Updated and Effective: March 15, 2020
2. AAC’s Services. You may request a service provider (“Professional”) to contact you by providing AAC with personal information such as your name, address, email address, telephone number and the type of service you are seeking to have performed. AAC will attempt to locate a Professional to contact you regarding the type and location of the service you requested. AAC does not guarantee that it will locate a Professional to contact you regarding your service request. AAC does not deliver, and is not responsible for, any Professional products, services or advice. AAC is not an agent of any Professional, and Professionals are not employees or agents of AAC. Neither AAC nor any third party that refers you to the Professional sponsors, endorses, recommends or approves any Professional. While we try to confirm that Professionals meet certain requirements, we cannot and do not represent or warrant that any Professional is licensed, qualified, bonded, insured or capable of performing any service. We do not make any guarantees, warranties or representations of any kind regarding any Professional or any products, services or advice of any Professional, and neither we nor any third party that refers you to the Professional will be responsible for any action or inaction of any Professional. We do not guarantee that the service request can match your service needs with a Professional or that there are Professionals in your area that are capable of and willing to meet your service needs. You understand and acknowledge that AAC does not guarantee that it will pre- screen each Professional and AAC makes no, and expressly disclaims any guarantees, representations or warranties whatsoever with regard to these Professionals. The Professionals are provided to you on an “as is” basis.” Any quote or estimate provided in connection with the service request is only a guide, not a contractually binding offer, and is not a guarantee of the actual cost of your specific project. When a Professional provides you with products, services or advice, your rights will be governed by your contract with the Professional and by applicable federal, state and local laws.
3. Consent. By using AAC’s services you will be required to submit information about yourself and your service requirements. This information may be sent to Professionals or other partner entities which work with AAC who will respond to your service requests. You agree that your submission of your contact information constitutes your entering into a business relationship with AAC and its partners and therefore consent to being contacted by AAC, its partners as well as Professionals and other providers by phone, email, mail or other reasonable means at any of your contact numbers or addresses for services related to your service request. In the event that you are listed on a “Do Not Call” list, you hereby agree that phone calls and other contact stemming from your submission of contact information to AAC and its partners are permitted. You represent that your contact information is current, truthful and accurate.
4. Communication. When you contact us, when we contact you, or when you communicate with a Professional, we may monitor and/or record those communications for quality assurance, customer satisfaction and other purposes. Calls between you and Professionals that originate with a partner service may also be monitored and recorded. You consent to this monitoring and recording. By providing your telephone number, you consent to receive autodialed, pre-recorded or artificial voice calls and text (SMS) messages. We may also contact you for servicing your account, addressing complaints, billing or other account-related matters, or other purposes reasonably related to AAC’s services.
5. License. We hereby grant you a limited, revocable, non-exclusive, non-transferable and non- sublicensable right to access and use the AAC website for your personal, non-commercial (unless otherwise agreed by us) and informational use only, subject to your compliance with the Agreement. The AAC website, including all materials, content and information therein, arrangement and composition, and all trademarks, service marks or other brands or names of AAC (collectively, the "Content"), are the proprietary property of AAC and its suppliers and licensors and are protected by United States and international intellectual property laws, including trademark and copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in the Content or accompanying the services. Except for the limited license explicitly granted to you under this Agreement, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved.
6. No Objectionable Conduct. You agree that, in using the AAC website, AAC’s services and interacting with AAC, its partners or Professionals, you will not (i) engage in any form of harassment or offensive behavior, including making abusive, threatening, defamatory, racist, obscene, or offensive statements; (ii) engage in deceptive or fraudulent behavior; (iii) infringe or violate the privacy rights, property rights or any other rights of any person or entity; or (iv) violate any applicable law, rule or regulation.
7. Governing Law. This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Florida, exclusive of conflict or choice of law rules.
8. Dispute Resolution.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
In the event AAC is unable to resolve a complaint you may have to your satisfaction (or if AAC has not been able to resolve a dispute it has with you after attempting to do so), we each agree to resolve those disputes through binding arbitration instead of in court. Arbitration is more informal than a lawsuit in court. Arbitration uses neutral arbitrators instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and in court class actions are not permitted.
(a) Any dispute, claim or controversy among the parties arising out of or relating to this Agreement (“Dispute”) shall be finally resolved by and through binding arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (the “JAMS Rules”), provided that failure to adhere to any of the time limits set forth therein shall not be a basis for challenging the award.
You may obtain copies of the current rules and forms and instructions for initiating arbitration by contacting JAMS as follows:
JAMS, The Resolution Experts
600 Brickell Avenue
Miami, FL 33131
Web site: www.jamsadr.com
Telephone: (949) 224-1810 or (800) 352-5267
You agree that, by entering into this Agreement, you and AAC are each waiving the right to a trial by jury or to participate in a class action or class arbitration. Both the foregoing agreement of the parties to arbitrate any and all Disputes, and the results, determinations, findings, judgments and/or awards rendered through any such arbitration, shall be final and binding on the parties and may be specifically enforced by legal proceedings in any court of competent jurisdiction.
(b) The arbitration shall be conducted by three (3) arbitrators (unless the parties mutually agree to less). Each party shall select one arbitrator within 30 days of commencement of the arbitration, failing which, upon request of any party, JAMS shall appoint such arbitrator. The third arbitrator, who shall serve as Chairperson of the arbitral panel, shall be appointed by JAMS pursuant to Rule 15 of the JAMS Rules. The arbitrators must apply the terms of this arbitration agreement, including without limitation, the waiver of class-wide arbitration set forth below.
(c) The place of arbitration shall be Miami, Florida.
(d) The cost of the arbitration proceeding, including, without limitation, each party's attorneys' fees and costs, shall be borne by the unsuccessful party or, at the discretion of the arbitrators, may be prorated between the parties in such proportion as the arbitrators determine to be equitable and shall be awarded as part of the award.
(e) The arbitration provisions set forth herein, and any arbitration conducted thereunder, shall be governed exclusively by the Federal Arbitration Act, Title 9 United States Code, to the exclusion of any state or municipal law of arbitration.
(f) RESTRICTIONS ON ARBITRATION: ALL DISPUTES, REGARDLESS OF THE DATE OF ACCRUAL OF SUCH DISPUTE, SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, AND TO CERTAIN DISCOVERY AND OTHER PROCEDURES THAT ARE AVAILABLE IN A LAWSUIT. YOU ARE WAIVING, AND WILL NOT HAVE, THE RIGHT TO CONSOLIDATION OR JOINDER OF INDIVIDUAL DISPUTES OR ARBITRATIONS, TO HAVE ANY DISPUTE ARBITRATED ON A CLASS ACTION BASIS, OR TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. FURTHER, YOU AND AAC AGREE THAT THE ARBITRATORS HAVE NO AUTHORITY TO ORDER CONSOLIDATION OR CLASS ARBITRATION OR TO CONDUCT ANY FORM OF REPRESENTATIVE OR CLASS-WIDE ARBITRATION PROCEEDINGS, AND ARE ONLY AUTHORIZED TO RESOLVE THE INDIVIDUAL DISPUTES BETWEEN YOU AND AAC ALONE.
(g) THE SCOPE, VALIDITY, EFFECT, AND ENFORCEABILITY OF THE FOREGOING WAIVER OF CLASS ACTION LAWSUIT AND REPRESENTATIVE OR CLASS-WIDE ARBITRATION ARE TO BE DETERMINED SOLELY AND EXCLUSIVELY BY THE FEDERAL DISTRICT COURT LOCATED IN THE SOUTHERN DISTRICT OF FLORIDA OR FLORIDA STATE COURT IN MIAMI- DADE COUNTY AND NOT BY JAMS OR ANY ARBITRATOR. IF A LAWSUIT IS FILED THE PARTIES AGREE THAT THE ARBITRATION SHALL BE IMMEDIATELY STAYED, BY AGREEMENT OR COURT ORDER, UNTIL THE COURT CASE IS RESOLVED AND ALL APPELLATE REVIEW IS EXHAUSTED. THE COST OF PROCEEDINGS UNDER THIS SECTION, INCLUDING, WITHOUT LIMITATION, EACH PARTY'S ATTORNEYS' FEES AND COSTS, SHALL BE BORNE BY THE UNSUCCESSFUL PARTY.
(h) WITHOUT WAIVING THE RIGHT TO APPEAL SUCH DECISION, SHOULD ANY PORTION OF SECTION 8(f) BE STRICKEN FROM THIS AGREEMENT OR DEEMED OTHERWISE INVALID OR UNENFORCEABLE, THEN THIS ENTIRE SECTION 8 (OTHER THAN THIS SENTENCE) SHALL BE STRICKEN FROM THIS AGREEMENT AND INAPPLICABLE, AND ANY AND ALL DISPUTES SHALL PROCEED IN FEDERAL DISTRICT COURT LOCATED IN THE SOUTHERN DISTRICT OF FLORIDA OR FLORIDA STATE COURT IN MIAMI-DADE COUNTY AND BE DECIDED BY A JUDGE, SITTING WITHOUT A JURY, ACCORDING TO APPLICABLE COURT RULES AND PROCEDURES, AND NOT AS A CLASS ACTION LAWSUIT OR ANY OTHER REPRESENTATIVE SUIT.
9. Time Limit for Filing Claims. As a condition precedent to recovery, all claims under this Agreement must be filed in writing or electronically with AAC within six (6) months of your constructive knowledge that the alleged issue occurred.
Further, any demand for arbitration must be filed no later than one (1) year after your constructive knowledge that the alleged issue occurred.
Where claims are not filed or arbitration is not instituted thereon in accordance with the foregoing provisions, such claims shall be deemed waived and will not be paid.
10. Indemnification. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless AAC, its affiliates and their respective directors, officers, employees and agents from and against any and all third party claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from (a) your breach of this Agreement, and (b) your use of AAC’s services.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. LIABILITY. THE AAC SERVICE IS PROVIDED BY AAC LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. AAC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AAC SERVICE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AAC SERVICE IS AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF THE PERSONAL INFORMATION THAT YOU PROVIDE.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AAC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AAC DOES NOT WARRANT THAT THIS SITE, ITS SERVICES OR E-MAIL SENT FROM AAC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AAC (AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND STOCKHOLDERS) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FOR DISRUPTIONS IN THE AAC SERVICE, INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
12. Severability. If any provision of this Agreement shall be ruled unenforceable, then the remainder shall be enforced to the extent permissible.
13. Entire Agreement. This Agreement sets forth the entire agreement with respect to the subject matter hereof. This Agreement may not be altered, supplemented, or amended by the use of any other document(s).