VERRADO WAY™ TERMS OF SERVICE
Welcome to the VERRADO WAY™ website. We are Village Unite Media LLC of Buckeye, AZ, the publishers of VERRADO WAY. We are glad you’re here and hope you return often.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES
DISCLAIMERS:
VERRADO WAY does not make recommendations, users make recommendations and Verrado Way may make suggestions. The contents of the VERRADO WAY website (“Site”) or mobile app (“App”), referred to collectively as (“VERRADO WAY”) such as text, graphics, images, information, and other material contained on VERRADO WAY (“Content”), including those contributed by VERRADO WAY users, or local business owners, are for informational purposes only.
TERMS OF USE:
1. Your relationship with VERRADO WAY.
1.1 Your use of VERRADO WAY is subject to the terms of a legal agreement between you and Village Unite Media LLC, the owner of VERRADO WAY. Village Unite Media LLC, has its principal place of business in Buckeye, AZ.. This document explains and sets out the terms of this agreement. Collectively, this legal agreement is referred to below as the “Terms”.
2. Acceptance of Terms
2.1 To use VERRADO WAY, you must first agree to the Terms. You cannot use VERRADO WAY if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) Clicking to accept or agree to the Terms, where this option is available to you in the user interface; or
(B) By using VERRADO WAY in listing commenting, reviewing, submitting commenting, or posting, pictures, business information, events and/or classifieds. In this case, you agree that Village Unite Media LLC will treat your use of VERRADO WAY as acceptance of the Terms by you.
2.3 You may not use VERRADO WAY and may not accept the Terms if (a) you are not of legal age (18 years of age or older) to form a binding contract with Village Unite Media LLC.
2.4 If you are not yet 18 years old or do not agree to these Terms, please discontinue using VERRADO WAY immediately. By using or attempting to use VERRADO WAY, you certify that you are at least 18 years of age and meet any other eligibility requirements of VERRADO WAY.
2.5 We advise you to print or save a local copy of these Terms for your reference.
3. Language of the Terms
3.1 If Village Unite Media LLC provides you a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language version(s) of the Terms will govern your relationship with Village Unite Media LLC.
3.2 If there is any contradiction between what the English language version of the Terms and that of a translation, then the English language version takes precedence.
4. Provision of VERRADO WAY
4.1 You agree that the terms of service for VERRADO WAY as provided by Village Unite Media LLC may change from time to time without prior notice to you.
4.2 You acknowledge and agree that Village Unite Media LLC may permanently or temporarily stop providing VERRADO WAY, or any features within VERRADO WAY, to you or to users generally at our sole discretion, without prior notice to you.
4.3 You acknowledge and agree that if Village Unite Media LLC disables access to your account, you may be prevented from accessing VERRADO WAY, your account details or any files or other content that is contained in your account.
4.4 You acknowledge and agree that Village Unite Media LLC reserves the right at its sole discretion to set a fixed upper limit on the number of transmissions you may send or receive through VERRADO WAY or on the amount of storage space used for the provision of VERRADO WAY, even if no such limits exist today.
5. Use of VERRADO WAY
5.1 In order to access certain features of VERRADO WAY, you may be required to provide information about yourself, including such as identification or contact details as part of the registration process for VERRADO WAY, or as part of your continued use of VERRADO WAY. You agree to provide Village Unite Media LLC with accurate, correct and up to date registration information. See our PRIVACY POLICY to see how we treat your information.
5.2 You agree to use VERRADO WAY only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) VERRADO WAY by any means other than through the interface that is provided by Village Unite Media LLC, unless you have been specifically allowed to do so in a separate agreement with Village Unite Media LLC. You specifically agree not to access (or attempt to access) VERRADO WAY through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on VERRADO WAY.
5.4 You agree that you will not engage in any activity that interferes with or disrupts VERRADO WAY (or the servers and networks which are connected to VERRADO WAY).
5.5 Unless you have been specifically permitted to do so in a separate agreement with Village Unite Media LLC, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any information contained within VERRADO WAY, including any computer code, for any purpose, however you are allowed to share its content through social media links provided through Verrado Way.
5.6 You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences, including any loss or damage suffered by Village Unite Media LLC, of any such breach. You agree that Village Unite Media LLC has no responsibility to you or to any third party for any breach you cause.
6. Passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access VERRADO WAY.
6.2 Accordingly, you agree that you will be solely responsible to Village Unite Media LLC for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify VERRADO WAY immediately via email at THE VERRADO WAY@ gmail dot com (no spaces).
7. Privacy and your personal information
7.1 For information about VERRADO WAY data protection practices, please read VERRADO WAY’s privacy policy available on the Site. This policy explains how Village Unite Media LLC treats your personal information, and protects your privacy, when you use VERRADO WAY.
7.2 You agree to the use of your data in accordance with VERRADO WAY’ privacy policies.
8. Content in VERRADO WAY
8.1 You understand that all information (such as data, written text, computer software, photographs, videos or other images) which you may have access to as part of, or through your use of, VERRADO WAY are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of VERRADO WAY, including but not limited to advertisements in VERRADO WAY and sponsored Content within VERRADO WAY may be protected by copyright, trademark or other intellectual property rights which are owned by the provider of that Content or by other persons or companies on their behalf. You may not copy, modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically authorized in writing to do so by Village Unite Media LLC or by the owners of that Content.
8.3 Village Unite Media LLC reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from VERRADO WAY.
8.4 You understand that by using VERRADO WAY you may be exposed to Content that you may find offensive, indecent or objectionable and that you use VERRADO WAY at your own risk.
8.5 You agree that you are solely responsible for any Content that you create, transmit or display while using VERRADO WAY and for the consequences of your actions (including any loss or damage which Village Unite Media LLC may suffer) by doing so and that Village Unite Media LLC has no responsibility to you or to any third party.
8.6 You agree and acknowledge that Village Unite Media LLC has no control over user-generated content uploaded to VERRADO WAY, but will use its best efforts to remove any objectional content it discovers or is flagged by users.
9. Proprietary rights
9.1 You acknowledge and agree that Village Unite Media LLC, or Village Unite Media LLC’s licensors, own all legal right, title and interest in and to VERRADO WAY, including any intellectual property rights which subsist in VERRADO WAY (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that VERRADO WAY may contain information which is designated confidential by Village Unite Media LLC and that you shall not disclose such information without Village Unite Media LLC’s prior written consent.
9.2 Unless you have agreed otherwise in writing with Village Unite Media LLC, nothing in the Terms gives you a right to use any of Village Unite Media LLC’s trade names, trademarks, VERRADO WAY marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Village Unite Media LLC, then you agree that your use of such features shall be in compliance with that agreement and any applicable provisions of the Terms
9.4 Other than the limited license set forth in Section 11, Village Unite Media LLC acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, VERRADO WAY, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Village Unite Media LLC, you agree that you are responsible for protecting and enforcing those rights and that Village Unite Media LLC has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within VERRADO WAY.
9.6 Unless you have been expressly authorized to do so in writing by Village Unite Media LLC, you agree that in using VERRADO WAY, you will not use any trade mark, VERRADO WAY mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. Limited License from Village Unite Media LLC
10.1 Village Unite Media LLC grants you a limited, non-exclusive, non-transferable, revocable license to use the VERRADO WAY for your personal, non-commercial purposes. This license is for the sole purpose of enabling you to use and enjoy the benefit of VERRADO WAY as provided by Village Unite Media LLC, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Village Unite Media LLC, in writing.
11. Content license from you
11.1 You retain copyright and any other rights you already hold in Content that you submit, post or display on or through VERRADO WAY. By submitting, posting or displaying the content on Verrado Way, you give Village Unite Media LLC a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, store and distribute any Content which you submit, post or display on or through, VERRADO WAY. This license is for the sole purpose of enabling Village Unite Media LLC to display, distribute and promote VERRADO WAY.
11.2 You agree that this license includes a right for Village Unite Media LLC to make such Content available to other companies, organizations or individuals with whom Village Unite Media LLC has relationships for the provision of or syndication of VERRADO WAY, and to use such Content in connection with the provision of VERRADO WAY.
11.3 You understand that Village Unite Media LLC, in performing the required technical steps to provide VERRADO WAY to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, VERRADO WAY or media. You agree that this license shall permit Village Unite Media LLC to take these actions.
11.4 You confirm and warrant to Village Unite Media LLC that you have all the rights, power and authority necessary to grant the above license.
12. Software updates
12.1 The Software that you use may automatically download and install updates from time to time from Village Unite Media LLC. These updates are designed to improve, enhance and further develop VERRADO WAY and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Village Unite Media LLC to deliver these to you) as part of your use of VERRADO WAY.
13. Ending your relationship with Village Unite Media LLC
13.1 The Terms will continue to apply until terminated by either you or Village Unite Media LLC as set out below.
13.2 If you want to terminate your legal agreement with Village Unite Media LLC, you may do so by (a) notifying Village Unite Media LLC at any time and (b) closing your account for VERRADO WAY that you use, where Village Unite Media LLC has made this option available to you. Your notice should be sent, in writing, to Village Unite Media LLC’s email address that is set out at the end of these Terms.
13.3 Village Unite Media LLC may at any time, terminate its legal agreement with you if:
(A) You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Village Unite Media LLC is required to do so by law (for example, where the provision of VERRADO WAY to you is, or becomes, unlawful); or
(C) Village Unite Media LLC is transitioning to no longer providing VERRADO WAY to users in the country in which you are resident or from which you use VERRADO WAY; or
(D) The provision of VERRADO WAY to you by Village Unite Media LLC is, in Village Unite Media LLC’s opinion, no longer commercially viable.(E) The partner with whom Village Unite Media LLC offered VERRADO WAY to you has terminated its relationship with Village Unite Media LLC or ceased to offer VERRADO WAY to you;
13.4 Nothing in this Section shall affect Village Unite Media LLC’s rights regarding provision of VERRADO WAY under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Village Unite Media LLC have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely. Village Unite Media LLC has no obligation to remove your Content if you terminate your relationship with us or stop using the Site.
14. EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT VILLAGE UNITE MEDIA LLC’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF VERRADO WAY IS AT YOUR SOLE RISK AND THAT VERRADO WAY IS PROVIDED “AS IS” AND “AS AVAILABLE.”
14.3 IN PARTICULAR, VILLAGE UNITE MEDIA LLC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF VERRADO WAY WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF VERRADO WAY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF VERRADO WAY WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU, AS PART OF VERRADO WAY WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF VERRADO WAY IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VILLAGE UNITE MEDIA LLC OR THROUGH OR FROM VERRADO WAY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 VILLAGE UNITE MEDIA LLC FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO THE OVERALL PROVISIONS IN SECTION 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT VILLAGE UNITE MEDIA LLC, ITS EMPLOYEES AND CONTRACTORS, SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR VERRADO WAY, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON VERRADO WAY;
(II) ANY CHANGES WHICH VILLAGE UNITE MEDIA LLC MAY MAKE TO VERRADO WAY, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF VERRADO WAY (OR ANY FEATURES WITHIN VERRADO WAY);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF VERRADO WAY;
(III) YOUR FAILURE TO PROVIDE VILLAGE UNITE MEDIA LLC WITH ACCURATE ACCOUNT INFORMATION; OR
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2 THE LIMITATIONS ON VILLAGE UNITE MEDIA LLC’S LIABILITY TO YOU IN SECTION 15.1 ABOVE SHALL APPLY WHETHER OR NOT VILLAGE UNITE MEDIA LLC HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Copyright and trade mark policies
16.1 It is Village Unite Media LLC’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Details of can be found at VERRADO WAY’s Privacy Policy.
16.2 All Contents of VERRADO WAY are: ©2021 Village Unite Media LLC. All rights reserved. Village Unite Media LLC is not responsible for content on Sites operated by parties other than Village Unite Media LLC and not responsible for user-generated content that is uploaded to VERRADO WAY. Village Unite Media LLC, the VERRADO WAY logo and all other products or VERRADO WAY names or slogans displayed on VERRADO WAY are registered and/or common law trademarks of Village Unite Media LLC and / or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Village Unite Media LLC. In addition, the look and feel of VERRADO WAY, including all page headers, custom graphics, button icons and scripts, the functionality of its Site, its VERRADO WAY mark, trademark, trade dress and/or trade secret of Village Unite Media LLC and may not be copied, imitated or used, in whole or in part, without the prior written permission of Village Unite Media LLC. All other trademarks, registered trademarks, product names and company names or logos mentioned in VERRADO WAY are the property of their respective owners. Reference to any products, VERRADO WAY, promotes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Village Unite Media LLC.
17. Advertisements
17.1 Some of VERRADO WAY is supported by advertising revenue and may display advertisements and promotions, including Business Marketplace Listings, Classifieds Service Listings and Event Listings. These advertisements may be targeted to the content of information stored on VERRADO WAY, queries made through VERRADO WAY or other information.
17.2 The manner, mode and extent of advertising by Village Unite Media LLC on VERRADO WAY are subject to change without specific notice to you.
17.3 In consideration for Village Unite Media LLC granting you access to and use of VERRADO WAY, you agree that Village Unite Media LLC may place such advertising on VERRADO WAY.
18. Other content
18.1 VERRADO WAY may include hyperlinks to other content or resources. Village Unite Media LLC may have no control over any content or resources that are provided by companies or persons other than Village Unite Media LLC.
18.2 You acknowledge and agree that Village Unite Media LLC is not responsible for the availability of any such external Apps or resources, and does not endorse any advertising, products or other materials on or available from such web Apps or resources.
18.3 You acknowledge and agree that Village Unite Media LLC is not liable for any loss or damage which may be incurred by you as a result of the availability of those external Apps or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web Apps or resources.
19. Changes to the Terms
19.1 Village Unite Media LLC may make changes to these Terms from time to time. When these changes are made, Village Unite Media LLC will make a new copy of the Terms available through the Site.
19.2 You understand and agree that if you use VERRADO WAY after the date on which the Terms have changed, Village Unite Media LLC will treat your use as acceptance of the updated Terms.
20. General legal terms
20.1 Sometimes when you use VERRADO WAY, you may (as a result of, or through your use of VERRADO WAY) use or download a piece of software, use a service, or purchase goods, which are provided by another person or company. Your use of these other service, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
20.2 The Terms constitute the whole legal agreement between you and Village Unite Media LLC and govern your use of VERRADO WAY (but excluding any agreements which Village Unite Media LLC may provide to you under a separate written agreement), and completely replace any prior agreements between you and Village Unite Media LLC in relation to VERRADO WAY.
20.3 You agree that Village Unite Media LLC may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on VERRADO WAY.
20.4 You agree that if Village Unite Media LLC does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Village Unite Media LLC has the benefit of under any applicable law), this will not be taken to be a formal waiver of Village Unite Media LLC’s rights and that those rights or remedies will still be available to Village Unite Media LLC.
20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
20.6 You acknowledge and agree that each member of the group of companies of which Village Unite Media LLC is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
20.7 These Terms shall be is governed by, and will be construed under, the laws of the United States of America and the law of the State of Arizona, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as provided in Section 20.8 below (and claims proceeding in any small claims court), all disputes arising out of or related to your use of any Service shall be subject to the exclusive jurisdiction of the state and federal courts located within Maricopa County, AZ, and you agree to submit to the personal jurisdiction and venue of such courts.
20.8. Binding Arbitration.
20.8.1. Arbitration Procedures. You and Village Unite Media LLC agree that, except as provided in Section 20.8.4 below, all disputes, controversies and claims related to the Terms (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 20.8 and the JAMS Rules, the terms in this Section 20.8 will control and prevail.
Except as otherwise set forth in Section 20.8.4, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (i) you and Village Unite Media LLC may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND VILLAGE UNITE MEDIA LLC WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL
20.8.2. Location. The arbitration will be conducted in Maricopa County, AZ, unless the parties agree to video, phone and/or internet connection appearances.
20.8.4. Exceptions to Arbitration. You and Village Unite Media LLC agree that any Claim seeking to enforce or protect, or concerning the validity of, any of your or Village Unite Media LLC’s copyrights, trademarks, or patents and any claim for equitable relief related to such Claims are not subject to the above provisions concerning negotiations and binding arbitration. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
20.8.3. Limitations. You and Village Unite Media LLC agree that any arbitration shall be limited to the Claim between Village Unite Media LLC and you individually. YOU AND VILLAGE UNITE MEDIA LLC AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
October 2021
Send all notices to:
Village Unite Media LLC
Email: theverradoway@gmail.com