Terms & Conditions

Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and Gaiaton (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference, collectively (“Terms of Use“), govern your access to and use of gaiaton.com and clams.lol, including any content, functionality, and/or services offered on or through gaiaton.com and clams.lol (singularly, a “Website,” collectively the “Websites“).

Please read these Terms of Use carefully before you start to use either or both of the Websites. They are agreement between you and us. By using the Websites, you acknowledge you have read, understand, accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use and/or our Privacy Policy, you should not access or use either of the Websites.

Gaiaton and its Affiliated Entities (as defined below) collectively own, operate, and maintain gaiaton.com and clams. All of the various pages contained therein, including subdomains, and the related products and services whether provided through any website owned, maintained or controlled by us, through a social network, a mobile application, on a cellular telephone or otherwise, and provide the Websites subject to these Terms of Use.

Gaiaton includes Gaiaton, LLC and its trustees, directors, officers, shareholders, members, employees, contractors, advisors, representatives, subcontractors, consultants, attorneys, agents, suppliers, distributors, licenses and licensors (current and past) and any affiliates, individually and collectively, and any related individuals or entities.

Affiliated Parties means Gaiaton, LLC and any related individuals, affiliates and subsidiaries, and any of their trustees, directors, officers, shareholders, members, employees, representatives, consultants, attorneys, agents, suppliers, distributors, licensees and/or licensors.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Websites thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on the date the change is posted on either Website.

Your continued use of the Websites following the posting of the revised Terms of Use means that you have read, understand, accept and agree to the changes. We encourage you to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Websites

We reserve the right to withdraw or amend the Websites, and any service or material we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entire Websites, to users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Websites.
• Ensuring that all persons who access the Websites through your internet connection are aware of these Terms of Use and comply with them.

To access the Websites or some or all of the resources it offers, you may be asked to provide certain information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, accurate, current, and complete. You agree that all the information you provide to use the Websites or otherwise, including, but not limited to, through the use of any interactive features on the Websites, is also governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Intellectual Property Rights

The Websites and their entire contents, features, and functionality (including but not limited to all information, features, functions, algorithms, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio elements, audio-video elements, software, text, displays, images, video, and audio, moral rights, downloadable materials, user interface, navigation, look and feel, and the design, selection, and arrangement thereof) are owned by the Company, its Affiliated Parties, licensors, and/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.

These Terms of Use permit you to use the Websites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Websites, except as follows:

• 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 must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Websites.

You must not access or use for any commercial purposes any part of the Websites or any services or products available through the Websites.

If you print, copy, modify, download, or otherwise use or provide any other person with access to the Websites or any part(s) thereof in breach of these Terms of Use, your right to use the Websites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by and to the Company. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may also violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms “Gaiaton,” “Gaiaton Cards”, “Gaiaton CTC,” “GCTC” 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 Websites are the trademarks of their respective owners.

License

All right, title and interest in and to the Websites and our services and products are and shall remain the exclusive property of Gaiaton and its Affiliated Parties. The Websites and our products and services are protected by copyright, trademark, and other laws of the United States and other countries. Nothing in these Terms of Use gives you the right to use or reproduce any of our trademarks, logos, domain names and other distinctive brand features.

On condition of your acceptance of these Terms of Use, we grant you a non-exclusive, limited, non-transferrable, freely revocable license to use the Websites and their contents for your personal, non-commercial use.

We reserve all rights not expressly granted herein.

Prohibited Uses

You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites:

• 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 send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, the employee(s) of any Affiliated Parties, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by us, may harm the Company or users of the Websites, or expose them to liability.

Additionally, you agree not to:

• Use the Websites in any manner that could disable, interrupt, overburden, damage, or impair the sites or interfere with any other party’s use of the Websites, including their ability to engage in real time activities through the Websites.
• Use any robot, spider, or other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.
• Modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and/or organization of our Websites or any portion thereof, except where required by applicable local law, and then only to the extent required by such law(s).
• Use any manual or automated process to monitor or copy any of the information on the Websites, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that automatically or manually interferes with the proper working of the Websites.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful and/or violate the security of any computer network or transfer or store illegal material.
• Use false information or impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, include anyone from the Websites or any person or entity otherwise affiliated with us.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites, the server on which the Websites are stored, or any server, computer, or database connected to the Websites.
• Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
• Engage in spamming, flooding, harvesting of email addresses or other personal information, or any other activity which is intended to obtain lists of users, their personally identifiable information or any other information we maintain about our Websites, visitors and customers.
• Post, upload, transmit, publish, reproduce or otherwise disseminate through the Site any Content that we determine in Our sole discretion is: (i) unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, inappropriate, discriminatory,  or otherwise infringes our or any third party’s rights; (ii) is derogatory or harmful to our reputation or that of any affiliated individuals or entities, including Affiliated Parties; (iii) is harmful to children in any manner; and/or (iv) seeks to or discriminates against any individual based on race, gender, national origin, sexual preference, physical or mental handicap or on any other basis;
• Attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Site or any of its Content and/or Services;
• Submit false or misleading information to Us.
• Otherwise attempt to interfere with the proper working of the Websites or any of their security features.

Reliance on Information Posted

The information presented on or through the Websites 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(s) to the Websites, or by anyone who may be informed of any of the contents.

The Websites may include content provided by third parties, including materials provided by third-party licensors and aggregators. 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. Their 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 party.

Changes to the Websites

The content of the Websites is not necessarily complete or up-to-date. Any of the information on the Websites may be out of date at any given time, and we are under no obligation to update such information or to do so on any particular schedule or timeframe.

Information About You and Your Visits to the Websites

All information we collect on the Websites is subject to our Privacy Policy. By using the Websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods formed through the Websites, or resulting from visits to our Websites made by you, are governed by these Terms of Use.

Links from the Websites

If the Websites contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them, their content and/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 our Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

We administer, control and operate the Websites from our offices in the State of Illinois, United States of America. The Websites are accessible world-wide. However, some of their features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Websites or our services and products are appropriate or authorized for use in all countries, states, provinces, counties, localities or any other jurisdictions. Your access and use of the Websites may not be legal in Your jurisdiction. If you choose to access, browse or use the Websites, you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable.  Access to the Websites may not be legal by certain persons or in certain countries.

The Site provides information of a general nature only. You are responsible for determining whether it applies to Your specific situation. We specifically disclaim any liability concerning any action that any individual may take based on any information or guidance provided at either Website.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that the information and documentation contained on our Websites 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. TO THE FULLEST EXTENT PROVIDED BY LAW, 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,  OTHER ELECTRONIC DEVICES, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY INFORMATION POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.

THE WEBSITES, INCLUDING ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF ANY OR ALL CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT THE WEBSITES OR THEIR CONTENTS AND/OR SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE WEBSITES AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUS(ES) THAT MAY INFECT ANY USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ANY USER’S ACCESS TO, BROWSING, OR USE OF EITHER WEBSITE OR THE DOWNLOADING OF ANY CONTENT ON EITHER WEBSITE. USERS ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS, REGULAR SYSTEM UPGRADES AND OTHER SECURITY CHECKS AND MEASURES) TO SATISFY THEIR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THROUGH EITHER WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

TO THE FULLEST EXTENT PROVIDED BY LAW, 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

AS A USER, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SITE.

Limitation on Liability

EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF OUR SITE OR INABILITY TO USE OUR SITE, OR FOR ANY SITE CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusion or limitation of consequential or incidental damages and, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.

IN NO EVENT SHALL WE BE LIABLE FOR ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY US OR ON BEHALF OF ANY USER ON OR THROUGH THE WEBSITES (INCLUDING ANY USER GENERATED SUBMISSIONS). IN NO EVENT SHALL OUR TOTAL LIABILITY TO ANY USER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (i) THE AMOUNT, IF ANY, PAID BY THE USER TO US FOR HIS/HER/ITS USE OF THE SITE OR FOR ANY OF HIS/HER/ITS ACTIVITIES ON THE SITE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (ii) NINE U.S. DOLLARS (USD$100.00), WHICHEVER IS GREATER.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its Affiliated Parties and our employees, contractors, agents, professional advisers, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to actual attorney’s fees and costs) arising from: (i) your use of and access to the Websites, including any data or content transmitted, submitted, viewed, or received by you; (ii) your violation of any provision of these Terms of Use and/or Our Privacy Policy, including your breach of any of the representations and warranties contained in these Terms of Use; (iii) your violation of any third party right, including any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; and/or (v) any other party’s access and use of the Websites and any of the Websites’ services or products with your unique username, password or other appropriate security code.

Termination

You may discontinue your use of our Websites at any time without informing us. We may, without prior notice, change the Websites and any of our services and products, stop providing them or any of their features to you or to users generally, or create usage limits for our Websites. We may permanently or temporarily terminate or suspend your access to our Websites without notice and without liability for any or no reason, including if, in our sole determination, you violate any provision of these Terms of User and/or our Privacy Policy. In particular, we may immediately terminate or suspend any Account that has been flagged for repeat infringement of any Marks or any other laws or Our Terms of Use and/or Privacy Policy.

Upon termination of Your access to or ability to use our Websites, including but not limited to suspension of your account, your right to use or access any services or products will immediately cease. All provisions of these Terms of Use that by their nature should survive termination, shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of our Websites shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to us or any third party.

Release

To the fullest extent permitted by law, you release us, our Affiliated Parties and our related individuals, affiliates and subsidiaries, and any of their trustees, directors, officers, shareholders, employees, representatives, consultants, attorneys, agents, suppliers, distributors, licensees and/or licensors from any and all responsibility, liability, claims, demands, and/or damages (actual, statutory and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) disputes between users, including those between you and other users; (ii) third party sites and services, including content found on such sites and services; (iii) disputes concerning any use of or action taken using your access credential by you or a third party; (iv) claims relating to the unauthorized access to any data communications or content stored under or relating to your access credentials, including unauthorized use or alteration of such communications.

If You are an individual and have a dispute with one or more users of the Websites, or with any party who provides advertising or third party services, on or through either Website, or with any party who provides a website link to or on either Website or from third party content which is posted on the Websites, you release us and our Affiliated Parties from all claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, special or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.  If you have a dispute with any third party in any way pertaining to our Websites, services and/or products, you release us and our Affiliated Parties from any and all claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, special or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.  You also waive California Civil Code § 1542 which says:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD  HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542. You agree not to file any action or lawsuit inconsistent with the foregoing release.

Dispute Resolution and Binding Arbitration.

BY AGREEING TO BINDING ARBITRATION, YOU AND Gaiaton ARE AGREEING 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 USE OF THE WEBSITES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT, AND THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR PRIVATE ATTORNEY GENERAL ACTION. This arbitration provision shall survive termination of these Terms of Use.

The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with its Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section. (The AAA Rules are available at adr.org 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.

Each party in an arbitration or small claims procedure will be responsible for their own legal fees.

If permitted by local law, you may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within sixty (60) days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR Gaiaton 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.

Pre-Filing Mediation.  In the event of a dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by overnight courier, a written Notice of Claim (“Notice”). If You are the claimant, the Notice to Us must be addressed to:  Legal Department, Gaiaton LLC, [email protected]. If We are the claimant, the Notice must be sent to the address We have on file for You in Your Account.  The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought.  Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court, as appropriate.

Settlement Offers:  During the arbitration, the amount of any settlement offer made by You or Us shall not be disclosed to the arbitrator.

Initiating A Claim: The form required to initiate an arbitration may be printed or downloaded from www.adr.org.  Alternatively, You may contact the arbitration administrator by calling 1-800-778-7879 or writing to the American Arbitration Association, 150 N. Michigan Ave., Suite 3050, Chicago, Illinois,  60601.

Location of Hearing:  Unless you and we agree otherwise, any arbitration hearings will take place in Chicago, Illinois. If your claim is for US$10,000 or less, we agree you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based.

Class/Private Attorney General Waivers:  YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate the claims of more than one party, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable as applied to any claim asserted by any individual, then the entirety of the arbitration provision set forth herein shall be null and void.

Injunctive Relief Limitation:  The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim.

Small Claims Procedure Alternative:  Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such a program) as an alternative to proceeding with arbitration.

Opt-Out Provision

You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class and private attorney general action waivers specified in these Terms of Use by doing the following. Within 15 days of your first accessing either Website, you must send a letter to us at Gaiaton, LLc, that specifies Your (1) name, (2) IP address(es), (3) mailing address, and (4) request to be excluded from the final, binding arbitration procedure and class/private attorney general action waivers specified in these Terms of Use.  All other Terms of Use shall continue to apply to you, including the requirement to participate in pre-dispute mediation.  You are not required to send the letter by certified mail, return receipt requested or overnight courier, but it is recommended that you do so.  Your request to be excluded will only be effective and enforceable if you can prove the request was postmarked within the applicable 15-day deadline.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Websites from California are entitled to the following specific consumer rights notice:  The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Notice For New Jersey Users

The following sections shall not apply to users of the Websites from New Jersey:  Disclaimers/No Warranties, Limitation of Liability and Jurisdiction.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OUR PRIVACY POLICY, AND/OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY TIME BARRED.

Jurisdiction

If any court of competent jurisdiction finds the above arbitration and/or class action waiver provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the federal and state courts located in Chicago, Illinois, and the related appellate courts, in any related action or proceeding.  Further, you irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts in Chicago, Illinois, and the related appellate courts, in any related action or proceeding and agree shall to not raise any claims as to Chicago, Illinois being an inconvenient forum.

Governing Laws

You agree the laws of the United States of America and the laws of the State of Deleware, without regard to any principles of conflicts of laws, will govern these Terms of Use, our Privacy Policy, your use of the Websites, and all matters relating to your access to, and/or use of, the Websites, including all disputes between you and us.  You also agree that: (i) the Websites shall be deemed solely based in Deleware; and (ii) the Websites shall be passive sites that do not give rise to personal jurisdiction over us, either specific or general, in any jurisdiction other than Illinois.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any part of these Terms of Use is determined to be invalid or unenforceable under applicable law, including the warranty disclaimers and liability limitations stated elsewhere herein, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in full effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Gaiaton regarding the Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether electronic, written or oral, regarding the Websites, our services and our products.

These Terms of Use shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained in or on the Websites, including Our Privacy Policy; provided, however, these Terms of Use shall prevail in the event of a conflict with any such other documents. Any rights not expressly granted in these Terms of Use are reserved to us.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent as other business documents and records originally generated and maintained in printed form.

Miscellaneous

These Terms of Use constitute the entire agreement between you and us and govern your use of the Websites and our services and product.

These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.

No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.

Except as otherwise expressly provided in these Terms of Use, there shall be no third party beneficiaries to this agreement. For the purpose of clarity, our Affiliated Parties, and other representatives, affiliates and subsidiaries, and any of their trustees, directors, officers, shareholders, employees, representatives, consultants, attorneys, agents, suppliers, distributors, licensees or licensors are intended to be and are considered third party beneficiaries of this agreement.

By submitting your phone number to opt-in forms on this website you agree to receive promotional messages sent via an autodialer, and this agreement isn’t a condition of any purchase. You also agree to the Terms of Service and Privacy Policy 4 Msgs/Month. Msg & Data rates may apply.

We may terminate these Terms of Use for any or no reason at any time by notifying you through a notice on the Websites or by any other method of communication provided elsewhere herein. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder.