TERMS OF SERVICE
This website is owned and operated by Elexa Consumer Products, Inc. and its subsidiaries and affiliates (collectively “Elexa,” “Guardian by Elexa” “Dome by Elexa” “we,” “us,” or “our”). These Terms of Service (“Terms”) and our Privacy Policy govern your legal rights to use or access our services, software, mobile application, and this website (collectively “Services”) in conjunction with our hardware products or devices (“Products”). Please read these Terms and our Privacy carefully before using the Services. By using or accessing our Services, you signify your acknowledgement and assent to the terms and conditions of use set forth below. These Terms and the Privacy Policy (together with other user agreements, where applicable) constitute a binding legal agreement between you and Elexa (this “Agreement”). If you do not agree with these Terms, please do not use our Services. Please read these Terms closely because they contain important information.
GENERAL
CHANGES TO THE AGREEMENT AND TERMS
ACESS AND USE
TRADEMARKS AND COPYRIGHT
USER CONTENT
FREE TRIAL AND SUBSCRIPTIONS
REFUND POLICY
INCORRECT PAYMENTS
THIRD PARTY SERVICES
SOFTWARE UPDATES
USER COMMUNICATIONS
PRODUCTS AND SOFTWARE
INDEMNIFICATION
NO REPRESENTATIONS OR WARRANTIES
LIMITATIONS OF LIABILITY
JURISDICTION OF LAW
DISPUTE RESOLUTION
DISPUTE NOTICE
ARBITRATION PROCESS AND PROCEDURE
HEARING
ARBITRATOR'S DECISION
SMALL CLAIMS AND GOVERNMENT ACTIONS
OPT OUT PROCEDURE
SEVABILITY AND SURVIVAL
PRIVACY
GENERAL
This Agreement represents the entire understanding relating to your use of the Services and prevails over any prior or contemporaneous, conflicting or additional communications between you and Elexa. All rights not expressly granted herein are reserved by Elexa.
Specific areas or pages of this website may include additional or different terms relating to the use of our Services. In the event of a conflict between such specific terms and these Terms, the specific terms shall control.
The term “you,” as used in these Terms, includes any person or entity who is the owner of the Product and creates an account associated with the Product (“Owner”), as well as any person or entity authorized to access or use the Owner’s Products and Services (“Authorized Users”). Authorized Users are responsible for their own actions in connection with the Products and Services, but Owner hereby agrees to be fully responsible for all actions taken by Authorized Users relating to the Owner’s Products, Services and account. As a result, if you are an Owner, you should authorize only those individuals that you trust to access your account, Products, and Services. You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
CHANGES TO THE AGREEMENT AND TERMS
Elexa is free to revise these Terms or any other part of the Agreement at any time by updating this page. If we make changes to these Terms that we consider material, we will make reasonable efforts to notify you by placing a notice on the Elexa, GetGuardian or DomeHA website, notifying you through the Services, by sending you an email, and/or by some other means. By continuing to use our Services after such changes, you are expressing your acknowledgement and acceptance of the changes. Please check these Terms periodically for updates.
We’re always trying to improve the Products and Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. Similarly, we reserve the right to remove any content from the Services at any time, for any reason, in our sole discretion, and without notice.
We are also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
ACESS AND USE
All right, title and interest in the Services and Content (as defined below) of Elexa provided through the Products and Services (including information, documents, logos, graphics, designs and images) are owned by Elexa, its licensors, or designated third parties. Subject to these Terms, Elexa grants you a limited, non-transferable, non-exclusive right to access and use the Services for the sole purpose of monitoring and controlling the Products installed on your property and solely for your personal, non-commercial use.
Privacy and other laws applicable in your jurisdiction may impose certain responsibilities on you and your use of the Products and Services.
You may be required to sign up for an account, and select a password and user name (“User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. Also, you will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
You represent, warrant, and agree that you will not contribute any Content or otherwise use the Services or Products or interact with the Services or Products in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including us); (b) Violates any law or regulation, including any applicable privacy or export control laws; (c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (d) Jeopardizes the security of your Elexa account or anyone else’s (such as allowing someone else to log in to the Services as you); (e) Attempts, in any manner, to obtain the password, account, or other security information from any other user; (f) Violates the security of any computer network, or cracks any passwords or security encryption codes; (g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); (h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means); or (i) Copies or stores any significant portion of the Elexa Content.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
TRADEMARKS AND COPYRIGHT
Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Elexa or any third party, whether by estoppel, implication or otherwise. All trademarks and trade names are the property of their respective owners.
Except as otherwise noted, Elexa is the owner of all trademarks and service marks on this website, whether registered or not, including, without limitation, Guardian by Elexa® and Dome by Elexa®. Elexa expressly forbids the unauthorized use of its logos, trademarks or other graphics to create links. All registered trademarks are registered in the United States of America (and/or other applicable jurisdictions).
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Elexa, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.
USER CONTENT
You are solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Products or Services . You represent and warrant that (a) you own the Content posted by you or otherwise have the right to post the Content and grant the license set forth below, and (b) the posting and use of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You hereby grant Elexa and its licensees an unlimited, irrevocable, fully paid and royalty-free, perpetual, worldwide right to re-use, distribute, store, delete, translate, copy, modify, display, sell, create derivative works from and otherwise exploit such Content for any purpose and in any media formats in any media channels without compensation to you. You acknowledge that information from use of the App may be used by insurance companies and affiliates, analysts, data collection services, risk assessment parties and others for use in evaluating risks, damage assessment and mitigation, loss prevention and control, and other purposes. You shall not use, reproduce, modify, upload, publish, transmit, distribute, display, or otherwise exploit for any purposes whatsoever any Content: (i) not owned by you without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
FREE TRIAL AND SUBSCRIPTIONS
Auto-Renewal for Paid Subscriptions. Unless you opt out of auto-renewal, which can be done through your account settings by removing your payment information or by contacting us, any paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or discontinue your paid Services at any time, go to account settings or contact us. If you terminate a paid Service, you may use your subscription until the end of your then-current term and your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period, except as set forth in the Refund Policy below. Your non-termination or continued use of a paid Service reaffirms that we are authorized to charge your payment method for that paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the paid Service.
REFUND POLICY
Product Refund. If, for any reason, you decide to return Product that you purchased from us for a refund, you must notify us and return the Product to us within thirty (30) days from the date the Product was delivered to the shipping address provided. Unless the Product is faulty or not as described, you will be responsible for all costs associated with returning the Product to us (including uninstallation and the cost of shipping the Product back to us). We will refund the price you paid for the Product excluding original shipping charges.
Prorated Subscription Refund. If you cancel your annual Plan subscription at any time within the first ten (10) months of your subscription period, you will be charged the monthly subscription fee (i.e., for the monthly subscription plan) for each month of your annual subscription period prior to your cancellation, and you may be eligible for a refund for the remainder of your annual subscription fee. You are only eligible for such refund if all the following conditions are met: (i) you have cancelled your annual subscription within the first ten (10) months of your current annual subscription period, and (ii) you have returned your device to us at or after such cancellation. We will not issue a refund for any unused portion of your monthly subscription.
INCORRECT PAYMENTS
If we charge less than the correct or advertised amount on a transaction, we have the right for thirty (30) days after the original transaction date, to complete subsequent transaction attempts in order to rectify the incorrect payment. Should this occur, you have the right to reject such charge and cancel your original transaction for a full refund in accordance with our Refund Policy.
THIRD PARTY SERVICES
You may be allowed to access or acquire products, websites, applications, content or services from third parties (“Third Party Services”) through our Services or website. A description or reference to any Third Party Service by or through our Services (including any description or reference via hyperlink) does not imply endorsement by Elexa of such Third Party Service. These Third Party Services are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Elexa has no control over the content or policies of such Third Party Services, and we are not responsible for (and under no circumstances shall we be liable for) the contents, accuracy, reliability, quality or security of any such Third Party Service. Those who choose to access information provided by third parties (including any information obtained through our Services) are solely responsible for the compliance of such information with any applicable law.
SOFTWARE UPDATES
From time to time, Elexa may develop updates, upgrades, patches and other modifications to improve the performance of the Services and/or the Products or for other reasons in our sole discretion (“Updates”). You agree that Elexa may automatically install such Updates without providing any additional notice to you or receiving any additional consent from you.
USER COMMUNICATIONS
Elexa is pleased to hear from its customers. However, we do not accept or consider any unsolicited creative ideas, suggestions or other materials related to products, services or marketing, except in compliance with the procedures that may be otherwise be provided to you. Please do not send us any original creative materials, such as product ideas or suggestions, except in compliance with such procedures. Anything you disclose or offer to us by or through this website or our Services (“communications”), including e-mails to Elexa or postings on interactive portions of this website, shall be deemed and shall remain the property of Elexa. If you send us such communications, you do so on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such communications. Elexa is free to use, for any purpose whatsoever, any communications, including but not limited to publishing, developing, manufacturing, and marketing our Products or Services using such communications. By submitting communications to us through this website, via e-mail, or by any means, you hereby RELEASE Elexa from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any such communications. By uploading or otherwise providing any communications to this website or to Elexa, you hereby grant Elexa, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify, and create derivative works from such communications for any purpose and in any media without compensation to you.
PRODUCTS AND SOFTWARE
Downloading or using our software (including our mobile application) does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software, presented upon download of such software, and these Terms. Our software is copyrighted by Elexa or its licensor(s), and may be protected by one or more patents owned by Elexa or its licensor(s). Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble or otherwise reverse engineer the software. Products and software offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software.
These Terms apply to your use of all the Services, including software that may be downloaded to your smartphone or tablet to access services (“Application”) via the App Store from Apple or the Android app market from Google (the “App Store”), but the following additional terms also apply to the Application:
(a) Both you and Elexa acknowledge that the Terms are concluded between you and Elexa only, and not with the App Store, and the App Store is not responsible for the Application or the Content; (b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Products and Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Products and Services; (c) You will only use the Application in connection with a device that you own or control; (d) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; (e) Both you and Elexa acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and (f) Both you and Elexa acknowledge and agree that the App Store and its affiliated entities are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
INDEMNIFICATION
You acknowledge and agree that you will defend, indemnify and hold Elexa harmless against all claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with any claim brought against us by any third party as a result of any Elexa products installed on your property.
NO REPRESENTATIONS OR WARRANTIES
Elexa makes no representations or warranties that our Services are free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Elexa’s computer systems. YOU USE THE SERVICES AT YOUR OWN RISK. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THE SERVICE, AND YOU AGREE TO HOLD ELEXA HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON YOUR USE OF THE SERVICE, INCLUDING CLAIMS FOR LOST DATA OR CONTENT, WORK DELAYS OR LOST PROFITS RESULTING FROM YOUR USE OF THE SERVICES.
EXCEPT FOR THE LIMITED WARRANTY PROVIDED ON OUR WEBSITE, OUR PRODUCTS AND SERVICES ARE PROVIDED ‘AS IS,’ AND ELEXA DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DO WE IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE OR THE SERVICES. WE DO NOT WARRANT THAT OUR PRODUCTS OR SERVICES WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ELEXA BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, THE PRODUCTS, OR THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ELEXA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PRODUCTS OR SERVICES AT ISSUE WITHIN THE PRIOR TWELVE (12) MONTHS. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. ELEXA DISCLAIMS ALL LIABILITY OF ANY KIND OF ELEXA’S LICENSORS AND SUPPLIERS. UNDER NO CIRCUMSTANCES WILL ELEXA BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
JURISDICTION OF LAW
Elexa controls and manages this website from its facilities in the State of Illinois in the United States of America. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region.
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois and the United States of America, without giving effect to any principles of conflicts of law.
DISPUTE RESOLUTION
Mandatory, Bilateral Arbitration and Waiver of Class Actions.
Please read this carefully. It affects your rights. YOU AND ELEXA AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICES AND OR PRODUCTS, TO THIS AGREEMENT, OR TO THE CONTENT, ANY RELATIONSHIP BETWEEN US AND/OR THE SERVICES SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that (1) you may assert claims in small claims court if your claims qualify; and (2) this agreement to arbitrate does not include your or Elexa’s right to seek injunctive or other equitable relief in state or federal court in Illinois to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1, et seq., and federal arbitration law apply to this Agreement and govern all questions as to whether a dispute is subject to arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms.
“Disputes” shall include, but are not limited to, any claims or controversies between you and Elexa against each other related in any way to or arising out of in any way from this Agreement, the Services, the Products, the Content, including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Elexa, even if the claim arises after you or Elexa has terminated Services or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) Elexa brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and Elexa, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with Elexa; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.
DISPUTE NOTICE
Before initiating an arbitration, you and Elexa each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be sent to: Elexa Consumer Products Inc. 2275 Half Day Rd. Suite 160 Bannockburn, IL 60015 Attention: Legal Department, or emailed to Legal@elexausa.com We will provide a Notice of Dispute to you via the email address associated with your Elexa account. You and Elexa agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until a forty-five (45) day post-notice resolution period expires. If an agreement cannot be reached within such forty-five (45) days of receipt of the Notice of Dispute, you or Elexa may commence an arbitration proceeding.
ARBITRATION PROCESS AND PROCEDURE
Unless you and Elexa agree otherwise in writing, arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in the county where you reside. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION. Further, unless both you and Elexa expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.
YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND ELEXA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.
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 relief warranted by that party's individual claim.
Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and Elexa each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
HEARING
If your claim does not exceed $10,000, you and Elexa agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and Elexa submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or Elexa, or deemed necessary by the arbitrator, you and Elexa agree that the hearing will be conducted telephonically or videographically.
ARBITRATOR'S DECISION
An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
FEES
It is each parties’ responsibility to pay any JAMS filing, case management/administrative, and arbitrator fees as set forth in the JAMS Rules. If your claim for damages does not exceed $25,000 and you follow the dispute notice procedure set forth above, Elexa will pay all such fees unless the arbitrator finds that either the substance of your Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)).
SMALL CLAIMS AND GOVERNMENT ACTIONS
As an alternative to arbitration, you or Elexa may resolve Disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Elexa on your behalf.
OPT OUT PROCEDURE
If you do not wish to be bound by the arbitration and class-action waiver provisions in these Terms, you must notify us in writing within 30 days (or such longer period, if required by applicable law) of the date that you first accept these Terms. To opt out, please mail a notification including your name, the email address for your customer account, your mailing address, and a statement that you do not wish to resolve disputes with Elexa by arbitration to Elexa Consumer Products Inc. 2275 Half Day Rd. Suite 160 Bannockburn, IL 60015, Attention: Legal Department – Opt Out. Any opt out sent in accordance with this paragraph affects only these Terms, and shall not affect the other arbitration agreements between you and Elexa (whether entered into before or after these Terms). If you do not opt out in writing in accordance with this paragraph, you agree to be bound by the arbitration and class-action waiver provisions of these Terms.
SEVABILITY AND SURVIVAL
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us.
PRIVACY
Please see our Privacy Notice for information regarding the collection and use of personal information collected through our Products and Services.
Despite any representations concerning privacy, Elexa reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.
