Terms and Conditions of Use for Legacy Laser Designs, LLC
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR ACCESSING THIS SITE: Legacy Laser Designs, LLC ("Legacy Laser Designs," “we,” “us,” or “our”) maintains this website (the “Site”) as a service to our customers. By using the Site, you agree to comply with and be bound by the following terms of use (this “Agreement”). Please review these terms and conditions carefully. If you do not agree to these terms, you should not use the Site.
1. This Agreement: and all Legacy Laser Designs, LLC policies referenced herein, constitute the entire and only agreement between Legacy Laser Designs, LLC and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the www.LegacyLaserDesigns.com website (the "Site"), the content, products, or services provided by or through the Site, and the subject matter of this Agreement. Any terms and conditions which you include in any purchase order, confirmation of order, or other document are expressly excluded. Any variation of the terms and conditions in this Agreement will be binding on Legacy Laser Designs, LLC only if agreed in writing by you and an authorized representative of Legacy Laser Designs, LLC. This Agreement may be amended by Legacy Laser Designs, LLC at any time and from time to time without specific notice to you. The latest version of this Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Use of the Site: By accessing www.LegacyLaserDesigns.com (the "Site") and/or ordering any product from Legacy Laser Designs, LLC, you agree not to use our services or the Site to create or disseminate any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. Additionally, you agree not to use the Site in a manner that infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any third party.
3. Accounts, Passwords, and Security: Certain areas of our website, www.LegacyLaserDesigns.com, require registration or otherwise ask you to provide information to participate in certain features or access specific content. If you elect not to provide such information, you may be unable to access certain content or participate in some features of the Site. If our Site requires you to create an account or otherwise submit information, you must complete the process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility.
During the registration process, you will be asked to enter your name, a valid e-mail address, and choose a password. It is your responsibility to maintain the confidentiality of your password and account. For more information regarding how Legacy Laser Designs, LLC uses your personal information, please see our Privacy Policy.
Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Legacy Laser Designs, LLC immediately of any unauthorized use of your account at our phone number 260-440-8880. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. Legacy Laser Designs, LLC is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. We are also not responsible for any delay in shutting down your account after you have reported a breach of security to us.
4. Verifying Your Address: Legacy Laser Designs, LLC reserves the right to contact you via email to verify the accuracy of account information (including your correct name and address) that is needed to provide you with the information or products requested from Legacy Laser Designs, LLC.
5. Fraud: By creating an account on www.LegacyLaserDesigns.com, you confirm that the information provided is true and accurate and that you agree to abide by this Agreement. Please be aware that your account with Legacy Laser Designs, LLC can be canceled without notice if it is determined that false or misleading information has been provided, this Agreement has been violated, or other abuses have occurred as determined by Legacy Laser Designs, LLC in its sole discretion.
6. Copyrights and Trademarks: The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to www.LegacyLaserDesigns.com are protected under applicable copyrights, trademarks, registered trademarks, and other proprietary rights, including but not limited to intellectual property rights. The copying, redistribution, use, or publication by you of any such matters or any part of the Site, except as allowed by Section 9, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through the Site. By posting information or materials on the Site, Legacy Laser Designs, LLC does not waive any rights in such information and materials.
7. Product Information and Colors: At Legacy Laser Designs, LLC, we have made every effort to display as accurately as possible the colors of our products that appear on www.LegacyLaserDesigns.com. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect the color of the product on delivery. In some cases, merchandise displayed for sale on the Site may not be available in stores. The prices displayed on the Site are in U.S. Dollars.
8. Errors, Inaccuracies, and Omissions: Occasionally, there may be information on our Site, www.LegacyLaserDesigns.com, that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Legacy Laser Designs, LLC reserves the right to correct any errors, inaccuracies, or omissions, and to delete any information or content appearing on the Site. We also reserve the right to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice, including after you have submitted your order.
9. Limited Right to Use: The viewing, printing, or downloading of any content, graphic, form, or document from www.LegacyLaserDesigns.com grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. No part of any content, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
You agree not to download, display, or use any content from Legacy Laser Designs, LLC located on the Site for use in any publications, on websites other than the Site for any commercial purpose, in connection with products or services that are not those of Legacy Laser Designs, LLC, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Legacy Laser Designs, LLC and/or its licensors, that dilutes the strength of Legacy Laser Designs, LLC, or that otherwise infringes Legacy Laser Designs, LLC’s intellectual property rights.
10. Protection of Intellectual Property: If you believe that any product purchased on www.LegacyLaserDesigns.com, or any materials accessible on or from the Site have been copied in a way that constitutes copyright infringement, please notify us at Lee@LegacyLaserDesigns.com, and provide the following information ("Notice"):
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
Identification of the material or products you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please note that this procedure is exclusively for notifying Legacy Laser Designs, LLC that your copyrighted material has been infringed. Upon receipt of your notification, Legacy Laser Designs, LLC will remove the infringing materials from the Site and may terminate a relationship with an allegedly offending customer but does not have the ability to collect or return allegedly infringing products.
11. Privacy Policy: Our Privacy Policy, which may change from time to time, is an integral part of this Agreement. In certain areas of www.LegacyLaserDesigns.com, you may have the opportunity to provide us with personal information, either directly or through automated means. Legacy Laser Designs, LLC reserves the right, and you hereby authorize Legacy Laser Designs, LLC, to collect, use, and disclose your personal information in connection with the use of the Site in any manner consistent with Legacy Laser Designs, LLC’s Privacy Policy. This includes activities for which we first require your explicit consent to be given through other means.
If you disclose to us, or to our service providers, contractors, or third parties, any personal information relating to other people in connection with the Services, you represent that you have the authority to do so and permit us to use the information in accordance with our Privacy Policy. We encourage you to read our Privacy Policy for more details about our information practices.
11. Credit Card Payments: You represent and warrant that if you are purchasing something from Legacy Laser Designs, LLC with a credit card, that (i) any credit card information you supply is true, correct, and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes. Legacy Laser Designs, LLC does not accept reseller or sales and use tax exemption certificates for online sales. Payment is required in full upfront before an order for custom products will move into production.
We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product; (ii) limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or shipping address; (iii) limit or prohibit orders that, in Legacy Laser Designs, LLC’s sole judgment, appear to be placed by dealers, resellers, or distributors; (iv) impose conditions on the honoring of any promotional code, or other similar promotion; (v) bar any user from making or completing any or all transaction(s); and (vi) refuse to provide any user with any product. Resellers are defined as a company or an individual that purchases products with the intention of selling them rather than using them.
12. Title and Loss: Title to, and risk of loss of, the product passes to you upon delivery of the ordered items to the carrier. Delivery lead times vary. Please note all delivery dates are estimates and are not a guarantee that the product will be delivered on the specified date. Legacy Laser Designs, LLC will not be liable for any loss or expenses which you may incur as a result of any delay in the delivery of your order. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
13. Links to Other Websites: The www.LegacyLaserDesigns.com website (the "Site") contains links to other websites. Legacy Laser Designs, LLC is not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by Legacy Laser Designs, LLC. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by Legacy Laser Designs, LLC. If you decide to leave the Site and access these third-party sites, you do so at your own risk.
14. Submissions: All suggestions, ideas, notes, proposals, concepts, content, artwork, and other information you may from time to time send to Legacy Laser Designs, LLC (collectively, “Submissions”) shall not be subject to any obligation of confidence on Legacy Laser Designs, LLC’s part. Without limiting the foregoing, you grant Legacy Laser Designs, LLC a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, edit, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Submissions without compensation to the provider of the Submissions.
Designs created using the text tools and images available through the product customization service on www.LegacyLaserDesigns.com are in no way the exclusive property of the customers who assemble such designs. Legacy Laser Designs, LLC retains the right to display such designs or offer them (or variations of such designs) to other customers. Furthermore, Legacy Laser Designs, LLC provides no warranty that designs created using our text tools and images will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party.
Legacy Laser Designs, LLC reserves the right to re-purpose Submissions for marketing materials, including but not limited to: social media channels, website materials, advertisements, and print materials.
15. Custom Products: Legacy Laser Designs, LLC values respect, tolerance, and open dialogue, and we serve a diverse and varied customer base. Legacy Laser Designs, LLC has the sole discretion to reject any order that we deem inappropriate for production, including those designs or text that we deem to:
Contain obscene, vulgar, or profane content, including hate speech or symbols,
Contain explicit sexual content or innuendo,
Encourage violence, hate, or negative stereotypes against individuals or groups,
Attack, harass, or discriminate based on race, religion, ethnicity, gender, disability, national origin, sexual orientation, or gender identity,
Incite public outrage or inspire violence,
Portray or promote irresponsible use of alcohol or other substances, or
Libel or defame an individual or group.
Legacy Laser Designs, LLC is committed to avoiding the creation of custom products with political affiliations or associations. However, due to the subjective nature of identifying political affiliations, there may be instances where an order is inadvertently accepted with a political name or slogan. Such instances should not be construed as an endorsement by Legacy Laser Designs, LLC of any particular affiliation or association, unless explicitly stated.
Legacy Laser Designs, LLC respects the intellectual property rights of others and asks that our customers do the same. By purchasing any custom product on or through the Site, whether on your behalf as an individual or on behalf of a company, you represent and warrant that your requested design does not violate anyone else’s rights, including copyrights, trademarks, trade secrets, privacy, or other rights. Legacy Laser Designs, LLC may terminate the account of any customer who infringes, or may infringe, the intellectual property rights of others.
A customization fee applies for all custom products that are ordered through the Site. Please review your customized item carefully prior to submitting your order; customized items may not be canceled or returned once the order has been submitted. Legacy Laser Designs, LLC is not responsible for any errors or mistakes that have been approved in the customization process. Legacy Laser Designs, LLC is also not responsible for any product customization that is not ordered through the product customization service on the Site or through a Legacy Laser Designs, LLC sales representative.
16. Customer Ratings and Reviews: User Content License
By submitting any customer ratings, reviews, and related content (including, but not limited to, photographs) (collectively, the “User Content”) to Legacy Laser Designs, LLC, you represent and warrant that:
You are at least eighteen (18) years of age.
The User Content is your original creation and was not taken from any website, social media posting, or elsewhere.
You have all necessary rights and authority to grant the rights granted herein, and that Legacy Laser Designs, LLC’s use of the User Content in accordance with this Agreement will not violate the rights of any third party.
You have consent from any and all persons appearing in the User Content to grant the rights described in this Agreement.
Legacy Laser Designs, LLC’s use of the User Content will not violate the rights of any third party, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, or proprietary rights.
The User Content is not libelous, defamatory, obscene, pornographic, harassing, hateful, racially or religiously biased or offensive, or otherwise unlawful.
You agree that Legacy Laser Designs, LLC’s use of the User Content does not and will not require payment to any person or entity and does not require approval or consent by any other person or entity.
You further agree and warrant that you shall not submit any User Content:
That is known by you to be false, inaccurate, or misleading.
That violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
For which you were compensated or granted any consideration by any third party.
That includes any information that references other websites, addresses, email addresses, contact information, or phone numbers.
That contains any computer viruses, worms, or other potentially damaging computer programs or files.
For any User Content that you submit, you grant Legacy Laser Designs, LLC a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, edit, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium, or technology throughout the world without compensation to you. All User Content that you submit may be used at Legacy Laser Designs, LLC’s sole discretion. Legacy Laser Designs, LLC may use your User Content on webpages and social media pages operated by Legacy Laser Designs, LLC, in promotional e-mails and advertisements, and in any and all marketing, promotional, and advertising initiatives, in any and all formats, whether now known or hereafter developed. Legacy Laser Designs, LLC reserves the right to change, condense, or delete any User Content on the Site that Legacy Laser Designs, LLC deems, in its sole discretion, to violate these User Content guidelines, product usage guidelines, or any other provision of this Agreement. Legacy Laser Designs, LLC does not guarantee that you will have any recourse through Legacy Laser Designs, LLC to edit or delete any User Content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Legacy Laser Designs, LLC reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Legacy Laser Designs, LLC, are responsible for the contents of your submission. None of the User Content that you submit shall be subject to any obligation of confidence on the part of Legacy Laser Designs, LLC, its agents, subsidiaries, affiliates, partners, service parties, contractors, or third parties and their respective directors, officers, and employees. By submitting your email address in connection with your rating and review, you agree that Legacy Laser Designs, LLC and its third-party service providers may use your email address to contact you about the status of your review and other administrative purposes.
17. Return Policy: Legacy Laser Designs, LLC's return policy is an integral part of this Agreement. Legacy Laser Designs, LLC does not accept returns of customized products unless they are damaged or defective upon receipt. You are responsible for inspecting products promptly upon delivery. Our full return policy, including details on how to return products and information on any non-returnable items, is available on our website at www.LegacyLaserDesigns.com.
Please review the return policy carefully to understand your rights and obligations regarding returns and exchanges. Any deviations from the return policy must be approved in writing by an authorized representative of Legacy Laser Designs, LLC.
18. Order Modification/Rejection: Legacy Laser Designs, LLC reserves the right to reject or modify any order, whether or not such order has been confirmed and/or your credit card has been charged. If we need to reject or make changes to your order, you will be notified at the email address you provided during checkout. In the event that your credit card has already been charged and any portion of your order is subsequently rejected, Legacy Laser Designs, LLC will issue a credit to your credit card account for the amount rejected. This policy is in place to ensure the accuracy and satisfaction of all orders placed with Legacy Laser Designs, LLC.
19. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL LEGACY LASER DESIGNS, LLC OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUBSIDIARIES, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING LEGACY LASER DESIGNS, LLC'S SERVICES AND PRODUCTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF LEGACY LASER DESIGNS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (E) ANY OTHER MATTER RELATING TO THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LEGACY LASER DESIGNS, LLC'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
20. Disclaimer: Legacy Laser Designs, LLC makes no representations about the reliability of the features of www.LegacyLaserDesigns.com, the content, or any other feature of the Site, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. The Site is controlled, operated, and administered by Legacy Laser Designs, LLC from within the United States. Legacy Laser Designs, LLC makes no representation or warranty that the content available on the Site is appropriate or available for use at locations outside of the United States.
THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SITE OR ANY INFORMATION OR SOFTWARE THEREIN.
21. Promotions and Promotional Communications: On www.LegacyLaserDesigns.com (the "Site"), you may have the opportunity to participate in or sign up for surveys, sweepstakes, contests, and other promotions (collectively, “Promotions”). If you choose to participate in these Promotions, Legacy Laser Designs, LLC may ask you for information such as your name, email address, postal address, telephone number, and other identifiers. The information you provide to us will be used in accordance with our Privacy Policy.
Please note that these Promotions may be governed by rules or terms that are separate from this Agreement. If you choose to participate in any Promotions, we encourage you to review the applicable rules or terms associated with each Promotion. Participation in any Promotion is subject to compliance with these rules or terms.
22. SMS Service: BY SIGNING UP FOR OUR OPT-IN SMS SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AS A CONDITION TO YOUR USE OF OUR SMS SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING SMS TERMS OF SERVICES, INCLUDING THESE TERMS AND CONDITIONS OF USE AND THE LEGACY LASER DESIGNS, LLC PRIVACY POLICY. Legacy Laser Designs, LLC may send you text (“SMS”) messages containing promotions, marketing content, and updates about new Legacy Laser Designs, LLC products, colors, events, and other news.
By opting-in to Legacy Laser Designs, LLC SMS messages, you agree to receive recurring autodialed marketing messages to the telephone number used at the time of opt-in. You can cancel the SMS service at any time by texting "STOP" to the provided short code. Upon receiving your "STOP" message, we will send you an SMS message to confirm that you have been unsubscribed. Following this, you will no longer receive SMS messages from us. If you wish to opt back in, simply sign up again as you did the first time, and we will resume sending SMS messages to you. For assistance or questions, reply to any of our SMS messages with “HELP” or contact us directly at [Your Customer Service Email] or [Your Customer Service Phone Number]. Please note that carriers are not liable for delayed or undelivered messages. Message and data rates may apply for any messages sent to or received from this SMS service. The frequency of messages may vary. Consent to receive SMS messages is not a condition of any purchase. If you have any questions about your text or data plan, please contact your wireless provider.
23. Indemnity: You agree to defend, indemnify, and hold Legacy Laser Designs, LLC and its officers, managers, employees, agents, and licensors harmless from all judgments, awards, losses, liabilities, costs, and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, and costs of litigation arising out of or based on: (a) content you submit, post to, or transmit through www.LegacyLaserDesigns.com; (b) your use of the Site; (c) your connection to the Site; (d) your violation of the terms and conditions contained in this Agreement; or (e) your violation of any rights of a third party, including intellectual property rights.
24. Notices and Electronic Communications: Except as explicitly stated otherwise, any notices you send to Legacy Laser Designs, LLC shall be sent by mail to Legacy Laser Designs, LLC, Attn: Legal, 2804 Hazelwood Ave, Fort Wayne, Indiana 46805. In the case of notices Legacy Laser Designs, LLC sends to you, you consent to receive notices and other communications by Legacy Laser Designs, LLC posting notices on the Site, sending you an email at the email address listed in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that Legacy Laser Designs, LLC provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.
Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon 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.
25. Applicable Law and Disputes; Arbitration: To the extent permitted by law, this Agreement shall be governed by and interpreted in all respects in accordance with the substantive laws of the state of Indiana, U.S.A., without regard to its choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods. You agree that any disputes directly or indirectly arising out of or relating to the Agreement or the Site (including the purchase of products from www.LegacyLaserDesigns.com) shall be resolved exclusively by final and binding arbitration taking place in Fort Wayne, Indiana under the rules of the American Arbitration Association, by one or more arbitrators appointed in accordance with these rules. Notwithstanding these rules, such proceedings shall be governed by the laws of the state of Indiana, U.S.A. Any award in any arbitration initiated under this section shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential, or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
Any cause of action or claim you may have directly or indirectly arising out of or relating to the Agreement or the Site must be commenced within one (1) year after the claim or cause of action arises.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS. THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING ARBITRATION PROVISIONS.