This policy applies to information we collect through any medium, including, but not limited to, information:
- On this Site
- In email, text, and other electronic messages between you and the Site
- Through mobile and desktop applications you download from this Site, which provide dedicated non-browser-based interaction between you and this Site
- When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy
It does not apply to information collected by:
- Us offline or through any other means, including on any other Site operated by Company or any third party (including our affiliates and subsidiaries); or
- Any third party (including our affiliates and subsidiaries) including through any application or content (including advertising) that may link or be accessible from or on the Sit
4. POLICY APPLICABLE TO ONLINE ACTIVITIES ONLY
5. PERSONAL INFORMATION WE MAY COLLECT
TYPES OF INFORMATION COLLECTED. We may ask you for certain information referred to on this Site as “Personal Information,” which includes information that pertains to your identity. Such information may include, but is not limited to, items such as your name, address, date of birth, age, gender, e-mail address, telephone number, or credit card or debit card number information. You may be required to provide Personal Information to access or use certain parts of our Website or features of the Site. If you do not provide the requested Personal Information, you may not be able to access or use the features of the Site where such information is requested. This Site will also collect information about you but does not individually identify you.
6. GENERAL INFORMATION WE MAY COLLECT
TYPES OF INFORMATION COLLECTED. There may be other instances in which we collect information from you that is more general in nature (“General Information”). Such information may include your Internet Protocol (IP) address, which enables us to identify your computer or device on a Transmission Control Protocol/Internet Protocol (TCP/IP) network, which includes the World Wide Web. Your computer has an IP address, which is required in order for you to communicate with others via the Internet. Such General Information, including the “Click Stream Data” (defined below) and cookies, as mentioned below, may be collected from you whenever you access the Site, whether or not you provide us with any Personal Information.
6.1. Click Stream Data
When you visit our Website we may also collect “Click Stream Data” (server address, domain name). This information can be combined with information you have provided to us by registering, for example, which will enable us to analyze and better customize your visits. We may use Click Stream Data for traffic analysis or e-commerce analysis of our Website, to determine which features of our Site are most or least effective or useful to you.
6.3 Clear GIF’s
We may use “clear GIFs” (aka “Web beacons” or “pixel tags”) or similar technologies, in the Site and/or in our communications with you to enable us to know whether you have visited a Web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a Web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual’s viewing or receipt of a Web page or message. A clear GIF may enable us to relate your viewing or receipt of a Web page or message to other information about you, including your Personal Information.
6.4 How We Respond to “Do Not Track” Disclosures
We may utilize geolocation (identifying your geographical location by means of digital information that is processed through the internet) to track visitors to our Website. Geolocation is used to track the number of visitors to our Website which may be accessible by third parties and for marketing purposes.
7. GENERAL INFORMATION YOU PROVIDE US
There are instances in which you will provide information to us and the information we collect on or through our Site as a result may include:
- Information that you provide by filling in forms on our Site. This includes information provided at the time of registering to use our Site, subscribing to our service posting material or requesting further services. We may also ask for your information when you enter a contest or promotion sponsored by us, and when you report a problem with our Site.
- Records and copies of your correspondence (including email addresses) if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- Details of transactions you carry out through our Site and of the fulfillment of your orders.
- You may be required to provide financial information before placing an order through our Site.
- Your search queries on the Site.
You also may provide information to be published or displayed on public areas of the Site, or transmitted to other users of the Site or third parties (collectively “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Site with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
8. USE GENERAL INFORMATION ABOUT YOU
We may primarily use the Personal Information you provide and any General Information we receive from you to provide products and services to you, including, but not limited to, the following:
- To administer a content promotion survey or other Site and to provide you with the relevant products or services (for example, to deliver a prize you may have won in a contest).
- To send you information or materials via e-mail about products, offers, and news we think might interest you. This information may relate to products, offers, and news of Company or its licensees or selected commercial partners. We send you this only if you have single-opted-in to receive e-mails from our Website. A single-opt-in occurs when you only need to submit your email address to register for our Website and subscribe to any related mailings. If you no longer wish to receive any e-mails from us, or if you want to modify your personal data or want your personal data to be deleted from our database, see Sections 14 and 15.
- To analyze visits to the Website and learn about the interests of our visitors in aggregate and also on a personal level to better understand your interests and needs, so we can improve our products and services and deliver to you the type of content, features and promotions that you are most interested in.
9. PROTECTION OF YOUR PERSONAL INFORMATION AND GENERAL INFORMATION
We implement and maintain appropriate security measures in order to protect both the Personal Information and the General Information that we receive from you through our Website. Please keep in mind, however, that whenever you give out, or have Personal Information collected online there is a risk that third parties may intercept and use that information. While the Website strives to protect your Personal Information and privacy, we cannot guarantee the security of any information you disclose online. By using this Site, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through this Site and that any Personal Information, General Information, or other data or information received from you through the Site is provided to us at your own risk, which you expressly assume.
10. RIGHT TO OPT IN AND OPT OUT
You have the right to “opt in” and “opt out” of certain of our uses of your Personal Information, including by contacting us at email@example.com Attn: Compliance Department. At the time you are requested to provide Personal Information on this Site, you will have the opportunity to elect to, or not to: (1) receive correspondence from us, or (2) have your Personal Information shared with other entities for their marketing purposes. You may also make this request by sending an e-mail to firstname.lastname@example.org. Users may opt not to receive our electronic newsletters or those of third parties when providing Personal Information. Users who opt in may remove themselves from mailing lists at any time through the account-management pages or by following the instructions at the end of the e-mail they received from us. If you opt not to provide certain Personal Information when registering for or using our Site, however, you may not be able to use some of our services such as message boards.
Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us. Also, a request to have us stop sharing your Personal Information with other entities for marketing purposes will only apply as of the date of your request, and we will not be responsible for any communications that you may receive from entities that received your Personal Information prior to such request. In these cases, please contact that entity directly.
11. NO USE OF THIS SITE BY PERSONS UNDER 18 PERMITTED
11.1. Registration Declined
11.2. Notice Concerning Children
PLEASE NOTE: We are a general audience Site, and do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we are given notice or have reason to suspect that a Site user is under age 13, we will timely delete any Personal Information in that user’s account.
12. THIRD PARTIES
12.1. Sharing Information With Persons or Entities Who Manage This Website
Our global and local Websites and the Personal Information and General Information collected are managed and controlled by Representation Rebellion located at 10911 Calavo Dr., La Mesa, CA 91941. The servers that make Company’s global and local Websites available are located in San Diego, CA. If you are located outside San Diego, please note that the information you provide will be transferred to us, and by submitting the information you authorize this transfer. We have entered into an agreement with the hosting company in location to provide safeguards for the protection of your data that are consistent with this Policy.
12.2. Disclosing Information to Third Parties
WHO MAY HAVE ACCESS TO YOUR INFORMATION. Other than to the companies belonging to, or affiliated with us for the purposes set out above, and except as described in this Policy, we do not sell, trade, or otherwise transfer your Personal Information or General Information to third parties without informing you in advance. We provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties (collectively, “Service Partners”). Our Service Partners may use your Personal Information to operate our Sites and to deliver their services. For example, your data may be transferred to Website hosting partners and other parties who assist us in designing and operating the Website, executing services, or helping us analyze collected data. These parties will only use your data for the purpose of carrying out the work as agreed with us and will be required to keep the information confidential. We will encourage our Service Partners to adopt and post privacy policies. However, the use of your Personal Information by our Service Partners is governed by the privacy policies of those Service Partners and is not subject to our control. Please also see Paragraph 6.4 on how we will respond to “do not track” signals.
RELEASE OF INFORMATION. We may release Personal or General Information without your consent for security purposes, when required by law, or to prevent imminent harm to any person or entity. We will disclose Personal or General Information upon receipt of a court order or subpoena, or to cooperate with a law enforcement investigation, which may include responding to requests and court orders from jurisdictions outside the United States. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion. Release of your personal data or Personal Information for security purposes, as described in this agreement to any person or entity under any circumstances shall be based on a determination made solely by us, exercising our own discretion, permission for which is expressly granted by you to us in accordance with this Policy.
12.4. Links to Third Parties
13. AUTOMATIC COLLECTION
COOKIES. In addition to Section 6.2 above, cookies are also used for such activities as remembering your username and password, if you use such a feature on this Site. You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options you have to adjust your browser settings (such as Chrome, Safari, Firefox, Internet Explorer, or other browser). There are also software products available that can manage cookies for you. Please be aware, however, that when you choose to reject cookies, this choice may limit the functionality of the Website you visit and you may lose access to some of its features.
14. DELETING OR MODIFYING PERSONAL INFORMATION
CHANGING YOUR INFORMATION. You may cancel your account or any associated registration information at any time, and you may opt out of receiving any e-mails us. Additionally, you can choose to have all your Personal Information deleted from our database. You may opt out or delete your Personal Information and unsubscribe from our marketing materials, by clicking the ‘unsubscribe’ link located on our marketing e-mails and following the instructions provided. We encourage you promptly to update your Personal Information when it changes or utilize the ‘unsubscribe’ link to discontinue receiving marketing information from us.
15. YOUR CALIFONIA PRIVACY RIGHTS
15.1 California Shine The Light Law
We may from time to time elect to share certain “personal information” (as defined by California’s “Shine The Light” law) about you with third parties for those third parties’ direct marketing purposes. California Civil Code Section 1798.83 permits California residents who have supplied personal information, as defined in the statute, to us to, under certain circumstances, to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. If this applies, you may obtain the categories of personal information shared and the names and addresses of all third parties that received personal information for their direct marketing purposes during the immediately prior calendar year (e.g. requests made in 2017 will receive information about 2016 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. You may make this request in writing at:
Attn: Privacy Compliance
Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address or mail address.
15.2 California Consumer Privacy Act (CCPA)
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
We may from time to time collect the following categories of “personal information” (as defined by the California Consumer Privacy Act) about you: name, address, phone number, email, IP address, geolocation, purchase history, unique personal identifier, browser type, operating system, information about your use of the Site, and demographic information (including employment-related information) for the purposes of processing orders and administering your account, responding to Customer Service requests, and to better understand your needs and interests and improve marketing and promotional efforts of our products and services. We do not sell your personal information. We may from time to time elect to share personal information about you with third party vendors to perform certain functions on our behalf.
California residents may request the personal information collected or shared by Representation Rebellion, and/or request that their personal information be deleted. We will not discriminate against California consumers for exercising their CCPA rights. California residents may request disclosure and/or deletion of personal information by filling out and submitting a request via our CCPA Request Form .
Only you may make a consumer request related to your personal information. You may also make a consumer request on behalf of your minor child.
Your request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information, or are an authorized representative. You may only make a consumer request for disclosure twice within a 12 month period.
16. EU CITIZENS; GDPR ADDENDUM
Citizens of the European Union who are subject to the General Data Protection Regulations can find more information by visiting the following link: www.Representationrebellion.com/GDPR
17. QUESTIONS OR COMMENTS
This website is provided by Representation Rebellion. Throughout the site, the terms “we”, “us” and “our” or the like, refer to Representation Rebellion. Any person accessing or using the website and any associated webpages, including, without limitation, www.representationrebellion.com (collectively, the “Websites”) is referred to as “you”. Representation Rebellion offers the Websites, including all information, tools and services available from the Websites to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
Please read these Terms carefully before accessing or using our Websites. By accessing or using any part of our Websites, you agree to be bound by these Terms. If you do not agree to all of these Terms, then you may not access or use the Websites or any services therein. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the Websites shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to modify and/or change these Terms at any time, effective upon posting updated Terms (or parts thereof). It is your responsibility to check this page periodically for changes, modifications, amendments, etc. Your continued use of, or access to the Websites following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your place of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. Submissions to, and use of, the Websites are made available only to persons over the age of 13 and to persons who can form legally binding agreements under applicable law. Although users of all ages are welcome to browse the Website, the Website is not intended to be used by children under the age of 13 and children under the age of 13 are not to submit any personally identifying information through the Website.
You may not use the Websites, Services, or products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to intellectual property laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of our Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred without encryption and involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Websites and Services, use of the Websites and Services, or access to the Website and/or Services or any contact on the Websites through which any Services are provided, without our express written permission.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Websites is not accurate, complete or current. All materials on the Websites are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Websites is at your own risk.
The Websites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Websites at any time, but we have no obligation to update any information on the Websites.
You agree that it is your responsibility to monitor changes to the Websites.
SECTION 4 – MODIFICATIONS TO PRODUCTS, SERVICES, AND PRICES
Prices for our products and Services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Services (or any part thereof) without notice at any time.
We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Services (or any part thereof).
SECTION 5 – PRODUCTS AND SERVICES
Certain products or Services may be available exclusively online through the Websites. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Websites. We cannot guarantee that your computer monitor’s display of any color will be accurate
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products, Services, and related pricing are subject to change at any time without notice, at our sole and absolute discretion. We reserve the right to discontinue any product or Service at any time. Any offer for any product or Service made on the Websites is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Some of the products and Services available through or in connection with our Websites require you to register for an account. There is a limit of one (1) account per individual and you may only establish an account if you are 18 years of age or over.
To establish an account, you must complete the free registration process on the Websites. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant that you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.
You hereby authorize us and our merchant provider(s) to charge your credit card, debit card, or other acceptable method of payment in advance for all applicable fees incurred by you or on your behalf in connection with the product or Service you have chosen to purchase. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of your account by you or anyone else using your account. We reserve the right to terminate any account at any time for any reason.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 8 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Websites are entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Websites (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
SECTION 9 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on the Websites may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 – PERSONAL INFORMATION
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Websites or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Websites or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Representation Rebellion, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Representation Rebellion and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 – SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on the Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 19 – AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
WE BOTH AGREE TO ARBITRATE:
You and Representation Rebellion agree to resolve any claims relating to these Terms through final and binding arbitration.
WHAT IS ARBITRATION?
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this Section 19 is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern.
The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Representation Rebellion must do the following:
- Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a “Demand for Arbitration” at www.jamsadr.com;
- Send three copies of the “Demand for Arbitration”, plus the appropriate filing fee to your local JAMS office or to JAMS, 401 B Street, Suite 2100, San Diego, CA 92101; and
- Send one copy of the “Demand for Arbitration” to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and, in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under these Terms shall be held in the United States in San Diego, California under California law without regard to its conflict of laws provisions. If traveling to San Diego, California is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR:
The arbitrator will decide the rights and liabilities, if any, of you and Representation Rebellion, 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 Arbitration Rules, and these 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 us.
NO CLASS ACTIONS:
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff, or class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
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. 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 Representation Rebellion in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE:
SMALL CLAIMS OPTION:
You and Representation Rebellion agree that if a claim is within the jurisdiction of a small claims court, either party may choose to take the claim to that court instead of arbitration as follows: (a) The parties may take their claims to small claims court without first filing with the JAMS. (b) After a case is filed with JAMS, but before the arbitrator is formally appointed to the case by the JAMS, a party can send a written notice to the opposing party and the JAMS that it wants the case decided by a small claims court. After receiving this notice, the JAMS will administratively close the case. (c) After the arbitrator is appointed, if a party wants to take the case to small claims court and notifies the opposing party and the JAMS, it is up to the arbitrator to determine if the case should be decided in arbitration or if the arbitration case should be closed and the dispute decided in small claims court
CHOICE OF LAW/FORUM SELECTION:
In any circumstances where this Section 18 (Agreement to Arbitrate Disputes and Choice of Law) permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in the Southern District of California.
SECTION 20 – CONTACT INFORMATION
Questions about these Terms should be sent to us at email@example.com.
For general questions, feel free to email us at firstname.lastname@example.org