Welcome to E3 Association! E3 Association LLC and its subsidiaries and affiliated entities and associations (collectively, “E3”) provide access to the following “Services:” (i) the provision to individuals and groups of the ability to establish and participate in certain online and in person membership programs (each, an “E3 Program”), (ii) the https://e3association.com/ website, the applicable E3 Program owned or controlled websites, and its and their related domains, including the applicable user/member login portal offered by or in connection with the applicable E3 Program (collectively, the “Platform”), (iii) any email notifications or other mediums, or portions of such mediums, through which you have accessed these Terms of Service (these “Terms”), (iv) any online or in person events, including conferences or activities, put on by the applicable E3 Program (each, an “Event”), and (v) information, data, training, materials (including merchandise) and content viewable on, contained in, or downloadable or purchasable from or in connection with any of the foregoing. Capitalized but undefined terms in these Terms will have the meanings ascribed.
For purposes of these Terms, “we,” “us,” or “our” means the applicable E3 subsidiary or affiliated entity or association with whom you are engaging, as set forth below:
|Applicable Contracting Entity
|Accessing the e3association.com website
|E3 Association LLC
|Accessing the applicable E3 Program’s website (including the applicable Platform, Events, content, data, training or other materials):
E3 Offroad Association LLC
E3 Firearms Association LLC
E3 Overland Association LLC
E3 Camping Association LLC
E3 Aviation Association LLC
We may change, modify, update, or replace these Terms from time to time. If we make material changes to these Terms, we may (but need not) notify you through our Services, or by other means. If you do not agree to the changes to these Terms, you must stop accessing or using our Services and terminate your membership with the applicable E3 Program (if applicable). Your continued use of or access to our Services after we publish or send a notice about our changes to these Terms constitutes your express acceptance of all changes, so please check these Terms periodically for updates.
PLEASE BE ADVISED THAT THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS AND DISCLAIMERS OF WARRANTIES AND LIABILITY. THESE TERMS ALSO ALLOW YOU TO PURSUE CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. AS A RESULT, YOU MAY SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS.
WE MAY IMMEDIATELY TERMINATE YOUR ACCESS TO OUR SERVICES (IN WHOLE OR IN PART) IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS, IF WE BELIEVE YOUR USE OF ALL OR ANY PORTION OF OUR SERVICES WILL REFLECT POORLY ON US, OUR SERVICES OR OUR GOODWILL, OR IF WE OTHERWISE DEEM YOUR USE OF OUR SERVICES TO BE ILLEGAL OR OTHERWISE INAPPROPRIATE, IN EACH CASE, IN OUR SOLE AND ABSOLUTE DISCRETION.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, phone number or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form, Use Live Chat, Open a Support Ticket or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication for all brands, surf the website, or use certain other site features in the following ways:
- To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
- To improve our website in order to better serve you.
- To allow us to better service you in responding to your customer service requests.
- To send periodic emails regarding your order or other products and services.
How do we protect your information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
We do not use an SSL certificate
- We only provide articles and information. We never ask for personal or private information like names, email addresses, or credit card numbers.
Do we use ‘cookies’?
- Help remember and process the items in the shopping cart.
- Understand and save user’s preferences for future visits.
- Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, Some of the features that make your site experience more efficient may not function properly. It won’t affect the user’s experience that make your site experience more efficient and may not function properly.
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information.
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We have not enabled Google AdSense on our site but we may do so in the future.
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
- Within 7 business days
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
Send information, respond to inquiries, and/or other requests or questions
- Process orders and to send information and updates pertaining to orders.
- Send you additional information related to your product and/or service
- Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
Not use false or misleading subjects or email addresses.
- Identify the message as an advertisement in some reasonable way.
- Include the physical address of our business or site headquarters.
- Monitor third-party email marketing services for compliance, if one is used.
- Honor opt-out/unsubscribe requests quickly.
- Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email us at
Follow the instructions at the bottom of each email.
and we will promptly remove you from ALL correspondence.
- FEES AND PAYMENT.
- Additional Fees May Apply. You acknowledge and agree that there are instances where certain aspects of our Services (such as, without limitation, Events, or certain services or products) may require payment of additional fees and are NOT included with your membership or subscription.
- Automatic Membership Renewal and Cancellation.
- ALL PAID MEMBERSHIP SUBSCRIPTIONS AND RECURRING FEE-BASED SERVICES OR PRODUCTS WILL CONTINUE INDEFINITELY UNTIL CANCELED BY YOU. FOR PAID MEMBERSHIP SUBSCRIPTIONS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF YOUR CHOSEN TERM PERIOD FOR AN ADDITIONAL EQUIVALENT PERIOD AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED.
- IF YOU CHOOSE AN ANNUAL SUBSCRIPTION TERM, THEN YOU ACKNOWLEDGE AND AGREE THAT WE WILL BILL YOU (AND YOU WILL PAY) THE FULL AMOUNT OF THE MONTHLY FEE FOR THE ENTIRE SUBSCRIPTION TERM AT THE TIME YOU PURCHASE YOUR SUBSCRIPTION. WHILE WE MAY OFFER ANNUAL SUBSCRIPTIONS AT A DISCOUNT, YOU ACKNOWLEDGE AND AGREE THAT ANY PREPAID FEES ARE NON-REFUNDABLE AND NOTWITHSTANDING TERMINATION OF YOUR SUBSCRIPTION FOR ANY REASON. FOR OTHER SERVICES OR PRODUCTS WITH RECURRING FEES, YOU WILL BE CHARGED THE FEE ASSOCIATED WITH SUCH SERVICE OR PRODUCT AT THE INTERVAL SPECIFIED AT THE TIME OF PURCHASE, UNTIL YOU EXPRESSLY CANCEL THE SERVICE OR PRODUCT.
- You may cancel or update your paid membership subscription at any time by following the instructions on your applicable E3 Program membership. If you cancel a paid membership subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your paid subscription will not be renewed after your then-current term expires.
- No Refunds. Except as expressly set forth in these Terms or in the applicable Service, all payments for subscriptions, services or products made on or through our Services are non-refundable, and there are no refunds or credits for unused or partially used memberships, subscriptions, services or products, even if you cancel your membership or a subscription, service, or product in the middle of a term.
* Any refund requests are minus any specials, gift cards or bonuses delivered. If you cancel within 30 days of your original purchase date, you will receive a full-refund minus bonus gifts. E3 Association does not offer refunds or credits for subscription changes or the time you do not use your account or after 30 days.
- USE OF OUR SERVICES.
- General. You acknowledge that these Terms are supported by reasonable and valuable consideration, which you have received, and which is adequate. Such consideration includes your ability to access, use or interact with our Services. You represent and warrant that you have the capacity to be bound by these Terms.
- Age Restriction. Our Services are available only to individuals who are eighteen (18) years of age or older. If you do not meet this age requirement, you may not use our Services.
- Restrictions and Prohibited Uses. You may not use all or any part of our Services for any commercial purpose. You will not, and will not permit others to, directly or indirectly: (i) reverse engineer, decompile, disassemble, decode, adapt, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to our Services or any related software, documentation or data (collectively, “Technology”); (ii) modify, translate, or create derivative works of, from or otherwise based on our Services or any Technology, in whole or in part; (iii) access or use our Services for timesharing or reselling purposes or otherwise for the benefit of a third party (other than expressly authorized by us); (iv) upload to or otherwise use our Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or material in violation of third-party rights, including privacy rights; (v) upload to or otherwise use our Services to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example (but not by way of limitation) viruses, worms, time bombs and Trojan horses; (vi) interfere with or disrupt the integrity or performance of our Services or any Technology (in whole or in part); (vii) attempt to gain unauthorized access to our Services, the Technology or any of their related systems or networks, or access or use our Services other than through the use of your own then valid Access Credentials (as defined below); (viii) permit direct or indirect access to or use of our Services in a way that circumvents a contractual usage limit; (ix) frame or mirror the whole or any part of our Services (including any Technology); (x) access our Services and/or the Technology (in whole or in part) in order to build a competitive product or service; (xi) remove any proprietary notices or labels of or from our Services or the Technology; (xii) access or use our Services in any way that violates these Terms, any third-party rights, or any Laws (as defined below), including, without limitation, anti-spam, export control, privacy, or anti-terrorism laws and regulations; (xiii) use our Services (in whole or in part), or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise harassing, abusive, objectionable or offensive; or (xiv) provide false or inaccurate information when creating or registering as a member with the applicable E3 Program, using our Services or communicating with other users.
- Access Credentials. You may be issued a username, password, link, or other security code, method, or technology, alone or in combination, to verify an individual’s identity and authorization to access and use our Services (“Access Credentials”). We encourage you to use strong Access Credentials (i.e., in the case of a password, one that is long, uses a mix of letters (upper and lower case), numbers and symbols, and has no ties to your personal information, and no dictionary words) even if our Services permit simple Access Credentials. You have and will retain sole responsibility for the security and use of all Access Credentials, including for any losses that you or any third party may suffer as a result of the authorized or unauthorized use of any Access Credentials by any third party. We reserve the right to disable any Access Credentials at any time in our discretion for any or no reason, including (without limitation) if, in our opinion, you have violated any provision of these Terms.
- Your Materials. You will ensure (and represent, warrant and covenant) that any information, content or other materials provided by you to us on or otherwise as a result of your use of our Services (collectively, “Your Materials”), as well as your activities in connection with, use of or access to our Services, are accurate, complete and do not and will not violate any applicable laws, rules, regulations or orders having the force of law (collectively, “Laws”) or infringe on a third party’s intellectual property or other rights. Without limiting the generality of the foregoing, if Your Materials include any personal information of individuals, you will ensure that your collection and submission to our Services of the same, and your and our use and storage of the same as contemplated by these Terms does not violate any third party rights, and otherwise complies with Laws, including, without limitation, any Laws relating to the consent of or disclosure to consumers with respect to the collection, use or disclosure of such information as contemplated by these Terms. If we receive information indicating or otherwise reasonably believe that all or any portion of any of Your Materials may violate Laws, any third-party rights or otherwise could reflect poorly on us or negatively impair our goodwill (in each case, in our sole and absolute discretion), we may so notify you and, if you fail to remove or modify the relevant portion of Your Materials from our Services within two business days, then we may delete the relevant portion of Your Materials from such Services. Under no circumstances will we be liable in any way for any: (i) of Your Materials transmitted or viewed while using our Services; (ii) errors or omissions in Your Materials; or (iii) loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any of Your Materials. By providing us with Your Materials, you thereby grant us a worldwide, royalty-free, irrevocable, transferable right and license to use such materials for any purpose in the course of providing our Services to you and as otherwise set forth in these Terms.
- Your Systems. You are responsible for: (i) obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use our Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Your Systems”); (ii) maintaining the security of all of Your Systems; and (iii) all uses of your account(s) or Your Systems. You acknowledge and agree that failure to obtain and maintain Your Systems and otherwise meet any applicable technical requirements of or relating to our Services may cause our Services to (in whole or in part) be unavailable, or function ineffectively or inappropriately. We will in no event be responsible for any downtime, losses, failures or liabilities that arise as a result of your failure to comply with the requirements set forth in this section. You acknowledge that use of our Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
- Territorial Restrictions. We control and operate our Services from the United States and we make no representations or warranties that the information, products, or services provided through our Services, are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Services in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Services or the provision of any related content, information or materials to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion.
- No Data Backup. Notwithstanding any data back up and retention procedures that we may adopt from time to time, we are not responsible for backing up Your Materials, including any membership information or other type of data attributed to your use of our Services. YOU EXPRESSLY AGREE TO ASSUME THE SOLE RISK OF BACKING UP ALL OF YOUR MATERIALS, INCLUDING YOUR MEMBERSHIP INFORMATION AND OTHER DATA ATTRIBUTED TO YOUR USE OF OUR SERVICES AND EXPRESSLY AGREE THAT WE WILL HAVE NO LIABILITY WITH RESPECT TO ANY LOSS OF SUCH DATA.
- Training and Other Informational Content. You acknowledge that your access to any informational content made available by our Services, or your successful completion of any course or other training provided as part of or otherwise during the course of your use of our Services does not guaranty any particular result, including your health or safety or your compliance with applicable laws, nor does it guaranty the meeting of any particular requirements, including those of any governmental authority or of any other third party. Furthermore, your access to such information and/or completion of any such course or training does not allow you to represent yourself as an E3 instructor or represent yourself as an employee or other representative of E3 or allow you to utilize the applicable Course Certification Number (if applicable) without written authorization. ALL CONTENT, INFORMATION, EDUCATION, MATERIALS AND TRAINING AVAILABLE ON, THROUGH OR AS A RESULT OF OUR SERVICES IS PROVIDED FOR YOUR INFORMATIONAL PURPOSES ONLY AND IS NOTINTENDED TO AND SHOULD NOT BE RELIED UPON OR CONSTRUED AS PROFESSIONAL OR EXPERT ADVICE. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING ANY INFORMATION, APPARATUS, PRODUCT, OR PROCESS DISCUSSED IN OUR SERVICES, AND WE ASSUME NO LIABILITY THEREFORE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL CONTENT, INFORMATION, EDUCATION, MATERIALS AND TRAINING AVAILABLE ON, THROUGH OR AS A RESULT OF OUR SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME THE SOLE RISK OF MAKING USE OF OR RELYING ON ANY OF THE SAME. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, UTILITY, OR ACCURACY OF ANY SUCH CONTENT, INFORMATION, EDUCATION, MATERIALS OR TRAINING. ALL SUCH CONTENT, INFORMATION, EDUCATION, MATERIALS AND TRAINING ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- EVENTS. The following general terms apply to all Events. Additionally, your access to and participation in particular Events may be governed by the other applicable terms and conditions, including any other policies or terms and conditions that are referenced or made available to you in connection with your access or participation of such Events.
- Your Conduct. Your conduct at or otherwise in connection with any Event must at all times comply with our rules, policies, terms or conditions imposed by us and others associated with the provision and operation of the Event (“Event Provider Rules”). Without limiting any other rights we may have, we reserve the right to terminate your access to any Events (without refund of any amounts paid) or to our Services if you fail to comply with any provision of these Terms, if we believe your conduct at or in connection with any Event will reflect poorly on us, any E3 Program, our Services or our goodwill, or if we otherwise deem such conduct to be illegal or otherwise inappropriate, in each case, in our sole and absolute discretion. Furthermore, each Event provider has the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct the provider deems disorderly, who uses vulgar or abusive language or who fails to comply with Event Provider Rules. Any breach by you of these Terms or any Event Provider Rules will automatically terminate your license to attend the (relevant) Event without refund. A ticket is not redeemable for cash.
- You Are Subject to Search. You and your belongings may be searched on entry to an Event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the applicable Event without refund or other compensation. You acknowledge and agree that, under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers.
- Your Purchase of Event Tickets.
- If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information in connection with your purchase of a ticket to an Event, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm via your account with us or the customer service of our third party payment processor whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
- You will receive an Event and Hotel/Venue Information Letter by email two weeks before the scheduled dates of your Event. If you have not received such email by two weeks before the scheduled dates of your Event, please contact: [email protected].
- When purchasing tickets to an Event, you may be limited to a specified number of tickets (also known as a “ticket limit”). If we or an Event organizer or host imposes a ticket limit, it will be posted during the purchase process and verified with every transaction. We reserve the right to cancel any or all orders and tickets, in addition to prohibiting your ticket purchase abilities, without notice to you, if you exceed, or attempt to exceed, any posted ticket limits. This includes orders associated with the same name, e-mail address, billing address, credit card number or other information.
- If the amount you pay for a ticket is incorrect, whether because of an error in the price posted on our Services or the Event content, or otherwise communicated to you, then we will have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of the error occurred because of human error or a transactional malfunction of our Services, the Event content or the actions, inactions or systems of our third party payment processor.
- In order to utilize your ticket(s), you will need to present the ticket to the Event organizer/host. If your ticket was delivered electronically, then you acknowledge and agree that the Event provider may require you to present your ticket using your mobile device.
- Before purchasing tickets for an Event, please carefully review your Event selection. We may – but do not have the obligation to – issue you a refund after a ticket has been purchased or lost, or stolen, damaged or destroyed.
- We may occasionally offer Event tickets at a discount after the original on-sale date and will not refund the difference between the original price and the sale price.
- You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to Event tickets purchased by you. Without limiting the generality of the foregoing, you will not seek a “chargeback” from the company whose credit card you used to purchase tickets for an Event. Should you do so, your tickets may be canceled, and we may, in our sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, terminate your membership with the applicable E3 Program, and/or prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using all or any portion of our Services.
- Unlawful resale (or attempted resale), counterfeit or copy of Event tickets is grounds for seizure and cancellation without compensation. Certain maximum resale premiums and restrictions may apply in some states, and we cannot be responsible for providing legal advice regarding resale or pricing of tickets. You are responsible for complying with all applicable ticket resale laws. In addition, we reserve the right to restrict or deny ticket purchasing privileges to anyone that we determine to be, or has been, in violation of our policies. Because we do not guarantee the authenticity of tickets purchased from any non-authorized third party reseller (such as brokers or individuals), we recommend that you purchase Event tickets directly through us, authorized partners or from the venue box office to ensure ticket authenticity. Event tickets may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by us and the Event provider.
- Pricing and Availability. You acknowledge that Event providers will set the face price of tickets for their Events and that tickets for popular events may sell out quickly. Occasionally, additional tickets may be available prior to the Event, but this is not guaranteed.
- Ticket Transfers. Ticket transfers are strictly prohibited without our prior, written consent, which we may withhold in our sole and absolute discretion. We may cancel transferred tickets if they were obtained fraudulently or otherwise in violation of these Terms, Event Provider Rules or other applicable terms and conditions. [If an Event is canceled or rescheduled, only the original purchaser will be eligible for a refund].
- Rescheduled or Canceled Events. We reserve the right to cancel or postpone an Event in our sole discretion. If we cancel or postpone an Event, we will use reasonable efforts to reschedule the canceled or postponed Event within twelve (12) months from its original start date. Registration or ticket fees paid for a canceled or postponed Event shall be applicable to the rescheduled Event on a dollar-for-dollar basis only. In the event we elect not to reschedule the canceled Event, we will offer the original purchaser a refund. If wfe issue a refund, our responsibility is limited to a refund of any registration fee(s) paid or ticket face value paid (or, for a discounted ticket, then instead the discounted ticket price paid). We will not be liable for travel, hotel, or any other costs, expenses or losses that you or anyone else incurs in connection with a canceled or postponed Event. Please allow thirty (30) days for processing any refunds or credits.
- Changes to Events. We reserve the right to change any and all presenters and content for an Event without notice.
- Recording, Transmission and Exhibition. You acknowledge and agree that all Events are considered public events, that your appearance and actions inside and outside the Event site are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the Event. You grant permission to us and the Event provider(s) to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
- Liability Release and Waiver. As further described in (and consistent with) Section 11 (Limitations on Liability), you voluntarily assume all risks and danger incidental to any Event in which you participate or attend, whether occurring before, during or after the Event, and you waive any and all claims for damages, including for personal injury or death, against us, and all owners, agents, officers, directors, managers, and employees on behalf of yourself. You bear all risks of inclement weather. Event date and time are subject to change. Also, while Event organizers may maintain certain insurance, we do not make any guarantees as to the insurance policies held by Event organizers or hosts. See the additional provisions of Section 11 (Limitations on Liability) for additional limits on our liability.
- TERMINATION. We reserve the right, in our sole discretion, to immediately terminate your access to all or part of our Services, to remove your profile or any content posted by or about you from our Services, or to terminate your membership with the applicable E3 Program, with or without notice for any reason or no reason in our sole discretion, including, without limitation, if we determine that you are not eligible to use our Services, have violated these Terms, are not suitable for participation as a member on the Platform, or have mis-used or mis-appropriated our Services (in whole or in part, and including any content made available thereon), including, but not limited to, use on a “mirrored,” competitive, or third-party site. Upon termination, we will be under no obligation to provide you with a copy of Your Materials, or any content or other outputs that result from and reside on your applicable E3 Program membership profile. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
- THIRD-PARTY MATERIALS.
- Third-Party Services. You acknowledge and agree that: (i) one or more of the functionalities or services available on or via our Services may be made available by third parties (“Third-Party Service Providers” and such functionalities or services, “Third-Party Services”); (ii) certain aspects of our Services (such as the Platform, for example) rely on API integration for certain features and functions, but that API integration has its own inherent level of unpredictability and inconsistency that is out of our control, and that as such we will have no liability for downtime of any Services caused by API integration failures; (iii) Third-Party Service Providers may impose restrictions on use of the particular Third-Party Service, in addition to other terms and conditions, including without limitation, those set forth in any applicable terms and conditions agreed to by or otherwise made available to you (collectively, “Third-Party Requirements”); (iv) you are solely responsible for compliance with, and will ensure that you comply with, all Third-Party Requirements; and (v) we may at any time terminate and/or discontinue any Third-Party Services, including as a result of termination of our relationship with the applicable Third-Party Service Provider, provided that we will endeavor to provide you with advance written notice of any such termination or discontinuation if possible.
- OWNERSHIP AND LICENSES.
- Ownership. You will own all right, title and interest in and to Your Materials. We or our licensors will own and retain all right, title and interest in and to the following (collectively, “Our Property”): (i) our Services, including the Platform, the Technology, and all improvements, enhancements or modifications to any of the foregoing; (ii) any work product, including any software, applications, inventions or other technology or intellectual property developed, authored and/or reduced to practice in connection with our Services (“Results”); (iii) the “E3” name, brand, marks and other similar intellectual property; (iv) any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the subject matter of these Terms (collectively, “Feedback”); (v) any and all performance data, test or evaluation results, or other metrics derived from our Services, including the Platform and Aggregated Data (as defined below); and (f) all intellectual property rights related to any of the foregoing. We expressly reserve all other rights in and to the foregoing. During and after the term of your use of our Services, each of you and we will cooperate with the other to do any and all things which are reasonably necessary or desirable to establish, maintain, protect and enforce our or your exclusive ownership of the property identified in this section.
- Use of Data. Notwithstanding anything to the contrary, and to the extent not prohibited by Law, we will have the right to collect and analyze Your Materials and other information relating to the provision, use and performance of various aspects of our Services (including the Platform and Technology, and including, without limitation, Your Materials and data derived therefrom), and will be free (during and after the term of your use of our Services) to: (i) use such information and data to improve and enhance our Services and for other development, diagnostic and corrective purposes in connection with our Services, including the Platform, the Technology or our other product or service offerings; and (ii) use and disclose such information and data solely in aggregate or other de- identified form in connection with our business without disclosing your identity (“Aggregated Data”). No rights or licenses are granted except as expressly set forth herein.
- Feedback. Any improvements, enhancements or other modifications created, prepared, produced, authored, edited, amended, conceived or reduced to practice by us (whether alone or together with you or any other third party or parties) arising out of or relating to Feedback are and will remain our sole and exclusive property.
- USER GENERATED CONTENT. Certain aspects of our Services may permit you and other users of our Services to chat, share or otherwise share or display with one another certain information, materials or other content (collectively, “User Generated Content”).
- We Do Not Endorse User Generated Content. We are not involved in the preparation or actual transmission of User Generated Content. As a result, we do not approve or endorse User Generated Content, and you acknowledge and agree that we (i) have no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Generated Content posted by you or any other person or entity; and (ii) will have no liability to you as a result of your submission or posting, access or use of, or reliance on, such User Generated Content. User Generated Content posted by other users may be inaccurate. Additionally, you may find User Generated Content posted by other users to be offensive, harmful, indecent, or deceptive. Please use caution and common sense, and do not rely solely on User Generated Content. Although we do not regularly review User Generated Content, we may, in our sole discretion and at any time, remove or edit any User Generated Content. You acknowledge and understand that we are under no obligation to enforce these Terms on your behalf against another user. Opinions, advice, statements, offers, or other information included in any User Generated Content, but not directly by us, are those of their respective authors, who/which are solely responsible for such User Generated Content.
- Your Materials May Expose You to Liability. You acknowledge that Your Materials may expose you to liability. For example, but not by way of limitation, you may be exposed to liability if Your Materials contain material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any Laws.
- Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable Law.
- Notification. If you believe any materials accessible on or from our Services infringe your copyright, you may request removal of those materials (or access to them) from our Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA“), your written notice (the “DMCA Notice“) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on our Services, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of the DMCA, your DMCA Notice may not be effective. Additionally, please be aware that, if you knowingly materially misrepresent that material or activity on our Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
- Counter Notification Procedures. If you believe that material you posted on our Services was removed or access to it was disabled by mistake or misidentification, then you may file a counter-notification with us (a “Counter-Notice“) by submitting written notification to our Copyright Agent. Pursuant to the DMCA, a Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An 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 disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which our Services may be found) and that you will accept service from the person (or an agent of that person) who provided our Services with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
- Copyright Agent. Our designated Copyright Agent to receive DMCA Notices and Counter-Notices is:
- CONSENT TO ELECTRONIC COMMUNICATION. By using our Services, you agree to allow us to communicate with you electronically, and you consent to electronic delivery of notices, documents, and other materials from us or our Services, via the Platform or e-mail. If you are a registered member, you also agree to check your membership account for alerts and messages, and the e-mail account reflected on your membership account on a reasonably regular basis to stay apprised of important notices and information about your membership with the applicable E3 Program.
- DISCLAIMERS. OUR SERVICES (INCLUDING THE TECHNOLOGY AND ALL CONTENT INCLUDED THEREON) ARE PROVIDED “AS IS” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE WITH RESPECT TO THE SAME. Without limiting the generality of the foregoing:
- You acknowledge that all or a portion of our Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by us or by third-party providers, or because of other causes beyond our reasonable control. We will use commercially reasonable efforts to provide notice of any scheduled service disruption and to reinstate the affected Services. HOWEVER, WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO OUR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY REPRESENTATION OR WARRANTY THAT OUR SERVICES (IN WHOLE OR IN PART) WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, EXPECTATIONS, NEEDS, ACHIEVE ANY PARTICULAR RESULT, INCLUDING YOUR COMPLIANCE WITH ANY APPLICABLE LAWS, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE.
- WE DO NOT: (i) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY CONTENT AVAILABLE ON, THROUGH OR AS A RESULT OF OUR SERVICES AND HEREBY EXPRESSLY DISCLAIM ANY LIABILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT; OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN US. ALL CONTENT, INFORMATION, EDUCATION AND TRAINING AVAILABLE ON, THROUGH OR AS A RESULT OF OUR SERVICES IS PROVIDED FOR YOUR INFORMATIONAL PURPOSES ONLY AND IS NOTINTENDED TO AND SHOULD NOT BE RELIED UPON OR CONSTRUED AS PROFESSIONAL OR EXPERT ADVICE. THIS INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. IN NO EVENT WILL WE BE LIABLE IN ANY WAY WITH REGARD TO SUCH INFORMATION. YOUR USE OF SUCH INFORMATION MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SERVICES, OUR CONTENT, USER GENERATED CONTENT, OR OTHERWISE AVAILABLE THROUGH OUR SERVICES WILL CREATE ANY WARRANTY REGARDING US OR ANY OF OUR SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU USE OUR SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN OUR CONTENT, USER GENERATED CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO OUR SERVICES, YOUR DEALINGS WITH ANY THIRD PARTY, AND YOUR USE OF OUR CONTENT, USER GENERATED CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR FINANCIAL ASSETS, AND ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES), OR THE LOSS THEREOF OR OF ANY DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES OR THE USE OF ANY OF OUR CONTENT, USER GENERATED CONTENT OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES.
- ALL THIRD-PARTY SERVICES INCLUDED IN OUR SERVICES ARE PROVIDED “AS IS” AND ARE SUBJECT TO ANY APPLICABLE THIRD-PARTY SERVICE PROVIDER TERMS AND CONDITIONS. ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY SERVICE IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY SERVICE PROVIDER.
- WE MAKE NO GUARANTEES AS TO HOW LONG OUR SERVICES WILL BE AVAILABLE. We make no guarantees as to the features and benefits of our Services and our Services are subject to change at any time without notice. Our Services and anything associated with us are subject to change at any time and by any method.
- LIMITATIONS ON LIABILITY.
- IN NO EVENT WILL WE OR ANY OF OUR LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR THE PROVISION OF OUR SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (i) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR DIMINUTION IN VALUE; (ii) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF OUR SERVICES; (iii) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF YOUR FINANCIAL ASSETS, DATA, OR A BREACH OF DATA OR SYSTEM SECURITY; OR (iv) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, IN EACH CASE, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
- IN NO EVENT WILL WE OR ANY OF OUR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF OUR SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED AS A RESULT OF YOUR USE OF OUR SERVICES, INCLUDING WITHOUT LIMITATION, FINANCIAL LOSS, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, PROPERTY DAMAGE, OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT AVAILABLE BY OR AS A RESULT OF YOUR USE OF OUR SERVICES.
- IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF OURS AND OUR LICENSORS, SERVICE PROVIDERS AND SUPPLIERS UNDER OR IN CONNECTION WITH THESE TERMS OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU TO US UNDER THESE TERMS DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR, IF YOU HAVE NOT PAID US FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
- YOU SPECIFICALLY ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR ANY CONSEQUENCES OF ACTIONS YOU TAKE OR FAIL TO TAKE AT AN EVENT OR BASED ON THE EVENT CONTENT, INCLUDING DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR EMOTIONAL DISTRESS, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH ACTIONS OR INACTIONS RESTS ENTIRELY WITH YOU.
- Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these state laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you. In the event that the foregoing is determined or held to be inapplicable or unenforceable by any court, Arbitrator (as defined below), arbitration panel or other tribunal, then the statute of limitations for the State of Florida, including Chapter 95, Florida Statutes, will apply to any such action, claim, dispute or proceeding referred to final or binding arbitration.
- INDEMNIFICATION. You agree to indemnify, defend and hold us and our affiliates, licensors, and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from and against any and all claims, actions, losses, damages, judgments, liabilities, costs, and expenses (including attorneys’ fees and the costs of enforcing this provision and of pursuing any insurance providers) (collectively, “Losses”) arising from or relating to: (i) any of Your Materials, including any use, disclosure or storage of the same by us or on our behalf in accordance with these Terms; (ii) your violation of these Termsor your use of our Services, in whole or in part, including, but not limited to, any use of our Services’ content and products other than as expressly authorized in these Terms, your use of any information obtained from our Services, or any act, investment or other decision made by you as a result of or otherwise in connection with your use of our Services; or (iii) use of our Services by any other person using your Access Credentials. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action.
- OUR REMEDIES. You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we will be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of the provisions of these Terms. You agree that (notwithstanding Section 14 below) we may bring any action or proceeding with regard to such injunction restraining such breach or threatened breach in the courts of record of Broward County, Florida, or the United States District Court, Southern District of Florida, Fort Lauderdale Division. You consent to personal jurisdiction over you by such court and to the exclusive jurisdiction of such court, and waive any objection to the laying of venue of any such action or proceeding in such court.
- DISPUTES: ARBITRATION AGREEMENT, AND CLASS WAIVER.
Please read this section carefully. Except as these Terms otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.
14.1 Agreement to Binding Arbitration
Before initiating arbitration, you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including, but not limited to, information or representations related to our Services and upon which you rely. You may seek to resolve any customer concerns through our support services at [email protected] or send the written description by U.S. Mail Attn: General Counsel. You agree to negotiate with us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 30 days after our receipt of your written dispute, you agree to the dispute resolution provisions below.
By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against us on an individual basis in arbitration, as set forth in this Section 14. You and we agree that any disputes between us (including any disputes between you and a third-party agent of E3) will be resolved through binding and final arbitration and not in a court. This includes, but is not limited to, (a) any dispute, claims, or controversy arising out of or relating to any part of these Terms, or the existence, breach, termination, enforcement, interpretation or validity thereof; or (b) your access to or use of our Services at any time. Such dispute shall be submitted to the American Arbitration Association (“AAA”) for individual arbitration in Broward County, Florida (or such other location as you and we mutually agree) and shall be before one arbitrator. The arbitration shall be administered by the AAA pursuant to its Consumer Arbitration Rules and Procedures, only as modified by this Arbitration Agreement.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
By agreeing to individual arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although review is limited, an Arbitrator can award on an individual basis the same damages and relief as would be available in court, and must enforce the same limitations stated in these Terms as a court would.
Notwithstanding the foregoing, either party may bring an individual action in small claims court 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 copyright rights, trademarks, trade secrets, patents or other intellectual property rights.
14.2 No Class Action
You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you and we each agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an Arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
14.3 Rules and Governing Law
The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf. The rules of the arbitral forum will govern all aspects of the arbitration, except to the extent those rules conflict with these Terms.
Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of Florida, without regard to its conflict of laws provisions.
14.4 Arbitration Process
You can begin the arbitration by submitting a Demand for Arbitration, which is a statement containing basic information about the dispute: (a) the names, addresses and phone numbers of the parties involved (you and E3, in most cases); (b) a description of the dispute; and (c) a short statement of the relief you are seeking. The AAA provides a Demand for Arbitration form on its website. Or you may contact the AAA at 800-778-7879.
Complete the Demand for Arbitration and make at least four (4) copies. Keep one copy for your records. Send one copy to us by certified mail at General Counsel, Notice of Dispute, ADDRESS: [ ].
Send the final two copies of the Demand for Arbitration to the AAA. Please be sure to include (1) a copy of this arbitration provision (you may obtain a copy from these Terms); and (2) the appropriate AAA filing fee. The filing fee is currently $200, but the AAA may change the amount of the fee. You may obtain the amount of the fee by consulting the AAA’s rules. Those rules may be obtained by visiting the Consumer section on the AAA’s website, or by calling the AAA at 800.778.7879.
Unless you and we agree otherwise in writing, in the event that any provision of this section is found not to apply to you or to a particular claim or dispute as a result of a decision by the Arbitrator or a court order, any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Broward County, Florida. You and we will submit to the personal jurisdiction of the courts located within Broward County, Florida for the purpose of litigating all such claims or disputes.
14.5 Arbitrator’s Decision
The Arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The Arbitrator will not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.
Regardless of the manner in which the arbitration is conducted, the Arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. Judgment on the award may be entered in any court having competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. The Arbitrator’s decision shall be final and binding on all parties.
Judgment on any award rendered by the Arbitrator is final, binding and conclusive on you and us and your and our respective administrators, executors, legal representatives, successors and assigns.
With the exception of disclosures to affiliates and legal counsel, all negotiations and arbitration proceedings related to a dispute (including a settlement, award, or the documents and briefs exchanged or produced during arbitration) are confidential and may not be disclosed by the parties except to the extent necessary for interim measures or conservatory relief, the enforcement of an arbitration award, or as required by law.
Payment of all filing, administration and Arbitrator fees will be governed by the AAA’s applicable consumer rules. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the Arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the Arbitrator.
- MISCELLANEOUS. You may not assign these Terms or your rights to use all or any portion of our Services without our prior written consent. No delay or omission by us to exercise any right or power under these Terms will impair any such right or power or be construed as a waiver thereof. A waiver by us in any one instance of any of the covenants, conditions or agreements to be performed by you will not be construed as a waiver with respect to any succeeding instance in which the same provision may apply. The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms and will not limit or otherwise affect in any way its meaning or interpretation. These Terms are for the sole benefit of the parties and their respective permitted successors and permitted assigns and nothing herein, express or implied, is intended to or will confer upon any other person any legal or equitable right, benefit or remedy of any nature whatsoever, under or by reason of these Terms. If any provision of these Terms is found by any court, Arbitrator, or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these Terms, which will remain in full force and effect. These Terms represent the entire understanding and agreement between us and you with respect to the subject matter hereof, and supersede all other negotiations, understandings and representations (if any) made by and between such parties, whether orally or in writing.
- INTERPRETATION. For purposes of these Terms, (a) the word “including”, or any variation thereof means “including, without limitation” and shall not be construed to limit any general statement that it follows to the specific or similar items or matters immediately following it; (b) the word “or” is not exclusive; and (c) words denoting the singular have a comparable meaning when used in the plural, and vice-versa. These Terms shall be construed without regard of any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. These Terms are drafted in the English language. If these Terms are translated into any other language, the English language text will prevail.
- CONTACT INFORMATION. If you have any questions or need further information as to our Services, please contact us via email at: [email protected].