PLEASE READ THE FOLLOWING TERMS CAREFULLY.
1. Service Overview.
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
3. Accounts and Registration.
To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, phone number, other contact information, or certain information regarding the corporate entity holding the debt. Additionally, you may be required to provide information concerning your potential claim, including, but not limited to, information concerning your claims against a debtor. Retrievables has the right to deny access to the Service, or to any of its resources, and to terminate or suspend your access at any time, for any reason, or no reason at all.
When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at the contact information set forth in Section 19.6.
4. General Payment Terms.
4.1. Attorney and Collection Agency User Fees: If you are an Attorney, Collection Agency, or otherwise representing other Users of the Service and were introduced to the other Users by the Site, you will be required to pay fees to Retreivables. Payment of fees will be due and payable upon the signing of an agreement (the “Retainer Agreement”) between a Creditor (as defined below) and the Attorney or Collection Agency pursuant to which the Attorney or Collection Agency and Creditor agree that the Attorney or Collection Agency will provide debt collection services to such Creditor and upon the Attorney’s or Collection Agency’s issuance of any invoice to Creditor.
A MATERIAL TERM OF THESE TERMS IS THAT ATTORNEYS OR COLLECTION AGENCIES SHALL NOTIFY RETREIVABLES IMMEDAITELY UPON: (1) THE EXECUTION OF A RETAINER AGREEMENT BETWEEN ATTORNEY OR COLLECTION AGENCY AND CREDITOR; AND (2) THE ATTORNEYS COLLECTION AGENCIES ISSUANCE OF ANY INVOICE TO A CREDITOR. THE NOTICE SHALL INCLUDE THE TOTAL AMOUNT OF FEES CHARGED BY ATTORNEY OR COLLECTION AGENCY TO CREDITOR IN CONNECTION WITH THE RETAINER AGREEMENT AND/OR AN INVOICE.
4.2. Creditor Fees: Users seeking legal representation or debt collection services through the Site (“Creditors”) may be required to pay fees to the Attorneys or Collection Agencies, as applicable, pursuant to the terms of an agreement entered into between the Creditors and the Attorneys or Collection Agencies.
4.3. Price. Retrievables reserves the right to determine pricing for the Service. Retrievables will make reasonable efforts to keep pricing information published on the website up to date. Retrievables may change the fees for any feature of the Service, including additional fees or charges, if Retrievables gives you advance notice of changes before, they apply. Retrievables, at its sole discretion, may make promotional offers with different features and different pricing to any of Retrievables’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
4.4. Future Use. If a Creditor has retained an Attorney or Collection Agency via this Site, any future engagements of such Creditor by that Attorney or Collection Agency shall be made via use of this Site, and Attorneys or Collection Agency are obligated to direct Creditors to do so.
5.1. Limited License. Subject to your complete and ongoing compliance with these Terms, Retrievables grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.
5.2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
5.3. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Retrievables an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
6. Ownership; Proprietary Rights
The Service is owned and operated by Retrievables. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Retrievables are protected by intellectual property and other laws. All Materials included in the Service are the property of Retrievables or its third-party licensors. Except as expressly authorized by Retrievables, you may not make use of the Materials. Retrievables reserves all rights to the Materials not granted expressly in these Terms.
7. Third Party Terms
7.1. Third Party Services and Linked Websites. Retrievables may provide tools through the Service that enable you to export information, including User Content, to third party services. By using one of these tools, you agree that Retrievables may transfer that information to the applicable third-party service. Third party services are not under Retrievables’s control, and, to the fullest extent permitted by law, Retrievables is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Retrievables’s control, and Retrievables is not responsible for their content.
7.2. Third Party Software. The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third-party licenses or to limit your use of Third Party Components under those third-party licenses.
8. User Content and Data
8.1. User Content Generally. Certain features of the Service may permit users to upload content to the Service, including messages, documents, reviews, photos, video, images, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
8.2. Limited License Grant to Retrievables. By providing User Content to or via the Service, you grant Retrievables a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
8.3. Limited License Grant to Other Users. By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
8.4. User Content Representations and Warranties. Retrievables disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
8.4.1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Retrievables and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Retrievables, the Service, and these Terms;
8.4.2. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Retrievables to violate any law or regulation; and
8.4.3. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
8.5. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. Retrievables may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Retrievables with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Retrievables does not permit copyright-infringing activities on the Service.
8.6. Ownership of User Data; License to Use User Data. You, or your employer (as the case may be) are and will remain the sole and exclusive owner of all right, title and interest in and to data and other content, in any form or medium, that is (i) provided to us by you; (ii) collected, downloaded or otherwise received, directly or indirectly from you by or through your use of the Site; or (iii) that incorporates or is derived from the processing of such information, data or content by or through the Site (collectively “User Data”), including all intellectual property rights relating thereto, subject to the rights and permissions granted hereunder.
This Site may be hyperlinked to and by other websites which are not maintained by, or related to, Company. Hyperlinks to such sites are provided as a service to Users and are not sponsored by, endorsed, or otherwise affiliated with this Site or Retrievables. Retrievables has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from an Retrievables platform to another platform or web page should be accessed at the user's own risk. Retrievables makes no representations or warranties about the content, completeness, quality, or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost, or injury associated with any access thereto via this Site.
10.1. Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
11. Prohibited Conduct.
BY USING THE SERVICE, YOU AGREE NOT TO:
11.1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
11.2. harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
11.3. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
11.4. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
11.5. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
11.6. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission;
11.7. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or
11.8. attempt to do any of the acts described in this Section 11 or assist or permit any person in engaging in any of the acts described in this Section 11.
12. Digital Millennium Copyright Act.
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the address set forth on Section 19.6.
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of the material that you claim is infringing and where it is located on the Service;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
12.1. Repeat Infringers. Retrievables will promptly terminate the accounts of Users that are determined by Retrievables to be repeat infringers.
13. Modification of these Terms.
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 13, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
14. Term, Termination and Modification of the Service
14.1. Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 12.2.
14.2. Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Retrievables may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at the contact information set forth in Section 19.6.
14.3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate, and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Retrievables any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 14.3, 16, 17, 18, and 19 will survive.
14.4. Modification of the Service. Retrievables reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Retrievables will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Retrievables and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Retrievables Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party, including, but not limited to, between a Creditor and an Attorney or Collection Agency. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
16. Disclaimers; No Warranties
THE SOLE INTENDED PURPOSES OF THE SERVICE IS TO CONNECT LAW FIRMS AND OTHER DEBT COLLECTION SERVICE PROVIDERS WITH CREDITORS IN NEED OF DEBT COLLECTION SERVICES. YOU ARE SOLELY RESPONSIBLE FOR PERFOMING DUE DILIGENCE ON THE LAW FIRMS OR OTHER DEBT COLLECTION SERVICES PROVIDERS LISTED ON THE SITE AND DETERMINING WHETHER SUCH LAW FIRMS OR OTHER DEBT COLLECTION SERVICES PROVIDERS SUIT YOUR NEEDS IN ALL RESPECTS.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. RETRIEVABLES DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. RETRIEVABLES DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND RETRIEVABLES DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
YOU UNDERSTAND THAT RETRIEVABLES CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MAY CAUSE DAMAGE OR HARM TO YOUR COMPUTER(S) OR NETWORK(S). YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO PROTECT YOUR COMPUTER(S) AND NETWORK(S), AND THAT YOU WILL MAINTAIN ADEQUATE MEANS OF BACKUP OF YOUR PERSONAL DATA, EXTERNAL TO THIS SITE. RETRIEVABLES FURTHER DISCLAIMS ANY RESPONSIBILITY TO ENSURE THAT THE CONTENT LOCATED ON ITS SITE IS NECESSARILY COMPLETE AND UP-TO-DATE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR RETRIEVABLES ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE RETRIEVABLES ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER, INCLUDING, BUT NOT LIMITED TO, ANY ATTORNEY OR COLLECTION AGENCY. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 16 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. RETRIEVABLES DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT RETRIEVABLES IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
FOR THE AVOIDANCE OF DOUBT, RETRIEVABLES DISCLAIMS ANY AND ALL WARRANTIES AMD RESPONSIBILITY FOR LEGAL SERVICES PROVIDED BY USERS. RETREIVABLES AND THE SERVICE IS SOLELY DESIGNED TO CONNECT CREDITORS AND ATTORNEYS OR COLLECTION AGENCIES AND HAS NO INFLUENCE OR INVOLVEMENT WITH THE RENDERING OF LEGAL SERVICES, OR ANY ACTS OR OMISSIONS OF THE USERS.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RETRIEVABLES ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY RETRIEVABLES ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 18.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE RETRIEVABLES ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO RETRIEVABLES FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.00.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18. Dispute Resolution and Arbitration.
In the interest of resolving disputes between you and Retrievables in the most expedient and cost-effective manner, and except as described in Section 18.2, you and Retrievables agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND RETRIEVABLES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
18.1. Exceptions. Despite the provisions of Section 18.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
18.2. Arbitrator. Any arbitration between you and Retrievables will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Retrievables’s address for Notice is: Retrievables, Inc., 95 Horatio, #307, New York, NY 10014. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Retrievables may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you, or Retrievables must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Retrievables in settlement of the dispute prior to the award, Retrievables will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
18.3. Fees. If you commence arbitration in accordance with these Terms, Retrievables will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Retrievables for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
18.4. No Class Actions. YOU AND RETRIEVABLES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Retrievables agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
18.5. Modifications to this Arbitration Provision. If Retrievables makes any future change to this arbitration provision, other than a change to Retrievables’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Retrievables’s address for Notice of Arbitration, in which case your account with Retrievables will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
18.6. Enforceability. If Section 18.7 or the entirety of this Section 18 is found to be unenforceable, or if Retrievables receives an Opt-Out Notice from you, then the entirety of this Section 18 will be null and void and, in that case, exclusive jurisdiction and venue described in Section 19.2 will govern any action arising out of or related to these Terms.
19.2. Governing Law. These Terms are governed by the laws of the State of New York without regard to conflict of law principles. You and Retrievables submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York, New York for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in New York, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
19.4. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
19.6. Contact Information. The Service is offered by Retrievables corporation, located in New York, New York. You may contact us by sending correspondence to:
95 Horatio, #307
New York, NY 10014
19.7. Compliance with California Civil Code. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
19.8. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
19.9. International Use. The Service is controlled, operated and administered by Retrievables from our offices within the United States of America. If you access the Service from a location outside the United States of America, you are responsible for compliance with all local laws. You agree that you will not use the Retrievables Content accessed through www.retrievables.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.