Our Binding Arbitration Agreement


IMPORTANT! PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

IN GENERAL

To better protect our organization’s public benefit purposes and mission, Ameriscribe Braille Services, Inc. must take appropriate steps to defend against the high-cost of petty, frivolous and malicious lawsuits or claims. Therefore, except as otherwise expressly stated in your contract or otherwise expressly specified below, all actions, disputes, claims and controversies under common law, statutory law or in equity of any type or nature whatsoever, whether arising before or after the date of contract, purchase of product or services, any business dealing, meeting, or other agreement, and whether directly or indirectly relating to: (a) a contract, business dealing, product, meeting, or other agreement and/or any amendments and addenda hereto, or the breach, invalidity or termination hereof; (b) any previous or subsequent agreement between Ameriscribe Braille Services, Inc. and a vistor, guest, customer, client, partner, contractor, and/or any other entity or person; (c) any act committed by Ameriscribe Braille Services, Inc. or by any parent company, subsidiary or affiliated company of Ameriscribe Braille Services, Inc., or by any employee, agent, officer or director of Ameriscribe Braille Services, Inc. whether or not arising within the scope and course of employment or other contractual representation of Ameriscribe Braille Services, Inc. provided that such act arises under a relationship, transaction or dealing between Ameriscribe Braille Services, Inc. and customer, guest, visitor, client, partner, contractor, and/or any other entity or person, will be subject to and resolved by binding arbitration.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AMERISCRIBE BRAILLE SERVICES, INC. WEBSITES, PRODUCTS, AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AMERISCRIBE BRAILLE SERVICES, INC. AND ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS AND THIRD PARTY LICENSORS OF CONTENT SOLD THROUGH AMERISCRIBE BRAILLE SERVICES, INC. (COLLECTIVELY THE “AMERISCRIBE BRAILLE SERVICES, INC. PARTIES”) SPECIFICALLY MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO (A) THE AMERISCRIBE BRAILLE SERVICES, INC. WEBSITES OR THE PRODUCTS AND SERVICES; (B) THE AMERISCRIBE BRAILLE SERVICES, INC. CONTENT; (C) USER CONTENT; AND/OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO AMERISCRIBE BRAILLE SERVICES, INC. OR VIA THE SERVICES. IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, AND SYSTEM.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES SPECIFICALLY DO NOT WARRANT THAT THE WEBSITES, PRODUCTS OR SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AMERISCRIBE BRAILLE SERVICES, INC. DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OF ITS PRODUCTS, WEBSITES, OR SERVICES, OR REGARDING THE RESULTS OF THE USE OF THE SERVICES, WEBSITES, OR PRODUCTS IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, RELIABILITY, USEFULNESS OR OTHERWISE, UNLESS SPECIFICALLY SET OUT ON THE SERVICES. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITES, PRODUCTS, AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES DO NOT WARRANT THAT YOUR USE OF THE WEBSITES, PRODUCTS OR SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.

BY ACCESSING OR USING THE WEBSITES, PRODUCTS OR SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PRODUCTS OR SERVICES.

THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES ARE NOT RESPONSIBLE FOR THE USER CONTENT, ACCURACY OR OPINIONS EXPRESSED IN USER CONTENT POSTED OR PROVIDED BY THIRD PARTIES ON THE SERVICES OR LINKED SERVICES, AND SUCH SERVICES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY AMERISCRIBE BRAILLE SERVICES, INC. INCLUSION OF ANY LINKED WEBSITE OR FEATURE ON THE SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE OR FEATURE BY AMERISCRIBE BRAILLE SERVICES, INC. POSTS AND LINKED SERVICES CREATED AND POSTED BY USERS ON, THOUGH OR IN CONNECTION WITH THE SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES OR SERVICES. AMERISCRIBE BRAILLE SERVICES, INC. TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS OR LINKED SERVICES THAT ARE POSTED ON, THROUGH OR IN CONNECTION WITH THE SERVICES OR LINKED SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY THESE THIRD PARTIES. THIS “DISCLAIMERS” SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH AMERISCRIBE BRAILLE SERVICES, INC.

Limitations of Liability; Waiver

IN NO EVENT SHALL THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES BE LIABLE FOR ANY INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES RELATED TO: (A) THE WEBSITES, PRODUCTS, OR SERVICES; (B) THE AMERISCRIBE BRAILLE SERVICES, INC. CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE, PRODUCTS, OR SERVICES; (F) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE PRODUCTS OR SERVICES’ TECHNICAL OPERATION; OR (H) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU, IF ANY, TO AMERISCRIBE BRAILLE SERVICES, INC. IN THE PAST SIX MONTHS, OR $250, WHICHEVER IS GREATER. THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES’ OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES’ LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES, OR FOR THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES’ GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH AMERISCRIBE BRAILLE SERVICES, INC.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER AMERISCRIBE BRAILLE SERVICES, INC. CONTENT OWNED OR CONTROLLED BY THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER AMERISCRIBE BRAILLE SERVICES, INC. CONTENT OWNED OR CONTROLLED BY THE AMERISCRIBE BRAILLE SERVICES, INC. PARTIES.

BY ACCESSING THE SERVICES OR USING THE PRODUCTS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Indemnity

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Ameriscribe Braille Services, Inc. Parties from and against any and all loss, liability, damages, judgments, claims, demands, costs, investigations, settlements, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or directly or indirectly relating to (a) your User Content; (b) your use of the Services or activities in connection with the Services; (c) your breach or anticipatory breach of these Terms of Use; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; (g) the Ameriscribe Braille Services, Inc. Parties’ use of your information or User Content as permitted under these Terms of Use, the Privacy Policy, or any other written agreement between you and Ameriscribe Braille Services, Inc.; or (h) your use of or purchase of Ameriscribe Braille Services, Inc. products or Services. You will cooperate as fully required by the Ameriscribe Braille Services, Inc. Parties in the defense of any claim. The Ameriscribe Braille Services, Inc. Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Ameriscribe Braille Services, Inc. Parties. These indemnity obligations shall survive any expiration or termination of your relationship with Ameriscribe Braille Services, Inc.

Legal Disputes

If a dispute arises between you and Ameriscribe Braille Services, Inc., our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that relates to or arises out of the use or purchase of products, the Terms of Use or the Services or your use of the Services (a “Claim”) in accordance with the subsections below.

General. You and Ameriscribe Braille Services, Inc. agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof (collectively, “Disputes”) will be settled by binding arbitration; except that either party retains the right to bring an individual action in small claims court. Without limiting the preceding sentence, you will also have the right to litigate any other Disputes if you provide Ameriscribe Braille Services, Inc. with written notice of your desire to do so by email at info@ameriscribe.org or regular mail at our offices located at Ameriscribe Braille Services, Inc., 101 Bond Street, 3, La Porte, Indiana 46350-3888, Attn: General Counsel within seven (7) calendar days following the date you first agree to these Terms of Use (such notice, an “Arbitration Opt-out Notice”). If you do not provide Ameriscribe Braille Services, Inc. with an Arbitration Opt-out Notice within the seven (7) calendar day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth with respect to individual actions in small claims courts. You acknowledge and agree that you and Ameriscribe Braille Services, Inc. are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Ameriscribe Braille Services, Inc. otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Legal Disputes” section will be deemed void. This “Legal Disputes” section will survive any termination of these Terms of Use. Notwithstanding the foregoing, each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights or breach of the User Content and Activities provisions of this Agreement.

Arbitration Rules, Governing Law, Jurisdiction and Venue.

Governing Law

You agree that: (i) the products and Service shall be deemed solely based in the State of Indiana, USA; and (ii) the products and Service shall be deemed a passive one that does not give rise to personal jurisdiction over ABS, either specific or general, in jurisdictions other than Indiana. This Agreement shall be governed by the internal substantive laws of the State of Indiana, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in La Porte County, Indiana for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.

For any dispute with Ameriscribe Braille Services, Inc., you agree to first contact us at info@ameriscribe.org and attempt to resolve the dispute with us informally. In the unlikely event that Ameriscribe Braille Services, Inc. has not been able to resolve a dispute it has with you after attempting to do so informally withing three hundered and sixty-five (365)calander days, we each agree to resolve any claim, dispute, or controversy (excluding any Credible claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Section of these Terms of Use. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. These Terms and any action related thereto will be governed by the laws of the State of Indiana without regard to its conflict of laws provisions.

Arbitration Process.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides forms for use in arbitration proceedings including a Demand for Arbitration: Consumer Arbitration Rules here.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Indiana and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) calendar days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure.

Unless you and Ameriscribe Braille Services, Inc. otherwise agree, the arbitration will be conducted in La Porte County, Indiana where Ameriscribe Braille Services, Inc. resides. If your claim does not exceed $500, then the arbitration will be conducted solely on the basis of documents you and Ameriscribe Braille Services, Inc. submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $500, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision.

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of Limitation of Liability section of these Terms of Use as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Ameriscribe Braille Services, Inc. will retain the right and power to seek, under applicable law, to recover its reasonable costs and fees, including but not limited to attorneys’ fees, court costs, document fee, costs of discovery, and any other reasonable expenses if it prevails in arbitration.

Fees.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $100, Ameriscribe Braille Services, Inc. will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous, malicious, negligent, or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes.

If Ameriscribe Braille Services, Inc. changes this Legal Disputes section, you may reject any such change by sending us written notice (including by email to info@ameriscribe.org within thirty 30 calendar days of the date such change became effective, as indicated in the “Last Updated” date. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Ameriscribe Braille Services, Inc. in accordance with the provisions of this Section as of the date you first accepted the terms of these Terms of Use (or accepted any subsequent changes to these Terms of Use).

This “Legal Disputes” section shall survive any expiration or termination of your relationship with Ameriscribe Braille Services, Inc..

LAST UPDATED DATE: June 25, 2017

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