Updated: December 1, 2022
Welcome to the KCEPT family of products. Through our TheKneeCap.com website (“Website”) we provide products, services, and information (collectively, the “Services”). The Website is owned and operated by KCEPT, Inc., (“KCEPT”, “we”, “us” or “our”).
We regularly update and improve our Website, Products, and Services, and we may at times add, change, or remove features, and these Terms may also need to change. The current version of these Terms will be posted on our Website and will be effective immediately upon posting. By continuing to use the Website or our Products or Services, or purchase our Products or Services following any such change, you accept and agree to be bound by such modified Terms.
At KCEPT, our goal is 100% customer satisfaction. We take pride in providing exceptional customer service and support. In the event you have a problem with your order, it is our objective to make sure you are satisfied. If you have any issues with your order, please contact our knowledgeable Customer Support team to resolve your issue. KCEPT’s Customer Support team is available to assist you with any questions. You can reach our Customer Support team by calling 1-877-860-7859, or via email at firstname.lastname@example.org. Please note: Our Customer Support representatives are not trained medical professionals and therefore cannot provide medical advice.
KCEPT ships to addresses in the continental United States only. We offer free shipping on all orders to all US addresses.
We reserve the right to change the prices for our Products, or to change or discontinue any Product, without prior notice. All prices are in U.S. dollars. We are not responsible for typographical errors.
You agree not to resell or offer for resale any of our Products (in original or other packaging, whether in whole or in part), or link to our Website for any purpose related to resale of our Products or Services, without our prior express written permission.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We offer to our customers KCEPT support services related to the KCEPT family of products and their experience with them. You can reach Customer Support at 1-887-860-7859 or sending an email to email@example.com. We have the right at our sole discretion to refuse to accept a customer for support services, or to discontinue services for any reason. We encourage feedback regarding our support services you may submit your comments by emailing us at firstname.lastname@example.org. KCEPT support services are subject to KCEPT’s Health Disclaimer, which is set forth below. Please see that section for further details.
When you place an order with KCEPT, you will be asked to provide us with a telephone number where we can reach you. Your telephone number is required so that KCEPT can reach you with informational calls related to your orders. All calls to and from KCEPT may be monitored or recorded.
KCEPT is required to collect sales tax where applicable by law.
KCEPT may offers its customers the use of third-party payment solution providers, such as Shopify or Afterpay, and such third-party payment providers are not otherwise associated with KCEPT. You agree to and do hereby release KCEPT from any liability for actions or conduct of these third-party payment vendors. You further agree to hold KCEPT harmless for any liability to KCEPT as result of your use of such third-party payment vendor.
We occasionally offer sales which will have a promo code issued. Promo code purchases are valid only for a one-time use per customer and cannot be combined with any other offers or promotions, and are not valid on previously purchased product. Promo code coupons have no cash value, and may have an expiration date, and are void where prohibited or restricted by law. You are responsible for any applicable sales tax related to the use of a promo code coupon. The coupon offer is offered for a limited time and, for products, if product is available. We have the right to modify or cancel a coupon at any time. The coupon applies only to qualifying items displaying the coupon offer on the item detail page.
All KCEPT Products come with a 30-day money back guarantee. This money back guarantee is good for first time orders of a Product only and is limited to one return per customer per Product. The 30-day period begins on the day you receive the Product. If the Product you receive is damaged in shipping, you may return it for a full refund, or we will ship you a replacement Product.
If you wish to make a return within the allotted timeframe, please send an email to email@example.com, for a return authorization number and return instructions. It is important that you contact us before returning any Product to ensure that you are eligible for a refund; returned items that are not eligible for a refund will not be processed and replacement product will not be shipped (or refund given) back to you. We reserve the right to forfeit the guarantee if we suspect any abuse of our money back guarantee offer.
Please note: In order to receive a full refund, all items returned must be complete. For example, if you are returning a KneeCap™ therapeutic compression wrap, all instructions must be included in your return along with any remaining supplements or any unopened items. If your return package is missing items, you still may receive a partial refund. However, if nothing is returned, a refund will not be issued. Your return must be postmarked within the time allotted on the return authorizations instructions that are issued to you.
Please note: KCEPT does not pay for return shipping fees and does not refund any return shipping costs paid. Packages that are returned within the 30-day timeframe but without a return authorization number and/or packages refused by the customer at the time of delivery will have a return fee deducted from the refund. To ensure proper credit to your account, KCEPT recommends that you obtain tracking information on your return package. Please save your shipping receipt until your refund has been received. Refunds are processed within 7 - 10 business days of receipt. Shipping costs are nonrefundable. Credits may take 48-72 hours to appear in your account once they have been processed. This timeframe is determined by your financial institution. Please refer to your financial institution for questions regarding this time frame. KCEPT is not responsible for any bank or credit card fees that you may incur. Refunds issued by paper check will be sent via US mail. If you have further questions, please contact Customer Support by calling 1-877-860-7859 or send an email to firstname.lastname@example.org.
If you purchased through an authorized third party such as Amazon, and are requesting a return, you must contact that entity for a return.
All orders are processed in our warehouse immediately after order placement and therefore requests for address changes and/or order cancellation may not always be accommodated.
Order cancellation requests - if we are not able to accommodate your request to cancel an order, the standard return procedure as noted above should be followed in order to receive a refund. Please contact Customer Support by sending an email to email@example.com to arrange a new shipment.
Our Products are only sold directly by us or by us through our authorized online sales partner website on Amazon. The resale and/or repackaging of our Products is unauthorized, strictly prohibited and constitutes a breach of these Terms. Please be aware that there may be unauthorized resellers on Amazon or other internet sites that may attempt to resell our Products. Authorized offers for sale on Amazon.com are distinguished by the seller being identified as KCEPT, Inc. If any other seller name is listed, that offer for sale is not authorized by us. We will not be liable for any product or use thereof purchased from unauthorized sellers and we will not accept any returns and we will not be liable for any claims or damages of any kind arising out of or in any way related to your purchase or use of Products from any unauthorized sellers. If you have any question whether a seller is authorized, please contact us.
The content, information, designs, materials, functions and data included in and contained on our Website and other media (the "Content"), are protected by intellectual property and other laws. The Website and the selection and arrangement thereof, and the Products and Services marketed for sale on our Website and elsewhere are protected under the copyright laws and other intellectual property laws of the United States and other countries. We reserve all rights not expressly granted herein in and to the Website. Unless otherwise noted, our name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the Website are our property, or that of our affiliates or licensors. All third-party trademarks, service marks, trade names, logos or other designations of source are the property of their respective owners. Nothing on the Website shall be construed as granting any license or right not expressly set forth herein. Any unauthorized use of the Website will terminate any permissions granted herein and may violate applicable law.
By submitting any ideas, comments, suggestions or other information to us (through our Website, social media sites, or other digital platforms, or through Google or other review sites, or other means), including, but not limited to, those related to improvements to the Website or services related to the Website; (collectively, the “Feedback”), you agree that such Feedback shall be deemed to be, and shall remain, our property. None of the Feedback shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Feedback. We shall own all rights related to the Feedback (including without limitation intellectual property rights and moral rights) and shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial, or otherwise, without compensation or further notice to you, and you agree to and do hereby assign to us all your right, title, and interest in and to all Feedback to us.
The Website may, now or in the future, permit the posting or submission for posting of content, including, but not limited to, reviews, comments, or other textual content, files, images, photographs, videos, animation, sounds, musical works, data, or other materials and content by you (collectively, “User Content”). We do not endorse or approve any User Content that you or other Users submit or post. We respect the intellectual property rights of others. You must have the legal right to submit to us or, where permitted, post any User Content to the Website. You are solely responsible for any User Content that you create, transmit, or display while using the Website.
You agree to not submit, upload or post any User Content to the Website that infringes or may infringe the copyright, trademark or other intellectual property rights of a third party nor may you submit User Content that violates any third party’s right of privacy or right of publicity. You may submit only User Content permitted by the owner or by law.
All User Content you post or submit for posting to the Website is deemed nonconfidential.
You retain copyright and any other rights you already hold in User Content which you submit, post or display on or through, the Services. When you post or submit for posting User Content to the Website, you agree to and do hereby expressly grant to us and to our affiliates, parents, subsidiaries, agents, representatives, licensors or other third party partners, and our successors and assigns, a nonexclusive, worldwide, perpetual, irrevocable, transferrable, sub-licensable license and right to use, without restriction, including, but not limited to the right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display or perform the User Content and to provide such User Content to any other user of the Website or the Service, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party (collectively, the “License”). You grant us all licenses, consents and clearances to enable the use of such User Content for such purposes. You waive and agree not to assert any moral or similar rights you may have in such User Content.
You agree that this License includes a right for us to make such User Content available to other companies, organizations, or individuals with whom we have relationships for the provision of services, and to use such User Content in connection with the provision of those services.
You understand that we, in operating the Website and/or in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your User Content as are necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, services or media. You agree that the License shall permit us to take these actions.
You are responsible for all User Content that you submit to us. You may not submit or post User Content that:
Removal of User Content. We reserve the right (but have no obligation) to remove, block, edit, move, or disable User Content that is objectionable to us for any reason. The decision to remove User Content at any time is in our sole and final discretion. To the maximum extent permitted by applicable law, we do not assume any responsibility or liability for User Content or for any failure to or delay in removing User Content or other Content. You are solely responsible for your User Content and may be held liable for User Content that you post.
You understand that your User Content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
If you believe that any content on the Website violates these Terms or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512 “DMCA”). In the case of an alleged infringement, please provide the following information:
Address: KCEPT, Inc., 36 Water St., Newburyport, MA 01950
We have the right to terminate the user account of any user who submits User Content that violates our policies or submission guidelines.
When you purchase a product on our websites, you agree to provide accurate and complete information about yourself. In order to purchase a KCEPT product, you must do so in accordance with instructions throughout this Website. When you purchase a product, KCEPT will send emails regarding news, product information, and offers. You may opt out of these by selecting opt out on any electronic communication, calling customer service at 1-877-860-7859, or emailing us at firstname.lastname@example.org.
You must be 18 or older to use the Website or purchase products. If you are under 18 you will need to use the assistance of a parent or legal guardian, who is at least 18 years of age.
We reserve the right to stop providing the Website or the Service to you or access to the Website at any time for any reason and without prior notice. We reserve the right to delete data provided to us through the Website.
OTHER THAN AS EXPRESSLY STATED HEREIN OR IN ANY PACKAGE INSERTS ACCOMPANYING OUR PRODUCTS, THE PLAN, SERVICES, AND THE WEBSITE AND ITS CONTENT ARE ALL PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER STATUTORY OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR RELATED TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT ON THE WEBSITE IN TERMS OF ITS COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. DEPENDING ON THE STATE IN WHICH YOU RESIDE SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
KCEPT is not a medical organization. The KCEPT staff cannot give you medical advice or diagnosis. Nothing contained in our Website, in the materials provided by KCEPT, or the Services we provide, should be construed as a diagnosis or treatment. The information and reports generated by KCEPT should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You acknowledge and agree that you will consult with your physician if you have any questions or wish to seek advice regarding a medical condition, your diet, nutritional supplements, an exercise regimen or any other matter related to your health or general well-being. Our Website and Services are intended for use only by healthy adult individuals. It is not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to utilizing any of our products. We expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, statement or other information posted on the Website by Users.
You acknowledge and agree that you will consult with your physician if you have any questions or wish to seek advice regarding a medical condition, your diet, nutritional supplements, an exercise regimen or any other matter related to your health or general well-being. We expressly disclaim all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, statement or other information posted on the Website by Users. You bear sole responsibility for your own health and diet research and decisions. Additionally, our Products are not intended for use by persons under 18 years of age unless expressly stated on the Product label, and then only under adult supervision.
NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, ENHANCED, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR IN RELATION TO THESE TERMS OR OUR BREACH THEREOF, OR YOUR USE OR INABILITY TO USE OUR PRODUCTS, SERVICES, OR WEBSITE (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR OR OUR CONTRACTORS’ SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY THIRD PARTY’S USE OF THE WEBSITE, ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF ACCESS TO THE WEBSITE OR ANY OF OUR ONLINE SERVICES, THE USE OF THE WEBSITE, OR OUR SERVICES, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE OR OUR SERVICES, THE NON-DELIVERY OR MIS-DELIVERY OF DATA BETWEEN YOU AND US, EVENTS BEYOND OUR REASONABLE CONTROL, THE NON-RECOGNITION OF OUR HOSTING SERVERS, THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER, THE PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE OUR CUSTOMERS MAY UTILIZE, OR THE APPLICATION OF ANY POLICY SET FORTH HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF OR RELATING TO (A) OUR PRODUCTS SHALL NOT EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE PURCHASED FROM US, AND (B) OUR SERVICES SHALL NOT EXCEED THE AMOUNT THAT YOU PAID TO US FOR THE SERVICE WITHIN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE ISSUE GIVING RISE TO THE POTENTIAL LIABILITY, OR (C) THE WEBSITE OR ANY USER CONTENT IS TO STOP USING THE WEBSITE AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT WE, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON OR COMPANY REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
IF YOU ARE A VISITOR TO OUR WEBSITE FROM NEW JERSEY, CERTAIN LIMITATIONS IN THESE TERMS ARE INAPPLICABLE OR UNENFORCEABLE WITHIN NEW JERSEY. NOTWITHSTANDING ANYTHING STATED TO THE CONTRARY IN THESE TERMS, WITHIN NEW JERSEY: (A) WE DO NOT LIMIT OUR LIABILITY BASED ON OUR NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL CONDUCT; (B) WE DO NOT LIMIT OUR LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE THAT OCCUR ON OUR PROPERTY; AND (C) THERE IS NO WAIVER OF YOUR RIGHT TO ATTORNEYS’ FEES. THESE PROVISIONS ARE ENFORCEABLE ONLY TO THE FULL EXTENT PERMITTED BY NEW JERSEY LAW. THE PROVISIONS OF THIS SUBSECTION ONLY APPLY TO PRODUCTS AND SERVICES USED FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES.
By using the Website or the Service our purchasing or using our Products you agree to indemnify and hold us and our officers, directors, employees, agents, and affiliates harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by us through your use of our Products, Services or Website, or your posting or submission of User Content in violation of these Terms (including, but not limited to, negligent or wrongful conduct, infringement of any third party’s intellectual property, confidentiality, privacy or publicity rights). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. This section shall survive any termination of the Terms.
THE LIMITATION OF LIABILITY AND INDEMNIFICATION SECTIONS ABOVE APPLY TO YOUR USE OF OUR WEBSITE, AND THE PURCHASE AND USE OF OUR PRODUCTS AND SERVICES, WHETHER PURCHASED OR USED THROUGH OUR WEBSITE, BY PHONE, MAIL, OR OTHER METHOD.
You represent and warrant that you are buying products or services from us for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
You acknowledge that we have the right to investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy rights infringement and website security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Website or the Services, but we have the right to do so for the purpose of operating the Website, 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 or regulatory body.
You understand and agree that we may disclose your Personal Information if required to do so by law, court order, legal process, or subpoena, including to respond to any government or regulatory request (after, if permitted, giving reasonable notice to you and using commercially reasonable efforts to provide you with the opportunity to seek a protective order or the equivalent (at your expense), or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates or partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce these Terms (including for billing and collection purposes), take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our Website and our Services; or, (c) to exercise or protect the rights, property, or the safety of us, our users or others.
Time Limitation. Any claim or action against us must be brought within twelve (12) months of the cause arising, otherwise such claim or action is permanently barred.
Other than for the grounds set forth in the section below labeled “Exceptions to Agreement to Arbitrate”, in the event of any dispute, claim, question or disagreement arising from or relating to the Terms or the breach thereof, the parties hereto shall use reasonable efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, such dispute, claim, question or disagreement shall be resolved by binding arbitration in Massachusetts, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this Section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing and shall be final. Judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification, or appeal, except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act, the terms of which Sections the parties agree shall apply. The expenses of arbitration, including the fees and expenses of the arbitrator and the AAA, shall be shared equally by the parties.
The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto. The award may include equitable relief. The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the Terms. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition.
The parties agree to treat all aspects of the arbitration as confidential, as provided in the AAA Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Further, judgment on the arbitrators’ award may be entered in any court having jurisdiction.
Exceptions to Agreement to Arbitrate. You and we agree that we will go to court to resolve disputes relating to: (a) your or our intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights, or patents); or (b) your violation of our User Content Posting Guidelines.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any legal action arising out of or relating to these Terms or the transactions contemplated hereby.
Our Website is operated in the State of Massachussetts, United States of America, and we make no representation that content provided is applicable or appropriate for use in other locations. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Your use of the Website does not subject us to judicial process in or to the jurisdiction of courts or other tribunals in your jurisdiction or location.
Governing Law. For all legal proceedings arising out of use of the Website, the Products, or our Services, and/or relating to these Terms, these Terms and the relationship between you and us shall, irrespective of any choice of laws rules, be governed by and construed in accordance with the laws of the State of Massachusetts. Subject to the Arbitration clause set forth above, you and we hereby irrevocably and unconditionally submit to the jurisdiction of courts located in Massachusetts, or the court of competent jurisdiction closest thereto if no court of competent jurisdiction resides therein, and the parties’ consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. You and we irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
Assignment. You may not assign, convey, or transfer (whether by contract, merger or operation of law) (collectively, “assign” or variants) these Terms, in whole or in part, without our prior written consent, which may be granted or withheld by us in our sole discretion. Any attempted assignment in violation of these Terms will be of no power or effect. We may assign these Terms freely at any time without notice. Subject to the foregoing, these Terms will bind and inure to the benefit of each party’s permitted successors and assigns. We reserve the right to, and you hereby consent to, our right to disclose, transfer, and/or assign your Personal Information in connection with a merger, consolidation, restructuring, financing, sale, or other transaction or pursuant to any court proceeding. In addition, if a potential buyer is interested in purchasing us, you agree that we may provide the potential buyer with your Personal Information on a confidential basis and subject to the use restrictions in these Terms.
Survival. Upon termination or expiration of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
Headings. The headings of sections and paragraphs in these Terms are for convenience only and shall not affect its interpretation.
Waiver. The failure to exercise or enforce any right or provision shall not affect our right to exercise or enforce such right or provision at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Severability. If any portion of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, the remaining provisions of these Terms shall remain in full force and effect.
Notices. You agree that we may provide you with notices, including those regarding changes to these Terms, by email to the address you provided at the time of registration or such changed address as you provide to us in your account data. Our address for notices is set forth below.
Notices. You agree that we may provide you with notices, including those regarding changes to these Terms, by email to the address you provided at the time of registration or such changed address as you provide to us in your account data. Our address for notices is set forth below.
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