Certain navigational information, which is not personally identifiable to you, is automatically collected by the Website, including, without limitation, your IP address, browser type, domain names, access times, referring website addresses, and the pages you visit on the Website. This information is used by the Company to operate and maintain the quality of the Website, to track overall user traffic patterns on the Website, and to customize the Website to better meet the users’ needs. This process does not record information about specific individuals and their visits to the Website.
How Information is Used
The Company may share your personal information internally with its employees and affiliates to market and notify you about the Company’s services, to customize or personalize your use of this Website or otherwise better serve you as a customer or potential customer of the Company, including, without limitation, sending you newsletters, e-mails, mailings and other communications regarding the Company’s services and other business purposes. Further, the Company may share your personal information with third parties in limited circumstances in order to better provide you its services, including, without limitation, monitoring Website activity.
The Company maintains physical, electronic and procedural safeguards that comply with federal regulations to guard your personal information collected by this Website. While we strive for a Website that its 100% secure, no method of online communication is 100% secure. Therefore, the Company and its agents cannot and do not ensure or warrant the security or accuracy of any information stored by this Website. By submitting any information to this Website, you acknowledge that such information is not totally secure and agree to indemnify, defend, and hold the Company and its agents harmless for any failure to maintain the security of such information.
California Online Privacy Protection Act
This Website is not directed toward and does not intend to collect any personally identifiable information from children under the age of 13. This Website prohibits the submission of any personally identifiable information from children under the age of 13. If you are aware of any information being submitted to this Website by a person under the age of 13, please contact us immediately at email@example.com. If the Company determines that a child under the age of 13 has provided personally identifiable information in violation of this policy, the Company will delete such information from its files or database.
If you do not wish to receive any notices or other information from the Company, you may request to be taken off the Company’s mailing list by contacting the Company at firstname.lastname@example.org.
Modifications and Revisions
Arbitration/Class Action Waiver
ALL DISPUTES BETWEEN YOU AND THE COMPANY, WHETHER ARISING IN TORT OR CONTRACT, INCLUDING WITHOUT LIMITATION ALL DISPUTES ARISING OUT OF THE POLICIES AND THE VALIDITY THEREOF, INCLUDING THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER, SHALL BE FINALLY SETTLED BY ARBITRATION CONDUCTED EXPEDITIOUSLY IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE NATIONAL OR AKRON, OHIO PANEL OF ARBITRATORS. IF THE PARTIES ARE UNABLE TO AGREE UPON AN ARBITRATOR WITHIN TEN (10) CALENDAR DAYS, EACH PARTY SHALL SELECT AN ARBITRATOR. THE TWO ARBITRATORS SELECTED SHALL SELECT A THIRD ARBITRATOR AND ALL DECISIONS THEREAFTER SHALL BE MADE BY A MAJORITY OF THE ARBITRATORS. THE ARBITRATION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. § 1 et seq.) AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED BY ANY COURT HAVING JURISDICTION THEREOF. UNLESS OTHERWISE REQUIRED BY LAW, THE ARBITRATOR(S) IS NOT EMPOWERED TO AWARD DAMAGES IN EXCESS OF COMPENSATORY DAMAGES AND EACH PARTY HEREBY IRREVOCABLY WAIVES ANY DAMAGES IN EXCESS OF COMPENSATORY DAMAGES.
ARBITRATION PROCEEDINGS SHALL BE COMMENCED BY ANY PARTY TO THIS AGREEMENT BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE REQUESTING ARBITRATION. ANY ARBITRATION HEARING SHALL BE HELD IN AKRON, OHIO, UNLESS THE PARTIES TO THE DISPUTE AGREE OTHERWISE. ANY AWARD RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES, AND JUDGMENT THEREON MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING ANY ARBITRATION RULES TO THE CONTRARY, THE AWARD OF THE ARBITRATOR(S) MUST BE MADE NO LATER THAN THREE (3) MONTHS FOLLOWING THE DATE ON WHICH THE ARBITRATOR(S) IS APPOINTED, UNLESS THE ISSUE IS THE SUBJECT OF LITIGATION BROUGHT BY A THIRD PARTY AND THE ARBITRATOR(S) DEEMS IT APPROPRIATE TO DEFER ITS AWARD UNTIL THE LITIGATION IS RESOLVED.
Arbitration shall proceed solely on an individual basis without the right for any claims OR DISPUTES to be arbitrated on a class action basis or on bases involving claims OR DISPUTES brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims OR DISPUTES between you and the Company alone. Claims OR DISPUTES may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
YOU ACKNOWLEDGE THAT YOU HAVE READ THE POLICIES, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.
EFFECTIVE DATE: March 1, 2016