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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE.

These Terms of Use and all other applicable terms, conditions, policies, limitations and requirements we make available (“Terms of Use”) apply to your access to and use of all or part of this website, including related subdomains; or other associated online services; other tools, technology and programs ("Site") of Capstone Logistics, LLC ("Company") as a service to shippers, freight brokers, motor carriers, and truck drivers, subject to these Terms of Use and all modifications thereto, in addition to guidelines that may be published from time to time by Company. As used throughout this website, the term "Company" "legal entity," "the corporation," "our," "we" and "us" may refer to Capstone Logistics, LLC. All of these terms are used for convenience only and are not intended as a precise designation of any of the separate companies, each of which manages its own affairs. By accessing or Using this Site, you agree to be bound by these Terms of Use and all terms incorporated by reference. If you do not agree to all of these Terms of Use, do not use this Site. The term “Using” includes reading, commenting on, downloading, copying, reproducing, altering materials of any kind, subscribing to, and linking to the Site.

These Terms of Use constitute a contract between you and us that governs your access and use of the Site. It means that by accessing and/or using the Site , or by clicking a button or checking a box marked “I Agree” (or something similar), you agree to all the terms and conditions of these Terms of Use If you do not agree, do not use the Site. As used in these Terms of Use, “you” means any visitor, user, or other person who accesses our Site. Unless otherwise agreed by Company in a separate written agreement with you or your authorized representative, the Site is made available solely for your personal use.

IMPORTANT: PLEASE REVIEW THE “DISPUTE RESOLUTION” SECTION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE ALL DISPUTES WITH COMPANY THROUGH BINDING INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST COMPANY. BY ENTERING THESE TERMS OF USE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

  1. About CapstonePay.

CapstonePay is a virtual platform that serves as a single payment point allowing truck and other commercial vehicle drivers to use multiple payment methods (credit cards, fleet cards, electronic fleet checks, together, “Supported Payment Methods”) to pay for freight-related requirements, by automating the authorization process and speeding up payment for both the drivers and carriers and reducing the administrative burden on the third parties actually making the payment.

To use CapstonePay, you must have a Supported Payment Method. You represent and warrant that you have your employer’s authorization to (a) bind your employer to these Terms of Use, and (b) use the Supported Payment Methods to effect transactions on behalf of your employer through the CapstonePay. You agree not to use the CapstonePay for any illegal or fraudulent purposes or for any purposes that are prohibited by these Terms of Use. You also agree to use the CapstonePay in accordance with any applicable laws and regulations.

Company does not process payments you initiate via a Supported Payment Method, or receive, hold, or transfer your funds. Company does not have any other control over the accuracy of Supported Payment Methods, payments, returns, refunds, or other activity that may arise from your use of the CapstonePay.  The Company does not make any representation that your Supported Payment Methods are in good standing or that your transactions will be approved when initiated through CapstonePay.

The terms of the agreements you have with any Supported Payment Methods will continue to govern your use of the Supported Payment Methods when used in connection with the CapstonePay. Nothing in these Terms of Use modifies any of the terms of the agreements you have with any Supported Payment Methods.

The third-party services, if any, available on the Site operate independently of Company. Third parties are required to comply with federal, state, and local laws, rules, regulations, and standards pertaining to their services  and Company is not liable or responsible for safety and does not verify their compliance with all applicable laws. In addition, Company does not guarantee the quality of what third parties sell, nor does it guarantee the services provided by them. Company does not independently verify, and is not liable for, representations made by third parties regarding their services descriptions or disclosures.

  1. User Requirements.

(i) In consideration of the use of the Site , you agree that you are able to create a binding legal obligation with Company, and you also agree to provide true, accurate, current, and complete information about yourself to complete a payment transaction using the Site. If you are using the Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms of Use and you agree to be bound by these Terms of Use on behalf of that entity, organization, or company. If you provide any information that is untrue, inaccurate, not current or incomplete, including, without limitation, using an invalid or expired payment method, or if Company has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Company has the right to block your current or future use of the Site (or any portion thereof) and/or terminate these Terms of Use with you. You are responsible for maintaining the confidentiality and security of the information you use on the Site and for all activities or any other actions that occur under or that are taken in connection with your use of the Site. You agree to: (a) immediately notify Company of any known or suspected unauthorized use(s) of your information, or any known or suspected breach of security, including, without limitation, loss, theft, or unauthorized disclosure of your credit card or other payment information; and (b) ensure that you exit from the Site at the end of each session. Company will not be liable for any injury, loss, or damage of any kind arising from or relating to your failure to comply with (a) and/or (b) or for any acts or omissions by you or someone else who is using your mobile or other devices you use to access or use the Site.

(ii) Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Site, solely as expressly permitted by these Terms of Use and subject to all the terms and conditions of these Terms of Use, all applicable intellectual property laws, and any Additional Terms (as defined below) contained on the Site. Any other use of the Site is strictly prohibited. Nothing contained on the Site should be interpreted as granting to you any license or right to use any of the Site materials (other than as provided herein) and/or third-party proprietary content on the Site without the express written permission of Company or the relevant third-party owner, as applicable. Any rights not expressly granted herein are reserved by Company and Company’s licensors.

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

  1. Communications and Text Messages.

(i) By voluntarily providing your cell phone number to Company, you agree that Company may contact you by telephone, SMS, or MMS messages at that phone number, and you hereby consent to receiving such communications for transactional, operational, or informational purposes. You understand and consent that such messages may be sent using an automatic telephone dialing system. You may unsubscribe from receiving text messages from Company at any time. To revoke your consent to receiving SMS or MMS messages from Company, please follow the unsubscribe procedures described below.

(ii) When using the Site, you may receive two or more order status messages from Company about each order. To unsubscribe from order-related messages, just reply "STOP" to the number sending the message. To re-subscribe, text “START” to the same number from the phone number associated with your account. If you need assistance, text “HELP”. Please note that unsubscribing from one of the branded properties on the Site will not automatically unsubscribe you from another separately branded property on the Site. Additionally, you may receive messages from Company following receipt of a completed order soliciting feedback and/or other information relating to the order. You may unsubscribe from all such feedback messages by replying "STOP" to the number sending the feedback messages. You may also receive text messages in response to certain Customer Care requests. To unsubscribe from Customer Care messages, just reply to the message by texting “STOP” to the number sending the message.

(iii) If you unsubscribe from receiving text messages from Company through the process described above, you may continue to receive text messages for a short period while Company processes your request(s).

(iv) Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your mobile phone carrier for details. Your mobile phone carrier (e.g. T-Mobile, AT&T, Verizon, etc.) is not liable for delayed or undelivered messages. If you require assistance, please contact our Customer Care team at [email protected].

  1. Site Security.

You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site include without limitation:

  • logging into or attempting to log into a server or account that you are not authorized to access;
  • accessing data or taking any action to obtain data, information or services not intended for you or your use;
  • attempting to probe, scan or test the vulnerability of any system or network;
  • tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;
  • transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with a computer's functionality or the operation of the Site.
  • other prohibited activity
  1. User Rules.

In using this Site, you must not:

  • post, send or otherwise transmit to or through the Site any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person's privacy or other rights or any material that Company in its sole discretion does not wish posted or transmitted on the Site;
  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • upload or otherwise make available files that contain images, software or other material protected by intellectual property laws, including without limitation copyright or trademark laws and rights of publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same;
  • misrepresent your identity or affiliation in any way;
  • engage in deceptive online marketing;
  • violate any applicable laws or regulations; or
  • assist or permit any persons in engaging in any of the activities described above.
  1. Submissions.

You must exercise caution, good sense and sound judgment in using the Site. You are responsible for any material you place on or transmit to or through the Site. You agree, represent and warrant that any information you post to or transmit through the Site is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, financial information, or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.

  1. Unsolicited Ideas.

Company does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies, or processes. You must not transmit any material to or through this Site that you consider to be confidential or proprietary. Any material that you transmit to or through this Site will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. Except as expressly provided in the Privacy Policy [Insert link to Privacy Policy] or separate written agreement between you and Company, you give Company an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transit and distribute such information. You further agree that Company has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through this Site.

  1. Copyright.

The material made available at this Site is protected by copyright. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner, except that you may download one copy of the materials on any single computer and produce one printed copy for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Company's copyright and other proprietary rights. Permission for all other uses of materials contained herein, including reproducing and distributing multiple copies, or linking to any page at this Site except the "home page" (http://www.capstonepay.net), must be obtained from Company in advance. Requests for such authorization should be sent via email. For purposes of these Terms of Use, the use of any such material on any other website or networked computer environment is prohibited. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to Company.

  1. Software.

The software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you. Your use of the Site does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, except to the extent permitted by applicable law.

  1. Trademarks.

All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to Company, its affiliates, or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

  1. Links to Third-Party websites.

(i) This Site may contain links to other non-Company websites. These links are for convenience only. Certain of these linked websites may make use of Company proprietary intellectual property rights (such as trademarks, service marks, logos and trade names) under license from Company. Company is not responsible for the availability or content of these sites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these sites should not be interpreted as endorsement or approval by Company of the organizations sponsoring the sites or their products or services. All title and intellectual property rights in and to the content of the linked sites are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. You should direct any concerns to the administrators or webmasters of these respective linked sites. Company reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of site from the Site and/or introduce different features or links to different users.

(ii) If you choose to link to the Site through any mechanism, you are permitted to link only through a plain-text link to the Site. For any other type of link to the Site, you must first request Company to grant permission. Company may grant such permission in its sole discretion. You are not permitted to use any link other than a plain-text link, nor to link to any other Site pages without obtaining our prior written consent or authorization. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Site, at our sole discretion, at any time. Any unauthorized deep linking to our Sites shall operate to void any and all rights permitted under these Terms of Use and may subject you to legal action and liability under all applicable laws.

To seek our permission, please submit your inquiry here [email protected].

  1. Location.

Company has its offices within the State of Georgia, United States of America. Company makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited. Software from this Site is further subject to United States export controls. No information or software from this Site may be downloaded or otherwise or re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

  1. Termination.

 (i) Your rights under these Terms of Use will terminate automatically without notice if you fail to comply with any term of these Terms of Use. Further, Company reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Site offered on or through the Site (or any part thereof), including but not limited to the Site's features, look and feel, and functional elements and related Services. We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or use of the Site. You may terminate these Terms of Use at any time by closing your Account, uninstalling all Mobile Application(s) (if applicable) and ceasing use of the Site provided herein.

(ii) Company reserves the right to seek all remedies available at law and in equity for violations of the Terms of Use, including, without limitation, the right to block access to the Site from a particular account, device and/or IP address.

(iii) You may not assign or transfer these Terms of Use or your rights under these Terms of Use, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms of Use in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be null and void.

(iv) The provisions of this Terms of Use Statement concerning Site security, prohibited activity, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, governing law and jurisdiction shall survive any termination of these Terms of Use.

  1. Disclaimer.

COMPANY PROVIDES THE INFORMATION ON THE SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE CONTENT OF THE SITES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORD, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. COMPANY DOES NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE SITES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES;, OR (2) THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE. 

  1. Limitation of Liability.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY (i) ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS PROFITS, LOSS OF PROGRAMS OR LOSS OF INFORMATION), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE MATERIALS IN THE SITE OR ANY OTHER SERVICES, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR PROPERTIES OF THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SO TO THAT EXTENT THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO COMPANY, IF ANY, FOR USING THIS SITE.

Additionally, company does not assume any liability for any for purchases, payments, or transactions made using the CapstonePay functionality. you agree that you will look solely to the agreements governing your Supported Payment Methods to resolve any questions or disputes related to your supported payment methods.

  1. Indemnity.

You agree to indemnify, defend and hold Company, its affiliates and any of its and their directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms of Use; and/or (ii) your activities in connection with this Site.

  1. Third-Party Components and Services.

The Site may contain various third-party software components and services. By using the Site you agree and consent to Company’s use of these third-party software components and services. You are also agreeing to any applicable terms of use, licenses or privacy policies related to that third-party software component and service. A breach of those terms of use, licenses or privacy policies shall be deemed a breach of these Terms of Use. By using the Site, you (i) expressly relieve Company from any and all liability arising from your use of any third-party components or services embedded in the Site, and (ii) agree that, with respect to the third-party components and services, Company is not responsible for the manner in which your data is processed.

  1. Governing Law.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing.

  1. Dispute Resolution

i. Arbitration and Class Action Waiver.

You agree that all claims, disputes, or disagreements that may arise out of the interpretation or performance of this Agreement or payments by or to Company, or that in any way relate to your use of the Platform, the Materials, the Services, and/or other content on the Platform or any other dispute with Company, shall be submitted exclusively to binding arbitration, except that each party retains the right to bring an individual action in small claims court for disputes and actions within the scope of such court’s jurisdiction and 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. Arbitration means that an arbitrator and not a judge or jury will decide the claim. Rights to prehearing exchange of information and appeals may also be limited in arbitration. You acknowledge and agree that you and Company are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and 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 class action waiver 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 these Terms of Use. You further acknowledge that any claim arising under this Agreement must be brought within one year of its accrual or it will be waived. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate, as well as all threshold arbitrability issues, including whether this Dispute Resolution provision is unconscionable and any defense to arbitration.

ii. Arbitration Rules

The arbitration will be administered by the American Arbitration Association ("AAA"). Except as modified by this “Dispute Resolution” provision, the AAA will administer the arbitration in accordance with the Commercial Arbitration Rules then in effect (the "Applicable AAA Rules"). (The Applicable AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this entire “Dispute Resolution” provision.

iii. Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Applicable AAA Rules. (The AAA provides applicable forms for Demands for Arbitration https://www.adr.org/sites/default/files/Demand_for_Arbitration_0.pdf

(Commercial Arbitration Rules). The arbitrator will be either a retired judge or an attorney licensed to practice law in the county in which you reside and will be selected in accordance with the Applicable AAA Rules. If the parties are unable to agree upon an arbitrator within fourteen (14) days of the AAA’s notice to the parties of its receipt of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

iv. Arbitration Location and Procedure

Unless you and Company otherwise agree, the arbitration will be conducted in Atlanta, GA. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and 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 Applicable AAA Rules. Subject to the Applicable 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.

v. Arbitrator's Decision

The arbitrator will render an award within the time frame specified in the Applicable 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 of damages and/or other relief must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages or other relief 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 the relief warranted by the claimant's individual claim. If the arbitrator determines that you are the prevailing party in the arbitration, and only if authorized under applicable law, the arbitrator may award reasonable attorneys' fees and expenses.  Company will not seek, and hereby waives, all rights Company may have under applicable law to recover attorneys' fees and expenses if Company prevails in arbitration unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

vi. Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the Applicable AAA Rules.

vii. Changes

Company reserves the right to change this "Dispute Resolution" section, but any such changes will not apply to disputes arising before the effective date of such amendment.

  1. Modifications to Terms.

We may change these Terms of Use from time to time and without prior notice. If we make a change to these Terms of Use, it will be effective as soon as we post it and the most current version of these Terms of Use will always be posted under the "Terms of Use" link available on our Site ("Updated Terms"). If we make a material change to the Terms of Use, we may notify you. You agree that you will review these Terms of Use periodically. By continuing to access and/or use the Site after we post Updated Terms, you agree to be bound by the Updated Terms, and if you do not agree to the Updated Terms, you will stop using the Site. Any disputes these Terms of Use will be governed by the version of the Terms of Use in effect at the time of the first event which gave rise to the dispute.

  1. Waiver and Severability.

Any waiver by Company of any term of these Terms of Use must be in writing. If any portion of these Terms of Use is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible except that in the event of unenforceability of the class action waiver, the entire arbitration agreement shall be unenforceable. The remainder of these Terms of Use shall continue to be enforceable and valid according to the terms contained herein.

  1. Entire Agreement.

These Terms of Use, together with any amendments and any additional agreements you may enter into with Company in connection with the Site, shall constitute the entire agreement between you and Company concerning the Site.

  1. Contact.

If you have any questions regarding these Terms of Use, please write to us at [email protected] for answers and our contact information or complete the form below.