Capella Kincheloe, LLC (“COMPANY”) welcomes you to this site, www.thegoldenblueprint.com (“SITE”).
BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.
USE OF SITE
This website is provided solely for the use of current and future customers of COMPANY to provide you with information about my company, to permit you to place orders for products and services, and to enable you to contact my team and me with any questions or comments that you may have. Any other use of this site is prohibited.
You may not use any features of this SITE that permit communications or postings to post, transmit, display, or otherwise communicate any of the following:
i. Any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
ii. Any advertisement, solicitation, spam, chain letter, or other similar type of information;
iii. Any encouragement of illegal activity;
iv. Unauthorized use or disclosure of private, personally identifiable information of others; or
v. Any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
SITE CONTENTS AND OWNERSHIP
The information contained on this site, including without limitation, all images, designs, photographs, writings, graphs, data, and other content (“MATERIALS”) are the property of COMPANY or are legally licensed to the COMPANY and are protected by copyrights, trademarks, trade secrets, or other proprietary rights.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the SITE. You may not use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the SITE; or access or use for any commercial purposes any part of the SITE or any services or materials available through the SITE.
You SHALL comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the MATERIALS. Except as provided in this AGREEMENT, COMPANY does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information. Violators will be prosecuted.
DISCLAIMER OF WARRANTY
You expressly agree that use of this website is at your sole risk.
Neither COMPANY, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “PROVIDERS”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.
The MATERIALS may contain errors, omissions, inaccuracies, or outdated information. Further, COMPANY does not warrant reliability of any statement or other information displayed or distributed through the site.
COMPANY reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. COMPANY may make any other changes to this site, the MATERIALS and the products, programs, services, or prices (if any) described in this site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
LIMITATION OF LIABILITIES
YOU AGREE THAT COMPANY AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL COMPANY OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER COMPANY OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless COMPANY, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this AGREEMENT, violation of any law or regulation, or violation of any proprietary or privacy right.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this SITE must be commenced within one year after the claim or cause of action arises.
TERM AND TERMINATION
Without limiting its other remedies, COMPANY may immediately discontinue, suspend, terminate, or block your and any user’s access to this SITE at any time in our sole discretion.
In accordance with the FTC guidelines concerning use of endorsements and testimonials in advertising, please be aware of the following:
Testimonials appearing on this site are actually received via text, video or audio submission. They reflect real life experiences of those who have used COMPANYs products and/or services in some capacity. However, they are individual experiences and individual results. COMPANY makes no claim that they are typical results and they are not intended to represent or guarantee that anyone will achieve the same or similar results. Results will vary.
Testimonials displayed are given verbatim except for correction of grammatical errors. Some have been shortened. No compensation was provided for these testimonials.
As a convenience to you, this SITE links to websites operated by other entities (collectively the “LINKED SITES”). If you use any LINKED SITES, you will leave this site. If you decide to visit any LINKED SITE, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
LINKED SITES, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by COMPANY. The content, accuracy, opinions expressed, and other links provided by LINKED SITES are not investigated, verified, monitored, or endorsed by COMPANY.
COMPANY does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any LINKED SITE, other than linked information authored by COMPANY. Links do not imply that COMPANY or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any LINKED SITE is authorized to use any trademark, trade name, logo or copyright symbol of COMPANY or any of its affiliates or subsidiaries.
Except for links to information authored by COMPANY, COMPANY is neither responsible for nor will it be liable under any theory based on
(i) any LINKED SITE;
(ii) any information and/or content found on any LINKED SITE; or
(iii) any site(s) linked to or from any LINKED SITE.
If you decide to visit any LINKED SITES and/or transact any business on them, you do so at your own risk. COMPANY reserves the right to discontinue any LINKED SITE at any time without prior notice. Please contact the webmasters of any LINKED SITES concerning any information, goods, and/or services appearing on them.
COMPANY does participate in affiliate relationships. By clicking on certain links, you may be directed to an affiliate website, where COMPANY may receive a pre-arranged benefit for recommending certain products and or services. Company only participates in affiliate relationships with products and or services that COMPANY has personally used; however, COMPANY’S recommendation in no way provides any guarantee of your experience with recommended products and or services.
COMPANY assumes no liability for the recommendation of affiliate products and or services.
SITE is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS
This AGREEMENT is governed by and shall be construed in accordance with the laws of the State of Arizona, U.S.A., without reference to its conflict-of-law provisions.
COMPANY makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Maricopa County, Arizona, for any disputes with COMPANY arising out of your use of this SITE.
This AGREEMENT constitutes the entire agreement between COMPANY and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and COMPANY with respect to this website.
A printed version of this AGREEMENT and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this AGREEMENT to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If for any reason a court of competent jurisdiction finds any provision of this AGREEMENT or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this AGREEMENT, and the remainder of this AGREEMENT shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
This AGREEMENT at any time may be revised and you agree to be bound by the revised AGREEMENT. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this AGREEMENT from time to time to review the most current terms and conditions. COMPANY does not and will not assume any obligation to notify you of changes to this AGREEMENT.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from COMPANY solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Updated September 11, 2018
Please read and agree to The Golden Blueprint terms and conditions below. BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.
By accessing, viewing, or using this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
You are accessing one The Golden Blueprint (referred to below as the “The Golden Blueprint,” the “Golden Blueprint,” “TGB” or the “Course”) from Capella Kincheloe LLC (the “Company,” “we,” or “us”). You must be at least 18 years of age or older to access The Golden Blueprint.
The Golden Blueprint includes course content and materials, other information and materials furnished by the Company and access to a website for members of the Course. By agreeing to these terms and accessing The Golden Blueprint, you and the Company agree to the following legal terms and conditions that govern your use of the Course and that form a legal agreement between you and the Company.
You agree that The Golden Blueprint contains proprietary information and material that is owned by the Company and/or its licensors and is protected by copyright, trademark and other applicable intellectual property laws. Duplicating, sharing or uploading Product files to sharing sites is considered stealing and the Company will prosecute such misconduct to the fullest extent permitted by law.
The Company provides you with The Golden Blueprint solely for your personal, noncommercial use, and you agree that you will not use such proprietary information or materials in any way whatsoever except for use in compliance with this Agreement. You will not use The Golden Blueprint or the materials available in the Course in a manner that constitutes an infringement of the Company’s rights or that has not been authorized by the Company. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from The Golden Blueprint. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.
To be clear: please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference the Company, Capella Kincheloe, The Golden Blueprint, and the Course content, or infringe on any of the Company’s intellectual property in any way. All copyrights in and to The Golden Blueprint (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by the Company and/or its licensors, who reserve all their rights in law or in equity. THE USE OF THE COMPANY’S THE GOLDEN BLUEPRINT, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
Company trademarks, service marks, graphics, and logos used in connection with The Golden Blueprint are trademarks or registered trademarks of the Company. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
The Golden Blueprint is an individual purchase program. Upon registration you will receive one username, password, and a member profile for use during the live course and in the private member site. The course is non-transferrable.
If you would like to take The Golden Blueprint along with a business partner or collaborator, you will need to each purchase the course individually or the business partner plan. Additionally, if you are interested in having your assistant or your entire team take The Golden Blueprint, a separate membership will need to be purchased for each participating member.
Upon registration you will receive one username, password, and a member profile for use during the course and in the private member site.
When you register for The Golden Blueprint you are required to accurately and truthfully represent yourself when creating an account for the site and while using the Course. You are required to provide an accurate name, email and contact info, you are not permitted to impersonate someone else and you are not to use your account for any illegal purposes. Any misrepresentation of your credentials will be grounds for termination of your member and site access.
By registering for the site you are responsible for the security and safety of your login information. You are not permitted to share your login credentials for the purpose of sharing course material with another party. Daily logins and IP logins may be limited to prevent unauthorized sharing.
In addition, you are responsible for any content posted and all activity that occurs under your login credentials.
We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or entire Websites, to users, including registered users.
Payments are collected and processed through Teachable and Stripe, Inc. The course cost is due at time of registration via course secure online payment process. If you have an applicable discount code this must be entered at the time of booking, as the discount cannot be applied retrospectively.
Please note that if you do not provide accurate details (including type of card and number) or if your credit card company does not authorize payment, your application will be deemed void. Company will not accept any liability for costs incurred as a result of applications deemed void in this manner.
Sales taxes (VAT, TVA etc.) are charged at the applicable rate depending on the product and/or customer.
If you choose to be billed for the course in monthly installments via a payment plan, you are responsible for completing all payments on your plan unless a refund is requested within the refund period. Failure to pay the full course fee could result in legal action.
Payment installments will be billed to your credit card. You authorize the card issuer to pay any amounts described herein and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card until the course is paid in full.
You must provide current, complete and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete and accurate.
You authorize us to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. Please check with your bank and credit card issuer for details.
Missed payments may result in suspension or removal of your account and course access. You have 14 days from a missed payment to bring your account up-to-date or lose course access.
Late payments may accrue penalties and late fees. We may, without limiting our other rights and remedies, accelerate your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend our services to you until such amounts are paid in full.
You have until the release of Module 3 to be granted a refund. No refunds will be granted after Module 3 is released. You will receive a full refund if paid in full or the amount paid thus far on your payment plan.
In no event shall Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Company's Internet site, even if Company or a Company authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on Company's web site could include technical, typographical, or photographic errors. Company does not warrant that any of the materials on its web site are accurate, complete, or current. Company may make changes to the materials contained on its web site at any time without notice. Company does not, however, make any commitment to update the materials.
Company has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Company of the site. Use of any such linked web site is at the user's own risk.
The Company may provide links to third-party materials and websites and establish a Facebook group as a convenience to you and other Course Participants. These third-party materials and websites are not part of The Golden Blueprint and they may be either withdrawn or terminated at any time without any liability on the part of the Company. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that the Company is not responsible for examining and evaluating the content and accuracy of any third-party materials and websites, and the Company does 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. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that the Company will not be liable for your improper use of third-party materials and websites.
You and the Company have entered into this Agreement in the State of Arizona and agree that the validity, interpretation and legal effect of this Agreement, as well as all disputes among you and the Company, shall be determined in accordance with the laws of the Maricopa County, Arizona, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.
Included in your course payment, you receive one 30 minute Review Call. You are solely responsible for scheduling your Calls in a timely manner during the predetermined call times and in the correct time zone. There are instructions on how to schedule these calls within the course. Calls take place on prescheduled days and times available within the course, calls not taking place within this time frame will be forfeited. I will call you on the number provided, unanswered calls will be forfeited. Calls have no value when purchased with the course, there are no refunds.
Lifetime Access refers to the life of the The Golden Blueprint course. By purchasing The Golden Blueprint, you have access to the material in the course for as long as it exists in the product’s current online state. The Company reserves the right to terminate the product at any time without notice, thus terminating the life of the product and lifetime access. Lifetime access is only available if you remain in good standing, per this Agreement. From time to time, we may restrict access to some parts of the Websites, or entire Websites, to users, including registered users. Restricting access does not constitute a cessation of lifetime access.
ADDITIONAL TERMS AND CONDITIONS
1) LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS OR LICENSEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE OR PURCHASE OF THE COURSE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GOLDEN BLUEPRINT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
THE COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR PURCHASE AND USE OF THE GOLDEN BLUEPRINT, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
2) NON-DISPARAGEMENT. You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage the Company, The Golden Blueprint or Capella Kincheloe including but not limited to any remark, comment, message, information, declaration, campaign, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous or slander.
3) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. The Golden Blueprint is a non-transferable program.
4) TERMINATION. The Company is committed to providing all customers in the Course with a positive Course experience. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, the Company, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in the Course without refund or forgiveness of monthly payments; and/or (b) terminate this Agreement. Your obligations to the Company under this Agreement will survive expiration or termination of this Agreement for any reason.
6) INDEMNIFICATION. By purchasing and/or using The Golden Blueprint, you, to the extent permitted by law, agree to defend, indemnify, and hold harmless the Company, its owners, officers, employees, contractors, directors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your purchase and/or use of The Golden Blueprint. You shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of the Company’s owners, officers, employees, shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
7) RESOLUTION OF DISPUTES BY ARBITRATION. YOU AND THE COMPANY AGREE TO RESOLVE ANY CONTROVERSY, DISPUTE, CLAIM OR GRIEVANCE, WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE, BY ARBITRATION THAT WILL TAKE PLACE IN MARICOPA COUNTY, ARIZONA, UNITED STATES OF AMERICA AND BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) PURSUANT TO THE AAA COMMERCIAL ARBITRATION RULES. SUCH ARBITRATION WILL BE CONDUCTED BY A SINGLE ARBITRATOR WHO SHALL BE SELECTED BY THE APPLICABLE AAA RULES AND THE ARBITRATION HEARING SHALL BE HELD WITHIN ONE HUNDRED AND TWENTY (120) DAYS FROM THE DATE THE ARBITRATOR ACCEPTS HIS OR HER APPOINTMENT AS ARBITRATOR. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING UPON THE PARTIES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE CONFIRMED AND ENTERED AS A JUDGMENT IN ANY COURT HAVING JURISDICTION THEREOF. EACH PARTY SHALL BE RESPONSIBLE FOR ITS OWN ATTORNEYS’ FEES AND OTHER ARBITRATION COSTS. SHOULD THE AAA FIND THAT ITS CONSUMER ARBITRATION RULES APPLY, THE PARTIES WILL RETAIN THE RIGHT TO SEEK REMEDIES IN SMALL CLAIMS COURT FOR DISPUTES AND CLAIMS WITHIN THE JURISDICTION OF THAT COURT.
FURTHER, ANY SUCH CONTROVERSY, DISPUTE, CLAIMS AND GRIEVANCES WILL BE PURSUED INDIVIDUALLY AND NOT AS A CLASS ACTION. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. PLEASE NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY NOT BE AVAILABLE IN ARBITRATION. FOR EXAMPLE, THE PARTIES ARE WAIVING THEIR RIGHT TO A JURY TRIAL, AND PRE-ARBITRATION DISCOVERY IS GENERALLY MORE LIMITED THAN AND DIFFERENT FROM THAT AVAILABLE IN COURT PROCEEDINGS. IN ADDITION, THE ARBITRATOR’S AWARD IS NOT REQUIRED TO INCLUDE FACTUAL FINDINGS OR LEGAL REASONING AND ANY PARTY’S RIGHT TO MODIFY OR SET ASIDE AN ARBITRATOR’S AWARD IS STRICTLY LIMITED.
8) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by you, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. The Company may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in Maricopa County, Arizona, United States of America for purposes of any such action by the Company.
9) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties.
10) SEVERABILITY. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail, but in such event the provision effected in this Agreement shall be limited or eliminated only to the extent necessary, and the remainder of this Agreement shall remain in full force and effect.
11) NO WAIVER. The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.
Updated September 11, 2018