Last updated: April 06, 2020
THIS IS A CONTRACT
BY USING THE SITE, YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS SITE.
THIS AGREEMENT REQUIRES THE BINDING ARBITRATION OF ANY AND ALL DISPUTES, AS STATED IN THE "ARBITRATION" SECTION BELOW (OTHER THAN CERTAIN INTELLECTUAL PROPERTY DISPUTES DESCRIBED IN THAT SECTION, AND CLAIMS THAT MAY BE ADJUDICATED IN SMALL CLAIMS COURT), WHICH YOU SHOULD READ IN ITS ENTIRETY. YOU EXPRESSLY AGREE WITH US THAT ANY DISPUTE MAY ONLY BE RESOLVED THROUGH AN INDIVIDUAL ARBITRATION BETWEEN YOU AND US, AND SHALL NOT BE BROUGHT AS A CLASS ARBITRATION, A CLASS ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
IF YOU ARE UNDER AGE 18, YOU MAY NOT USE THIS SITE.
The Services (described below) are intended for people 18 and older. You may not register as a member unless you are 18 or older. Users must identify their age during the registration process, and by becoming a registered User you represent and warrant that you are at least 18 years old. We expressly disclaim, and you expressly release Strategic DX from, any and all liability whatsoever for any controversies, claims, suits, injuries, harm, loss, penalties, damages, arising from or in any way related to any misrepresentations regarding the age of any User. We will terminate with or without notice the membership of any User who we believe has provided false information when registering.
RULES FOR INTERPRETATION
To help ensure that we all read and understand this Agreement the same way, here are a few rules of interpretation that apply to this Agreement:
- "or" is not exclusive and includes "and/or";
- "including" means "including, without limitation";
- "shall" means ‘has a duty to; is required to;'
- headings do not affect interpretation;
- unless the context clearly requires otherwise (i) singular includes plural and plural includes singular, and (ii) words of one gender include all genders;
- references to Users or persons shall be deemed to include individuals, companies, corporations, bodies corporate, limited liability companies, firms, partnerships, joint ventures, incorporated and unincorporated associations, organisations, trusts, states or agencies of state, government departments and local and municipal authorities, in each case whether or not having separate legal personality; and
- unless the context clearly requires otherwise, the terms "herein," "hereunder," "hereby," "hereto," "hereof" and any similar terms refer to this Agreement as a whole and not to any particular Section.
OWNERSHIP, LICENSE AND RESTRICTIONS
The Site and Service is licensed, not sold, to you. All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belong to Strategic DX or our licensors.
We grant you a nontransferable, revocable, limited license to use the Site and Service on a device that you personally own or control. You may not install or use a copy of the software on a device you do not own or control. You may not distribute or make the Services vailable over a network where it could be used by multiple devices at the same time. You may not sell, rent, lend, lease, redistribute, or sublicense the Site or Service or work around any technical limitations in the software. You may not copy, reverse engineer, decompile, disassemble, modify, create derivative works or otherwise attempt to derive the source code of this software. Any use of the software and its content not explicitly permitted by these Terms is a breach of this agreement and may violate the law. If you violate these Terms, your permission to use this Site automatically terminates and you must immediately cease using the Site.
ACCESS TO THIS SITE
To access this Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time.
SERVICES & REGISTRATION
We offer a Site utilizing the Dash software application and/or the Your Dealer Experience software application where automobile dealers, RV dealers, power sport dealers, service providers, vendors, third party administrators, product providers, program underwriters, customers, and other Users, can register to access, review, file, supplement, manage and communicate on vehicle service contracts, extended warranties, limited warranties, road hazard programs, roadside assistance programs, insurance, product protection programs and the related repair claims and services, (the "Services"). We also offer an optional key tracker feature as part of the Services. Registration includes filling out questionnaires and documents directly with Strategic DX. We do not control or confirm user generated content. Strategic DX is not responsible for the truthfulness or reliability of any information provided by a User on or off this Site. We have no control over the acts or omissions of any User, on or off the Site.
Warning: ALL USE OF THE SERVICES IS AT YOUR SOLE RISK.
We hereby disclaim, and you hereby release Strategic DX from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages (a) arising from or in any way related to the Services or your interactions or dealings with other Users, including any acts or omissions of Users in any way using or having used the Services, on or off the Site, and (b) the use by any person of information provided on the Site. By using the information on this Site and any Services, you are solely responsible for such use.
To use the Services, you must register for an account by completing all required registration documents. As part of the registration process, you must provide: (a) information about yourself that is truthful, current, complete and accurate; and (b) update this information as often as necessary to keep it accurate.
You are solely responsible for maintaining the confidentiality of your password, username and all uses of your account. You agree not to use the account, username or password of anyone else. Multiple accounts are prohibited. You agree to have only one account and to keep your password secret. You agree to notify Strategic DX immediately of any unauthorized use of your account.
By registering to become a User/member, you warrant and represent that:
1. You are 18 years of age or older, or if you are under 18, you have received parental consent and are acting under parental supervision;
2. All information you provide to us is truthful, current, complete and accurate and you will update the information to maintain its accuracy; and
3. You will comply with all applicable laws, rules and regulations in connection with your use of the Services, any services arranged through the Services, and any interactions with other Users including being legally authorized to work in the jurisdiction in which you seek to provide any services.
ACCEPTABLE USE OF SITE – USER CONDUCT RULES
You are responsible for all of your actions on this Site, and your communications with other Users, and you may not engage in any behavior that violates this Agreement.
You must comply with all applicable laws, ordinances, rules, and regulations regarding use of the Site, and will not access the Site from jurisdictions where it is illegal or prohibited. Users are responsible for complying with all local rules, laws, and regulations. You may use this Site for purposes expressly permitted by this Site. As a condition of your use of the Site, you warrant to Strategic DX that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. You may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of Strategic DX. For purposes of this Agreement, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with Strategic DX in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. In addition, you may not use the Site in any manner which could disable, overburden, damage, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site.
As a condition of your use of the Site as a User or member, you promise you shall not use the Site or its communications services to offer, sell or distribute any product, good or service.
You promise you shall not use the Site or its communications services to engage in, or assist others to engage in, any of the following:
- Sublicense to, transfer, network, transmit, distribute, reproduce, republish, modify, create derivative works of, or permit use of the Site by any third party;
- Reverse engineer, decompile, or disassemble any aspect of the Site or set up competing networks such as shadow servers, or pirate servers;
- Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other Users;
- Transmit or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Transmit any software virus 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;
- Monitor traffic or make search requests in order to accumulate information about individual Users;
- Stalk or otherwise harass another person;
- Modify, delete or damage any information contained on the personal computer of any other User;
- Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Promote terrorism, abuse, libel, hate, personal injury, property damage, violence, or intolerance;
- Defame any person;
- Operate a betting, wagering, lottery, raffle, sweepstakes, pyramid, Ponzi or similar scheme or game or contest of chance;
- To collect information about others (such as e-mail addresses or other personally identifiable information) without their consent;
- To Upload, post, use or otherwise make available any content that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
- Send SPAM or use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
- Attempt to interfere with, compromise the system integrity or security of our Site Impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; or
- Make any false or misleading claim or representation.
USER CONTENT – USERS' POSTS & COMMUNICATIONS
You are solely responsible for the content you post on the Site including but not limited to photos, text, videos, graphics, and personal information. You are solely responsible for the content of your communications with other Users. Strategic DX does not take any responsibility for the accuracy of any information, ideas or opinions posted by Users. By posting any information or other content on the Site, you have authorized Strategic DX to publish such materials in any manner desired without any obligation to compensate you or anyone else. Users use the Site entirely at their own risk.
Strategic DX does not monitor posts or comments, and we do not investigate, approve, or endorse any posts or comments by Users. You may be exposed to content that may be inaccurate, offensive, indecent, or objectionable. We are not liable for any damages or losses resulting from such user content. You will provide us with your email address when you become a registered User. By doing so, you consent to our using the email address to send you any notices required by law, in lieu of communication by mail, along with other messages.
Once you become a registered User, you are solely responsible for the activity that occurs on your account and for keeping your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Strategic DX is not liable or responsible for any loss or damage caused by unauthorized use of your account, regardless of the reason.
If you become a registered User, you understand and agree that your use or reliance on any information from other Users on the site is solely at your own risk. Strategic DX does not verify, endorse or control any of the information provided by Users.
Strategic DX and third parties acting on our behalf may send you e-mail notifications to provide important information. You may opt out from receiving e-mails by selecting the "opt out" feature in each e-mail. However, even if you opt out you agree that you will still be held responsible for the information contained in these e-mails.
The Site may change, or information or services available on the site may be discontinued, at any time, and without notice. Information on the Site may be out of date, and Strategic DX makes no commitment to update this information.
Strategic DX may, but is not obligated to, delete any content that we, in our sole discretion, believe violates the terms of the this Agreement or which may be illegal or offensive, or which poses a threat to the rights or safety of other Users. Prohibited content and communications includes anything that:
- Is unlawful, defamatory, harassing, inciting, threatening, hateful, harmful, bigoted, racially offensive or otherwise objectionable;
- Interferes with another user's rights to privacy;
- Displays sexually explicit material of any kind;
- Encourages criminal conduct, gives rise to civil liability or violates any law or regulation;
- Contains any personally identifiable information about another use without that person's express consent;
- Uses false or misleading e-mail addresses or impersonates any person or entity, or falsely states or misrepresents your affiliation with a person or entity;
- Posts any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner;
- Posts any materials that may damage the operation of a computer (such as a virus worm or Trojan horse); or
- Advertises or sells any goods or services not authorized by the Site.
Strategic DX has the right, but not the obligation, to monitor User content on the Site to determine compliance with this Agreement. Strategic DX shall have the right in its sole discretion to edit, refuse to post or remove any User content. Strategic DX shall not be liable for any loss or damage of any kind caused by reliance on information obtained through the Site. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request.
Any User who feels that a posted message is objectionable is encouraged to Contact Us immediately by email to email@example.com. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time, if we determine that removal is necessary.
Strategic DX is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230 and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on the Site.
Each User represents and warrants that (1) the User is the owner of (or has all the necessary rights and permissions required to use) all intellectual property in the content you post or upload and have the written consent of each and every identifiable natural person in the content to use such person's name or likeness in the manner contemplated., and (2) the User content, and use of the User content on the Site will not infringe any intellectual property rights, proprietary rights, privacy rights, confidentiality and rights of publicity or otherwise violate this Agreement.
By posting any content on the site, you expressly grant, and you represent and warrant that you have a right to grant, to Strategic DX a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User content including, without limitation, your name, voice, or likeness as contained in your User content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service.
You hereby irrevocably assign all worldwide rights, title and interest in and to all of your User content posted; and, hereby waive and release Strategic DX from any claims that you now have or may hereafter have, known or unknown relating to or resulting from your User content including, without limitation, infringement or violation of any privacy right or obligation of confidentiality.
TERMINATION OR RESTRICTION OF ACCESS
Strategic DX reserves the right, in its sole discretion, to terminate your access to any or all of this Site and the related services or any portion thereof at any time, without notice.
DISCLAMER OF WARRANTIES
Except as otherwise expressly provided, all content, information, Services and tools on this Site are provided on an "As Is", "As Available" basis. Use of this Site is solely at your own risk.
THE SITE AND SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, Strategic DX, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE SITE OR USER CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY BENEFIT OR REVENUE; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS INCLUDING ANY FAILURE OF ANY SERVICE TO MEET YOUR EXPECTATIONS. WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
To the extent permissible by law, Strategic DX expressly disclaims any and all other warranties. Electronic Communications Privacy Act Notice (18 USC §2701-2711): Strategic DX MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OUR WEBSITE OR ANY WEBSITE LINKED TO OUR WEBSITE. Strategic DX is not liable for the privacy of email addresses, registration and identification information, communications, confidential or trade-secret information, or any other User content stored on our equipment, transmitted over networks accessed by our Website, or otherwise connected with your use of the Service.
LIMITATION OF LIABILITY
IN NO EVENT WILL Strategic DX AND ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, REGARDLESS OF THE NATURE OR BASIS OF THE CLAIM, RESULTING FROM ANY USE OF THE SITE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEBSITE INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, FAILURE OF PERFORMANCE, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR EQUIPMENT OR NETWORK FAILURE OR OTHERWISE, EVEN IF THERE IS NEGLIGENCE BY Strategic DX OR AN AUTHORIZED Strategic DX RESPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AGREE THAT YOUR USE OF THE SITE IS CONDITIONED UPON YOUR WAIVER OF ANY RIGHT TO SUE Strategic DX AND ITS AFFILIATES OR TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR DAMAGES OR LOSSES RESUTLING FROM YOUR USE OF THIS SITE.
YOU AGREE THAT Strategic DX WILL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS Strategic DX AND ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THE TOTAL, CUMULATIVE, LIABILITY OF Strategic DX, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
You agree at your expense to indemnify, defend and hold harmless Strategic DX and its affiliates from any and all loss, damage or liability including reasonable attorney's fees arising from any third-party claim, action or allegations of infringement based on: (1) information, content or data you submitted in connection with the Site; (2) your use of this Site in breach of any term or condition in this Agreement; and (3) any violation of an applicable law, regulation or rights of another including misrepresentation and fraudulent conduct.
We may provide links to third-party websites or services and may link you automatically to sponsors or third-party's websites or services. Strategic DX provides such links solely as a convenience to you. Strategic DX does not maintain, review, endorse or take responsibility for the content, products, services or other materials of linked sites. You understand and accept that you take full responsibility for your use of third-party websites or services.
You shall not use or access the Site in the European Union (the "EU"), and you shall not use the Services for the collection or processing of information or data from any EU subject. The Services are not intended to process personal data of subjects in the EU, and we do not offer goods or services to EU citizens. You shall not use the Services to collect, organize, transmit, update, store, delete or otherwise use or work with the personal data of individuals located within the EU.
COPYRIGHT AND INTELLECTUAL PROPERTY
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof, and believe that any User content hosted on this Site infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works from the Site;
- 3. Identification of the material that is claimed to be infringing 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 the Site to locate the material;
- 4. Information reasonably sufficient to permit the Site to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 7. Strategic DX's registered copyright agent to receive notifications of claimed infringement is:
2285 Manatt Court, Suite C
Castle Rock, CO 80104
If you fail to comply with all of the requirements of this section your DMCA notice may not be valid.
Strategic DX, the Strategic DX logo and any other product and service names that we may present on the Site are trademarks or registered trademarks of Strategic DX, Inc.. Other trademarks, service marks or logos that appear on the Site may be the property of third parties and are likely to be registered trademarks and subject to restrictions as to their use. Your use of the Site does not grant you a right or license to use or reproduce any Strategic DX or third-party trademarks without first receiving the express permission of both Strategic DX and the trademark owner.
- You may not utilize framing techniques to enclose any Strategic DX trademark or logo without our express written consent.
- You may not use any meta tags or any other "hidden text" utilizing the name of the Site or associated trademarks or Strategic DX's name or trademarks without our express written consent.
- You may not deep-link to the Site and will promptly remove any links that Strategic DX finds objectionable in its sole discretion.
- You may not use any logos, graphics, or trademarks of Strategic DX or those related to the Site as part of the link without our express written consent.
RESOLUTION OF DISPUTES - ARBITRATION
This Agreement shall be governed by the laws of the State of Colorado without regard to its conflict of laws provisions. You agree that any disputes or claim arising out of or in connection with this Agreement shall be adjudicated in Denver County, Colorado. Any provision of this Agreement that is found to be invalid or unenforceable will be replaced by a valid and enforceable provision that achieves, as near as possible, the same objectives as the deleted provision was intended to achieve. The remaining provisions of this Agreement shall remain in full force and effect. The failure of Strategic DX to act with respect to a breach by you does not waive the right of Strategic DX to act with respect to similar future breaches. This agreement shall be binding upon each party's successors and assigns. Strategic DX shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Strategic DX's reasonable control. Any notice required or given to you under this Agreement shall be sent to the e-mail address you provided by you upon registration. Except as otherwise expressly provided, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law or in equity. YOU AND Strategic DX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE STIE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
(a) Any and all disputes, controversies, claims and conflicts arising out of or in connection with this Agreement or its performance, including disputes on its validity, conclusion, binding effect, breach, nature, amendment, expiration and termination, shall be resolved through binding arbitration conducted under the Colorado Uniform Arbitration Act, C.R.S. § 13-22-201, et seq. with a single arbiter, and administered by Judicial Arbitrator Group, Inc., 1601 Blake St, Suite 400, Denver, CO 80202, Tel 303-572-1919, Fax 303-571-1115 ("JAG") in Denver, Colorado . If JAG is no longer in existence, then Strategic DX shall nominate a replacement arbitrator group located in Denver, Colorado. The arbitrator shall use his reasonable efforts to schedule and complete the arbitration within 90 days after the arbitrator is selected, and may participate in any depositions.
(b) The arbitrator shall be selected from JAG's panel of arbitrators, shall be impartial and independent, and shall be knowledgeable and experienced in the subject matter of the arbitration. The arbitral proceeding shall accord to each of the parties the right of cross-examination of witnesses, the right to provide witnesses including expert witnesses, and the right to make both written and oral submissions.
(c) The Users are bound, each to each other, by this arbitration clause. Each User agrees that he or she may be joined as an additional party to an arbitration involving any other party or parties under this Agreement. If more than one arbitration is begun under this Agreement and any party thereto contends that two or more arbitrations are substantially related and that the issues should be heard in one proceeding, the arbitrator(s) selected in the first-filed of such proceedings shall determine whether, in the interests justice and efficiency, the proceedings should be consolidate before that arbitrator.
(d) All costs of arbitration shall, unless the arbitral award provides otherwise, be shared equally by the parties. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute; provided, however, that the arbitrator may award attorneys' fees and costs.
(e) No party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute arising from or in relation to this Agreement except in connection with the recognition or enforcement of an arbitral award granted pursuant to this clause.
(f) Any arbitration proceeding under this Agreement must be commenced no later than one year after the controversy or claim arises. Failure timely to commence an arbitration proceeding is both an absolute bar to the commencement of arbitration proceedings with respect to the controversy or claim and a waiver of the controversy or claim.
(g) Any party is entitled to apply to the arbitrator seeking interim or provisional relief until the arbitration award is rendered or the controversy is otherwise resolved. The arbitrator has the authority to issue orders granting interim or provisional relief.
(h) Any party has the right to appeal the arbitrator's award to an appellate arbitrator by filing with JAG, no later than 20 days after transmittal of the award, a written brief, not to exceed 20 pages, stating the reasons why the arbitrator's decision should be reversed or modified. The opposing party shall file with JAG and serve on the appealing party, no later than 20 days after receiving the appeal brief, an opposition brief, not to exceed 20 pages. The JAG is to appoint the appellate arbitrator who is to be a retired judge of a court of record in the State of Colorado. The JAG is to make this appointment directly, without submission of lists of proposed arbitrators, and the party filing the appeal must pay all JAG costs and the costs and fees of the appellate arbitrator related thereto.
(i) Either party has the right to request oral argument, which must be conducted no later than 14 days after the submission of the final brief. The appellate arbitration is to be based only on the record of the initial hearing and oral argument, if any. The appellate arbitrator is to render a written decision no later than 20 days after receiving the final appellate submissions. The appellate arbitrator's decision may be a final decision or it may affirm, reverse, modify or remand the matter for further proceedings by the arbitrator or arbitral panel. However, the reversal, modification or remand may only be on one of the following grounds:
(i) Any ground specified in 9 U.S.C. §§ 10 or 11. (ii) The award contains material errors of applicable law. (iii) The award is arbitrary or capricious.
This Agreement is the complete and entire understanding and agreement between Strategic DX and you in connection with your use of this Site, hyperlinks to the Site and the content and software displayed on the Site, and supersedes any prior agreements, proposals or understandings between you and Strategic DX including prior versions of the Agreement. As a user of the Site you, you understand and are held responsible for periodically reviewing the terms of this Agreement. Strategic DX may update this Agreement from time to time by posting revised versions of the Agreement on the Site without notice to you except that we will post the effective date at the top of the Agreement. Any continued use of the software or Strategic DX service by you after such amendments have been posted shall be deemed your acknowledgement and consent to the amended terms.