Welcome to Policyware, a website located at
www.policyware.org (the “Site”) and operated by Policyware, LLC
(“Policyware”, “us”, “our”, and “we”). Policyware provides the Site and
services provided through the Site (“Services”) including our online public policy
(“Terms”) set forth the legally binding terms for your (“User”, “you”, and
“your”) use of the Services. By accessing or using the Services, you are
accepting these Terms and you represent and warrant that you have the right,
authority, and capacity to enter into these Terms. If you do not agree with all
of the provisions of these Terms, do not access and/or use the Services. You
may not access or use the Services or accept the Terms if you are not at least
18 years old.
The Company respects the privacy of its users. Please refer
how we collect, use, and disclose information that pertains to your
privacy. When you access or use the
Our Site may provide informational
and educational content. All content on this Site is for informational and
educational purposes only, is general in nature, and under no circumstance does
the content on our Site undertake to give advice for your particular situation.
The content on our Site is not meant to be relied upon by Site visitors in
reliance on making any decisions. In the event that you use the information provided
through our Site or Services, we assume no responsibility.
We may include a contact form on our
Site that allows you to get in touch with us to inquire about our Services,
provide feedback, or request collaborations. Our contact form may ask for your
personal information such as your name, email address, phone number, and reason
for your inquiry.
Account Creation. In order to use certain features of the Services, you must
register for an account with us (“your Account”) and provide certain
information about yourself as prompted by the registration form. You represent
and warrant that: (a) all required registration information you submit is
truthful and accurate; (b) you will maintain the accuracy of such information.
You may delete your Account at any time, for any reason, by following the
instructions on the Site. We may suspend or terminate your Account in
accordance with the Terms and Termination.
Account Responsibilities. You are responsible for maintaining the confidentiality
of your Account login information and are fully responsible for all activities
that occur under your Account. You agree to immediately notify us of any
unauthorized use, or suspected unauthorized use, of your Account or any other
breach of security. We cannot and will not be liable for any loss or damage
arising from your failure to comply with the above requirements.
From time to time, Users
may submit reviews or testimonials of their experience with the Services; these
reviews do not constitute a guarantee, warranty, or prediction regarding the
outcome of any future matter. We will have no responsibility or liability of
any kind for any User Content (defined below) you encounter on or through the
Site, and any use or reliance on User Content is solely at your own risk.
Reviews may only be submitted based on User’s actual experience with the
Services. All reviews must be accurate, lawful, and abide by our Acceptable Use
Policy (below). We reserve the right, in its sole discretion to remove/delete,
or respond to any reviews that we believe may be untruthful, unlawful, or
violate our Acceptable Use Policy.
If you provide to us (directly or indirectly, and by any means) any comments, feedback, suggestions, ideas, or other submissions related to the Services (collectively “feedback”), the Feedback will be the sole property of Policyware. We will be entitled to use, reproduce, disclose, publish, distribute, and otherwise exploit in any manner, all Feedback without restriction and without compensating you in any way. We have no obligation to maintain any Feedback in confidence, or to respond to any Feedback.
. Certain aspects of the Services may be
provided for a fee, subscription or other charge. If you purchase a
subscription from Policyware, this subscription will automatically renew at the
end of each billing cycle, at which point you will automatically be charged on
your anniversary date for the next billing cycle. If you upgrade your
subscription you will be prorated for the remainder of the billing cycle and
you will be billed the full price of the upgraded subscription the following
month. One-time purchases will be charged at the time of the transaction.
Policyware may add new services for additional fees and charges, add or amend
fees and charges for existing services, at any time in its sole discretion. Any
change to our pricing or payment terms shall become effective in the billing
cycle following notice of such change to you as provided in these Terms.Payment Information; Taxes
. All information that you provide in connection with
a purchase or transaction must be accurate, complete, and current. You agree to
pay all charges incurred by users of your credit card, debit card, or other
payment method used in connection with a purchase or transaction at the prices
in effect when such charges are incurred. You will pay any applicable taxes, if
any, relating to any such purchases or transactions.
Period or Discount Rates
. We may offer free trial subscriptions or discount introductory
subscriptions to the Service, in our sole discretion, to allow Users to become
familiar with the many benefits of the subscription plans we offer. Trials and
introductory offers are available to new (first-time) Users only, limited to
one per household, and cannot be combined with any other offer. We will begin
charging your card the applicable subscription fee at the then-current rate on
the first day following the end of your trial or introductory offer period. YOU
MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL OR INTRODUCTORY
OFFER PERIOD TO AVOID HAVING YOUR CARD CHARGED. Chargebacks
If you have a dispute concerning any payment transaction, please contact us at [email protected]
. If, at any time, you contact your bank or
credit card company to reject the charge of any payable fees (“Chargeback”),
this act will be considered a breach of your payment obligations, and we
reserve the right to automatically terminate your use of the Services. We
reserve the right to dispute any Chargeback and take all reasonable action to
authorize the transaction. In the event
of a Chargeback, your User Account may be terminated and any files, data, or
content contained in your Account may be subject to cancellation. We will not be liable for any loss of files,
data or content as a result of a Chargeback. Without limiting other available
remedies, you must pay Policyware upon demand for amounts owed under these
Terms, plus interest on the outstanding amount at the lesser of one percent
(1%) per month or the maximum interest allowed by applicable law, plus
attorneys’ fees and other costs of collection to the extent permitted by
Cancellation. Users may cancel their Account or any paid Service at any
time by following the instructions in your Account. If you cancel Services that
were a part of any automatic recurring subscription, those Services will
terminate at the end of your current billing cycle. If you wish to cancel any
Service before you are automatically charged for the next billing cycle, we
recommend you take the steps necessary to cancel such Services no later than
five (5) days before the end of the current billing cycle to allow enough time
for the cancellation to process.
Policyware may implement
a location feature where the Services will automatically collect your
geolocation information if you provide your consent. IF YOU WANT TO STOP THE
AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY REMOVING
LOCATION PERMISSIONS FROM YOUR BROWSER AND/OR USING THE PRIVACY SETTINGS ON
YOUR DEVICE AND/OR BY UNINSTALLING THE APP.
also consent to Policyware communicating with you about the Service or in
connection with the features, functions and activities contained on the
Services by SMS, text message, email, social media, or other electronic means.
Your carrier's normal messaging, data and other rates and fees will apply to
these communications. You may opt-out of receiving SMS or text messages at any
We may provide a mobile application (“App”) as another platform for accessing the Services. Some of the functionality of the Services may only be available on the App and such functionality may vary between types of users. To use the App you must have a mobile device that is compatible with the App. We do not warrant that the App will be compatible with your mobile device.
You may not: a) modify, disassemble, decompile or reverse engineer the App; b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party; c) make any copies of the App; d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or e) delete the copyright and other proprietary rights notices on the App.
App Stores. You acknowledge and agree that the availability of the Mobile Apps is dependent on the third-party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge that these Terms are between you and Policyware and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
License to Use Site. We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal use.
Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated in these terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to these Terms. All copyright and other proprietary notices on any Services content must be retained on all copies.
Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, except and if otherwise expressly set forth in these Terms.
No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services.
Ownership of the Services. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including the Site, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to the intellectual property rights. We reserve all rights not granted in these Terms.
. “User Content” means any and all information and content that a user submits to or posts on: (a) the Services and (b) on social networking sites where we have a page or presence. You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available on our social networking sites and on the Services. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. We reserve the right to remove any User Content from the Service at our discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
● You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
● You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
● You will abide by our Acceptable Use Policy below; and
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
License. You grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. Your permission to use the Services is conditioned upon the following use and conduct restrictions: You agree that you will not under any circumstances:
● post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
● use the service for any unlawful purpose or for the promotion of illegal activities;
● attempt to, or harass, abuse or harm another person or group;
● use another user’s account without permission;
● provide false or inaccurate information or impersonate another person when registering an account;
● interfere or attempt to interfere with the proper functioning of the Service;
● make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
● use the Site or any of its contents to advertise or solicit, for any commercial purpose or to compete, directly or indirectly, with our Service;
● bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
● publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
User Guidelines. Policyware may create additional user guidelines (“User Guidelines'') that share expectations of how Users should interact with one another in order to create an enjoyable experience on the Site. By accepting these Terms, you agree that Policyware, in its sole discretion, may enforce such User Guidelines and suspend or terminate your Account for violations of such User Guidelines.
Reporting Abuse. If you see User Content or activity from another User that does not align with our guidelines or Terms, please let us know. We will consider all reports and take each report seriously. However, due to the diversity of our community, it is possible that content disagreeable to you might not meet the criteria to be removed. We do our best to moderate the community and ultimately, the decision of whether to keep or remove content from our Platform is ours to make. Sometimes that just means giving someone a warning; other times it means revoking certain privileges or accounts entirely.
Feedback. If you provide us any feedback or suggestions regarding the Services (“Feedback”), you assign to us all rights in the Feedback and agree that we will have the right to use the Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content, (c) your violation of these Terms; or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Cloud Providers. We may use cloud computing services or other third-party service providers (“Cloud Providers”) to make the Services available. You acknowledge and agree that we will not be responsible or liable to you for any act, omission or failure of any Cloud Provider.
Social Media. We may offer functionality on the Service the allows you to connect the Service to your Facebook, Twitter, Instagram or other social media accounts (“Social Media Accounts”). If you choose to connect your Account with any Social Media Accounts, you will be able to take advantage of various social features Policyware may already have or will be creating, as part of the Service, as well as features available on such Social Media Accounts. These features will generally be designed to share information with others. For example, your friends and others who have access to view information about you on Facebook may be able to see (on Facebook and on the Service) that you are a user of the Service, and other information about your use of the Service. You may also be able to see similar information about your Facebook friends who are users of the Service. Please pay careful attention to your relevant Social Media Account settings in your Policyware Account as well as your privacy settings in your Social Media Accounts which will impact this feature, when available, and may give you some control over the information that is shared and with whom it is shared. By connecting your Account to any Social Media Account, you acknowledge and agree that you are consenting to the continuous release of information about you to others, including to the relevant Social Media Account (in accordance with your privacy settings on such Social Media Account and your settings on the Service). If you do not want information about you to be shared in this manner, please change your settings appropriately. Policyware and social media sites are continually making changes and improvements to this feature, and therefore the available features and information that are shared may change from time to time. These changes may take place without notice to you and may not be described in these Terms. Your continued use of the feature signifies your consent to the sharing of your information across platforms.
Third Party Sites, Third-Party Content. As part of the Service, we may provide you with convenient links to third party website(s) (“Third-Party Sites”) as well as content or items belonging to or originating from third parties such as applications, software, or content (collectively the “Third-Party Content”). These links are provided as a courtesy to Users. We have no control over Third-Party Sites and Third-Party Content or the promotions, materials, information, goods or services available on these Third-Party Sites or Third-Party Content. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Links to Our Site. You are permitted to link to our Site, provided that you do so in a way that is fair and legal and does not damage our reputation. You may not link to our Site in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You may not deep-link to any page of this site for any purpose whatsoever unless the link is expressly authorized in writing by us. We reserve the right to withdraw permission for any link.
Release. You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users or Third Party Sites, and Third-Party Content. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE SERVICES, INCLUDING THE SITE, ARE PROVIDED “AS-IS” AND
“AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT,
ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (a) WILL
MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR
OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE SERVICES WILL BE
TO YOUR SATISFACTION.
makes no representation that materials on this Site are appropriate or
available for use in locations outside the United States. Access to this site
from countries or territories where such access is illegal is prohibited. Those
who choose to access this Site outside the United States do so on their own
initiative and are responsible for compliance with local laws.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
IN NO EVENT WILL POLICYWARE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNTS YOU’VE PAID POLICYWARE IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Subject to this Section, these Terms will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate these Terms, at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of these Terms, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content from our live databases. We will not have any liability whatsoever to you for any termination of these Terms, including for termination of your Account or deletion of your User Content. Upon termination of these Terms, all of the provisions will terminate except those that by their nature should survive.
We respect the intellectual property of others and ask that users of our Site and Services do the same. In connection with our Site and Services and in accordance with the Digital Millennium Copyright Act’s (“DMCA”), we have adopted and implemented a policy respecting copyright laws that provide for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
● your physical or electronic signature;
● identification of the copyrighted work(s) that you claim to have been infringed;
● identification of the material on our Services that you claim is infringing and that you request us to remove;
● sufficient information to permit us to locate such material;
● your address, telephone number, and e-mail address;
● a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
● a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our designated Copyright Agent is:
Attn: Copyright Compliance Department
If you receive a notification from Policyware that material made available by you on or through the Site has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Policyware with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to Company's Designated Agent through one of the methods identified above, and include substantially the following information:
● A physical or electronic signature of the subscriber;
● Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
● A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
● The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which Company may be found, and that the subscriber will accept service of process from the person who provided notification above or an agent of such person.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND POLICYWARE HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Policyware agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Choice of Law. These Terms are made under and will be governed by and construed in accordance with the laws of the District of Columbia, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Claim Limitations. You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Agreement to Arbitrate. You and Policyware each agree that any and all disputes or claims that have arisen or may arise between you and Policyware relating in any way to or arising out of this or previous versions of these Terms, your use of or access to Policyware 's Services, or any products or services sold, offered, or purchased through our Services will be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in the District of Columbia, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to Arbitrate.
The arbitration will be conducted by JAMS Arbitration ("JAMS") under its applicable rules and procedures, as modified by this agreement to Arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes.
Your rights will be determined by a neutral arbitrator and not a judge or jury. You understand that arbitration procedures can be more limited that rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review in court.
You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) the arbitrator will honor claims of privilege and privacy recognized at law; (d) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (f) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.
With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in the District of Columbia.
Changes to Terms
. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Site. Any significant changes to these Terms will be effective 30 days after posting such notice. Continued use of our Site or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Copyright/Trademark Information. Copyright © 2021 Policyware, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Last Updated May 7, 2021