in any such defense. At our option, you will have the right to defend against any such claim(s) with counsel of your own choosing and reasonably acceptable to us (subject to a conflicts assessment), and to settle such claim as you reasonably deem appropriate, provided that you (nor any Person acting on your behalf) may enter into any settlement without our express prior written consent (which may be conditioned or withheld in our sole and absolute discretion) and provided that we may, at any time, elect to take over control of the defense and settlement of any claim
8.2 TERMINATION OR SUSPENSION BY US FOR CAUSE. We may terminate or suspend the User License and your access to or use of the Website or any Services (or any other part of the System) in whole or in part, in our sole and absolute discretion at any time with or without our giving of any notice
8.3 TERMINATION OR SUSPENSION BY US OTHER THAN FOR CAUSE. We may terminate or suspend the Registered User License as to you, and your access to or use of the Website or any Services for any or no reason, and in our sole and absolute discretion at any time by providing you with not less than twenty-four (24) hours prior notice or without prior notice in the event of System outages, emergency maintenance or repair or force majeure.
8.4 EFFECT OF TERMINATION
8.5 COPIES AND ARCHIVES. You acknowledge that we shall be entitled (but except to the extent otherwise required under applicable Laws, not obligated) to retain archives and a copy of any and all User Data which you may Process on or through the Website or any Service (or any other part of the System), which we in our sole and absolute discretion determine to be needed to respond to any inquiries following expiration or termination of the Term or to evaluate any claims (if any), or queries and requests of law enforcement or other governmental agencies, or which may be required in order to comply with applicable Laws.
If you are authorized to act on behalf of a copyright owner, and any material on the Website or the Services infringes the Intellectual Property Rights of the copyright owner, please notify us at: J&S Dental Lab with the Subject: COPYRIGHT at email@example.com.
To be effective, your notification must provide us with information that meets certain requirements of the Digital Millennium Copyright Act, title 17, United States Code, Section 512, which are summarized as follows:
a. a physical or electronic signature of a Person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. a detailed identification of copyrighted work or works claimed to have been infringed;
c. information sufficient to permit us to locate the allegedly infringing material;
d. information sufficient to permit us to contact you, such as an address, telephone number or email address;
e. a statement that you have a good faith belief that the use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
f. sworn statement that the information in your notification is accurate and that you are authorized to act on behalf of the copyright owner of the allegedly infringed material.
10. DISCLAIMERS & LIMITATIONS ON LIABILITY
10.1 SERVICE RELIABILITY AND WARRANTIES. We make no warranty that the Website or the Services (or any other part of the System) will meet your requirements, or that the Website or the Services will be uninterrupted, timely, 100% secure, or error free, or that defects, if any, will be corrected. This includes loss of data resulting from delays, and any service interruption caused by our employees or contractors. We are not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers.
We will take commercially reasonable precautions to protect against failure of our equipment and software. You acknowledge and agree that temporary interruptions in service may occur, and that we shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of or inability to access or use the Website or the Services (or any other part of the System). You acknowledge and agree that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Website or the Services.
COMMUNICATE OR OTHERWISE INTERACT ON OR THROUGH THE SITE OR ANY SERVICES OR AS TO ANY TREATMENT, HEALTHCARE OUTCOMES, ANY ACTIONS OR APPLICATIONS OR PREPARATION OF MEDICATION BASED UPON OR RELATING TO ANY INFORMATION OFFERED OR PROVIDED BY ANY PERSON OR ENTITY ON, THROUGH OR UTILIZING THE SITE OR ANY SERVICES (OR ANY OTHER PART OF THE SYSTEM). FURTHERMORE, NEITHER WE NOR ANY OF OUR AFFILIATES NOR ANY OF OUR OR THEIR RESPECTIVE REPRESENTATIVES, THIRD PARTY LICENSORS OR SUPPLIERS WARRANT THAT ANY OF THE OFFERINGS WILL FUNCTION AS DESCRIBED, WILL BE ACCURATE, COMPLETE, UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE, THAT ANY CONTENT, FILES, DATA OR OTHER MATERIALS (INCLUDING BUT NOT LIMITED TO ANY USER DATA) COMPRISING, OR UPLOADED TO, DOWNLOADED FROM, OR STORED, DISPLAYED ON OR OTHERWISE PROCESSED BY OR UTILIZING ANY OF THE OFFERINGS WILL BE TIMELY, CURRENT, ACCURATE OR SECURE. OR WILL NOT BE LOST, CORRUPTED OR OTHERWISE DAMAGED OR IMPAIRED, OR THAT WE OR THEY WILL BE ABLE TO PREVENT DISRUPTION OF OR TO ANY OF THE OFFERINGS OR THAT WE OR THEY WILL CORRECT ANY DEFECTS OR THAT THE SITE OR ANY SERVICES OR ANY INFORMATION OR MATERIALS OBTAINED THROUGH THE SITE OR ANY SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
10.3 INTERRUPTION OF SERVICE. Neither Company nor any of its Affiliates nor any of its or their agents, representatives or third party licensors or suppliers shall have any liability whatsoever to you, or other Person, for or with respect to any delay, outage or interruption of the Website or any Service (or any other part of the System) or the unavailability in whole or in part of the System).
10.4 LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER COMPANY NOR ANY OF OUR AFFILIATES, REPRESENTATIVES, THIRD PARTY LICENSORS OR SUPPLIERS, SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES FOR BODILY INJURY OR DEATH, OR DAMAGE OR INJURY TO ANY PROPERTY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, LOSS OF PROFITS, GOODWILL, USE, FILES, CONTENT, DATA, USER DATA, BUSINESS, OPPORTUNITIES, REVENUES, ANTICIPATED SAVINGS OR OTHERWISE (EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE CLAIMS ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INFRINGEMENT, OR ANY OTHER LEGAL OR EQUITABLE THEORY WHATSOEVER) IN CONNECTION WITH ANY OF THE OFFERINGS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM, INCIDENT TO OR IN ANY WAY CONNECTED WITH: (i) ACCESS TO OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SITE, ANY SERVICE OR ANY OTHER PART OF THE SYSTEM OR OTHER OFFERINGS; (ii) THE PROVISION OF, OR ANY DELAY OR FAILURE TO PROVIDE, OR ANY INTERRUPTION IN OR TO, ANY SERVICE OR OTHER OFFERING; (iii) ANY SOFTWARE (WHETHER COMPRISING PART OF, OR UTILIZED IN CONNECTION WITH, THE SITE OR ANY SERVICE OR ANY OTHER PART OF THE SYSTEM OR OFFERINGS, ANY THIRD PARTY SOFTWARE, ANY USER INSTALLED PROGRAM OR OTHERWISE); (iv) ANY PRODUCT, SERVICE, DATA, FILE, CONTENT, DATA, USER DATA OR MATERIALS WHETHER OR NOT STORED ON, PROVIDED, OBTAINED OR ACCESSED THROUGH, UPLOADED TO OR DOWNLOADED FROM OR OTHERWISE PROCESSED UTILIZING, THE SITE OR ANY SERVICE OR ANY OTHER PART OF THE SYSTEM, OR OTHER OFFERINGS, OR ANY DAMAGE TO OR CORRUPTION OR LOSS OF ANY OF THE FOREGOING; (iv) ANY ACCESS TO OR USE OF, OR THE INABILITY TO ACCESS OR USE, ANY FEATURE OR FUNCTIONALITY OF ANY OFFERING OR OF ANY WEBSITE; (v) ANY USE OR RELIANCE
UPON ANY INFORMATION OR ADVICE PROVIDED ON OR THROUGH THE SITE, OR ANY SERVICE OR OTHER OFFERING, INCLUDING HEALTHCARE OUTCOME; OR (vi) USE OF ANY SERVICE OR INTERACTION OR COMMUNICATION BETWEEN OR AMONG YOU, CUSTOMER, ANY OF CUSTOMER’S OTHER DESIGNATED USERS, ANY AUTHORIZED PATIENT, AND ANY OTHER PERSON OR ENTITY ON, THROUGH OR IN CONNECTION WITH THE SITE, ANY SERVICE OR OTHER OFFERING OR OTHERWISE; (vii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, CONTENT, USER DATA OR OTHER DATA; OR (viii) ANY ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, ANY USER DATA, OR ANY OTHER DATA OR MATERIALS.
b. IN THE EVENT THAT WE (OR ANY OF OUR AFFILIATES OR REPRESENTATIVES) ARE FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, YOU ACKNOWLEDGE AND AGREE THAT THE AGGREGATE LIABILITY OF COMPANY, ITS AFFILIATES AND REPRESENTATIVES WHO YOU OR OTHERWISE FOR AND WITH RESPECT OF ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, AND IN CIRCUMSTANCES WHERE THE FOREGOING LIMITATION IS FINALLY DETERMINED TO BE UNAVAILABLE, SHALL NOT EXCEED $1000. YOU AGREE TO AND DO HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ANY RIGHTS WHICH YOU MAY HAVE UNDER SUCH LAWS THAT LIMIT THE EFFICACY OF ANY OF THE FOREGOING PROVISIONS OF THIS SECTION 10 OR ANY OF THE PROVISIONS OF SECTION 10.1.
10.5 THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
a. If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
b. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
c. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
b. The arbitrator shall be a retired judge of the Circuit Court of the 17th Judicial Circuit in and for San Mateo County California (or have such other or additional qualifications as shall be mutually acceptable to the parties to the arbitration) and shall be selected from the AAA Panel list in accordance with the appointment rules of the AAA. Consistent with the expedited nature of arbitration, each party will upon the written request of any other party, promptly provide the other with copies of documents relevant to the issues raised by any claim or counterclaim on which the producing party may rely in support of or in opposition to any claim or defense. Any dispute regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, which determination shall be conclusive.
c. In no event shall any party be entitled to punitive damages in any arbitration or judicial proceeding and you hereby waive your rights to any punitive damages. In the event the arbitrator or a court concludes that the punitive damages waiver contained in the previous sentence is unenforceable, then you agree that the court with subject matter jurisdiction over the confirmation of the award shall have sole and exclusive jurisdiction to determine issues of entitlement and amount of punitive damages. The arbitrator shall NOT have subject matter jurisdiction to decide any issues relating to the statute of limitations or to any request for injunctive or other equitable relief (and nothing herein is intended to nor may be construed or operate to prevent any party from seeking injunctive or other equitable relief from a court of competent jurisdiction), and you hereby stipulate to stay the arbitration proceeding (without the need of a bond) until any such issues in dispute are resolved.
d. Each party shall bear its own expenses associated with the arbitration; the parties shall equally share the filing and other administrative fees of the AAA and the expenses of the arbitrator.
e. Both during and after the entire arbitration process as contemplated herein, the arbitration itself and all information and discovery disclosed in the arbitration process (“Arbitration Information”) shall be maintained in strictest confidence by the parties and their counsel and by the authorized Persons to whom Arbitration Information is disclosed. Arbitration Information may be used, possessed and disclosed only as allowed in this Agreement and only for the purposes of arbitration and related proceedings pursuant to this Agreement, and for no other purpose whatsoever. Accordingly, without limitation, arbitration information may not be disclosed (i) to any judicial, governmental, regulatory, administrative, arbitral, corporate or other entity not administering arbitration under this Agreement; (ii) to any member of the general public; or (iii) to the media; provided however that arbitration information may be disclosed to (A) the arbitration parties and their respective advisors, consultants and experts (and such person’s authorized employees and agents); (B) the arbitrator and arbitration administrator (and their authorized staffs); (C) fact witnesses reasonably expected to offer relevant evidence in an arbitration proceeding; and (D) as ordered by a court of competent jurisdiction. The arbitrator shall, upon request, issue all prescriptive orders as may be required to enforce and maintain this covenant of confidentiality during the course of the arbitration and after the conclusion of same so that the result and underlying data, information, materials, and other evidence are forever withheld from public dissemination with the exception of a subpoena by a court of competent jurisdiction in an unrelated proceeding brought by a third party.
f. In the event that a dispute arises and the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and us, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in San Mateo County, California.
default, breach or suspension) may be provided to you via the email address provided to us in your registration for the Services, or via any updated email address provided to us in accordance with your account log in information, information update procedures we may establish from time to time. It is your responsibility to keep your email address current and you will be deemed to have received any email sent by us to any such email address, upon our sending of the email, whether or not you actually receive the email.
13.11 LANGUAGE. All communications and notices to be made or given pursuant to this Agreement shall be in the English language.