We highly recommend reading the following articles to fully understand our most up to date policies:
Full Terms and Conditions
These terms and conditions regulate the business relationship between you and us when you use the website https://www.learned.au (Our Website). By using Our Website in any way, or by purchasing our Services, you agree to be bound by them.
No person under the age of 16 years may use our Website and Services or provide personal information to us. Persons under age 16 may only use our Website and Services with the involvement and consent of a parent or legal guardian.
We are: Learned Hub Pty Ltd ACN 613 436 883 (“we, us, our“)
Our address is: G01/268 Oxford St, Bondi Junction, NSW
You are: a visitor to Our Website / our customer
The terms and conditions:
1. Our contract with you
1.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
1.2. Each party acknowledges that, in entering into this agreement, you do not rely on any representation, warranty, information or document or other term not forming part of this agreement.
1.3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
1.4. We do not guarantee that Services advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those that are posted on Our Website at the time you place an order for Services.
1.5. If in future, you purchase Services from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
1.6. We may refuse to provide the Services if you ask for the Services to be provided at a location we do not serve.
2. Acceptance of your booking
2.1. When you book our Services through Our Website or any other means, your booking is an offer to order our Services. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order.
2.2. At any time before the Services are performed, we may decline to perform the Services to you without giving any reason.
2.3. We may alter our Services in whole or in part, at any time and for any reason. You may cancel your order in case you do not agree with any changes. If you do not cancel your order, you will be deemed to have accepted the new terms of Services.
3. Your details
3.1. You agree to ensure that your personal details are true and accurate at all times and you undertake to update us with your details from time to time when they change.
4. Payment and Cancellation
4.1. All prices payable for the Services that you order will be clearly communicated with you prior to the start of your program with us. On registration you agree to pay for our Services in accordance with the agreed pricing and in accordance with the Services you agree to undertake.
4.2. Our prices for Services may be changed by us at any time during the period of your services. Should prices change, we will inform you of the changes with no less than seven days’ notice in writing.
4.3. We charge for our service by credit card. For our weekly packages we place charges on a weekly basis from your first lesson. On prepaid sessions we charge on the earliest of the expiry of the plan or when you complete all lessons.
4.4. You may cancel your account at any time by providing no less than 7 days’ notice in writing. . In the event of a cancellation, we will not be obligated to refund pre-paid credits.
4.5. Our prices include goods and services tax (“GST”)
4.6. Any bank charges by the receiving bank on payments to us will be borne by us.
4.7. If we owe you money we will credit your account as soon as reasonably practicable but in any event no later than 15 days from the date when we accept that repayment is due.
4.8 If a payment declines you will not be able to continue with sessions until the payment is recharged and confirmed.
5. Tutoring Sessions
5.1. Tutoring sessions are typically conducted at a regular interval as determined by you and your tutor. However your tutor may decide that your child requires multiple sessions each week and we are happy to accommodate extra tutoring sessions, subject to tutor availability. Additional sessions can be arranged with your tutor, note, written bill payer consent shall be provided to your tutor or LearnEd prior to additional sessions being delivered. Pricing for additional sessions is listed on our pricing page at www.learnedhub.com.au/pricing.
5.2. Tutoring session lengths are variable and can go up to 3 hours per session. We typically try to break down the private tutoring sessions throughout the week in order to allow the student to gain the most out of their private tutoring sessions. Each student commits to a minimum of 1 hour per subject of private one-on-one tutoring with a tutor each week.
5.3. You may cancel or postpone a tutoring session as long as you give your tutor no less than 24 hours’ notice. If you cancel your tutoring session:
5.3.1 more than 24 hours before the start time of the session then we will still bill you for that week but your credits will be rolled over to use in subsequent weeks; or
5.3.2 within 24 hours of the start time of the session then that time will be deducted from your minimum 1 hour per week contact time and you will still be charged for that week.
5.4. All rescheduled or catch up tutoring sessions must be booked directly with the tutor.
5.5 For sessions that fall on public holidays, you can contact your tutor to mutually decide whether you’d like to have the lesson on the public holiday or to reschedule the lesson to the next mutually available day and time. If you have trouble rescheduling a lesson you can contact the team at email@example.com and we will happily find a suitable time slot for you with your tutor.
5.6. If you or the student decides to end a tutoring session early then we will not refund any amounts to you for the tutoring time that was not used. If technical issues prevent the lesson being carried out in full, the session time can be caught up at the next mutually available time with your tutor. We aren’t able to refund for lost session time and you can you can contact your tutor or the admin team at firstname.lastname@example.org to schedule an appropriate date to catch up the session time.
5.7. If a tutor is unable to make a session, the tutor will contact you and ask you if you or your child would like to reschedule the session for another day or week. If you or your child is not available at the nominated times, please contact LearnEd to arrange a substitute tutor to attend the session. A substitute tutor may also be scheduled to catch up the session at a later date.
5.8. All LearnEd tutors are required to obtain and hold valid working with children checks in accordance with applicable Australian state legislation.
6.2. If you Post Content to any public area of Our Website or social media it becomes available in the public domain. We have no control who sees it or what anyone does with it.
6.3. Even if access to your Content is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
6.4. You irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical of you. You indemnify us on a full indemnity basis for any loss or damage you suffer due to our publishing feedback, comments and ratings.
6.5. Posting Content on Our Website does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
6.6. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or breach of any law, which may occur as a result of you Posting any Content.
6.7. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
6.8. We do not solicit ideas for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted us an irrevocable royalty free licence to use it.
7. Posting Policy: Removal of offensive Content
7.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
7.2. We are under no obligation to monitor or record the activity of any visitor or use of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
7.3. If you are offended by any Content, the following procedure applies:
7.3.1 your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by email;
7.3.2 after we receive notice of a claim or complaint, we may investigate at our discretion; and
7.3.3 we shall remove the offending Content as soon as we are reasonably able.
7.4. We may re-instate the Content about which you have complained or not.
7.5. In respect of any complaint made by you or any person on your behalf, whether using out of a complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
7.6. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
8.1. Our Website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of, or privacy compliance by any linked website.
8.2. Any hyperlink on Our Website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information, services and/or products which they provide.
8.3. You may link our website only with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of Our Website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials. This permission is conditional upon you not portraying us or any Service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent
9. Security of Our Website
9.1. If you violate Our Website and/or any terms of this agreement, we may take legal action against you.
9.2. You agree that you will not, and will not allow any other person to:
9.2.1 modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software or applications used within it.
9.2.2 link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
9.2.3 download any part of Our Website, without our express written consent;
9.2.4 collect or use any product listings, descriptions, or prices;
9.2.5 collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
9.2.6 aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
9.2.7 share with a third party any login credentials to Our Website.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
10.1. your failure to comply with the law of any country;
10.2. your breach of this agreement;
10.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
10.4. a contractual or negligence claim arising from your use of the Services;
10.5. a breach of the intellectual property rights of any person.
11. Security of your Financial Information
11.1. We take care to make Our Website safe for you to use.
11.2. Direct debit payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
12. Intellectual Property
12.1. When you visit Our Website, we give you a limited licence to access and use information on Our Website for personal use.
12.2. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our Content in any other way infringes our intellectual property rights.
12.3. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on Our Website without our prior written permission.
12.4. The licence to access and use the information on Our Website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror Our Website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of Our Website.
12.5. If you Post on Our Website by placing images, text, copy, photos or videos (Your Material) on Our Website then you grant us a non-exclusive, royalty free, irrevocable licence to use Your Material on the Website in any way we deem fit and in any promotional material we deem fit, such as but not limited to email marketing campaigns and other online and physical marketing materials.
12.6. In relation to Your Material, you consent to an infringement of your moral rights, for example the right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
12.7. Apart from Your Material which you Post, all rights, title and interest in Our Website or photos, images or logos on our Website are subject to copyright under the Copyright Act 1968 (Cth) and are solely owned by us and our affiliate businesses and/or companies. This includes, but is not limited to, all images, photos, text, information, graphics and videos.
12.8. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content on or from Our Website, in whole or in part.
12.9. You may not use our name or logos or trademarks or those belonging to other third parties that have Posted on Our Website without the prior written consent of us or that third party (as relevant).
13. Service Warranties
13.1. Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010, and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
13.2. Our liability is governed solely by the ACL and these terms and conditions. We excludes all conditions and warranties implied by custom, law or statute except for your Statutory Rights. Unless the Statutory Rights apply, the Services, and all other material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
13.3. If your Statutory Rights apply because you are a consumer as defined in the ACL, then we guarantee that the Services:
13.3.1 we supply to you are rendered with due care and skill;
13.3.2 will be fit for the purpose that we advertise, or the Services will give the result that we have agreed to in writing with you prior to providing the Services; and
13.3.3 will be supplied within a reasonable time.
13.4. To the extent we are unable to exclude liability, our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the services to you, or, at our option, refunding to you the amount you have paid us for the Services to which your claim relates, minus any payment processing fee or payment gateway refund fee.
14.1. All the conditions, warranties or other terms implied by the law of any county other than the Commonwealth of Australia are excluded from this agreement to the extent permitted by law.
14.2. We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Services, at any time and without advance notice.
14.3. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention any that you find.
14.4. Use of Our Website is at your own risk. To the extent permissible by law, we do not make any, and exclude all express or implied warranties, representations, statements, terms and conditions relating to your use of the Services or Content available on or from Our Website.
14.5. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the Services.
15.1. You agree that you will not solicit, hire or retain the services of, in any capacity whatsoever, the Learned affiliated tutoring staff without the express written consent of Learned. In the event that you intentionally or inadvertently solicit, hire or retain the services of, in any capacity whatsoever, any Learned affiliated tutoring staff for the purposes of maths tutoring, then you agree to pay to Learned the fees that would have been paid to Learned had you engaged the tutor through Learned.
16. Matters beyond our reasonable control
16.1. There may be instances where we may not be able to perform certain or all obligations that we have agreed to in this agreement because of something beyond our reasonable control, which may include but is not limited to, events that constitute a force majeure which may include: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by a government body or other competent authority, industrial disputes, technical difficulties, power outages, hardware difficulties, software difficulties or other acts, events or omissions that affect our capacity to perform certain or all obligations that we have agreed to in this agreement. There may be other reasons too, not expressly set out here. In these cases, you irrevocably and unconditionally agree that we do not accept responsibility or liability for not providing you with the Services or for breaching our obligations.
17. Miscellaneous matters
17.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
17.2. Where we provide services or products without specific charge to you, then they are deemed to be provided free of charge, and not to be associated with any other services for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those products or that service.
17.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
17.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
17.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
17.6. Any communication to be served on either party by the other shall be delivered by e-mail. It shall be deemed to have been delivered, if sent to the address from which the receiving party has last sent e-mail: within 48 hours if no notice of non-receipt has been received by the sender.
17.7. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
17.8. This agreement does not give any right to any third party.
17.9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
17.10. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
17.11. The validity, construction and performance of this agreement shall be governed by the laws of the State of New South Wales.
In this agreement:
“Content” means any content in any form such as but not limited to text, photographic images, videos, icons, emoji, published on Our Website by us, by you, or by any third party with our consent. “Services” means the service being provided on Our Website. “Our Website” means the website where these terms and conditions are placed and includes all web pages controlled by us including any and all subdomains. “Post” means ask maths question, display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly. 22. Interpretation
In these terms and conditions unless the context otherwise requires:
18.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation;
18.2. by accessing the Services through Our Website or otherwise, you unconditionally and irrevocably agree to be bound by these terms and conditions, all applicable laws and/or regulations and you agree that you are responsible for this compliance
18.3. these terms and conditions prevail over any terms proposed by you;
18.4. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
18.5. any obligation of any person arising from this agreement may be performed by any other person;
18.6. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party;
18.7. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
18.8. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation;
18.9. if there is any conflict between these terms and conditions and other terms and conditions on Our Website, these terms and conditions will prevail; and
18.10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
Last updated: 29 November 2022
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online, offline, or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or manually dialed marketing mobile messages (as applicable) at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. We, any party that assists Us in the delivery of the mobile messages, and the respective wireless carriers, including T-Mobile, are not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the Program if you are under thirteen (13) years of age. If you use or engage with the Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Program, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Program, or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Program. Prohibited content includes:
* Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
* Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
* Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
* Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
* Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
* Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
DISPUTE RESOLUTION – ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED: In the event that there is a dispute, claim, or controversy between you and Us, or any other third-party service provider, including Autopilot, acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in g01/268 Oxford St, Bondi Junction NSW 2022, Australia before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which LearnEd’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
End of Terms and Conditions