Terms and Conditions for Selling Your Diamond
May 8, 2018
Welcome to Mondiamo, the internet’s leading diamond resale platform and the best way to sell your diamond jewelry for cash from the comfort of your home. Mondiamo’s website is located at https://www.mondiamo.com/ (“Website”). This Website is maintained and operated by Adama Capital I, LLC d/b/a Mondiamo (“Company,” “we,” “our” or “us”). Company operates in full compliance with Second Hand Dealer License number 2038799-DCA issued by New York City Department of Consumer Affairs.
THESE TERMS AND CONDITIONS
These Terms and Conditions ("Terms and Conditions") apply to all diamond and diamond jewelry sellers, members, visitors and others who use or access the Website. Your access to and use of the Website is subject to these Terms and Conditions and all applicable laws. By accessing or using any part of the Website, you accept, without limitation or qualification, these Terms and Conditions. If you do not agree with all of the Terms and Conditions set forth below, you may not use any portion of the Website.
Certain features, products, services or software that you are provided or that you purchase from the Website may be subject to additional terms and conditions presented to you at the time that you receive, use or purchase them. When you receive or use any gift card authorized by Company or via the Website, we may present the terms and conditions for the gift card to you and require your acceptance of the same. In addition, some areas of the Website may be hosted or provided by third-party host or service providers and are subject to additional terms and conditions of use, which are posted within those areas or on such third parties’ websites.
THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, AS THEY AFFECT YOUR RIGHTS.
USAGE OF THE WEBSITE
Accessibility: If you are having any trouble accessing these Terms and Conditions or the Website, please contact us at 1-877-478-0485 or firstname.lastname@example.org between 9 A.M. to 6 P.M. Eastern, Monday through Friday.
Authorized Use of Website: This Website is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Website requires the prior written consent of Company.
Unauthorized Use of Website: You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user's use of the Website, including, without limitation, via means of overloading, “flooding,” “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Website within another Website. You may not resell use of, or access to, the Website to any third party without written consent.
Registration and Passwords: In order to access certain services on the Website, you may be required to provide certain information and be over eighteen (18) years of age. This information may be provided via a user name and password to our Website, or through the use of your user names and passwords for services provided by third parties, such as certain social media platforms. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any usernames, access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your usernames, access codes and passwords and will be solely liable for any use under such usernames, access codes or passwords. We may suspend or terminate your access at any time with or without notice.
International Access: Our Website is provided from the United States of America (“USA”) and all servers that make it available reside in the USA. The laws of other countries may differ regarding the access and use of the Website. We make no representations regarding the legality of the Website in any other country besides the USA and it is your responsibility to ensure that your use complies with all applicable laws outside of the USA.
Proprietary Rights: Company is the owner of or otherwise licensed to use all parts of the Website, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Website belong to third parties who have authorized Company to display the materials. By using the Website, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of Company and/or the owner of such materials. Except as expressly set forth herein, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these Terms and Conditions are reserved by Company.
No Ideas Accepted: We do not accept any unsolicited ideas from outside the company including without limitation suggestions about the diamond or diamond jewelry resale industry, improvements to our resale platform or service, advertising or promotions or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for Company to utilize your submission, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
USER GENERATED CONTENT
Content Posted by You: Certain pages on the Website may allow you to post information about your diamonds or diamond jewelry or text comments, photos, videos, captions, feedback, job submissions, reviews, advertisements or other content, or to share information with other users of the Website or communicate through our chat channels or other community offerings (collectively, “Content”). Unless otherwise specified, you may only post Content to the Website if you are a resident of the United States and are eighteen (18) years of age or older. Our Website acts as a passive conduit for any and all communication and/or distribution of information, and we do not control the Content. We cannot and will not evaluate and we are not responsible for the accuracy, reliability, completeness, veracity or suitability of any Content or for verifying the identity of the submitting user of our Website. Like any information you obtain through the Internet, you should verify Content before acting upon it. Company is not responsible for any losses you may incur as a result of relying on Content, even if we were advised of the possibility of such losses.
You may only post Content that you created or which the owner of the Content has given you permission to post. If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to Company. You may not post or distribute Content that is illegal or that violates these Terms and Conditions. By posting or distributing Content to the Website, you represent and warrant that (i) you own all the rights to the Content or are authorized to use and distribute the Content to the Website; and (ii) the Content does not and will not infringe any intellectual property, privacy, publicity or any other third-party right nor violate any law or regulation. Further, by submitting or posting Content to the Website, you grant Company the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium now known or hereafter invented, in perpetuity. Once you submit or post Content to the Website, Company does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. Company owns all right, title, and interest in any compilation, collective work, or other derivative work created by Company using or incorporating Content posted to the Website. You are solely responsible for anything you may post on the Website and the consequences of posting anything on the Website.
Digital Millennium Copyright Act ("DMCA") Notice: Materials may be made available via the Website by users and other third parties not within our control. We are under no obligation to, and do not, scan content posted on the Website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website.
If you believe any materials on the Website infringe a copyright, you should provide us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows: email@example.com
Prohibited Activities: Company expects all of its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Website or while using the Website. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:
is defamatory, abusive, obscene, profane or offensive, or contains “masked” profanity (e.g., F*@&#);
infringes or violates another party's intellectual property, privacy, publicity or third party rights (such as articles, music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Website);
is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
promotes or encourages violence;
is inaccurate, false or misleading in any way, or constitutes impersonation of another person;
is illegal or promotes any illegal activities;
promotes illegal or unauthorized copying of another person's copyrighted work or provides information to circumvent security measures;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
Company is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion. Company will make all determinations as to what Content is appropriate in its sole discretion. Company may edit or remove any Content at any time without notice.
THIRD PARTY MATERIALS
Third Party Content: Under no circumstances will Company be liable in any way for any content or materials of any third parties (“Third Party Content”), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such Third Party Content. You acknowledge that Company does not pre-screen content, but that Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Third Party Content that is available via the Website. Without limiting the foregoing, Company and its designees will have the right to remove any Third Party Content that violates these Terms and Conditions or is deemed by Company, in its sole discretion, to be otherwise objectionable. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Third Party Content or communications posted on the Website or endorse any opinions expressed therein. You understand that by using the Website, you may be exposed to Third Party Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Company be liable in any way for any Third Party Content, including, but not limited to, any errors or omissions in any Third Party Content, or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, emailed, transmitted or otherwise made available on the Website.
Third Party Links: This Website may contain links to other websites, apps and chat channels not maintained by us. Further, other websites, apps and chat channels may also reference or link to our Website. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy policies of each and every website, app, social media platform and chat channel that you visit. We are not responsible for the practices or the content of such other websites, apps or chat channels.
Social Networking Services: The Website may integrate with social networking services, including Facebook, Instagram, Twitter, Snapchat and Pinterest, both as part of the registration and login process and via other portions of the Website. While we may provide you with the ability to use such services in connection with our Website, we are doing so as an accommodation and, like you, are relying upon those services to operate properly and fairly. You understand that we do not control such services and are not liable for them.
ADDITIONAL WEBSITE FUNCTIONALITY
Neutral Venue: You are solely responsible for your interactions with other users of the Website and Company bears no responsibility for your interactions with other users of the Website. Further, Company is not party to any disputes between you and other members of the Website. We reserve the right, but have no obligation, to monitor disputes between you and other Website users.
Ratings and Review: You may provide reviews for our Website and certain products or services offered therein via an external service named Trustpilot. We have no control over the reviews on Trustpilot and are not responsible for any materials contained on the Trustpilot website or provided via its services, which shall constitute Third Party Content hereunder. Please note that although we do monitor reviews of our Website and/or products or services on Trustpilot, we do not endorse any such review, nor can we verify the accuracy or authenticity of the reviews on the Trustpilot website. More information on Trustpilot can be found at https://www.trustpilot.com/.
DIAMOND PURCHASE TERMS
Requirements for Use: When you submit to us information about any diamonds or diamond jewelry or send us any diamonds or diamond jewelry (“Article”), you agree that you are: (i) at least eighteen (18) years of age; (ii) acting on your own behalf, or as an authorized agent or representative of another; (iii) the actual legal owner (or authorized agent or representative of the actual legal owner) of all right title and interest in and to any and all Articles that you offer to sell or sell to us, free and clear of all claims, liens, and/or encumbrances that might adversely affect the value of the Article or your ability to sell the Article to us. In the event you are acting as an authorized agent or representative of another person, we may ask for various types of documentation to substantiate your claim, including a notarized permission form or letter from the person on whose authority you are acting.
Conditional Offers: Once we receive your completed Request, we may, but are not obligated to, issue a conditional guaranteed offer range for the Article(s) (“Conditional Offer”). Company reserves the right to refuse to issue a Conditional Offer on any Article(s) for any reason. If Company issues a Conditional Offer, the amount in the Conditional Offer is the guaranteed range that Company will pay for your Article(s) should you accept that Conditional Offer, should the Article(s) pass physical inspection (as detailed below) and provided that you comply with the other requirements set forth herein or provided by Company. All communications about the Conditional Offer (or the lack thereof) shall be conducted via email or presented in your online account, which may be accessed through the Website.
Shipping: If you accept the Conditional Offer, Company will send to you a free, insured shipping kit. A Federal Express shipping label and packing and shipping instructions are included in the kit. Please note that you will have ten (10) days from receipt of the shipping kit to use the label. Company is not responsible for delivery costs and related insurance (detailed below) if Seller does not use the shipping label provided by Company. Further, Seller is responsible for packing and shipping the Article in accordance to Company’s packing instructions which are included in the shipping kit and are also available online in our FAQs. If you fail to comply with the packing instructions in any way as determined by Company in its sole discretion, Company assumes no liability whatsoever for any damage, loss, claim or insured value arising in connection with the Article(s). Company reserves the right to reject delivery of any package which appears to be opened, damaged or tampered with.
Insurance: Your Article(s) are only insured if you use the Federal Express label provided by Company. Articles sent to Company for evaluation will be insured up to the agreed amount of the insurance by Company’s third party insurance carrier; the value of that insurance is based on the high end of the Conditional Offer range. Company will generally provide the insurance amount with any Conditional Offer, and by accepting Company’s Conditional Offer, you also agree to the aforementioned insurance amount. You expressly agree that your recourse against Company for any loss or damage to the Article is limited to seeking recovery through the insurance policy and then only up to the insurance amount listed in the Conditional Offer.
Evaluation and Inspection of Articles: If you accept our Conditional Offer and ship us your Article, you agree that we will physically inspect and authenticate the Article(s). This evaluation and inspection of the Articles takes place at Company’s New York evaluation center, and all evaluations and inspections are video recorded and performed by certified gemologists. In some instances, only if necessary and with your prior consent, we may remove the diamond from the setting in order to perform the aforementioned evaluation and inspection. Please note that Company is not responsible for any damage to the Article(s) as a result of removing the diamond from the setting or as a result of evaluating, inspecting or authenticating the Article(s).
Final Offer: After evaluating and inspecting the article, Company may issue a final offer for the Article(s), which based on the Conditional Offer range (“Final Offer”). Company reserves the right to refuse to issue a Final Offer on any Article(s) if those Article(s) fail to pass evaluation, inspection and authentication. If you agree to the amount for the Article(s) in the Final Offer, you must accept the Final Offer online or via email prior to the Final Offer expiration date. If Company refuses to make a Final Offer, or if you do not accept the Final Offer, your Article(s) will be returned to you with insurance based upon the high amount of the Conditional Offer range. Please note that any returned articles may be in an unmounted or unset condition, and that in the event they are unmounted or unset is your responsibility to reset or re-mount the Article(s) at your own expense. Company is not responsible for any damage to the setting or diamond as a result of removing the diamond from the setting.
Return of Setting: At any time prior to acceptance of a Final Offer, you may request Company to return the setting and to sell to Company only the diamond(s) contained in the setting. In that case, the Article being evaluated shall be only the diamonds contained in the setting and Company reserves the right to modify its Final Offer if the Final Offer contains a value for the setting. If you request return of the setting, the setting shall be returned to you with an insured value determined by Company in its reasonable discretion, but not to exceed $500. Please note that Company is not responsible for any damage(s) to the setting as a result of removing the diamond from the setting.
Payment: If you accept the Final Offer, company will issue payment to you in the amount indicated in that Final Offer. Company will use commercially reasonable efforts to ensure payments are processed within three (3) business days after you indicate your acceptance of the Final Offer and provided that you comply with the other requirements set forth herein or provided by Company. Please note that payments can only be issued to you, and not to any third party, unless you are serving as an authorized agent or representative as discussed above. In order to issue payment, you will be required to complete and sign a Final Offer Acceptance Form (“Acceptance”). By your Acceptance, you agree that you are: (i) selling your Article(s) to us for the amount indicated in the Final Offer; (ii) that you are the rightful owner of the Article (or the authorized agent or representative of such rightful owner); and (iii) that the sale will become final once Company issues payment for the Article. Company offers two methods of payment for your Article. The first is via ACH transfer, through which Company will transfer the funds directly to your account. ACH transfers typically take 2-3 business days to appear in your account. The second is via check. Checks are sent from our address in New York to the address that you have provided to us. All checks are sent via regular mail.
Cancellation: Either party may rescind the Conditional Offer or Final Offer, or any acceptance thereof, at any time prior to the issuance of payment to you. In the event of cancellation, the Article(s) will be returned to the Seller insured up to the high end of the range in the Conditional Offer. Please note that any returned articles may be in an unmounted or unset condition, and that in the event they are unmounted or unset is your responsibility to reset or re-mount the Article(s) at your own expense. Company is not responsible for any damage(s) to the setting or diamond as a result of removing the diamond from the setting. Please note that once payment of the amount in the Final Offer is issued, the purchase is Final and non-cancellable.
WARRANTIES; INDEMNITY; LIMITATION OF LIABILITY
No Warranties: WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS" AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "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."
Indemnification: You agree to indemnify, defend and hold harmless Company, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to (i) your use of the Website, (ii) any breach by you of any of these Terms and Conditions, (iii) any violation of applicable law or (iv) the Article(s) or the title to, ownership of or lien on the same.
Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/ WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE OR FOR ANY DIRECT DAMAGES GREATER THAN (I) FOR CLAIMS CONCERNING THE ARTICLE(S), THE INSURANCE AMOUNTS SET FORTH ABOVE, OR (II) FOR ALL OTHER CLAIMS, FIVE HUNDRED DOLLARS ($500.00). THESE EXCLUSIONS SHALL APPLY REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law; Dispute Resolution; Arbitration: The laws of the State of New York shall govern these Terms and Conditions. While we will make reasonable efforts to resolve any disagreements you may have with Company, if these efforts fail you agree that all claims, disputes or controversies you make against Company arising out of these Terms and Conditions, or the purchase of any products or services ("Claims") are subject to fixed and binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Company agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. You shall not be entitled to join or consolidate Claims in arbitration by or against other users or to arbitrate any Claim as a representative or member of a class or in a private attorney general capacity. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below.
American Arbitration Association
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties unless we or you appeal it in writing within fifteen (15) days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the American Arbitration Association. An award by a panel is final and binding on the parties after fifteen (15) days has passed. Any Claim you have must be commenced within one (1) year after the date the Claim arises. As noted above, you and Company hereby voluntarily and knowingly waive any right either may have to a jury trial.
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is transferred, removed or appealed to a different court, we may then choose to arbitrate.
In the event this arbitration clause is not enforceable by the specified arbitration organization, the parties will mutually agree upon another arbitration organization that will enforce this clause.
Class Action Waiver: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.
Changes: All information posted on the Website is subject to change without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Website. You should check the Website for such changes frequently. Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.
Severability: If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
Waiver; Remedies: The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Company under these Terms and Conditions and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company's right to exercise any other right or remedy.
Questions: Should you have any questions regarding these Terms and Conditions you may contact us at firstname.lastname@example.org.