Last modified: January 15, 2019
Digital Platforms include the following:
- Our websites and those owned or operated by Our Brands.
- Mobile and desktop applications offered by us or Our Brands.
- Email and text messaging services between us or Our Brands and you.
- Our advertising and applications on third-party websites and services, including our social media properties.
- Information at collection points at retail stores operated by Our Brands (e.g. information you disclose face to face or through a kiosk to schedule a service at a Hair Cuttery salon, information you supply to access our wireless internet).
These Digital Platforms are offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using a Digital Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use a Digital Platform.
Accessing the Digital Platforms and Account Security
We reserve the right to withdraw or amend our Digital Platform, and any service or material we provide on the Digital Platforms, in our sole discretion without notice. We will not be liable if for any reason all or any part of a Digital Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of a Digital Platform, or the entire Digital Platform, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to a Digital Platform.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to a Digital Platform or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Digital Platforms and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Digital Platforms for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we integrate our Digital Platforms with other social media platforms, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from a Digital Platform.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from a Digital Platform.
You must not access or use for any commercial purposes any part of the Digital Platforms or any services or materials available through the Digital Platforms.
The Company name, the terms and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Digital Platforms are the trademarks of their respective owners.
Sweepstakes & Contests
SMS/MMS Text Message Program
- Opt-In Information: To subscribe to Text Message Alerts, text JOIN to 4-HAIR (4-4247). You will receive a SMS/MMS text message confirming your enrollment. Reply YES to confirm your enrollment and begin receiving Text Message Alerts.
Text Message Alerts may be sent using an automatic telephone dialing system. By enrolling in the SMS/MMS Text Messaging Program, you consent to Company using an automatic telephone dialing system to send Text Message Alerts, and certify that you are authorized: (a) to enroll the designated mobile telephone number in the SMS/MMS Text Messaging Program, and (b) to incur any mobile message or data charges that may be incurred by participating in the SMS/MMS Text Message Program. Consent to receive Text Message Alerts is not required as a condition of purchasing any goods or services.
- To Stop Messages or Opt Out: To stop receiving Text Message Alerts, reply STOP to 4-HAIR (4-4247) or to any Text Message Alert or contact the Guest and People Care Center line at (703) 269-5336. If opting-out via a STOP reply message, you will receive a SMS/MMS text message confirming your opt-out request. Please allow up to five (5) business days to process your request.
- For Help: Text HELP to 4-HAIR (4-4247) for help. You may also call the Guest and People Care Center line at (703) 269-5336 for help or for questions about the SMS/MMS Text Message Program.
- Message Frequency: SMS/MMS Text Message Program participants may receive up to four Text Message Alerts per week.
- Cost to Participate: Message and Data rates may apply. Check your mobile plan for details. Company is not responsible for any messaging or data charges incurred by SMS/MMS Text Message Program subscribers.
- SMS/MMS Text Message Program Content: Text Message Alerts will include informational alerts regarding appointments, the availability of stylists, services and products; events, polls, giveaways, promotions, and contests, and similar events; and future content which may be of specific interest to our individual subscribers.
- Location Information: You agree that Company may use location information (such as GPS data) from your mobile device when you are near a Company store and send you additional SMS and/or MMS messages based upon your location.
- Carriers Supported: SMS/MMS Program may not be available through all carriers. If your device does not support MMS messaging then you may receive an SMS message.
- SMS Supported Carriers: T-Mobile(R), AT&T, Verizon, Sprint, U.S. Cellular, Boost Mobile, Cricket, Virgin Mobile, Iowa Wireless, Metro PCS, ACS Wireless, West Central Cellular, Ntelos, Bluegrass, Plateau Wireless, AWCC, Cincinnati Bell, Cellular South, Carolina West Wireless, Immix Wireless/Keystone Wireless, Golden State Cellular, Cellcom, ECIT, GCI/Alaska Digitel, Inland Cellular, Illinois Valley, Nex-Tech, Chat Mobility, NW Missouri Cellular, NE Cellular One of PA, Element Wireless, MTPCS, Thumb Cellular, Viaero Wireless
T-Mobile is not liable for delayed or undelivered messages. MMS carriers and support are coming soon.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of a Digital Platform, or which, as determined by us, may harm the Company or users of a Digital Platform or expose them to liability.
Additionally, you agree not to:
- Use the Digital Platforms in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Digital Platforms, including their ability to engage in real time activities through the Digital Platforms.
- Use any robot, spider or other automatic device, process or means to access the Digital Platforms for any purpose, including monitoring or copying any of the material on the Digital Platforms.
- Use any manual process to monitor or copy any of the material on the Digital Platforms or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Digital Platforms.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Digital Platforms, the server on which the Digital Platforms are stored, or any server, computer or database connected to the Digital Platforms.
- Attack the Digital Platforms via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Digital Platforms.
Some of our Digital Platforms permit you to supply content, including information, profiles, goals, opinions, messages, comments, photos, and similar communications and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Digital Platform.
Any User Contribution you post to the Digital Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on a Digital Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose subject to your account settings.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Digital Platforms.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Digital Platforms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Digital Platforms. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Digital Platforms, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Digital Platforms infringe your copyright, you may request removal of those materials (or access to them) from the Digital Platforms by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Digital Platforms, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
c/o Ratner Companies, L.C.
1577 Spring Hill Road, Suite 500
Vienna, Virginia 22182
Attn: Legal (DMCA)
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Digital Platforms is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Reliance on Information Posted
The information presented on or through the Digital Platforms is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Digital Platforms, or by anyone who may be informed of any of its contents.
The Digital Platforms may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on our Digital Platforms from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Digital Platforms may be out of date at any given time, and we are under no obligation to update such material.
Changes to the Website
We may update the content on our Digital Platforms from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Digital Platforms may be out of date at any given time, and we a
Information About You and Your Visits to the Website
Online Purchases and Other Terms and Conditions
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Digital Platforms may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Digital Platforms.
- Send e-mails or other communications with certain content, or links to certain content, on the Digital Platforms.
- Cause limited portions of content on the Digital Platforms to be displayed or appear to be displayed on your own or certain third-party Digital Platforms.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Digital Platforms or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Digital Platform other than the homepage of our or Our Brands’ websites (i.e. http://www.haircuttery.com and http://www.bubblessalons.com).
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Digital Platforms contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Digital Platforms, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Digital Platforms is based in the Commonwealth of Virginia in the United States. We provide our Digital Platforms for use only by persons located in the United States. We make no claims that the Digital Platforms or any of their content is accessible or appropriate outside of the United States. Access to the Digital Platforms may not be legal by certain persons or in certain countries. If you access the Digital Platforms from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Gift Card Sales
Gift Cards; Redemption.
Gift cards for the Company’s retail stores and retail outlets are issued by Our Brands (“Gift Cards”). Any unused Gift Card balance will remain on your Gift Card. If a purchase exceeds your Gift Card balance, the remaining amount must be paid with another payment method.
Gift Cards may only be redeemed toward the purchase of eligible goods and services provided by the Brand that issued the Gift Card. For example, Hair Cuttery gift cards can only be used at Hair Cuttery salons and Bubbles gift cards can only be used at Bubbles salons. The gift cards can be used for service or retail purchase and cannot be redeemed for cash. Gift Cards are not acceptable forms of payment on cibuforhair.com.
Your Gift Card cannot be used to purchase other Gift Cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law.
Risk of Loss.
The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Gift Card is lost, stolen, or destroyed, or if your Gift Card is used without your permission.
Use of Gift Card in Violation of these Terms and Conditions.
We reserve the right to void Gift Cards, close customer accounts, and bill alternative forms of payment if we suspect that a Gift Card is obtained or used fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
Gift Card Limitation of Liability.
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR THE BALANCE THEREON, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD. 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, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Digital Platforms will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE DIGITAL PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PLATFORMS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE DIGITAL PLATFORMS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PLATFORMS IS AT YOUR OWN RISK. THE DIGITAL PLATFORMS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PLATFORMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE DIGITAL PLATFORMS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE DIGITAL PLATFORMS, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PLATFORMS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR DIGITAL PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE DIGITAL PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PLATFORMS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE DIGITAL PLATFORMS, ANY WEBSITES OR SERVICES LINKED TO THEM, ANY CONTENT ON THE DIGITAL PLATFORMS OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PLATFORMS OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU AND COMPANY HEREBY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
Please call our Guest and People Care Center at (703) 269-5336 or contact us using the “Contact Us” methods available on our Digital Properties.