Thank you for visiting our website or mobile application on which these Terms and Conditions reside (collectively, the "Platform"), which is owned and provided by ZX Ventures Limited (including its affiliates, "ZX"). Your use and access of the Platform is governed by and subject to the following Terms and Conditions. Your use and access of the Platform is governed by and subject to the following Terms and Conditions. If you do not agree to these terms, or if you do not agree with our Privacy Policy, please do not use the Platform or any services offered by the Platform. For the Terms and Conditions regulating the sale of the Products on the website please visit this page. BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS, INCLUDING BINDING ARBITRATION AND WAIVER OF A RIGHT TO JURY TRIAL, AND YOU REPRESENT AND WARRANT THAT YOU ARE TWENTY-ONE (21) YEARS OLD OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE YOUNGER THAN TWENTY-ONE (21) YEARS OLD, DO NOT USE THIS WEBSITE.
PART 1: GENERAL TERMS AND CONDITIONS
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INFORMATION ABOUT US
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We operate the website www.perfectdraft.com (the “site”). We are ZX Ventures Limited (“ZX”) a company registered in England and Wales under company number 03023279 and with our registered office at Fetter Lane, EC4A 1EN.
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HOW WE USE YOUR PERSONAL INFORMATION
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We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
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AGE REQUIREMENTS
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You must be 21 years old or older to use this site, our social media pages and/or purchase Products.
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We (including our affiliates) are not allowed by law to supply Products to you if you do not satisfy legal age requirements. If you are underage, please do not attempt to order these Products through our site and cease to use the site immediately.
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OUR RIGHT TO VARY THESE TERMS
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We amend these Terms from time to time and your continued use of the site following any changes shall be deemed to be your acceptance of such change. From time to time, we may revise these Terms and Conditions. If we are required by law to obtain your express consent for any changes to the Terms and Conditions, then we will make a commercially reasonable attempt to obtain your consent before implementing such revisions.
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PART 2: TERMS AND CONDITIONS RELATING TO YOUR USE OF THE SITE AND OF OUR SOCIAL MEDIA PAGES
This section of the Terms apply to you regardless of whether you are a private individual, a trade customer or other legal entity using the site and regardless of whether or not you purchase Products from the site.
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ACCEPTANCE OF TERMS AND CONDITIONS
Your access to and use of the site and of the Services, as defined in the following Clause 6, is subject exclusively to these Terms. You will not use the site or Services for any purpose that is unlawful or prohibited by these Terms. By using the site and/or Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms you must immediately stop using the site and any Services.
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THE SERVICES
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The site may provide communication tools such as bulletin boards, forums and/or other message or communication facilities (“the Services”) designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.
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You acknowledge and agree that the Services are public and not private communications.
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We may make changes in the information and content included in this site and any time without notice. We shall not be responsible for any detrimental reliance you may place on this site or its contents.
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SURVEYS AND CONTESTS
From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and address) and demographic information (such as zipcode and age). Contact information will be used to notify the winners and award prizes. Information disclosed will be used in accordance with our Privacy Policy.
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ACCEPTABLE USE
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You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. ZX will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
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In using the site, our social media pages and/or Services you agree not to:
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use this site for anything other than personal, non-commercial use;
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you may not modify any part of the site other than as may be reasonably necessary to use the site for its intended purpose;
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use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
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post, publish, distribute or disseminate material or information that is defamatory, libelous, obscene, indecent, threatening, abusive, harassing or unlawful;
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post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their sex, race, religion, disability, nationality or otherwise;
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threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
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use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
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promote the excessive, irresponsible or underage consumption of alcohol. User-generated content of this nature will not be condoned. Any content of this sort will be deleted without further notice;
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make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
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collect or store personal information about others, including email addresses;
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advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
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impersonate any person or entity for the purpose of misleading others;
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violate any applicable laws or regulations;
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use the site or Services in any manner that could damage, disable, overburden or impair the site or Services or interfere with any other party’s use and enjoyment of the site or Services;
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post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
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attempt to gain access to any of the Services, other accounts, computer systems or networks connected to the site or Services through hacking, password mining or any other mining or any other means.
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share the contents of the site, Services and/or our social media channels with people who are not of legal drinking age.
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The data contained on this site belongs to ZX. Users of the site are strictly prohibited from recording any data on the site with automated programs, software, or any other method of web scraping or crawling.
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ZX is under no obligation to monitor, screen or sanction the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove at any time and without notice any material that breaches these Terms or is otherwise objectionable.
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TERMINATION
We have the right to terminate your access to any or all of the Services or site at any time, without notice, for any reason, including without limitation, breach of these Terms. We may also at any time, at our sole discretion, discontinue the site or Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the site or Services.
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LINKS TO THIRD PARTY WEBSITES
The site or Services may include links to third party websites that are controlled and maintained by others. We are not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked site, unless specifically stated therein. You acknowledge and agree that we have not reviewed all sites linked to this site and is not responsible for the content or availability of any such sites. Your linking to other off-site pages or other sites is at your own discretion and risk. You should carefully read the policies of any site you visit. Also, in the event that you use any social media site to comment upon ZX and/or its affiliates or any of its products, you agree that you will always clearly and conspicuously disclose any material connection you have with ZX and/or its affiliates (if any) or any consideration you may receive from ZX in connection with your comment (if any). Under no circumstances are you authorized to make any claim regarding ZX and/or its affiliates or any of its products on any social media site regardless of any material connection you may have with Anheuser-Busch or your receipt of any consideration. IF YOU MAKE ANY CLAIM REGARDING ZX AND/OR ITS AFFILIATES OR ANY PRODUCTS ON A SOCIAL MEDIA SITE IN VIOLATION OF THE FOREGOING, YOU, AND NOT ZX OR ITS AFFILIATES, SHALL BE THE SOLE AUTHOR OF SUCH CLAIM AND SHALL BE SOLELY LIABLE THEREFORE.
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LINKS FROM THIRD PARTY WEBSITES
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You may link to the home page of the site, provided you do so in a way that is fair and legal and does not damage PerfectDraft or any of its products reputation or take advantage of it, but you must not establish a link in such a way was to suggest any form of association, approval or endorsement on PerfectDraft’s part where none exists.
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You must not establish a link from any website that is not owned by you.
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INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical data exported from the U.S.A. or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
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INTELLECTUAL PROPERTY RIGHTS
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ZX and/or its affiliates are the owner of copyright in this site. Pictures, graphics, text, images of places or people are either the property of ZX and/or its affiliates or used on this site with permission of the owner of the intellectual property. No portion on this site, including but not limited to the text, images, audio or video, may be used in any manner, or for any purpose, without our express written permission, except if indicated herein.
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By entering this site you acknowledge and agree that any name, logo, trademark or service mark contained on this site is owned by ZX and/or its affiliates and may not be used without prior written approval. Your use of any of these materials is prohibited unless specifically provided for on the site. Modification, repostment or use of the material on this site that would damage the reputation of ZX, its affiliates, or its partners, or any model or person, violates ZX’s legal rights. ZX and/or its affiliates will enforce its intellectual property rights to the full extent of the law. Any unauthorized use of all, part, or any aspect of ZX’s or its partners’ Intellectual Property may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.
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Except as expressly provided herein, nothing on the site shall be construed as conferring any license under ZX’s and/or its affiliate’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, ZX may revoke any of the foregoing rights and/or your access to the site, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
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By using this site you acknowledge and agree that any communication or material you transmit to this site, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you submit to ZX through this site will become and remain ZX’s property and therefore may be used by ZX anywhere, anytime and for any reason whatsoever, without notice, compensation or any other obligation to you or any other person.
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INDEMNITY
You agree to indemnify and hold ZX harmless from and against any breach by you of these Terms and any claim or demand brought against ZX by any third party arising out of your use of the site, Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by ZX in consequence of your breach of these Terms.
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DISCLAIMERS AND LIMITATION OF LIABILITY
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USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE AND WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY.
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By entering this site you acknowledge and agree that your use is at your own risk and that this site, its owners, officers, directors, employees, or any of the parties involved in creating, producing, or delivering this site are not liable for any damages whatsoever, including any direct, incidental, consequential, indirect or special damages, or any other losses, costs or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, regardless of whether or not such liability or damages arise in contract, tort, negligence, equity, statutorily, or otherwise, in any connection with the access to, the use of, or browsing of this site or in connection with any content, information, data, promotions, activities, associated with this site, or in connection with your downloading of any materials, text, data, images, video or audio from this site, including but not limited to anything caused by any transmission defects, viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections. The foregoing shall apply even if ZX was advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS. If you become dissatisfied in any way with the SIRE Terms and Conditions or Privacy Policy , your sole and exclusive remedy is to stop your use of the Platform and its services. You hereby waive any and all claims against ZX and its affiliates, agents, representatives and licensors arising out of your use of the Platform—except in the event ZX fails to take reasonable security precautions as described in our Privacy Policy or is otherwise negligent.
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You specifically acknowledge that ZX shall not be liable for user submissions to the Services or the defamatory, offensive, or illegal conduct of any third party and the risk of harm or damage from the foregoing rests entirely with you.
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ZX makes no warranty that the site or Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the site or Services will be uninterrupted or error free, that defects will be corrected or that the site or Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
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Nothing in these Terms shall be construed so as to exclude or limit the liability of ZX for death or personal injury as a result of the negligence of ZX.
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DIGITAL MILLENNIUM COPYRIGHT ACT
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ZX and its affiliates are committed to respecting and protecting the legal rights of copyright owners. As such, ZX adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a "DMCA Takedown Notice"). To be valid, a DMCA Takedown Notice must (i) be provided to ZX designated agent, ("Copyright Agent"), as set forth below, and (ii) include the following:
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A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
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Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
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Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
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A statement that you have 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
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A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
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ZX’s and its affiliates Copyright Agent to receive DMCA Takedown Notices is: email: trademarks@anheuser-busch.com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Platform. You acknowledge that in order for ZX and its affiliates to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
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ABILITY TO ACCEPT TERMS AND CONDITIONS
You affirm that you are more than 21 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms and Conditions, and to abide by and comply with the Terms and Conditions.
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TECHNICAL FAILURES
ZX and its agents are not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections of failed, incomplete, corrupted or delayed computer transmissions which may limit a participant’s ability to participate in a contest.
PART 3: OTHER IMPORTANT TERMS
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GENERAL
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We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.
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You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
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Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
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If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
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Any controversy or claim arising out of your use of the Platform, these Terms and Conditions, and/or our Privacy Policy shall be settled by binding arbitration before Judicial Arbitration and Mediation Services (“JAMS”), in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Please go to www.jamsadr.com to see a complete copy of the JAMS Rules and Procedures or to submit a claim for arbitration.
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In resolving a claim for arbitration, the arbitrator shall apply Missouri law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate the dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. Disputes regarding the arbitrability of any claim shall be resolved by the arbitrator.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
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