8. Third Party Materials
The Services may display, include, or make available third-party content (including data, information, applications and other products or services) or provide links to third-party websites or services (collectively, “Third Party Materials”). SONNEMAN does not make any representations or warranties about any Third-Party Materials, their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Third Party Materials are independent from us, and have no control over, or responsibility with respect to, the information provided or activities undertaken by Third Party Materials. A link between the Services and Third Party Materials not mean that we endorse it. Third Party Materials and links thereto are provided solely as a convenience to you, and you need to make your own independent decisions regarding your interactions or communications with Third Party Materials.
10. Submitted Ideas
11. Copyright Infringement
The Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the website infringe your copyright, you (or your agent) may send SONNEMAN a notice at the address listed below requesting that we remove the material or block access to it, but your written notice of alleged copyright infringement must substantially include the following information:
- dentification of the copyrighted work that you believe to be infringing and its location. Please describe the content in as much detail as possible and provide us with its URL or any other pertinent information that will allow us to locate the content.
- Your name, address, telephone number, and (if available) email address.
- A statement that you have a good faith belief that the use of the work you are reporting is not authorized by the copyright owner, its agent or the law.
- A statement that the information you have supplied is accurate and indicating under penalty of perjury that you are the copyright owner or authorized representative.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details.
Notices and counter-notices should be sent to: SONNEMAN Legal Department, 20 North Ave., Larchmont, NY 10538 or email@example.com.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that Content on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
12. CLASS ACTION WAIVER AND ARBITRATION AGREEMENT
PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR FINAL BINDING ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION (hereinafter “Class Action”).
Most customer concerns can be resolved by contacting Customer Service at firstname.lastname@example.org. In the event Customer Service is unable to resolve a complaint to your satisfaction, this section explains how any Claims (as defined below) are resolved through arbitration. In this Agreement to Arbitrate, the term “SONNEMAN” includes any of its affiliates or subsidiaries, and any persons or entities (including agents or employees) related to SONNEMAN or its affiliates or subsidiaries.
You and SONNEMAN agree that any claim, dispute or controversy arising out of or relating to your use of this website or any product(s) or service(s) sold or other benefit offered to you by/through SONNEMAN (except claims, disputes, or controversies concerning either (i) the validity, enforceability, or scope of any part of this Agreement to Arbitrate or (ii) intellectual property rights) shall be subject to binding individual arbitration (hereinafter “Claim” or “Claims”). IN ARBITRATION, NEITHER YOU NOR SONNEMAN WILL HAVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT OR HAVE A JURY TRIAL ON ANY CLAIM. BOTH PARTIES HEREBY AGREE TO PROCEED IN ARBITRATION AND WAIVE ALL RIGHTS TO A JURY TRIAL OR OTHER TRIAL IN COURT. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND SONNEMAN EACH UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY.
Prohibition of Class Action. YOU AND SONNEMAN AGREE THAT ANY AND ALL CLAIMS AGAINST EACH OTHER MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS IN ARBITRATION. YOU AND SONNEMAN AGREE TO FORGO/WAIVE ANY RIGHT OR ABILITY TO FILE, OR PARTICIPATE IN, ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION AGAINST THE OTHER PARTY AND INSTEAD AGREE TO ARBITRATE ALL CLAIMS AGAINST THE OTHER PARTY ON AN INDIVIDUAL BASIS ONLY. YOU AND SONNEMAN AGREE THAT CLAIMS OF TWO (2) OR MORE PERSONS MAY NOT BE COMBINED OR CONSOLIDATED IN THE SAME ARBITRATION. YOU AND SONNEMAN AGREE THAT THE ARBITRATOR HAS NO AUTHORITY OR POWER TO ARBITRATE OR OTHERWISE DECIDE ANY CLAIM ON A CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE BASIS, AND MAY AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). THE ARBITRATOR ALSO HAS NO POWER OR AUTHORITY TO RULE ON HIS/HER OWN JURISDICTION OR TO DETERMINE THE VALIDITY, ENFORCEABILITY, OR SCOPE OF ANY PART OF THIS AGREEMENT TO ARBITRATE. If this specific provision is found to be unenforceable, then neither you nor we will be entitled to arbitrate our dispute.
Claims. All Claims are subject to arbitration, no matter what legal theory the Claims are based on and no matter what remedy (including any type of monetary relief (including but not limited to damages and penalties) and including any type of injunctive, declaratory, or other equitable relief) the Claims seek, including but not limited to: Claims based on contract, tort (including but not limited to intentional torts), fraud, agency, negligence, equity, qui tam, deceptive trade practices, any statutory or regulatory provisions (federal, state, or otherwise), or any other sources of law (federal, state, or otherwise); Claims made as initial claims, counterclaims, cross-claims, third-party claims, interpleaders, or otherwise; and Claims made regarding past, present, or future conduct. You agree not to sell, assign, or transfer any Claim.
Demand for Arbitration. A party who intends to arbitrate (“Claimant”) must first send to the other party (“Respondent”) a written notice, entitled “Demand for Arbitration” (“Demand”). The Demand must: (1) briefly explain the dispute; (2) provide the Claimant’s name and address, the address of the Claimant’s representative (if the Claimant has one), and the Respondent’s name and address; (3) specify the amount of money in dispute, if applicable: (4) if the Claimant is requesting an in-person hearing, identify the requested location for the hearing; and (5) include a statement of what the Claimant wants. The Claimant must send one copy of the Demand to AAA at the same time the Claimant sends it to the Respondent. When sending a copy of the Demand to AAA, the Claimant must also include a copy of this arbitration agreement and any amendments to it and the then current filing fee required by the AAA. The Demand must be sent to the AAA at the following address:
American Arbitration Association
Case Filing Services
1101 Laurel Oak Road, Suite 100
Voorhees, NJ 08043
Alternatively, the Demand may be filed with the AAA online using AAA WebFile at https://www.adr.org.
Arbitration Rules. Arbitration shall be administered by the American Arbitration Association (“AAA”) according to this Agreement to Arbitrate and the applicable AAA consumer arbitration rules (except any AAA or other rules permitting class, collective, consolidated, or representative arbitrations, which rules are not part of this Agreement to Arbitrate and are not applicable) in effect when the Claim is filed (hereinafter “AAA Rules”). If there is any conflict (express or
implied) between the AAA Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. You can obtain copies of the AAA Rules at AAA’s website (www.adr.org) or by calling 800-778-7879. You or SONNEMAN may choose to have an in-person arbitration hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person arbitration hearing will be held within 50 miles of your billing address, unless you and SONNEMAN agree on a different location.
Arbitration shall be initiated in accordance with the AAA Rules, except that the parties agree that any demand for arbitration or other similar document will be signed by the filing party personally (for SONNEMAN, by an authorized non-lawyer representative) and not by an attorney. The arbitration shall be conducted by a single arbitrator in accordance with this Agreement to Arbitrate and the AAA Rules. Both you and SONNEMAN shall participate equally in the selection of the arbitrator. The parties shall request AAA to provide a panel of seven (7) neutral arbitrators from AAA’s national roster of arbitrators along with materials showing the background of each arbitrator on the panel provided. Within seven (7) calendar days after the panel is received, the parties shall take turns striking unacceptable arbitrators from the panel until only one remains. The parties then shall inform AAA of the remaining arbitrator who will decide the dispute. If both parties agree that the remaining arbitrator is unacceptable, the parties may request a second panel from AAA and the selection process will begin again. If both parties agree that no one on the second panel is acceptable, either party may request AAA to appoint an arbitrator who was not on either panel.