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1. Overview of Terms of Use
Ladybug.com, Inc. (“LBI”) makes the interactive online service, located at www.ladybug.com (the “Website”) available to its end users (“End Users”) in accordance with the terms and conditions of this end user agreement (the “Agreement”). The Website may only be used for lawful purposes to earn cash back rebates on completed travel bookings purchased through the Website.
2. Acceptance of the Terms of Use
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.ladybug.com, including any content, functionality and services offered on or through this Website, whether as a guest or a registered user.
“You” and “your” refer to you, as a user of this Website. A “user” is someone who accesses, browses or otherwise uses this Website.
Please read the Terms of Use carefully before you start to use this Website. By using this Website, you accept and agree to be legally bound and abide by all Terms and Conditions contained herein; if you do not agree, do not access or use this Website.
This Website is a general audience site. We do not direct this Website or any of its content to users who are less than 13 years old. You must be at least 18 years old to use this Website, or you must be at least 13 years old and be using this Website with approval of, and under the supervision of your parent or legal guardian. If you are under 18 years old, be sure to get your parents or legal guardian to review and discuss these Terms of Use with you.
This Website also is only intended for use by residents of the United States or any of its territories or possessions. By using this Website, you are confirming that you meet all of the above requirements. If you do not meet all of these requirements, do not access or use this Website.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND LBI WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
3. Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website from that point going forward.
Your continued use of this Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
4. Cash Back Rebate Processing; Policy Rules
Once the claim has been submitted, you will receive confirmation of receipt by email. Claims will be screened for validity to ensure that the transaction made is a genuine travel booking. If a correctly verified booking is received by LBI during normal business hours, your cash back rebate will be processed the same day.
If an incomplete claim or an invalid booking confirmation number is received, a notification email will be sent to you with the opportunity for you to provide the required information within seven (7) days of the email being sent. If no reply is received within seven (7) days, then the claim for cash back will be deemed invalid and will be rejected. LBI reserves the right to reject incomplete, altered, illegible or false claims.
You will not be able to claim cash back on purchases/emails you have cancelled.
LBI reserves the right to audit all submissions to ensure that the terms and conditions of the cash back rebate claim have been met and to request additional information regarding any and all claims and supporting documents, including your reservation email booked with the travel supplier.
When you provide any requested claim information and/or documentation (“Documentation”) to this Website, you grant LBI, its affiliates and subsidiaries, a worldwide, non-exclusive, irrevocable, royalty-free, transferable, sub-licensable right to promote and distribute part or all of the Documentation in any media formats with any manner,Once the claim has been submitted, you will receive confirmation of receipt by email. Claims will be screened for validity to ensure that the transaction made is a genuine travel booking. If a correctly verified booking is received by LBI during normal business hours, your cash back rebate will be processed the same day.
If an incomplete claim or an invalid booking confirmation number is received, a notification email will be sent to you with the opportunity for you to provide the required information within seven (7) days of the email being sent. If no reply is received within seven (7) days, then the claim for cash back will be deemed invalid and will be rejected. LBI reserves the right to reject incomplete, altered, illegible or false claims.
You will not be able to claim cash back on purchases/emails you have cancelled.
LBI reserves the right to audit all submissions to ensure that the terms and conditions of the cash back rebate claim have been met and to request additional information regarding any and all claims and supporting documents, including your reservation email booked with the travel supplier.
When you provide any requested claim information and/or documentation (“Documentation”) to this Website, you grant LBI, its affiliates and subsidiaries, a worldwide, non-exclusive, irrevocable, royalty-free, transferable, sub-licensable right to promote and distribute part or all of the Documentation in any media formats with any manner, including without limitation to reproduce, transmit, adapt, distribute, or otherwise use the Documentation, and all the Documentation will not be returned. If you do not have authorization for the above right, please do not upload, transmit, input or provide Documentation to this Website. Submission of false, incorrect, misleading or fraudulent Documentation may result in disqualification from this cash back rebates program and future LBI cash back rebate claims.
Necessary adjustments may be applied to End User accounts at any time by LBI at its sole discretion. If you do not agree to adjustments made to your account, your only recourse will be to terminate your membership in the cash back reward program. LBI reserves the right to terminate any account for abusive or fraudulent activity, or if the End User is no longer reachable at the e-mail address provided.
LBI’s decision with respect to all aspects of the cash back rebate program will be final and binding.
Accessing this Website, Your Information and Account Security
To the fullest extent not prohibited by law and except as otherwise provided in any applicable additional terms and conditions, which may govern certain features of this Website, we reserve the right to withdraw or change this Website, any part of this Website, and any service or material we provide on this Website, temporarily or permanently, in our sole discretion without notice to you. We will not be liable if for any reason all or any part of this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Website, or the entire Website, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to this Website; and
Ensuring that all persons who access this Website through your Internet connection are aware of these Terms of Use and comply with them.
To access this Website or some of the resources it offers, you may be asked to provide LBI with information about yourself. It is a condition of your use of this Website that all the information you provide on this Website is correct, current and complete. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. You agree that LBI’s collection, use and disclosure of any information you provide about yourself is governed by these Terms of Use and LBI’s Privacy Policy, which is incorporated in these Terms of Use by this reference.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you log out your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If contrary to these Terms of Use, you allow another person to use or access this Website under your account, you agree that you will be legally bound by the actions taken and the agreements made by such person under your account. You further agree that we may enforce such agreements or actions against you, whether made or undertaken by you directly, or by someone else with your account information and password.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Privacy Policy, Contacts and Location Information
Please refer to our Privacy Policy for information on how we collect, uses and disclose information from users of the Service. Note that if you give your permission, LBI may access your contacts from your mobile device’s address book and from social media accounts in order to enable you to invite and share information with your friends and family. LBI may also collect your location information with your permission and may use this for purposes such as sending you notifications, information, advertising and deals that are relevant to your location. See our Privacy Policy for more information on these features and on how to disable them.
Our Intellectual Property Rights
Except as otherwise provided in these Terms of Use, this Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by LBI, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download, as applicable, one copy of a reasonable number of pages of this Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you make take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of this Website or any services or materials available through this Website, unless you are an Education Professional who has the express written permission of LBI.
We make some of the content on this Website available through Real Simple Syndication (“RSS”) feeds. You may access these feeds in order to display this feed content on your personal computer or application, only if (1) your use of the feeds is for personal use only, (2) your display of the feed links back to the relevant pages of this Website and attributes LBI as the source of the feed content, (3) your use or display of the feed content does not suggest that LBI or any of its affiliates promotes or endorses any third-party causes, ideas, products or services, or websites including your website, (4) you do not redistribute the feed content in any way or form, and (5) your use of the feeds does not overburden LBI’s systems. We reserve all rights in the feed content and may terminate the feeds or use of the feeds at any time.
If you wish to make any use of material on this Website other than that set out in this section, please address your request to: support@ladybug.com.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of this Website in breach of the Terms of Use, your right to use this Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to this Website or any content on this Website is transferred to you, and all rights not expressly granted are reserved by LBI. Any use of this Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Our Trademarks
The LadyBug.com, Inc. names, the term “Ladybug.com” and all related names, logos, product and service names, designs and slogans are trademarks of LBI or its affiliates or licensors. You must not use such marks without the prior written permission of LBI. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use this Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use this Website:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content or soliciting them to submit their personal information or inappropriate content.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set forth in these Terms.
To transmit, or procure the sending of, any advertising or promotional material, including any“junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate Ladybug.com Inc., a Ladybug.com employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Website, or which, as determined by us, may harm us or users of this Website or expose them to liability.
Additionally, you agree not to:
Use this Website in any manner that could disable, overburden, damage, or impair this Website or interfere with any other party’s use of this Website, including their ability to engage in real time activities through this Website.
Use any robot, spider or other automatic device, process or means to access this Website for any purpose, including monitoring or copying any of the material on this Website.
Use any manual process to monitor or copy any of the material on this Website or for any other unauthorized purpose without our prior written consent.
Reverse engineer any portion of this Website.
Record, process, or mine information about other users of this Website.
Access, retrieve or index any portion of this Website for purposes of constructing or populating a separate database of user review or survey content.
Use any device, software or routine that interferes with the proper working of this Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material to this Website which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this Website, the server on which this Website is stored, or any server, computer or database connected to this Website.
Attack this Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of this Website.
End User Conduct
End User shall use the Website for non-commercial, lawful purposes only. End User shall not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or which, without LBI’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in LBI’s discretion restricts or inhibits any other End User from using or enjoying the Website will not be permitted. Without limiting the foregoing, prohibited conduct includes, but is not limited to, (a) distribution of unsolicited chain letters, (b) propagation of computer worms, viruses and other such malicious code, (c) using (directly or indirectly) the Website or its computer network to make unauthorized entry to any other machine accessible via the Website or its computer network and (d) using the Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users of the Website to become users of other on-line services competitive with the Website. Without limiting any other rights or remedies of LBI, violations of the foregoing may result in removal of violative communications and/or early termination of the End User’s access to the Website.
Third Party Content
LBI is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, LBI has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, End Users or any other user of the Website, are those of the respective author(s) or distributor(s) and not of LBI. The content available through the Website may represent the opinions and judgments of the respective information provider, End User, or any other user not under contract with LBI. LBI neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website. Under no circumstances will LBI be liable for any loss or damage caused by an End User’s reliance on information obtained through the Website. It is the responsibility of End User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website.
Content or layout of the Website, individual elements of the Website design, photographs, as well as the infrastructure used to provide such content and information, in addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Ladybug.com, Inc. and may not be copied, reproduced, redistributed, imitated or used, in whole or in part, without the prior written permission of LBI.
All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are used for identification purposes only and are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by LBI.
Links to Other Sites
This Website may contain hyperlinks to other websites operated by parties other than LBI. Such hyperlinks are provided for your reference only. LBI does not control such Websites and is not responsible for their contents. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature.
LBI’s inclusion of hyperlinks to such Websites does not imply any endorsement of the material on such Web sites or any association with their operators. If you decide to access third-party Websites, you do so at your own risk.
In some cases, you may be asked by a third party site to link your profile on LBI to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or this Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to this Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LBI NOR ANY PERSON ASSOCIATED WITH LBI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER LBI NOR ANYONE ASSOCIATED WITH LBI REPRESENTS OR WARRANTS THAT THIS WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
LADYBUG.COM, INC. HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. LADYBUG.COM, INC. DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THIS WEBSITE. LBI WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.
SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THIS WEBSITE MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT LBI ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL LADYBUG.COM, INC., ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PROFITS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS), UNDER ANY LEGAL THEORY (WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR SUCH OTHER WEBSITES, EVEN IF FORESEEABLE AND EVEN IF LBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LADYBUG.COM, INC.’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS OF USE WILL BE LIMITED TO U.S. $1.00
Indemnification
You agree to defend, indemnify and hold harmless LBI, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney’s fees) arising out of or relating to your violation of these Terms of Use or your use of this Website, including, but not limited to, your User Contributions, any use of this Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from this Website.
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
- Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by LBI that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and LBI, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
- Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to LBI should be sent to: Attn: Legal Department, 1930 Veterans Memorial Highway, Suite 12-436, Islandia, New York, 11749. After the Notice is received, you and LBI may attempt to resolve the claim or dispute informally. If you and LBI do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
- Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.
- Additional Rules for Non-appearance Based Arbitration: If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
- Time Limits. If you or LBI pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
- Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and LBI, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and LBI.
- Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and LBI in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND LADYBUG.COM, INC. WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
- Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Agreement.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with LBI.
- Small Claims Court. Notwithstanding the foregoing, either you or LBI may bring an individual action in small claims court.
- Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
- Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.
- Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New York County, New York, for such purpose.
Governing Law and Jurisdiction
All matters relating to this Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or this Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver
No waiver by LBI of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LBI to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Miscellaneous
This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Website, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Website and any operating rules for the Website established by LBI) constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. In addition, if any provision of the Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. LBI does not make any claims concerning whether the Website may be accessed, viewed, or used outside the United States. End User acknowledges and agrees that all use of the Website from outside the United States is done solely at the risk of End User. Whether inside or outside the United States, End User is solely responsible for ensuring compliance with the laws of End User’s specific jurisdiction. The section headings used herein are for convenience only and shall not be given any legal import.
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