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Effective Date: July 12, 2018
THESE TERMS AND CONDITIONS OF SERVICE (THE "TERMS") ARE AN AGREEMENT BETWEEN YOU AND PUBLIC SPEND FORUM LLC (“COMPANY”, “WE” OR “US”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL(S) HTTPS://GOVSHOP.PUBLICSPENDFORUM.NET AS WELL AS ALL ASSOCIATED INTERNET PROPERTIES LINKED BY COMPANY, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (ALL OF THESE COLLECTIVELY, THE "SITE"). UNLESS OTHERWISE SPECIFICED, ALL REFERENCES TO “SITE” ALSO INCLUDE THE USE OF ANY MATERIALS (DEFINED IN 5(e) BELOW), INFORMATION, COMPANY’S PROPRIETARY DATA, CONTENT AND RELATED SERVICES MADE AVAILABLE THROUGH THE SITE (ALL OF THESE COLLECTIVELY, THE "SERVICE").
BY USING THE SERVICE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE.
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT THAT AFFECTS YOUR RIGHTS, INCLUDING A CLASS ACTION WAIVER AND WAIVER OF JURY TRIALS.
1. What We Do
The Service comprises a platform, owned and operated by Company, which helps public sector buyers identify and research suppliers through a curated directory, compiled from several sources including publicly available information and manual research. Company comprises a global community and knowledge network for public procurement and all participants in the public sector market. Our mission is to help global government professionals, suppliers and others with an interest in government procurement connect, learn and collaborate in order to improve the effectiveness of public procurement, including through the use of our curated directory.
Company can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on the Site and by notifying you either through a banner on the Site or, depending on your account status, via email at Company’s sole discretion. By using the Service after Company has updated the Terms, you agree to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Service. You also acknowledge and agree that these Terms may be superseded by expressly-designated legal notices or terms located on particular features of the Service (“Additional Terms”) that we may make available from time to time through our internet properties, including any applicable limitations on damages and resolution of disputes. These expressly-designated legal Additional Terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
Company may make changes to the Service at any time. You understand and agree that the Service is evolving. As such, Company may require that you download and install updates to the Service, at any time, without notice or liability to you. You also understand and agree that any such changes or updates to the Service might change the system specifications or features necessary to use the Service, without liability to you.
4. Contractual relationship and Minors.
You represent and warrant that you are of age under the laws of your jurisdiction (usually 18+ years) and/or lawfully able to enter into agreements. If you are under 18 years of age but are at least 13 years old (a “Minor”), you represent that you are using the Service with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Service and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless the Company if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Service at any time or in any manner or submit any information to the Company or the Service. If you are entering into this Agreement on behalf of a business entity, you represent and warrant that you have the legal authority and capacity to bind such business entity. If you are not authorized nor deemed by law to have such authority, you assume sole personal liability for the obligations set out in these Terms.
5. Use of the Service.
(a) Visitors. As a visitor, you need not register with Company to simply visit and view the public information on the Site, and to use the search functionality of the Service.
(b) Account Registration.
(i) As part of the Service, we offer to suppliers included in our directory (each a “Supplier”) the opportunity to claim ownership of its directory entry (each a “Profile”), and customize it. In order to claim and access the customizing features of a Profile, you must register with Us for an account (“Account”) and receive a password. After confirming that the registrant is a duly authorized representative of the Supplier, the Supplier will be able to correct, amend, or delete existing information in the Supplier’s Profile.
(ii) If you are a general or government user (“User”) who wants to set up your own preferences regarding the Service (i.e. like the ability to create custom lists of Suppliers), you will also need to register for an Account.
(d) Registration Data. In registering for the Service, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may change, correct or remove any information from your Account by either logging into your account directly and making the desired changes or contacting the Company using the email contact information at the end of these Terms requesting that we make the change. You represent that you are not a person barred from using the Service under the laws of the United States of America or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify the Company immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete or if the Company has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). You agree not to create an Account using a false identity or information, or in contravention with Section 4 above. The Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Service if you have been previously removed by the Company, or if you have been previously banned from use of the Service.
(e) Grant of License to Use the Service. The Company provides content through the Site that is copyrighted and/or trademarked work of the Company or the Company’s third-party licensors and suppliers or other users of the Service (collectively, the “Materials”). Materials may include logos, graphics, video, images, software, information and other content. The Service is protected by copyright laws throughout the world. Subject to the terms and conditions of these Terms, and your compliance with these Terms and any other relevant Company policies, the Company hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license (subject to the limitations below) to (i) use and to display the Materials, and (ii) to use the Service solely for your internal non-commercial use. You agree not to use the Service for any other purpose. Except for the foregoing license, you have no other rights in the Service or any Materials.
(f) Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Service; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by the Company; (iii) decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Service; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service; or (vi) attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks. If you breach any of these Terms, the above license will terminate automatically and you must immediately stop using the Service and/or destroy any downloaded or printed Materials.
Use of certain features of the Service (such as the search function) is free. We reserve the right to charge for certain features, including claiming and customizing Profiles. If applicable, you agree to pay all fees or charges to your account based on the Company’s fees, charges, and billing terms. If you do not pay on time or if the Company cannot charge your credit card, or other payment method for any reason, the Company reserves the right to either suspend or terminate your access to the paid features of the Service and Account and/or terminate these Terms. You are expressly agreeing that the Company is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Service and the fees will be billed to your credit card, or other payment method designated on your initial registration with the Service, and thereafter at regular intervals for the remainder of the term of these Terms. IF YOU CANCEL YOUR PAID ACCOUNT FEATURES AT ANY TIME, YOU WILL NOT RECEIVE ANY REFUND, however you will continue to receive access to the paid features of the Service for the remaining of the paid term. If you have a balance due on any account, you agree that the Company may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
You are responsible for the information, logos, images, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Service (each a “Submission”). You may not upload, post or otherwise make available on the Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of agreement, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through the Service.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require the Company to monitor, police or remove any Submissions or other information submitted by you or any other user.
8. Unauthorized Activities.
When using the Service, you agree not to:
This list of prohibitions provides examples and is not complete or exclusive. the Company reserves the right to (a) terminate access to your account, your ability to post to this Site, and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that the Company determines is inappropriate or disruptive to the Service or to any other user of the Service. The Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Service or on the Internet.
Unauthorized use of any Materials or Third-Party Content contained on this Site may violate certain laws and regulations.
You agree to indemnify and hold the Company and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) the Company or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of the Service or the use of the Service by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
9. Third-Party Content.
Certain Materials that are not Submissions may be provided by third-party licensors and suppliers to the Company (“Third-Party Content”) where separate and additional terms govern the use of that Third-Party Content. We will provide any additional terms pertaining to this content, if any, separately for your review. The Company (and its content suppliers) has no responsibility to update any information contained in any such Third-Party Content. All viewers should carefully check to determine if material from third-parties contained on the Service or in reports developed from such materials include any dated content and conduct themselves accordingly.
10. Links to Third-Party Sites.
11. Interactions and Disputes between Users
The Company provides the Service to, among other things, enable Users with requests for product and service information to contact the Suppliers that are a part of the Company' database of companies and are listed on the Service. However, we are not involved in any sales transactions regarding products or services offered by Suppliers on the Service. As a result, we have no control over such sales transactions, including without limitation the quality, safety or legality of the items transacted; the accuracy of the information or specifications provided; the ability of users or buyers to buy items; the ability of users or suppliers to deliver items promised; or the ability of buyers to pay for items. These Terms and the information provided by the Service in no way override the terms and conditions of your purchase of any product or service from a Supplier. We cannot ensure that a user, buyer, or Supplier will complete a transaction or that a transaction will be completed in a satisfactory manner. We encourage you to communicate directly with users, buyers, and Suppliers by commercially available means that you might normally use in conducting transactions. IT IS YOUR SOLE RESPONSIBILITY TO QUALIFY THE USER, BUYER, OR SUPPLIER THAT YOU CHOOSE TO DO BUSINESS WITH. THIS SERVICE IS PROVIDED SOLELY AS AN AIDING TOOL FOR YOUR OWN RESEARCH.
You are solely responsible for your interactions with other Users of the Service. The Company reserves the right to intervene in disputes between you and other users, but is under no obligation to do so. THE COMPANY WILL NOT BE LIABLE FOR ANYTHING RESULTING FROM THESE DISPUTES, INCLUDING, BUT NOT LIMITED TO, CLAIMS AND DAMAGES, OF ANY KIND.
If you have a dispute with one or more users, YOU RELEASE THE COMPANY (and our officers, directors, agents, subsidiaries, joint ventures and employees) FROM CLAIMS, DEMANDS AND DAMAGES (actual and consequential) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. If you are a California resident, you waive California Civil Code §1542, which says: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
12. Intellectual Property Ownership
The Service and all proprietary and intellectual property rights therein are and shall remain the Company's property or the property of the Company's licensors. Neither these Terms nor your use of the Service convey or grant to you any rights: (i) in or related to the Service except for the limited license granted above; or (ii) to use or reference in any manner the Company's company names, logos, product and service names, trademarks or services marks or those of the Company's licensors. There are no licenses by implication. If you breach any of these Terms, the above license will terminate automatically and you must stop using the Service and immediately destroy any materials downloaded or printed from the Service.
"GovShop" and “Public Spend Forum” are trademarks that belong to Us. Other trademarks, names and logos on the Service are the property of their respective owners.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Site are Our sole property, Copyright © 2018 Public Spend Forum LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
13. Intellectual Property Infringement.
We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to the Service (or any portion thereof) and/or terminating in appropriate circumstances the account of any user who uses this Service in violation of someone’s intellectual property rights.
(a) DMCA Notification
Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of this Service, please provide written notice to Our Agent for notice of claims of infringement:
Public Spend Forum
1776 I Street, NW 10th Floor
Washington, DC 20006
Attn: Raj Sharma
To be sure the matter is handled immediately, Your written notice must:
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
(b) Submitting a DMCA Counter-Notification
We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Our Agent with a written counter-notification that includes the following information:
i. Your physical or electronic signature;
ii. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
iii. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
iv. Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
(c) Termination of Repeat Infringers
We reserve the right, in Our sole discretion, to terminate the account or access of any user of this Service or Service who is the subject of repeated DMCA or other infringement notifications.
14. Disclaimer of Warranties.
THE SERVICE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE IS WITH YOU. THE COMPANY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICE, OR RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE OR BY THE SERVICE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO IMPLIED WARRANTIES OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
15. Limitation of Liability.
THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SERVICE, OR FROM DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF THE COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
16. Local Laws; Export Control.
The Company controls and operates the Service from its headquarters in the United States of America and it may not be appropriate or available for use in other locations. If you use the Service outside the United States of America, you are responsible for following applicable local laws.
Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
18. Electronic Communications.
The communications between you and the Company use electronic means, whether you visit the Site or send the Company e-mails, or use the Service or whether the Company posts notices on the Site or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from the Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. Where the Company requires that you provide an e-mail address, you are responsible for providing the Company with your most current e-mail address. In the event that the last e-mail address you provided to the Company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, the Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
19. California Consumer Notice.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site and Service are provided by Public Spend Forum LLC. If You have a question or complaint regarding the Site or Service, please contact Us at [email protected]. You may also contact Us by writing at: Public Spend Forum LLC, Attn: Raj Sharma, 1776 I Street, NW, 10th Floor, Washington DC 20006. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
20. General and Governing Law.
We think direct communication resolves most issues – if We feel that You are not complying with these Terms, We will tell You. We will even provide You with recommended necessary corrective action(s) because We value this relationship.
However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access to this Site without prior notice to You. The laws of the District of Columbia (Washington, D.C.) and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Any disputes relating to these Terms or the Service not handled through arbitration will be heard in the courts located in Washington, D.C.
You hereby agree to the binding Arbitration Agreement located below. Additionally, the Federal Arbitration Act will apply to these Terms.
If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the Parties, and no other terms will be modified. By choosing not to enforce any of these Terms, We are not waiving Our rights. These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between the Parties about the Service. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability, general provisions and arbitration agreement shall survive any termination of these Terms.
21. Arbitration Agreement.
PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS. THIS ARBITRATION AGREEMENT INCLUDES A CLASS ACTION WAIVER AND WAIVER OF JURY TRIAL.
A. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
B. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: Public Spend Forum LLC, Attn: Raj Sharma, 1776 I Street, NW, 10th Floor, Washington DC 20006, USA.
After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
C. Arbitration Rules. Arbitration shall be initiated through the JAMS, an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The JAMS Rules governing the arbitration are available online at www.jamsadr.org or by calling the JAMS at 1-800-352-5267. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00 ) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in Washington D.C., unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If you initiate an arbitration in which you seek less than $500 in damages and comply with the Terms, including the Notice Requirement, the Company shall reimburse you for your JAMS filing fee, and shall pay all administration and arbitrator fees up to a total amount of $500. If the Arbitrator grants you an award, the Company will reimburse your attorneys’ fees.
D. Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
E. Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the JAMS Rules for the pertinent claim.
F. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the JAMS Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
G. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
H. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
I. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
J. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
K. Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Agreement.
L. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with the Company.
M. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
N. Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Washington D.C., for such purpose.
22. Contact Us.
If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us at +1 (202) 821-9099, email us at [email protected], or write us at: Public Spend Forum, 1776 I Street, NW, 10th Floor, Washington DC 20006.
[email protected] | 202-821-9099