Terms and Conditions

Terms and Conditions

Last Revised: October 22, 2024

Welcome and thank you for your interest in the Advance Your Reach, LLC website (the “Site”) owned and operated by Advance Your Reach, LLC (the “COMPANY”, “We”, “Our”, or “Us”). These Terms of Service govern your access and use of the Site and all publicly available content, services and/or products provided by the Us, including through the Site (collectively, the “Services”). Visitors to the Site and users of the Services are referred to herein individually as “User” and collectively as “Users”.

By accessing and using the Site or Services, you accept without modification of all the terms and conditions contained herein and all other operating rules, policies (including without limitation Our Privacy Policy), any future modifications that may be published from time to time without notice to you or liability for such change on the Site or otherwise provided to you, and any additional terms and conditions to which you have agreed in connection with specific features, applications, products, or services provided by the Site or the Services (collectively, the “Terms”). In order to access some Services, you may have to create an account, pay a Membership Fee, and become a registered user of the Services. If you are entering into these Terms on behalf of an entity or any third-party, such as a company you control, you represent that you have the legal authority to bind that entity to these Terms. BY ACCESSING, BROWSING, AND/OR OTHERWISE USING THE SITE OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE AND ALL OTHER POLICIES AND PROCEDURES POSTED ON THE SITE.

IF YOU DO NOT AGREE TO BE BOUND BY SUCH AGREEMENTS, THEN YOU MUST IMMEDIATELY CEASE ACCESS, BROWSING OR OTHERWISE USE OF THE SITE OR THE SERVICES.

Please read carefully, and note our MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION.

By either filling out our contact form in order to use the Services, you give us express written consent to contact you by phone (mobile or land line), or e-mail, or text messages to (i) provide notices regarding your account or account activity, (ii) investigate or prevent fraud, or (iii) collect a debt owed to us. You agree that we may contact you using autodialed or prerecorded message calls and text messages to carry out the purposes we have identified above. We will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes at the telephone number(s) you designate unless we receive your prior express written consent. You do not have to consent to receive autodialed or prerecorded message calls or texts in order to use the Services. We will not share your mobile phone number(s) with third parties for marketing purposes. Standard telephone minute and text charges may apply. YOU EXPRESSLY AGREE THAT WE MAY CONTACT YOU EVEN IF YOU HAVE PREVIOUSLY REGISTERED YOUR PHONE WITH A FEDERAL OR STATE “DO NOT CALL” REGISTRY.   You have the right to withdraw your consent and may opt-out of receiving phone calls by contacting us in any of the methods listed in the “Contact” section of the Website. In addition, you may opt-out of e-mails by clicking the “unsubscribe” link in any e-mail we send to you, and may opt-out of text messages by replying “STOP” to text messages you receive from us or by contacting us using the contact information below. When we receive your request, we will take reasonable steps to remove your name from our distribution lists. Please be advised that it may take a period of time to remove your name from our lists after your request due to technology and other limitations, and therefore you may still receive materials for a period of time after you opt out. If you opt-out and then re-enable any of these services, you will be deemed to have again given us your express written consent to contact you via any services you re-enable.

1. INTELLECTUAL PROPERTY

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us using the contact information listed in the section entitled “Contacting Us”.

By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to the COMPANY through the website, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting the COMPANY, and anyone authorized by COMPANY, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant the COMPANY, and anyone authorized by the COMPANY, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.  For the sake of clarification, nothing contained in this section is meant to transfer ownership of any of my underlying intellectual property that you may share with the Companies. This provision is referring to the Impressions and recordings in which you appear.

2. ABILITY TO ACCEPT TERMS AND CONDITIONS

You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

3. REFUND POLICY

The COMPANY offers online registration for a number of its programs. Current refund policies are as follows, and may change from time-to-time. If the program or product is not listed below we do not offer refunds on those programs or products.

1. Execution Workshops

1. You are responsible for full payment of fees for the entire program and/or services, regardless of whether you have selected a lump sum or monthly payment plan. You must satisfy the total payment allocated to the agreed upon workshop before attending.
2. You may cancel your Execution Workshop order within three business days from the date of order. To further clarify, no refunds will be issued after three business days, and all monthly payments must be paid on a timely basis.
3. If monthly payment becomes more than 30 days late, the entire balance becomes due and payable at day 31.
4. Should a circumstance arise where you cannot attend the Execution Workshop for which you registered, your ticket is transferable to the same Execution Workshop scheduled to a future date within one year of purchase subject to availability. If such a transfer is deemed necessary, you will be charged a $500 change fee for coaching, staffing resources, and other expenses that COMPANY contracted to deliver an amazing experience for your original date selection.
   

2. All Access Digital Pass (Excluding the following: some online challenge content, Stage to Scale Method Digital Course or any portions or smaller trainings derived from Stage to Scale Method Digital Course, any recordings of Execution Workshops unless specifically granted access by COMPANY)

1. The All Access Digital Pass is offered to you subject to payment of an annual nonrefundable membership fee (the “Membership Fee”). In order to access the Services, you will have to create an account, pay the Membership Fee, and become a registered user of the Services. There is no refund for the Annual fee, whether paid in monthly installments, and whether paid in full or pro rata for any days not used in the event of termination of access to the Services.
2. Please be advised that any and all agreements for downloadable/digital products in the All Access Pass are NOT subject to cancellation, refund or store credit.   We do not accept any verbal modifications of these Agreements and the “no refund and no cancellation” policy stated in the Agreements is strictly adhered to.
3. You may request to cancel the automatic renewal at any time, but any cancellations submitted prior to the full term of the agreement will only cancel the auto-renewal of the annual fee and your monthly invoices for the full term will still be due and owing until the full value of the agreement has been paid in full.
4. If you have any problems accessing the digital content you have purchased, or you need to cancel your automatic renewal, please contact our Customer Experience Department immediately at info@advanceyourreach.com or call 719-203-5712 during the hours of 10 AM – 6 PM EST, Monday through Friday, so we can resolve the issue.
5. Digital product purchases do not grant rights to the buyer to share, reproduce or resell the product in any way.
6. Any store credit offered has a 1 year from credit issuance expiration date. For example, if the store credit is issued to you on September 25, 2024, it will expire on September 24, 2025.
   

3. Stage to Scale Method Digital Course (with or without Group Coaching), Stage to Scale Method Online, Stage to Scale Method Alumni Coaching
   There is an initial 72 business hour refund period, after which there are NO REFUNDS available for any digital courses other than those specifically stated in this Section 3 Part C. In order to maintain access to the content, monthly payments must be made. In the event your payment fails, access to the content will be revoked.

1. Stage To Scale Method with Group Coaching “S2S with Coaching Program”:

1. We offer a satisfaction guarantee with all Stage to Scale Method with Group Coaching purchases. If after four weeks in the S2S with Coaching Program and upon completion of all assignments, you have not won a stage, you may request a full refund for the product. However, in order to qualify for the refund, you must submit proof that you did every assignment as it was assigned and you achieved no results in the form of a stage win. In the event that you decide  you would like to request this conditional refund, within 4 weeks of purchase, contact our support team at info@advanceyourreach.com and let us know you’d like a refund by the 30th day post-purchase at 11:59 PM MT.
2. You must include proof of assignment completion with your request for a refund. If you request a refund and do not include your assignments, you will not be granted a refund.
3. A refund will NOT be given unless you have completed the assignments and submitted the proof explained above.  If AYR cannot verify your compliance from the information you provided, then no refund will be given.
4. We will also NOT provide refunds more than 30 days following the date of purchase. After day 30, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.
5. Please note: If you opted for a payment plan and have not refunded according to the refund policy within 30 days, you are required to complete the remaining payments of your payment plan.
6. All refunds outside of this policy are discretionary as determined by COMPANY

2. Stage To Scale Method without Coaching:

1. We offer a 14-day conditional refund for purchases on the Stage to Scale Method. However, in order to qualify for a refund, you must submit proof that you did the work in the course and it did not work for you. In the event that you decide you would like to request this conditional refund, within 14 days of enrollment, contact our support team at info@advanceyourreach.com and let us know you’d like a refund by the 14th day at 11:59 PM MT.
2. You must include your coursework with your request for a refund (and when applicable, you must also return any physical items shipped to you as outlined below). If you request a refund and do not include your coursework and the return of any physical products originally shipped to you with a postmark or proof of shipping by the 14th day, you will not be granted a refund.
3. The work and items that you need to submit with your request for a refund includes ALL of the following items:

1. Completed handouts and/or worksheets for all exercises in Modules 1 and 2 for any courses with handouts and/or worksheets included.
2. For the Stage to Scale Method with Coaching included, you must also provide the dates and times of at least 1 live (not recorded) coaching call that you attended for AYR to verify your participation from AYR’s records.

4. Return any physical products that you received with the Stage to Scale Method to the following address:

ATTN: Advance Your Reach
PO Box 63138
Colorado Springs, CO 80962

5. A refund will NOT be given unless you have completed the exercises and submitted the proof explained above.  If AYR cannot verify your compliance from the information you provided, then no refund will be given.
6. We will also NOT provide refunds more than 14 days following the date of purchase. After day 14, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.
7. Please note: If you opted for a payment plan and have not refunded according to the refund policy within 14 days, you are required to complete the remaining payments of your payment plan.
8. All refunds outside of this policy are discretionary as determined by COMPANY

3. Stage To Scale Method plus One-on-One Coaching: 
   This program includes:

1. Eight (8) one-on-one coaching sessions that must be used within 10 weeks of the date you sign your product purchase agreement or they will be forfeited.

4. Lifetime* Access to the 2022 Stage To Scale digital curriculum and subject to the refund policy described in Section 3 C (i) above. (*Lifetime access to any version of Stage To Scale in this context means for as long as the materials are made available to its members).
   

4. For any digital programs not specifically mentioned in their own separate section, the following terms and conditions apply:

1. There is an initial 72 business hour refund period, after which there are NO REFUNDS available.
2. In order to maintain access to the content, payments must be made when due. In the event payment fails, access to the content will be revoked.
3. So long as you have completed your payments for a digital program, you will have lifetime access to the program.
4. Lifetime access to a digital program means for as long as the materials are made available to its members.
5. Digital product purchases do not grant rights to the buyer to share, reproduce or resell the product in any way.

5.  Platform Mastery Coaching

1. Platform Mastery is a Pay as you go program with six and twelve coaching session options. All payments for the coaching program are due at the time of contract signing.
2. All coaching sessions must be used within a 12 month period.
3. There are no refunds for unused sessions.
4. AYR will assign the coach and reserves the right to monitor each coaching session (or certain coaching sessions) to ensure quality assurance.
   

6. Ideal Client Handbook

1. There is an initial 72 business hour refund period, after which there are NO REFUNDS available for this product.
   

7. Challenges & Other Online Events/Trainings/Interviews, (including but not limited to Rise Up World Challenge 2020, Platform Tour 2021)

1. You agree that all videos for COMPANY Challenges or Other Online Events/Trainings/Interviews come down after the event. In paying to enter an event you do not under any circumstance own the content delivered in the event. This content will only be available during the duration of the event unless otherwise offered as a digital product for sale by COMPANY and subject to the below event terms and conditions.
2. You may request a refund within 72 hours of purchase of any event registration fees only.
3. Add-on orders originating from Challenges or Other Online Events/Trainings/Interviews (i.e: backstage pass access, access to recordings after challenges are completed, or digital resource, workbook, or tool downloads purchased on order form; “Order Bumps”), and any one-time-offers (“OTO’s”) originating in the sales funnel for the event (i.e.: tickets to virtual or live events or strategy sessions) are NOT eligible for a refund.
4. Any requests for refunds of the event registration fees after 72 hours from purchase are not eligible for a refund.
5. All refunds outside of this policy are discretionary as determined by COMPANY.
6. Any event digital recording packages purchased will include recordings of guests speakers UNLESS a guest speaker does not grant permission to COMPANY to use their recorded likeness, image, or voice, which does occur from time to time and is not within the control of COMPANY.
7. Digital recording packages may or may not include bonus events, such as multi-hour live streams of special guests on designated days.
8. All packages purchased or bids for giveaways for The Platform Tour 2021 are non-refundable.
9. If you win a bid you are agreeing that you will pay the full amount that was bid on any prize, package, or any other giveaway.
10. You also agree that the company reserves the right to contact you via phone, email, or other form of communication to collect payment.  
11. Packages paid for or bids towards giveaways do not qualify as a tax deductible donation.
12. Packages are subject to change upon the guests that appear.
13. You are responsible for full payment of fees for the entire program and/or services, regardless of whether you have selected a lump sum or monthly payment plan. You must satisfy the total payment allocated to the agreed upon package level before accessing and packages speaker resources or other content.

8. SPECIAL EVENTS (Half-Day Workshops, Masterminds, VIP Days, Luncheons not tied to another event, Yacht or Boat Cruises, etc.)

1. For tickets to attend the Special Event, no refunds will be issued after 72 hours from purchase.
2. All payments must be received before participating in the Special Event, defined as Half-Day Workshops, Masterminds, VIP Days, Luncheons not tied to another event, Yacht or Boat Cruises, or an event not otherwise covered by the above Section A through G .
3. Should a circumstance arise where you cannot attend a Special Event for which you registered, your ticket is transferable to another party, but is not  subject to refund or transfer to a future event.
4. You authorize the company to charge your credit or debit card, or cash your check, as indicated, as payment for your participation in any auction event known as the Annual Yacht Party Experience to benefit a charitable entity (hereinafter referred to as the “Contribution”). Furthermore, you (hereinafter referred to as the “Contributor”) agree that you are responsible for full payment of fees for the entire Contribution.  No refunds will be issued after your Contribution has been processed. All payments must be received before participating in any special event (“Special Event”) that is included in one of the auction items (i.e.: Impact Mastermind, celebrity experiences, etc.). Should a circumstance arise where you cannot attend a Special Event for which you made a Contribution to attend, your ticket is transferable to another party but is not subject to refund or transfer to a different date.
5. You agree that if you purchased a ticket to a Special Event, that all videos filmed, shown, or otherwise a part of the Special Events are not included in your Special Event ticket but may be available for separate purchase in COMPANY’s sole discretion.  In paying to attend a Special Event, you do not under any circumstance own the content delivered and are not allowed to film, copy, audio record or reproduce the Special Event. This content will only be available during the duration of the Special Event unless otherwise offered as a digital product for sale by COMPANY and subject to COMPANY’s terms and conditions.
6. All refunds outside of this policy are discretionary as determined by COMPANY.

9. SIGNATURE TALK JOURNEY

1. If you are signing up for the Signature Talk Journey product, you can sign up for either an annual or monthly payment plan with a 6-month minimum commitment on the monthly payment plan option. Your payment plan will automatically renew on a monthly or annual basis as applicable. You can cancel your payment plan at any time. If you cancel your payment plan, you will not receive a refund or credit for any amounts that have already been billed.

4. PRODUCT DELIVERY / MEMBERSHIP SITE / CONDUCT

1. For products that you purchase from us that are delivered through a download link, you will be given a URL to access and download the product(s) you purchased.  In such instances, you agree not to share the download link with other people who did not purchase the product(s).
2. For products that you purchase from us that are delivered through a membership site, you will be given a user name and password to access the course materials and tools. In such instances, you agree not to share your login information with other people who did not purchase the product(s).  You will not sell access to this program or duplicate and sell any of it’s content without written permission.
3. Where applicable, the membership site is meant for informational purposes only. It is not intended as specific medical, legal, commercial, financial, tax or other professional advice. Use of the information on the membership site and this web site are at your own risk.
4. Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.
5. We reserve the right to discontinue or modify without notice or liability, any portion of this web site.  However, in the rare event that We decide to discontinue a particular online product or service you have paid for, We will either fulfill the services for the duration of the specific term that you paid for, or in our sole discretion, We will offer you a refund for the services that were not yet rendered.  If no specific duration was specified for how long a particular online product or service will be available, such product or service will be made available to you for a minimum of one year, or for however long We continue to support that version of the program, whichever is later.
6. You affirm, represent, and warrant that your participation on this web site and the content you submit does not relate to pornography, illegal activities of any kind, occult, hate, or racism.  You also represent and warrant that content you submit does not violate the intellectual property rights of third parties. Company reserves the right to make the final decision regarding what is appropriate. Company further reserves the right to remove content or terminate your account without prior notice for a violation of this provision.
7. You understand and agree to not place an unreasonable burden on the server hosting this web site or membership site, to not interfere with the running of this web site and to not attempt unauthorized access to any portion of this web site.
8. You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
9. You understand and agree not to post or transmit any information, software or other material that contains a virus or other harmful component.
10. You agree that any ideas, suggestions, or improvements that you provide to Company about Company’s products or services shall be owned by Company and that Company is free to include such ideas in future products without compensation to you.
11. You agree and understand that by participating in any group coaching program with Company, Company reserves the right to record such group coaching calls/meetings and Company shall be the owner of such recordings.  Company shall have complete authority to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display the group coaching calls, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose.  If you do not wish to be recorded, then please do not participate in any group coaching calls/meetings.
    

5. PRIVACY

Please read the Privacy Policy  carefully to understand how COMPANY collects, uses and discloses personally identifiable information from its users.  The Privacy Policy is hereby incorporated by reference as part of these Terms and Conditions.

6. THIRD PARTY REFERENCES/HYPERLINKS

This site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.

7. CONTACTING US

If you need to contact us, you can email us at info@advanceyourreach.com, call us at (719) 203-5712, or send us a letter at: Advance Your Reach, PO Box 63138, Colorado Springs, CO 80962.

8. DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

9. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.  Any provision herein to the contrary notwithstanding, the maximum liability of COMPANY to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any Content delivered to You hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to COMPANY by You for the Content whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of COMPANY arising out of this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the web site and any services rendered hereunder and that, were COMPANY to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.

10. INDEMNIFICATION

Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this site.

11. SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and COMPANY with respect to this site and supersedes all prior or contemporaneous communications between you and COMPANY with respect to this site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

12. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware. You hereby consent to binding arbitration in the State of Delaware to resolve any disputes arising under this Terms and Conditions.

13. ARBITRATION OF DISPUTES

Except for payment/collection issues or infringement of Company’s intellectual property, which can be heard by a court of competent jurisdiction, the parties agree that any dispute or claim in law or equity arising between them regarding the use of this web site or these Terms and Conditions, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in Delaware.  The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this Agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of Delaware. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited discovery.  Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.

NOTICE: BY USING THIS WEB SITE YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL.  YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER.  YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS WEB SITE.

14. CLASS ACTION WAIVER

ARBITRATION OR ANY OTHER LEGAL ACTION ARISING IN CONNECTION WITH THE USE OF THIS WEB SITE, THE SERVICES OFFERED THROUGH THIS WEB SITE, OR THESE TERMS AND CONDITIONS MUST BE ON AN INDIVIDUAL BASIS, WHERE ALLOWED BY APPLICABLE LAWS. THIS MEANS NEITHER YOU NOR COMPANY MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

15. ATTORNEYS’ FEES

In any dispute, action, proceeding, or arbitration regarding the use of this web site or these Terms and Conditions, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys’ and experts’ fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys’ fees, costs and expenses upon appeal).