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Terms of ServiceLast updated: September 26, 2013
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
1. INTRODUCTIONWelcome to a wikis by WikiFoundry site hosted on a network of web sites and created with technology developed by wikifoundry.com, inc. ("WikiFoundry")(the "Site"). WikiFoundry provides online collaborative website services to you on this Site subject to the following Terms of Service. By using this Site, you signify that you have read, understand, and agree to be legally bound by these Terms of Service. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. The Site will provide notice of material changes to these Terms of Service by updating the "Last updated" date set forth above. If you do not agree to abide by these or any future Terms of Service, your only recourse is to immediately cease use of the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. We encourage you to review the Terms of Service each time you visit the Site to see if it has been updated since your last visit.
2. SUBMISSIONSYou understand and agree that all postings, comments, edits, feedback, suggestions, ideas, photographs, images, notes, drawings, concepts, and other information, content, or materials posted on, transmitted through, or linked from the Site, either online or offline and whether or not solicited by the Site (collectively, "Submissions"), are the sole responsibility of the person from whom such Submissions originated. The Site is and shall be under no obligation (a) to maintain any Submissions in confidence; (b) to store or maintain the Submissions, electronically or otherwise; (c) to pay any compensation for any Submissions or any use thereof; or (d) to respond to any user in connection with or to use any Submissions. Neither the Site nor WikiFoundry shall be liable for any use, non-use, or disclosure of any Submissions. You represent that, regarding any Submissions contributed by you that: (a) Submissions will not violate any right of any third party, including copyright, trademark, right of privacy, right of publicity, or other intellectual property, personal, or proprietary right(s); and (b) you are the owner of and/or have the right to provide such Submissions to us in accordance with this Agreement. You further represent that no such Submissions will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Submissions you make.
As part of the wikis by WikiFoundry platform, WikiFoundry offers a "private site" option to our users. WikiFoundry has taken certain technical measures to protect the privacy of these sites and to prevent unauthorized viewing of their content. However, WikiFoundry does not guarantee that private sites are completely secure. These sites may be vulnerable to hostile cyber hacking by third parties and therefore should be used at your own risk.
WikiFoundry reserves the right to remove sites from public view, delete, or purge the content with or without cause, with or without notice for any reason, including, without limitation if we determine in our sole discretion that the content is harmful, offensive, illegal, or inappropriate for the subject matter of the Site. Furthermore, WikiFoundry may terminate this Agreement, or terminate or suspend your access to the Site and remove and discard any Submissions at any time, with or without cause, and with or without notice.
3. NOTIFICATION OF CLAIMS OF COPYRIGHT INFRINGEMENTWikiFoundry respects the intellectual property of others and we require our users to do the same. If you believe that any material on the Site infringes upon any copyright you own or control, or that any link on the Site directs users to another web site containing material that infringes upon any copyright you own or control, you may file a notification of such infringement with our Designated Copyright Agent as set forth below.
Notice and Procedure for Notifying Designated Agent of Claims of Copyright Infringement
WikiFoundry will respond expeditiously to notices of alleged infringement that are reported to WikiFoundry's Designated Agent. Contact WikiFoundry's Designated Agent as follows:
Attn: Copyright Issues
10194-27 Legend Court, Ancaster, Ontario
- Identification of the copyrighted work claimed to have been infringed upon, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that you're claiming has been infringed upon or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Your full name, mailing address, telephone number, and, if available, email address.
- Both of the following statements:
- "I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. as a fair use)."
- "I hereby state that the information in this notification is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright, or of an exclusive right under the copyright that is allegedly infringed."
- Your full legal name and your electronic or physical signature.
Infringer Policy: In accordance with the Digital Millennium Copyright Act (DMCA), the text of which may be found on the U.S. Copyright office web site at http://www.copyright.gov/legislation/dmca.pdf, and other applicable law, WikiFoundry has adopted a policy of banning, in appropriate circumstances and at its sole discretion, users who are deemed to be repeat infringers. WikiFoundry may also at its sole discretion limit access to any web site hosted by WikiFoundry and/or terminate the accounts of any users who infringe upon any intellectual property rights of others, whether or not there is any repeat infringement.
Counter Policy: A poster of allegedly infringing material may make a counter-notification pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When WikiFoundry receives a counter-notification, it may in its sole discretion reinstate the material in question. To provide a counter-notification, please submit written notification to WikiFoundry's Designated Agent as specified above and include the following:
- Identification of the material that has been removed or to which access has been disabled by WikiFoundry and the location at which the material appeared before it was removed or access was disabled.
- A statement as follows: "I hereby state, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of mistake of misidentification of the material to be removed or disabled."
- Your full name, mailing address, telephone number, and, if available, email address.
- A statement as follows: "I hereby consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if any address is outside the United States, for any judicial district in which WikiFoundry may be found, and I will accept service of process from the complaining party who notified WikiFoundry of the alleged infringement or an agent of such person."
- Your full legal name and your electronic or physical signature.
4. USER CONDUCTYou agree to not use the Site to:
- Upload, post, email, transmit, or otherwise make available any content that we deem to be unlawful, harmful, threatening, abusive, bullying, harassing, false, inaccurate, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that violates any applicable law;
- Upload, post, email, transmit or otherwise make available any content that we deem adult or pornographic in nature.
- Harm minors in any way;
- Create a wikis by WikiFoundry site that is directed to an audience under 13 years of age;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
- Upload, post, email, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- Upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "link farms," "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the service, servers, or networks connected to the service, or disobey any requirements, procedures, policies, or regulations of networks connected to the service;
- Intentionally or unintentionally violate any applicable local, state, national, or international law, encourage or provide instructions for a criminal offense, or otherwise violate the rights of any party;
- "Stalk" or otherwise harass another; or
- Collect or store unauthorized personal data about other users.
5. PREMIUM SERVICES AND PAYMENTPremium Services. As a Site Creator or Site Administrator, you can purchase one or more Premium Services for your wikis by WikiFoundry site. The categories and prices of our Premium Services are described here and are subject to change or cancellation at any time. All fees are quoted in U.S. Dollars. WikiFoundry may choose to temporarily change the fees for promotional events or new services, and such changes are immediately effective when WikiFoundry announces the temporary promotional event or new service on WikiFoundry.com, any wikis by WikiFoundry site, or via any other promotional vehicles. Any fee changes for Premium Services that are not temporary will be effective thirty (30) days after we provide you with written notice via email.
Payment Generally. You are responsible for paying all fees associated with the Premium Services in a timely manner with a valid payment method. You authorize WikiFoundry to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein "Payment Method") for all charges to your account with WikiFoundry. Your Payment Method will be charged the current fee for the Premium Service you choose on the date that you successfully complete the order. You agree that WikiFoundry may automatically charge the WikiFoundry Premium Service fee to your Payment Method at the beginning of each recurring period.
You acknowledge and agree that any credit card and related billing and payment information that you provide to purchase WikiFoundry Premium Services may be shared with companies who work on WikiFoundry's behalf, such as payment processors and credit agencies, solely for the purposes of checking credit, effecting payment to WikiFoundry, and servicing your account.
If your Payment Method fails or your account is past due, WikiFoundry reserves the right to either suspend or terminate your Premium Services. Any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to WikiFoundry within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the discretion of WikiFoundry.
Premium Service: Advertising Removal. For $19.95/month and up to 20,000 monthly pageviews, all advertising and "Other Sites" links will be removed from the WikiFoundry site. WikiFoundry will charge an additional $19.95/month for each additional 20,000 page views.
6. PROPRIETARY RIGHTSCopyrights. This Site is protected to the maximum extent permitted by copyright laws and international treaties. The collective Submissions and content displayed on or through the Site, and selective organization of the same (the "Collective Content"), is protected by copyright as a collective work and/or compilation, pursuant to copyright laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Collective Content, and/or copying or reproducing the Collective Content or any portion thereof, except as provided below, to any other server or location for further reproduction or redistribution is prohibited without the express written consent of WikiFoundry. The Collective Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without either: a) complying with the terms of this Agreement; or b) WikiFoundry's prior written permission.
Although WikiFoundry does not claim ownership of Submissions that its users post, by posting or submitting Submissions to the Site, you automatically grant and represent and warrant that you have the right to grant to WikiFoundry an irrevocable, perpetual, non-exclusive, fully paid, royalty-free, worldwide license to use, copy, perform, modify, adapt, publish, display, translate, and distribute said Submissions and to prepare derivative works of, or incorporate into other works said Submissions and to grant and authorize sublicenses (through multiple tiers) of the foregoing, including as set forth in Paragraph 7 below. Furthermore, by posting Submissions to the Site, as part of the Collective Content, you automatically grant WikiFoundry all rights necessary to prohibit any subsequent prohibited aggregation, display, copying, duplication, reproduction, or exploitation of the Collective Content by any party for any purpose.
Software. Any software, including any files, images generated by the software, code, and data accompanying the software owned by WikiFoundry (collectively, "Software"), used or accessible through the Site may be used by you solely for accessing and/or using the site for purposes expressly stated on the Site and these terms, provided that such uses are not competitive with or derogatory to the Site. WikiFoundry retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse-engineer, disassemble, or create derivative works from any Software.
Patents. WikiFoundry's products and processes may be covered by one or more patents and may be subject to other trade secrets and proprietary rights. WikiFoundry reserves all such rights. No transfer or grant of rights under any patents is made or is to be implied by any provision of these Terms of Service. You agree not to infringe upon such rights or decompile, reverse-engineer, or disassemble any of WikiFoundry's products or processes.
Trademarks. All trademarks on the Site are either trademarks or registered trademarks of WikiFoundry or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of WikiFoundry. All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of WikiFoundry or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of WikiFoundry. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.
7. SUBLICENSE UNDER CREATIVE COMMONS LICENSE
WikiFoundry licenses third-party use of the Collective Content and Submissions under a Creative Commons' Attribution-NonCommercial-Share Alike 3.0 License ("the License"). The License allows the Collective Content and Submissions to be used, copied, modified, and redistributed freely by any organization or person for any non-commercial purpose, so long as the re-published content is: a) available to others on the same terms; and b) attributes WikiFoundry as the source. To satisfy the attribution requirement, you may: a) for Internet re-publishing, provide both a direct hyperlink back to the article AND prominent text stating the material came from WikiFoundry; or b) for offline distribution, provide the URL of the content AND prominent attribution to WikiFoundry.
8. DISCLAIMER OF RESPONSIBILITY FOR THIRD PARTY CONTENT; RESERVATION OF RIGHTSWikiFoundry takes no responsibility and assumes no liability for any Content or Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity, or objectionable material you may encounter. Your use of the Site is at your own risk. As a provider of interactive services, WikiFoundry is not liable for any statements, representations, Submissions, or Content provided by its users. Although we have no obligation to screen, edit, or monitor any Submissions posted by users (or any other activities of users on the Sites), we reserve the right, at our sole discretion, to remove, take down, destroy, or delete any Content or Submissions at any time and for any reason, including without limitation, Submissions that we deem inappropriate, offensive, or which we believe may subject us to any liability. We may access, use, and disclose transaction information about your use of this Site, and any Submissions transmitted by you via or in connection with this Site, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill, and collect for our services; to protect our rights or property, or to protect users of this Site from fraudulent, abusive, or unlawful use of this Site. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, GUIDELINE, OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU. Any use of the Site in violation of the foregoing is in violation of these terms and may result in, among other things, the termination or suspension of your rights to use the Site.
9. DISCLAIMER OF WARRANTYTHE SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WIKIFOUNDRY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT AND/OR DATA DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT AND/OR DATA.
WIKIFOUNDRY ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF WIKIFOUNDRY, ITS AFFILIATES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS, EXCEPT AS SPECIFICALLY PROVIDED HEREIN.
WIKIFOUNDRY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITYUNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION OR NEGLIGENCE, SHALL WIKIFOUNDRY OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS, OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WIKIFOUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
11. INDEMNIFICATION; DAMAGES FOR UNAUTHORIZED ACCESSYou are entirely responsible for maintaining the confidentiality of your password and account, as well as activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of: (a) any breach by you of these Terms of Service; or (b) any Submissions you provide, including without limitation, any claim by a third party that your Submissions infringe or violate such third party's rights or interests. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You acknowledge and agree that your violation of the terms and conditions of this Agreement through unauthorized use of or access to the Site will result in a minimum of five thousand dollars ($5,000.00) in damages to WikiFoundry based on our costs for implementing additional security measures resulting from, and our investigation into, any such violation.
12. LINKS; THIRD-PARTY CONTENT; THIRD PARTY USE OF INFORMATIONThis Site may provide, or third parties may provide, links to other World Wide Web resources. Because WikiFoundry has no control over such sites and resources, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third-party content on this Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
14. GENERALAgreement: These Terms of Service constitute the entire Agreement between you and WikiFoundry and governs your use of the Site, superseding any prior agreements between you and WikiFoundry. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. WikiFoundry's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Choice of Law and Forum: By visiting the Site, you agree that the laws of the State of Washington and U.S. law, without regard to principles of conflict of laws, will govern this Agreement.
Dispute Resolution: THIS SECTION PROVIDES FOR THE RESOLUTION OF MOST DISPUTES OR CLAIMS THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. YOU SHOULD READ THIS SECTION CAREFULLY; ARBITRATION IS FINAL, BINDING, AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS SECTION GOVERNING DISPUTES WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Mandatory Arbitration – YOU AND WIKIFOUNDRY AGREE TO ARBITRATE ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS AGREEMENT, EXCEPT THAT YOU OR WIKIFOUNDRY MAY BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU AND WIKIFOUNDRY ACKNOWLEDGE THAT THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE AND THAT THE FEDERAL ARBITRATION ACT WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION. TO INITIATE ARBITRATION, YOU OR WIKIFOUNDRY MUST FIRST SEND A WRITTEN NOTICE, VIA CERTIFIED MAIL, TO THE OTHER PARTY INDICATING AN INTENT TO ARBITRATE, WHICH WILL INCLUDE: (1) A DESCRIPTION OF THE FACTS; (2) A DESCRIPTION OF THE NATURE OF THE CLAIM; AND (3) THE RELIEF SOUGHT ("NOTICE TO ARBITRATE"). SEND NOTICE TO ARBITRATE TO: WIKIFOUNDRY.COM INC., ATTN: ARBITRATION, 710 SECOND AVENUE SUITE 1100, SEATTLE, WA 98104. BOTH PARTIES AGREE TO MAKE REASONABLE ATTEMPTS TO RESOLVE ANY SUCH DISPUTE; HOWEVER, IF THE PARTIES CANNOT RESOLVE THE DISPUTE WITHIN FORTY-FIVE (45) DAYS OF RECEIPT OF NOTICE TO ARBITRATE, THEN AN ARBITRATION CLAIM MAY COMMENCE. ANY ARBITRATION INITIATED UNDER THIS AGREEMENT WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS ARBITRATION RULES (AND THE AAA SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES AS THEY MAY BE APPLICABLE), AS MODIFIED BY THIS AGREEMENT. INFORMATION CONCERNING THE AAA, ITS ARBITRATION RULES, AND OTHER INFORMATION CONCERNING ARBITRATION PROCEDURES AND FEES CAN BE FOUND BY CALLING THE AAA AT 1-800-778-7879 OR VISITING ITS WEBSITE AT: http://www.adr.org.
ANY ARBITRATION WILL BE CONDUCTED BY A SINGLE NEUTRAL ARBITRATOR. YOU AND WIKIFOUNDRY WILL COOPERATE IN GOOD FAITH TO SELECT THE ARBITRATOR WITHIN THIRTY (30) CALENDAR DAYS OF THE COMMENCEMENT OF ANY ARBITRATION PROCEEDING. IF YOU AND WIKIFOUNDRY CANNOT AGREE UPON A NEUTRAL ARBITRATOR WITHIN THE THIRTY-DAY PERIOD, THEN EITHER PARTY MAY REQUEST THAT THE AAA APPOINT, IN ITS SOLE DISCRETION, A NEUTRAL ARBITRATOR. YOU AND WIKIFOUNDRY FURTHER AGREE THAT NO ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD ANY RELIEF OR REMEDY IN EXCESS OF OR CONTRARY TO WHAT IS PROVIDED IN THIS AGREEMENT, EXCEPT WHERE SUCH PROVISION IS NOT PERMITTED UNDER APPLICABLE LAW. THE ARBITRATOR'S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED INTO IN ANY COURT HAVING JURISDICTION. THE LAW THAT IS APPLIED TO THIS AGREEMENT ALSO WILL BE APPLIED IN ANY ARBITRATION PROCEEDING. ALL ADMINISTRATIVE COSTS AND FEES OF THE ARBITRATION WILL BE BORNE EQUALLY BY YOU AND WIKIFOUNDRY. YOU AND WIKIFOUNDRY WILL EACH BEAR THE EXPENSES OF ITS OWN COUNSEL, EXPERTS, WITNESSES, AND THE PREPARATION AND PRESENTATION OF EVIDENCE IN CONNECTION WITH ANY ARBITRATION.
Waiver of Jury Trial and Class Actions – BY ENTERING INTO THIS AGREEMENT, YOU AND WIKIFOUNDRY ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND WIKIFOUNDRY BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS AND THAT IF ARBITRATION IS NOT CONDUCTED ON AN INDIVIDUAL BASIS, THIS SECTION WILL BE DEEMED NULL AND VOID. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND WIKIFOUNDRY BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
Severability: If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.
Termination: WikiFoundry may terminate this Agreement, or terminate or suspend your access to the Site and remove and discard any Submissions at any time, with or without cause, with or without notice.
15. CONTACT USIf you have any questions about this Agreement, the practices of this Site, or your dealings with this Site, please contact us or write to us at the following address:
Attn: Customer Service
10194-27 Legend Court, Ancaster, Ontario