LIABILITY WAIVER AND RELEASE, BINDING ARBITRATION AND CLASS AND COLLECTIVE ACTION WAIVER
Please read this section carefully. It may significantly affect your rights, including your right to file a lawsuit in court or to pursue claims in a class or representative capacity.
By using the Website, you hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.
To the extent you attempt to assert any such claim or the Company wishes to assert a claim against you, you and we agree to binding arbitration, and not to sue in court in front of a judge or jury. Instead, the dispute shall be resolved by an arbitrator in accordance with the Judicial Arbitration and Mediation Service Streamlined Rules & Procedures (the “JAMS Rules”) and the arbitrator’s decision will be final. To the fullest extent permitted by law, class action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunctions, and any other proceeding or request for relief where someone acts in a representative capacity are not allowed. Nor is combining individual proceedings without the consent of all parties. Any such arbitrations will be in Ventura County or Los Angeles, California. The parties will equally share the costs of the arbitrator and the arbitration fee (if any), and each party shall bear its own attorneys’ fees and costs, unless the arbitrator determines that the claims were improper or frivolous, in which case the arbitrator may award the prevailing party its fees and expenses. Notwithstanding anything to the contrary however, you and the Company each retain the right to bring and action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.
