Effective Date: July 20, 2020
Our Commitment to Privacy
Please read this policy so that you have a detailed explanation of what you are agreeing to when you sign up with us. We hope that you consult it as needed.
“Cookies” mean the small pieces of information that a Site sends to your browser while you are viewing a website.
“Data Subject” means an identified or identifiable natural living person. An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to his or her personal physical, psychological, mental, economic, cultural or social characteristics.
“De-Identified Information” means information that is neither used nor intended to be used to personally identify an individual.
“Personal Information” or “Personally Identifying Information” means data that personally identifies or may be used to personally identify a person, including an individual’s name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, e-mail address, user ID, password, and identification numbers. Personal Information does not include data that is de-identified, anonymous, or publicly available. For Switzerland, the term “person” includes both a natural person and a legal entity, regardless of the form of the legal entity.
“Sensitive Information” means Personal Information that discloses a Data Subject’s medical or health condition, race or ethnicity, political, religious or philosophical affiliations or opinions, sexual orientation, or trade union membership.
“Third Party” means any individual or entity that is neither Axxon nor a Axxon employee, agent, contractor, or representative.
The information Axxon collects falls into the following categories:
Non-Personally Identifiable Information is information that cannot alone be used to identify or contact you. A primary source of such information includes browser information when you are using our websites. Website log files and data and Third Party scripts collect information that may include IP addresses, browser type, internet service provider (ISP), referral / exit pages, pages viewed, date & time stamps, and other similar information. Log files and Third Party scripts may also collect general demographic information. We use these log files and Third Party scripts to help us analyze traffic patterns and site usage, understand audiences, as well as improve our sites and services.
Personally Identifiable Information (“PII”) is information that can be used to identify or contact you. Such information might include your name, mailing address, e-mail address, telephone number, company, title, social media handles, site username or site password. PII may be collected when you establish a user account for use with our services, complete a survey, correspond with us, or inquire about our service offerings.
Information We Collect via Technology
As you use the Site or the Services, certain additional information may be passively collected by Cookies, navigational data like Uniform Resource Locators (URLs) and third-party tracking services, including:
Information Use and Sharing
You user profile information, including your name, location, and other information you enter in your profile, may be displayed by Axxon to facilitate Services.
Axxon is the sole owner of the information collected through its marketing, recruitment, sales, and other commercial activities. In these activities, we only have access to and collect Personal Information that 1) you voluntarily provide us or that 2) we acquire through third-party sources such as business intelligence platforms. We will not sell or rent to anyone the information provided to us or obtained by us. Unless you ask us not to, we may use this Personal Information for purposes such as:
When Personal Information collected is no longer needed for the purpose(s) for which it was collected, and if Axxon is no longer is required to retain this information by law or policy, Axxon reserves the right to destroy or delete the information.
Opting Out. You may opt-out of communications at any time by clicking the unsubscribe link provided in an e-mail or by sending a request to email@example.com
Information You Share With Third Parties and Links
Disclosures & Onward Transfers of Personal Information
In achievement of internal business operations, Axxon discloses Personal Information only to Third Parties who reasonably need to know such data in accomplishment of a contracted task or Axxon business purpose. This includes vendors, third-party providers, and payment processors who process the electronic billing of clients or orders.
Recipients must agree to abide by contractual obligations established 1) restricting use of information to Axxon instructed/specified purposes, 2) securing the availability, integrity, and confidentiality of the information while in their possession, and 3) returning & purging information upon termination of contract. Third-parties are not permitted to use Personal Information except for the purpose of providing contracted services.
Axxon may also disclose your personally identifying information in the following circumstances:
Axxon does not share Protected Health Information with third parties for their own direct marketing purposes.
We may use De-Identified Information created by us without restriction.
By sending Personally Identifiable Information to us, you acknowledge and consent that your data may be transferred across national borders to countries where data privacy laws may not be as protective as those in your jurisdiction. This is particularly the case for data transferred outside the EU/EEA.
To prevent unauthorized access or disclosure, to maintain data accuracy, and to allow only the appropriate use of your Personal Information, we utilize industry standard physical, technical, and administrative controls to safeguard the information we collect and process.
We follow generally accepted industry standards to protect access, storage, and transmission of Personal Information submitted to or acquired by us.
Axxon team members and contractors may access and use Personal Information only if they are authorized to do so and only for the purposes for which they are authorized.
Responsibilities and Management
Axxon will maintain, monitor, test, and improve information security policies, practices, and systems to protect Personal Information that it collects. Axxon team members and contractors will receive role-specific training to effectively implement this policy.
Your Choice to Access, Change, or Delete Personal Information
You as a Data Subject have the choice to 1) know what Personal Information has been collected and stored within Axxon’s information systems about you and 2) ensure that this Personal Information is accurate and relevant for the purposes for which Axxon has collected it.
Upon reasonable written request directed to firstname.lastname@example.org, you may 1) review your Personal Information, 2) request modification/correction of any data that it is incorrect or incomplete, or 3) request removal/inactivation of Personal Information as permitted by applicable law and Axxon’s policies. We may require you to verify your identity prior to disclosing, modifying or deleting any Personal Information, in our sole discretion.
Such requests and updates will not invalidate consent to any collection, use, or disclosure of Personal Information prior to you withdrawal of consent. Such requests and updates may not have an effect on information that we have provided to third parties in accordance with this Privacy Statement before such update. In certain circumstances, we may not be able to continue to provide you our services if you change or delete Personal Information.
Axxon will endeavor to respond to all reasonable written requests of individuals to view, modify, or remove/inactivate Personal Information within 30 days of the original request. If you do not receive a timely acknowledgement to a question/concern submitted to Axxon by way of e-mail, please contact us at email@example.com.
Children and Minors
The Site and/or any future Apps are not intended for individuals under the age of 18. We do not knowingly allow individuals under the age 18 to create accounts, and no one under age 18 should provide any information to us through the Site. If you are under 18, do not access, use, or provide any information on the Site or on or through any of its features.
Your California Privacy Rights
Axxon does not meet the qualifications requiring compliance with the California Consumer Privacy Act (“CCPA”); however, because we respect the privacy of the persons who use the Website, we do offer some of the California Shine the Light Law rights to California residents where practicable.
For purposes of compliance with the California Shine the Light Law, we hereby acknowledge the following:
Your Nevada Privacy Rights
Axxon does not target users residing in Nevada. However, for purposes of offering protections in accordance with Nevada SB 220, we hereby disclose and acknowledge the following:
We collect the following Personal Information: first and last name, e-mail address, mailing address, social media handles and telephone numbers. We do not collect Social Security numbers or other contact information from individual users. We do not disclose any of the above Personal Information to third parties except as necessary to operate the Axxon business, within the reasonable expectations of any individual who provides Personal Information to Axxon. Third parties may provide us with e-mail addresses for individuals who are both registered users of Axxon and who are not registered users of Axxon; we use these e-mail addresses to pre-populate a profile for a user in the event that the individual ever registers an account on Axxon with that e-mail address, and for no other purpose. We do not build accounts for individuals who have not registered on the Website. We may share the e-mail address with the third party that originally provided it to Axxon.
If you are a Nevada resident who wishes to opt out of Axxon’s collection of your Personal Information, please review the Your Choice to Access, Change, or Delete Personal Information above and e-mail us at firstname.lastname@example.org. We will endeavor to respond within 30 days of the original request. However, please note that we may not be able to provide you full services should you exercise your choice to opt out.
How to Contact Us or Report Violations
If you have questions or concerns about our privacy practices, or would like to request data access or report a violation, please contact us by sending an email to email@example.com.
BY USING THIS WEBSITE, YOU ACCEPT THIS POLICY.
User Terms and Conditions of Use
Please read this following agreement so that you have a detailed explanation of what you are agreeing to when you sign up with us.
We are, moreover, asking you to help us help you obtain access to the best medical experts globally (“Providers”), regardless of borders, so we are providing you with information on how to resolve any issues that might arise in a way that allows this important service to continue. We hope that you consult it as needed.
The term “Axxon” or “us” or “we” or “Company” refers to the owner of the website, Axxon LLC, an Illinois Limited Liability Corporation. The term “you” refers to the user or viewer of the Site.
This Site is offered and available to users who are 13 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company or third parties acting through the Company’s Site and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
NO PHYSICIAN-PATIENT RELATIONSHIP. BY USING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT NO SERVICE OR CONTENT YOU RECEIVE FROM THE SITE SHALL CONSTITUTE A DIAGNOSIS, MEDICAL ADVICE, TREATMENT, OR ESTABLISH ANY MEDICAL LICENSED PROFESSIONAL/PATIENT RELATIONSHIP. NO MEDICAL LICENSED PROFESSIONAL/PATIENT RELATIONSHIP SHALL BE FORMED BETWEEN YOU AND A LICENSED MEDICAL PROFESSIONAL BASED ON THE INFORMATION PROVIDED BY OR THROUGH THE SITE, FROM LINKS TO OTHER SITES, OR BASED ON ANY ASSISTANCE WE PROVIDE YOU, INCLUDING WITHOUT LIMITATION, TO FIND AN APPROPRIATE MEDICLA PROFESSIONAL OR SPECIALIST.
Accessing the Site and Account Security
The content of the pages of this website is for your information and use only. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the Site.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Transmitting to Site
Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, graphics, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by any end user license agreement for such applications.
If we provide certain social media features with content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights or notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you wish to make any use of material on the Site other than that set out in this section, you must have our prior written consent. To seek consent, please address your request to: firstname.lastname@example.org.
The Company name, the Company logo (if applicable) and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
You agree not to use the Site:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards (hereinafter defined).
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.
Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Use any manual or mechanical process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Site.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Site.
Monitoring; Enforcement; Termination
We have the right, but not the obligation, to:
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
If you believe that any User Contributions violate your copyright, please contact email@example.com for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
Any information presented on or through the Site by the Company is made available solely for general information purposes. We do not make representations or warrant the availability, accuracy, completeness, trustworthiness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any use of User Contributions.
This Site includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Site
We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. No specified update or refresh date applied on the Site should be taken to indicate that all information in the Site has been modified or updated.
Errors, Inaccuracies and Omissions. Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.
Information About You and Your Visits to the Site
Electronic Communications from Site
By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from Axxon. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with Axxon. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You understand and agree that any electronic communications that you request in your account settings and that Axxon provides to you may be delayed or prevented for reasons beyond Axxon’s control. Axxon can neither guarantee the delivery nor the accuracy of the content of any alert. You agree that Axxon is not liable for any delays, any losses suffered pursuant to any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Linking to the Website and Social Media Features
You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website or App may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website or App.
Send e-mails or other communications with certain content, or links to certain content, on this Website or App.
Cause limited portions of content on this Website or App to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or App or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.We may disable all or any social media features and any links at any time without notice in our discretion.
Third Party Links & Ads; Other Users
Geographic Restrictions and Availability of Services
The availability of Services listed on the Site may vary depending on your location.
Consent to Terms by International Users
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that links accessible through, or files available for downloading from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Under NO circumstances will Axxon or its providers be held liable for any delay or failure in performance due in whole or in part to any acts of nature, forces, or causes beyond its reasonable control, foreseeable or unforeseeable.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
Dispute Resolution and Binding Arbitration
YOU AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution and Binding Arbitration Process. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
Waiver of Class Arbitration
YOU ARE NOT ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Paragraph headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.
Your Comments and Concerns
Feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org.