2. ACCOUNTS & REGISTRATION: In order to access the Site and ALC Services, You must first register and/or log in to Your user account ("ALC Account"). Upon registration of Your ALC Account, limited portions of the Site and ALC Services will be available to You. In order to access the full Site and all ALC Services, You must subscribe with ALC by providing ALC with Your Payment Method information, as described below ("Subscription"). During the registration and/or Subscription process, You will be asked to provide details, including, without limitation, Your full name, valid e-mail address and Payment Method information. It is a condition of use of the Site and ALC Services that all the details You provide will be accurate, current, and complete. While You may use a pen name in Your Published Works detail pages, Your ALC Subscription must be in Your legal name.
Please keep Your password confidential. You are responsible for all use on Your ALC Account, including unauthorized use by any third party, so please be very careful to guard the security of Your password. Please notify Us if You know of or suspect any unauthorized use of Your ALC Account.
We reserve the right at Our sole discretion to immediately terminate or restrict Your ALC Account or Your use of the Site or ALC Services or access to Content at any time, without notice or liability, if ALC determines in its sole discretion that You have breached this Agreement, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other reason. We also reserve the right to terminate Your Subscription, ALC Account or Your use of the Site or ALC Services or access to Content if Your continued use places an undue burden on Our networks or servers. You agree that We may use technology to limit activities, such as the number of calls to the ALC servers being made or the volume of User Material (as defined below) being posted, and You agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them. You also agree that ALC will not be liable to You for any modification, suspension, or discontinuance of the ALC Services, or any loss of or lack of access to documents or data in Your ALC Account if Your ALC Account or Subscription lapses or is cancelled. If ALC terminates Your ALC Account or suspends or discontinues Your access to ALC Services due to Your violation of these Terms, then You will not be eligible for any credit, refund, discount or other consideration.
3. PRIVACY; AUTHOR PROFILE; BOOK LAUNCH TOOL; AUTHOR CIRCLE
Author Profile. When You register or log in to Your ALC Account, You have the opportunity to complete Your Author Profile, which includes information entered by You, such as Your name, bio, email address, information concerning Your other social media accounts, blogs, and websites, and genres or areas of interest. You may use a pen name in Your Published Works detail pages. Please note that all information entered by You into Your Author Profile is public and can be seen or searched by other ALC users, with the exception of information entered into the "How Can We Help You" section, which can be seen only by You and Us.
Book Launch Tool. If You choose to use the Book Launch Tool available on the Site, You agree that ALC has the right to publicly congratulate You when You indicate that You have completed a task. Such announcement may be sent to the members of Your Author Circle, or may appear on the Site's homepage or on social media, and therefore can be seen by other ALC users.
While certain tasks are pre-loaded into the Book Launch Tool, You have the option to customize Your tasks in the Book Launch Tool to suit Your preferences or needs. If You later choose to restore the Book Launch Tool default settings for a particular Book Project, delete a Book Project, or Your Subscription lapses or terminates, all customized changes that You made to the Book Launch Tool, as well as other documents, data or Notes You have entered, uploaded or saved to Your ALC account, will be permanently and immediately deleted, and cannot be recovered.
Author Circle. You have the ability to invite other individuals to join Your Author Circle, allowing them to read and comment on Your works. ALC may recommend other ALC users that You may wish to add to Your Author Circle. The decision to add individuals to Your Author Circle is entirely at Your discretion. ALC shall have no liability to You for the actions of the individuals in Your Author Circle, including, without limitation, for abusive behavior or appropriation of Your intellectual property.
4. CUSTOMER SUPPORT. If We can be of help to You, please do not hesitate to contact Customer Support at firstname.lastname@example.org.
6. COMMUNICATION PREFERENCES. By using the Site or the ALC Services, You consent to receiving electronic communications from ALC relating to Your ALC Account and/or Subscription. The communications will include notices about Your ALC Account or Subscription, including, without limitation, payment authorizations, change in password or Payment Method, confirmation e-mails, newsletters, notification of new Content and ALC features, emails regarding tasks in Your Book Launch Tool, invitations to join Author Circles, customer surveys, and private messages through the in-applications messaging function. You agree that any notice, agreements, disclosure or other communications that We send to You electronically will satisfy any legal communication requirements, including that such communications be in writing. You also consent to receiving certain other communications from Us, such as special offers and promotional announcements. If you no longer want to receive direct marketing emails, simply contact us at 1-866-697-5312 or email@example.com.
7. OUR INTELLECTUAL PROPERTY AND YOUR LIMITED LICENSE. Subject to this Agreement, ALC hereby grants you a nonexclusive, nontransferable, non-sublicensable, right to: (i) access the Site; and (ii) use the ALC Services, including accessing the Content or any software, which includes, but is not limited to files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software"), made available through the Site. Any use of the Site or the ALC Services (including Content) for commercial purposes is strictly prohibited. This license is for personal, non-commercial use only. Unauthorized access to the Site, or to the telecommunications or computer facilities used to deliver the Site, is a breach of this Agreement and is a violation of law. The Site, and anything derived from it, including, without limitation, its Content, information, Software, products, and services are the sole property of ALC.
You agree that ALC owns and retains all rights to the ALC Services. You further agree that the Content You access and view as part of the ALC Services is owned or controlled by ALC and ALC's licensors and/or affiliates. The ALC Services and the Content is protected by applicable copyright, trademark, and other intellectual property laws. You may not, directly or indirectly through the use of any device, software, internet site, web-based service, or other means:
You may not incorporate the Content into, or stream or retransmit the Content via any hardware or software application. or make it available via frames or in-line links, unless expressly permitted by ALC in writing. Furthermore, You may not create, recreate, distribute, or advertise an index of any significant portion of the Content unless authorized by ALC. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, You are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, without the prior written approval of ALC. This prohibition applies even if You intend to give away the derivative materials free of charge.
If you download any application or Software from the Site, the Software is licensed to You by ALC pursuant to the above license grant and pursuant to other terms and conditions that accompany the Software, if any. ALC does not transfer title to the Software to You; ALC or its licensors retains full and complete title to the Software and all intellectual property rights therein.
No content, trademarks, service marks and logos contained on the Site, in the ALC Services or Software (collectively, "Marks"), may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of ALC or the applicable owner of such content and Marks. Author Learning Center, the Author Learning Center logo, www.authorlearningcenter.com, and other ALC marks, graphics, logos, scripts, and sounds are trademarks of ALC. None of the Author Learning Center trademarks may be copied, downloaded, or otherwise exploited without the prior written permission of ALC.
The Site and the ALC Services (including Content) includes both material owned or controlled by ALC and material owned or controlled by third parties and licensed to ALC. Title to all content on or from the Site remains with ALC or the third party owners of such content. Any use of the content not expressly permitted by these terms is a breach of this Agreement and may violate copyright, trademark and other laws. All rights not expressly granted herein are reserved by ALC.
8. USER MATERIALS, LICENSE GRANTED & RULES OF CONDUCT. As part of the ALC Services, subscribers may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews, comments, or other materials (collectively, "User Material"). In order to keep the ALC Services enjoyable for all of our users, You must adhere to the following Rules of Conduct:
Please note that we use your display name as your user ID and therefore your display name will appear to the public each time you Post. We advise that You do not, and You should also be careful if You decide to, Post additional personally identifiable information, such as Your email address, telephone number, or street address.
Permissions. You must be, or have first obtained permission from, the rightful owner of any User Material You Post. By submitting User Material, You represent and warrant that You own the User Material or otherwise have the right to grant ALC the license provided below. You also represent and warrant that You have all necessary rights in and to all Postings You Post and all material, content and information they contain the Posting of Your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, You agree to pay for all royalties, fees, and other payments owed to any party by reason of Your Posting User Material. ALC will remove all content and User Materials if properly notified that such content or User Material infringes on another’s intellectual property rights. ALC reserves the right to remove any content, including User Materials, without prior notice and expressly reserves it rights under the Good Samaritan provisions of Communications Decency Act, Title 47, United States Code, Section 230(c). You acknowledge that ALC does not guarantee any confidentiality with respect to any User Material.
License Granted. By Posting User Material, You grant ALC a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Site or in connection with the ALC Services in the United States and/or worldwide in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to ALC is non-exclusive, fully-paid, royalty-free and sublicensable (so that ALC is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the ALC Services). By Posting Your User Material, You also hereby grant each user of the Site or ALC Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the ALC Services and under this Agreement.
Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. ALC does not endorse any User Material, and User Material that is posted does not reflect the opinions or policies of ALC. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that We determine, in Our sole discretion, is inappropriate or for any other business reason. In no event does ALC assume any responsibility or liability whatsoever for any User Material, and You agree to waive any legal or equitable rights or remedies You may have against ALC with respect to such User Material. You may notify Us of any inappropriate User Material that You find by calling Customer Support toll-free at 866-697-5312 or emailing Us at firstname.lastname@example.org (subject line: "Inappropriate User Material").
9. SUBMISSIONS AND POSTINGS. It is ALC's policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. Therefore, any similarity between an unsolicited submission and any elements in any ALC creative work, including a film, series, story, title, or concept, would be purely coincidental. Please do not send ALC any unsolicited submissions.
From time to time, areas on the Site may expressly request submissions of concepts, creative ideas, suggestions, stories, or other potential content from You ("Invited Submissions"). In this event, please carefully read any specific rules or other terms and conditions which appear elsewhere on this website to govern the Invited Submissions, as they will affect Your legal rights.
10. INFRINGEMENT NOTICE. We respect the intellectual property rights of others and require that our users do the same. If you believe Your work has been copied in a manner that constitutes copyright infringement, or You believe Your rights are otherwise infringed or violated by anything on the Site, please notify Us by sending an email to the following address email@example.com or by mailing notice to 1663 Liberty Drive, Bloomington Indiana 47403, Attention: Legal. The notice must include all of the following: (a) a description of the copyrighted work or other right You claim has been infringed or violated; (b) information reasonably sufficient to locate the material in question on the Site; (c) Your name, address, telephone number, email address and all other information reasonably sufficient to permit Us to contact You; (d) a statement by You, made under the penalty of perjury that: (i) You have a good-faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and (ii) that the information in Your notice is accurate; and (iii) You are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner; and (e) a physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf.
11. SUBSCRIPTIONS AND BILLING. You can find the specific details regarding Your Subscription by logging into Your ALC Account from the Site. Because the ALC Services are offered in multiple time zones, for consistency, a "day" for purposes of these Terms begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern Time of that same calendar day.
Billing. By commencing Your Subscription, You are expressly agreeing that We are authorized to charge You the monthly or annual Subscription Fee, after any Trial Period has ended, as well as any other fees for additional services You may purchase, as well as any applicable taxes in connection with Your use of the ALC Services to the credit card or other payment method accepted by ALC that You provided during registration ("Payment Method"). If You want to use a different Payment Method than the one You provided during registration, or if there is a change in Your credit card validity or expiration date, You may edit Your Payment Method information by calling Us at toll-free at 1-866-697-5312. If Your Payment Method expires and You do not edit Your Payment Method information or cancel Your Subscription in accordance with these Terms, You authorize Us to continue Billing, and You will remain responsible for any uncollected amounts. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR USERNAME(S) TO PURCHASE ANY SUCH PRODUCT AND/OR SERVICE.
As used in this Agreement, "Billing" shall indicate either a charge or debit, as applicable, against Your Payment Method. The Subscription Fee will be billed monthly or annually, as You choose, beginning upon the expiration of The Trial Period, and each month or year thereafter unless and until You cancel Your Subscription in accordance with this Agreement or the ALC Services are otherwise suspended or discontinued pursuant to this Agreement.
If You choose to pay the Subscription Fee monthly, We automatically bill Your Payment Method each month on the calendar day corresponding to the commencement of Your Subscription. If You choose to pay the Subscription Fee semi-annually or annually, We automatically bill Your Payment Method every six (6) months or every year on the calendar day corresponding to the end of Your Trial Period. However, if You change Your Payment Method, this may result in changing the calendar day upon which You are billed. You understand and agree that the amount billed each month or year may vary due to changes in applicable taxes or the purchase of additional services not included in Your Subscription, and You authorize Us to charge Your Payment Method for the corresponding amounts. If ALC changes the Subscription Fee, We will give You advance notice of these changes by email. However, We will not be able to notify You of changes in any applicable taxes. Your only recourse if You disagree with these changes is to cancel Your Subscription in accordance with this Agreement.
The Subscription Fee, as well as all additional fees and charges are nonrefundable except in connection with the cancellation of Your Subscription in accordance with this Agreement.
Ongoing Subscription and Cancellation. Your Subscription will continue in effect on a month-to-month or year-to-year basis unless and until You cancel Your Subscription or Your ALC Account or the ALC Services are otherwise suspended or discontinued pursuant to this Agreement. If You have chosen to pay the Subscription Fee on a monthly basis, You must cancel Your Subscription before it renews each month in order to avoid being billed for the next month. We will bill the monthly Subscription Fee plus any applicable taxes and fees for additional services to the Payment Method You provide to Us (or to a different Payment Method if You change Your account information). If You cancel Your Subscription during a given month, You will not receive a refund for that month. If You have chosen to pay the Subscription Fee annually, You will not receive a refund if You cancel Your Subscription during the year for which You paid. You can cancel Your Subscription by contacting Customer Support at the telephone number provided on the ALC Site.
Unpaid Amounts. You agree to honor the payment obligations to which You agreed. Accordingly, We reserve the right to pursue any amounts You fail to pay in connection with the services You purchase. You will remain liable to ALC for all such amounts and all costs We incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
Trial Period. Once Your Trial Period ends, We will begin billing Your Payment Method for the Subscription Fees (plus any applicable taxes), unless You cancel Your Subscription prior to the end of Your Trial Period.
You agree and understand that You will not receive a notice from ALC that Your Trial Period has ended or that Your Subscription Fee payment(s) have begun. If You wish to avoid charges to Your Payment Method, You must cancel prior to midnight Eastern Time on the last day of Your Trial Period. You can cancel Your Subscription by contacting Customer Support at the telephone number provided on the ALC Site. We will continue to bill Your Payment Method for the Subscription Fee, plus applicable taxes and fees for additional services purchased by You until You cancel Your Subscription or Your ALC Account or the ALC Services are otherwise suspended or discontinued pursuant to these Terms. You may cancel Your Subscription at anytime. To the extent You are offered in conjunction with purchases of, or payment for, third party products or services, You agree that ALC will not be liable to You for any claims arising out of or related to Your purchase or use of such third party products or services.
13. LINKED DESTINATIONS AND ADVERTISING.
Third Party Destinations. If We provide links or pointers to other websites or destinations, You should not infer or assume that ALC operates, controls, or is otherwise connected with these other websites or destinations. When You click on a link within the ALC Services, We will not warn You that You have left the ALC Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that You have left the ALC Services and reached another website or destination.
Advertisements. ALC takes no responsibility for advertisements or any third party material Posted on the Site, nor does it take any responsibility for the products or services provided by advertisers. Any dealings You have with advertisers found while using the ALC Services are between You and the advertiser, and You agree that ALC is not liable for any loss or claim that You may have against an advertiser.
14. Special Provisions Applicable to Users Outside the United States. The following provisions apply to users and non-users who transact, use, access, or interact with ALC, the Site or the ALC Services outside the United States:
15. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, INDEMNITY, CLASS ACTION WAIVER.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE THE ACCEPTABLE PERFORMANCE OF THE ALC SERVICES, YOU AGREE THAT USE OF THE ALC SERVICES IS AT YOUR OWN RISK. THE ALC SERVICES, INCLUDING THE SITE AND ANY APPLICATION, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITE OR ANY APPLICATION, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AUTHOR LEARNING CENTER DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE ALC SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL ALC OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "ALC PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE, ADVERTISING OR TERMINATION OF YOUR SUBSCRIPTION, YOUR ALC ACCOUNT, THE SITE, THE CONTENT OR THE ALC SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SITE OR ANY APPLICATION), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, DECEPTIVE OR UNFAIR TRADE PRACTICES, MISREPRESENTATION, OR FALSE ADVERTISING OR OTHER THEORY, EVEN IF THE ALC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE PRIOR TWELVE (12) MONTHS OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE ALC PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS, USER MATERIAL POSTED BY YOU OR YOUR USE OF THE ALC SERVICES (INCLUDING YOUR USE OF THE CONTENT).
ALC RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
16. Dispute Resolution; Governing Law.
You must file for Arbitration for damages relating to or arising directly or indirectly from this Agreement no later than one hundred eighty (180) days after any portion of Your claim has accrued. You hereby waive the right to file an Action for any loss, damage or liability related to or arising directly or indirectly from this Agreement under any state or federal statute of limitations that may be longer.
This Agreement, and any legal suit, arbitration, action, or proceeding arising out of or related to this Agreement, the Site, the ALC Services, and, generally, any act or omission involving You and Us will all be governed by and construed in accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Your residence or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of Indiana with respect to matters of state law or to any rule of construction that allows or directs that ambiguities be construed against the drafter of a contract.
MANDATORY ARBITRATION / CLASS ACTION WAIVER. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE ADVERTISING OF THE SITE, ALC SERVICES, YOUR INDUCEMENT TO ENTER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO CLAIMS OF OR RELATING TO DECEPTIVE OR UNFAIR TRADE PRACTICES, MISREPRESENTATION, OR FALSE ADVERTISING, ITS TERMINATION, OR THE VALIDITY OR BREACH THEREOF, WILL BE SETTLED BY ARBITRATION IN MONROE COUNTY, INDIANA, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), UNDER AAA'S COMMERCIAL ARBITRATION RULES, BY A SINGLE ARBITRATOR. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATOR WILL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THE AGREEMENT TO ARBITRATE. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING ANY RIGHT THAT YOU MAY HAVE TO GO TO COURT OR TO HAVE A JURY TRIAL. NEITHER YOU NOR WE MAY SERVE AS A REPRESENTATIVE, A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER, INCLUDING OUR CONTRACTORS OR AFFILIATES, ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, MASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, CONSOLIDATED, MASS OR REPRESENTATIVE PROCEEDING.
We will not object to Your choice to participate in arbitration by telephone or upon written submission, if You prefer not to participate in person. You have the right to opt out of this Mandatory Arbitration provision, which would enable You to litigate disputes in a court before a judge, if You deliver to Us, within thirty (30) days after You activate Your ALC Account, an explicit instruction to opt out, hand signed and dated by You, via certified mail, return receipt requested, or third party carrier, such as FedEx or UPS, addressed to Attn: Legal, 1663 Liberty Drive, Bloomington, IN 47403. If We do not receive Your written notice within this time period, Your right to opt out will terminate and the provisions of this section will apply. If You exercise the opt-out option, each Party consents that it will commence any Action of any kind whatsoever arising from or related to this Agreement, the Site, or ALC Services against the other Party, only in the Small Claims, Circuit or Superior Courts sitting in Bloomington, Monroe County, Indiana, or the Federal Courts of the Southern District of Indiana, sitting in Indianapolis, Indiana, and any appellate court therefrom. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT, RATHER THAN IN ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. YOU OR WE MAY BRING SUIT IN COURT ON AN INDIVIDUAL BASIS ONLY, AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, TO APPLY FOR INJUNCTIVE REMEDIES.
17. MISCELLANEOUS PROVISIONS.
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter contained herein, and supersedes all prior or contemporaneous understandings, agreements, discussions, or representations, whether written or oral. All notices under this Agreement by You to Us (with the exception of the Arbitration Opt-Out Notice, which must be sent in accordance with Section 16) must be supplied in writing sent by regular mail to: ATTN: Legal, 1663 Liberty Drive, Bloomington, Indiana 47403 or by e-mail to firstname.lastname@example.org. Nothing contained in this Agreement will be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment or fiduciary relationship between the Parties, and neither of the Parties will have authority to contract for or bind the other Party in any manner whatsoever. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and each of their respective heirs, executors, successors and permitted assigns. You may not assign any of Your rights or delegate any of Your obligations under this Agreement without the prior written consent of Us. Any purported assignment or delegation in violation of this section is null and void. We may assign Our rights or delegate any of Our obligations under this Agreement to any of Our employees or Our Contractors, in Our sole discretion, or to any person or entity acquiring all or substantially all of Our business and assets. No waiver of any of the provisions of this Agreement is effective unless explicitly set forth in writing. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement operates or may be construed as a waiver thereof except with respect to provisions which require action within a stated period of time. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. If any term or provision of this Agreement is found to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Neither party will be liable or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from any reasonably unforeseeable act or circumstance beyond Our reasonable control, including, but not limited to, any acts of God, war, terrorism, labor conditions, fire, flood, storms, third party acts or governmental action , or restraints or delays affecting Our Contractors’ ability to enable us to timely fulfill services.
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