TERMS OF USE

The Bowman Family Foundation Terms of Use

Effective Date: October 28, 2024

These Terms of Use (the “Terms”) constitute a binding legal agreement between you and The Bowman Family Foundation (“we”, “us” or “our”), which owns and operates this website (the “Site”). If you wish to send us any Notice or other communications, please email us at admin@TheBowmanFamilyFoundation.org.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. YOU ALSO AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, AND YOU AGREE TO MAKE NO SUCH ACCESS OR USE.

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

Notice and Content Disclaimer.

The Bowman Family Foundation (“BFF”) is a private foundation qualifying as a 501(c)(3) nonprofit organization. The primary mission of BFF is to improve the lives of people with mental health and substance use (“MH/SU”) conditions. BFF also provides funding to support the education and welfare of children.

BFF is the Managing Member of the Mental Health Treatment and Research Institute LLC (“MHTARI”), a tax-exempt subsidiary of BFF. MHTARI conducts most BFF activities regarding MH/SU conditions.

This Site makes information and materials available to employers, third-party administrators, regulatory agencies, accreditation organizations, the public and others. Subject to the Terms, you may wish to consider such information and materials for purposes of (i) assessing access to healthcare, quality of care and the cost of care, (ii) ensuring compliance with parity laws, and (iii) gaining awareness of evidence-based approaches that can improve access to, and the effectiveness of, behavioral healthcare while reducing total healthcare costs.

This Site is intended for informational purposes only. We do not endorse or warrant any document, materials or information included or made available through this Site, all of which are provided “as is,” “as available” and “with all faults” without any representations or warranties, express or implied. Such information is intended to be used in conjunction with professional advice including legal advice, and is not a substitute for professional or legal advice. We also do not endorse any other organizations (including, without limitation, for-profit and non-profit organizations or vendors that offer services related to providing behavioral or medical health care (including, without limitation, services related to the Collaborative Care Model (“CoCM”)) or warrant the suitability or performance of any such organizations.

Although we use reasonable efforts to post information that we believe could potentially benefit our users at the time when it is added to our Site, the information may be incorrect, incomplete or out-of-date, and we do not guarantee the accuracy, completeness, or utility of any information. Therefore, you should not rely on any information contained in this Site. Notwithstanding anything to the contrary contained in this Site or any written material, we disclaim all representations and warranties, express or implied, related to the accuracy, completeness, timeliness or utility of any information contained in this Site. Before using any of the information made available through this Site, you should verify the accuracy and applicability of such information for your purposes.

DISCLAIMERS AND LIMITATION OF LIABILITY.

THE DOCUMENTS, MATERIALS AND INFORMATION PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS. DUE TO VARIOUS FACTORS, INCLUDING THE INHERENT POSSIBILITY OF HUMAN AND MECHANICAL ERROR, THE ACCURACY, COMPLETENESS, TIMELINESS AND UTILITY OF SUCH DOCUMENTS, MATERIALS AND INFORMATION AND THE RESULTS OBTAINED FROM THEIR USE ARE NOT GUARANTEED BY US OR ANY PERSONS CREATING OR TRANSMITTING SUCH DOCUMENTS, MATERIALS AND INFORMATION.

WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AND OPERATION OF THE SITE AT ANY TIME WITHOUT NOTICE. THE SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS OR OTHER REASONS.

NEITHER BFF NOR MHTARI, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, VOLUNTEERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS OR SUBCONTRACTORS, MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE DOCUMENTS, MATERIALS OR INFORMATION CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS, MATERIALS AND INFORMATION ARE PROVIDED “AS IS” AND “AS-AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND EACH OF OUR REPRESENTATIVES (AS DEFINED BELOW) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE AND ALL SUCH DOCUMENTS, MATERIALS AND INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. NO ORAL OR WRITTEN INFORMATION MADE AVAILABLE THROUGH THE SITE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF OUR OBLIGATIONS HEREUNDER. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

YOUR USE OF THE SITE IS AT YOUR OWN RISK, AND YOU HEREBY AGREE TO ASSUME ALL RISK RELATED TO YOUR USE OF THE SITE OR ANY OF THE DOCUMENTS, MATERIALS OR INFORMATION MADE AVAILABLE THROUGH THE SITE. WE DO NOT WARRANT THAT THE DOCUMENTS, MATERIALS AND INFORMATION CONTAINED ON THIS SITE WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE FREE FROM ERRORS OR THAT ERRORS WILL BE CORRECTED. FURTHERMORE, WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE CORRECTNESS, ACCURACY, QUALITY, RELIABILITY OR SECURITY OF THE DOCUMENTS, MATERIALS AND INFORMATION CONTAINED ON THIS SITE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR ANY OTHER DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE SITE OR THE DOWNLOAD OF ANY CONTENT FROM THE SITE. IN NO EVENT SHALL BFF OR MHTARI, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, VOLUNTEERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS OR SUBCONTRACTORS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OF OR ACCESS TO THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY DOCUMENTS, MATERIALS OR INFORMATION OBTAINED THROUGH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NEITHER WE NOR ANY OF OUR REPRESENTATIVES SHALL BE LIABLE FOR ANY INFECTION BY VIRUSES OF OR DAMAGE TO ANY COMPUTER THAT RESULTS FROM YOUR USE OF, ACCESS TO OR DOWNLOADING OF SUCH INFORMATION. IF YOU ARE DISSATISFIED WITH ANY DOCUMENTS, MATERIALS OR INFORMATION OBTAINED THROUGH THIS SITE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF AND ACCESS TO THE SITE.

NO LEGAL ADVICE.

WE PROVIDE USERS OF THE SITE WITH ACCESS TO GENERAL INFORMATION. WHILE THE DOCUMENTS, MATERIALS AND INFORMATION ON THE SITE MAY CONCERN LEGAL ISSUES, SUCH INFORMATION IS PROVIDED FOR EDUCATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE AND AGREE THAT THE DOCUMENTS, MATERIALS AND INFORMATION ON THE SITE ARE NOT INTENDED AS AND DO NOT CONSTITUTE LEGAL ADVICE. MOREOVER, NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED THROUGH YOUR USE OF THE SITE. NONE OF OUR COMMUNICATIONS CONSTIUTE LEGAL ADVICE, NOR WILL ANY OF OUR COMMUNICATIONS BE TREATED AS CONFIDENTIAL. YOU SHOULD NOT ACT OR REFRAIN FROM ACTING ON THE BASIS OF THE SITE WITHOUT SEEKING LEGAL ADVICE OF COUNSEL IN THE RELEVANT JURISDICTION(S). WE EXPRESSLY DISCLAIM ALL LIABILITY WITH RESPECT TO ACTIONS TAKEN OR NOT TAKEN BASED ON YOUR USE OF THE SITE OR ANY OF THE DOCUMENTS, MATERIALS OR INFORMATION MADE AVAILABLE THROUGH THE SITE.

THERE ARE INHERENT RISKS IN RELYING ON, USING OR RETRIEVING ANY INFORMATION FOUND ON THE SITE, AND WE URGE YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE RELYING ON, USING OR RETRIEVING ANY DOCUMENTS, MATERIALS OR INFORMATION MADE AVAILABLE THROUGH THE SITE. YOU SHOULD SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, TO EVALUATE ANY SUCH DOCUMENTS, MATERIALS OR INFORMATION. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY ACTION YOU TAKE OR DECISION YOU MAKE IN RELIANCE ON THE SITE OR ANY DOCUMENTS, MATERIALS OR INFORMATION MADE AVAILABLE THROUGH THE SITE.

Privacy.

None of the information you provide to us or otherwise make available will be treated as confidential, which information includes, without limitation, any and all information we receive in connection with your feedback, communications, correspondence, meetings, or other interactions with you, or from any other sources such as social media sites or other websites. All such information shall be deemed to be non-confidential. Do not provide us with any information that you wish to keep confidential, including any information about your or anyone else’s health conditions or care. We do not wish to receive your or anyone else’s personal information and discourage you from sharing personal information with us in any emails or other communications. You should assume any personal information you disclose is not kept confidential.

Our website hosting provider, Wix, may automatically log information about you, your computer or mobile device, and activity occurring on or through the Site. Wix currently lists its privacy policy here: https://www.wix.com/about/privacy. Please contact Wix directly with any questions about their practices. As of the date of this policy, Wix lists its contact info as dpo@wix.com and its mailing addresses as: Wix.com, Ltd., Yunitsman 5 St, Tel Aviv, Israel; or Wix.com, Inc.: 100 Gansevoort Street, New York, NY 10014. The information that Wix may collect automatically on our Site includes your computer or mobile device operating system type and version number, manufacturer and model; device identifier; browser type; screen resolution; IP address; the website you visited before browsing to our website; general location information such as city, state or geographic area; and information about your use of and actions on the Site, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and length of access. Wix may collect this type of information over time and across third-party websites and mobile applications. We do not access, use, store, disclose, share or sell any information that Wix may collect.

Donations.

We do not accept donations from the public.

Revisions to these Terms.

We reserve the right, at our discretion, to change, modify, add or remove portions of the Site without notice to you and to modify these Terms at any time. We may notify you of any changes to these Terms by any reasonable means, including by posting the revised Terms on the Site. Prior to each visit to the Site, please check the Terms to determine the current Terms to which you are bound. These Terms can be accessed from the menu at the top of the Site or the link at the bottom of each page of the Site. The date of the most recent revision shall be noted at the beginning of these Terms. By continuing to access or use the Site after we have posted modified Terms, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site. Notwithstanding the preceding sentences of this paragraph, no revisions to these Terms will apply to any dispute between you and us that arose prior to the date of such revision. These Terms may only be modified in writing as set forth in this paragraph, and may not be modified orally.

Ownership.

The Site and its content, including but not limited to any text, graphics, charts, audio, videos, logos, images, data compilations, icons, code and software (“Content”), are protected by U.S. and international copyright laws, with all rights reserved unless otherwise noted. All of our trademarks, service marks, trade names and logos displayed on the Site, including all registered and unregistered trademarks and service marks (collectively, the “Marks”), are our sole property. If the Site includes any trademarks, service marks, trade names or logos of any third parties, such items are the proprietary marks and names of their respective owners, and are protected by applicable trademark and intellectual property laws. Your use of any Content, whether owned by us or any third party, is subject to these Terms and no license to any Marks is granted hereunder.

Third Party Sites.

We may provide links on the Site to other sites or content (“Third Party Sites”). We do not endorse any owners or operators of any Third Party Sites and have no control over such Third Party Sites. We make no claims, representations or warranties regarding the Third Party Sites, and expressly disclaim responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites. We provide links to you only as a convenience, and the inclusion of any link on the Site does not imply our affiliation, endorsement, or adoption of the linked site or any information therein.

YOUR ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any Third Party Sites.

References to Publications and Other Organizations.

References to any publication or any other organization in the Site are for reference and informational purposes only and are not intended to suggest that any of such organizations endorse, recommend or approve of our services, analysis or recommendations. We do not endorse any of the publications or organizations identified on this Site, nor do we endorse, recommend or approve of any information, products or services that may be provided by such organizations. News stories and other documents and publications reflect only the author’s opinion and not necessarily our opinion.

YOUR USE OF ANY INFORMATION, PRODUCTS OR SERVICES THAT MAY BE PROVIDED BY ANY ORGANIZATIONS OR OTHER THIRD PARTIES IDENTIFIED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

Intellectual Property Protection.

The documents, materials and information made available on the Site or Third Party Sites may be protected by copyright and other applicable laws. Some content may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the copyright holder, except to the extent allowed under the “fair use” provisions of the U.S. copyright laws, other limitations on exclusive copyrights in the U.S. copyright laws, or comparable provisions of foreign laws.

It is our policy to respect the intellectual property of others and to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”). If you believe that your copyrighted work or trademark has been infringed, please contact us and provide all information relevant to any claim of copyright or trademark infringement, including the information specified by the DMCA. Please contact us by email. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing shall be liable for damages (including costs and attorneys’ fees).

Permission and Restrictions.

Subject to the terms and conditions herein, and until these Terms are terminated pursuant to the “Termination” Section below, we grant you permission to use the Site as set forth in these Terms, provided, however, that (i) you do not engage in any of the prohibited uses described in these Terms; and (ii) you will otherwise fully comply with these Terms.

Prohibited Uses.

You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the Site, use of the Site, or access to the Site, for any purpose other than as expressly permitted herein.
You agree not to intentionally interfere with or damage, impair or disable the operation of the Site or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site.
You agree not to attempt to gain unauthorized access to the Site, or any part of it, or computer systems or networks connected to the Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including for the purpose of obtaining unauthorized access to the Site.
You agree not to submit or otherwise make available through the Site, any content: (i) that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another’s privacy, or harmful to minors in any way; (ii) that includes personal or identifying information about another person without the appropriate consent; (iii) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purposes without our express written permission or bypass any robot exclusion headers or other measures that we may use, now or in the future, to prevent or restrict access to the Site. You agree not to deep-link to the Site and will promptly remove any links that we find objectionable in our sole discretion.
You agree not to utilize framing techniques to enclose any part of the Site without our express written consent. You agree not to use any meta tags or any other “hidden text” utilizing our name, logos or trademarks without our express written consent.
You agree not to make unsolicited offers, advertisements, or proposals to other users of the Site. This includes promotions, informational announcements, charity requests, or petitions for signatures.
You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You agree not to modify, adapt, translate or create unauthorized derivative works based upon the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

We will have the right to investigate and take all appropriate legal action to prevent, stop or deter violations of any of the above.

You acknowledge that we have no obligation to monitor your access to or use of the Site, but we have the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

We reserve the right to remove any content from the Site at any time, for any reason.

Information You Provide.

As a condition to your use of the Site, you represent and warrant to, and agree that any information you provide to us will be truthful, accurate and complete.

If you choose to send us any message, feedback or data, including any ideas, comments, suggestions or questions regarding the Site, such information shall be deemed to be non-confidential. We shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, we shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including incorporating such ideas, concepts, know-how or techniques into the Site. You are solely responsible for all information which you share, submit, publish, display, disseminate or otherwise communicate through the Site. You agree that all such content, messages and other communications shall not be deemed to be private, confidential or secure, and that any such content, messages and communications can be read by us. If we ask you to cease and desist from submitting comments or sharing any Content that you obtain from the Site with any third party, you agree to comply with such request immediately.

You agree not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, indecent, illegal or otherwise objectionable material, or any material that violates any federal, state, or local law in the United States or anywhere else in the world through the Site.

You acknowledge, consent and agree that we may access, preserve and disclose any information that you provide to us if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of our organization, the users of the Site and the public.

Termination.

You agree that we, in our sole discretion, may terminate your use of the Site, or any part thereof, at any time, with or without notice, without liability to you, if you have failed or we suspect you have failed to comply with any provision of these Terms. We may also in our sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site, or any part thereof, may be effected without prior notice, and you agree that we shall not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that we may have at law or in equity.
If you are dissatisfied with the Site, please email us. Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (i) the Site, (ii) any term of these Terms, (iii) any of our policies or practices in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate these Terms. You may terminate these Terms at any time by discontinuing your use of any and all parts of the Site.

Indemnification; Hold Harmless.

You agree, at your own expense, to indemnify, defend and hold harmless BFF and MHTARI, their parents, subsidiaries, affiliates and any related entities (including those which share substantially common ownership), and each of their officers, directors, employees, agents, volunteers, service providers, suppliers, licensors and subcontractors (collectively, “Representatives”), from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms, your use of the Site or use of any documents, materials or information made available through the Site, or any of your other acts or omissions. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

International Access and Export Controls.

The Site is controlled and offered from our offices in the United States of America. We make no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own risk and are responsible for compliance with local law.

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. Specifically, you agree that you shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any documents, information or materials to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. You agree to indemnify us, to the fullest extent permitted by law, from and against any fines or penalties that may arise as a result of your breach of this provision. This export control clause shall survive termination of these Terms.

Dispute Resolution.

Mandatory Arbitration. Please read this carefully. It affects your rights. YOU HEREBY AGREE, ON BEHALF OF YOURSELF AND ANY OF YOUR AFFILIATES, PREDECESSORS-IN-INTEREST, SUCCESSORS AND PERMITTED ASSIGNS, TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THIS SITE OR ANY DOCUMENTS, MATERIALS AND INFORMATION PUBLISHED ON THIS SITE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by e-mail, a written notice of intent to arbitrate (a “Notice”). Your Notice to us should be sent to us by email at the email address set forth above. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (the “Demand”). If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (the “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879. If you are required to pay a filing fee to commence an arbitration against us, then we will promptly reimburse you for your confirmed payment of the filing fee upon our receipt of Notice that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000, in which case you are solely responsible for the payment of the filing fee.
Arbitration Proceeding. The arbitration shall be conducted in the English language. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. We each agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (a) the arbitration shall be conducted by telephone, video conference, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
No Class Actions. WE EACH AGREE THAT WE MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, WE EACH AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator shall issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the State of Delaware in conducting the arbitration. You acknowledge that these terms and your use of the Site evidences a transaction involving interstate commerce. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in these Terms of Use.
Governing Law. These Terms of Use and your use of the Site shall be governed by the substantive laws of the State of Delaware without reference to its choice or conflicts of law principles.
Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which we seek a temporary restraining order or preliminary injunction to enjoin your breach of these Terms of Use.
TIME-BARRED CLAIMS. WE EACH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, THESE TERMS, OR YOUR USE OF THE SITE OR THE DOCUMENTS, MATERIALS AND INFORMATION MADE AVAILABLE THROUGH THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Improperly Filed Claims. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should either of us file a claim contrary to this Dispute Resolution section, the other party may recover reasonable attorneys’ fees and costs up to $5,000, unless such claim is withdrawn within thirty (30) days of receipt of notice that the claim was improperly filed.

Miscellaneous.

Notice. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the Site. Notice will be deemed given twenty-four hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Site. In such case, notice will be deemed given three days after the date of mailing.
No Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Severability. If any provision of these Terms shall be unlawful, invalid, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. If the application of any provision of these Terms to any particular facts or circumstances shall be unlawful, invalid, void, or for any reason unenforceable, then (a) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of these Terms shall not in any way be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.
Assignment. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between us as a result of these Terms or your use of the Site. You further acknowledge that by submitting information to us, no confidential, fiduciary or other relationship is created between us other than the contractual relationship pursuant to these Terms.
Survival. The Sections entitled “Notice And Content Disclaimer,” “DISCLAIMERS AND LIMITATION OF LIABILITY,” “NO LEGAL ADVICE,” “Privacy,” “Revisions To These Terms,” “Ownership,” “Third Party Sites,” “References To Publications And Other Organizations,” “Intellectual Property Protection,” “Prohibited Uses,” “Information You Provide,” “Termination,” “Indemnification; Hold Harmless,” “International Access And Export Controls,” “Dispute Resolution” and “Miscellaneous” will survive any termination of these Terms.
Headings and Construction. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof. For purposes of these Terms, each of the words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” Whenever the context requires, the use in these Terms of the singular number shall be deemed to include the plural and vice versa. Except as otherwise stated, references herein to “Sections” refer to sections of these Terms.
Entire Agreement. This is the entire agreement between us relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Terms shall not be modified except in a writing signed by both parties unless we post updated Terms as set forth above.
Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying such protections is available on the Federal Trade Commission (“FTC”) website, https://www.ftc.gov, including the publications found at: https://consumer.ftc.gov/articles/parental-controls and https://consumer.ftc.gov/sites/default/files/articles/pdf/pdf-0001-netcetera_0.pdf. Please note that we do not endorse any of the products or services that may be listed on third-party websites that provide information about commercially-available parental control protections.
Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send us an e-mail message. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Your Representations and Warranties. By using the Site or any of the documents, materials or information made available through the Site, you represent and warrant that (a) you have the authority to enter into these Terms and create a binding contractual obligation, (b) you understand and intend these Terms to be the legal equivalent of a signed, written contract equally binding, (c) you agree that we may provide any communication or notification to you electronically and you hereby consent to receive by electronic means any and all agreements, documents, disclosures and/or notices required to be given by applicable law, regulation or our internal policies, (d) you acknowledge that you can access information that is provided electronically at this Site, and (e) you will use the information on the Site in a manner consistent with applicable laws and regulations in accordance with these Terms, as the same may be amended by posting new Terms online from time to time as set forth above. A printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.