Terms of Use

Carpe Juvenis, LLC

TERMS OF USE

Last updated: November 25, 2013

Welcome to the Carpe Juvenis websites.  Our websites, including without limitation the CarpeJuvenis.com website, and all content, products and services accessible through or provided in connection with the websites, are referred to herein, collectively and individually, as “the Site.” The Site is made available by Carpe Juvenis LLC (“us,” “we,” or “Carpe Juvenis”). The following terms and conditions (“Terms of Use”) govern your access to and use of the Site.

THIS SITE IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13, UNLESS YOUR PARENT OR LEGAL GUARDIAN HAS CONSENTED, IN WRITING, TO YOUR ACCESS TO AND USE OF THE SITE.  IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THE SITE OR PROVIDE CARPE JUVENIS WITH ANY PERSONALLY IDENTIFIABLE INFORMATION UNLESS YOUR PARENT OR GUARDIAN HAS PROVIDED THEIR WRITTEN CONSENT.  IF YOU ARE 13 OR OLDER BUT NOT OF LEGAL AGE TO ENTER INTO A CONTRACT, YOU SHOULD REVIEW THESE TERMS OF USE WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS OF USE.

PLEASE SEE SECTION 13 FOR IMPORTANT INFORMATION CONCERNING REQUIRED ARBITRATION UNDER THESE TERMS OF USE.

Please read these Terms and Conditions carefully. By accessing or using the Site, or by submitting content on or through the Site or otherwise for publication by Carpe Juvenis, you (“you” or the “User”) agree to abide, and that you are bound, by these Terms of Use and the Carpe Juvenis Privacy Policy, which is incorporated herein by reference, both as amended from time to time in our discretion. We reserve the right to change these Terms of Use at any time, and you agree (including by virtue of your continued use of our Site) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance our Site shall be subject to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site. These Terms of Use include a release by you of all claims for damage against us that may arise out of your use of the Site. By using the Site, you agree to this release.

Privacy Policy

Carpe Juvenis respects the privacy of its Users. Please refer to Carpe Juvenis’ Privacy Policy (found here: www.carpejuvenis.com/privacy) which explains how we may collect, use, and disclose your information. When you access or use the Site, you signify your agreement to this Privacy Policy, which is incorporated by reference into these Terms of Use.

1.      Use of the Site

You may use the Site only in accordance with and subject to these Terms of Use and the Carpe Juvenis Privacy Policy. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity which infringes or otherwise violates the rights of Carpe Juvenis or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to:

a.)    Transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us.

b.)    Introduce to the Site any computer or website viruses, worms, “Trojan horses,” and/or harmful codes.

c.)    Transmit unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

d.)   Submit to or through the Site any Content in which you do not own all rights or otherwise have any necessary rights or permissions, including, without limitation, copyright, patent, trade secret, privacy, publicity, or any other applicable proprietary right.

e.)    Conduct fraudulent activities.

f.)     Obtain unauthorized access to any computer system in a manner not authorized by Carpe Juvenis.

g.)    Disguise yourself, your Content, or your affiliations, or impersonate any other person including but not limited to, an employee of Carpe Juvenis, a user or contributor of this Site.

h.)    Invade the privacy or violate any personal or proprietary right, including intellectual property, of any person or entity.

i.)      Engage in any defamatory, disparaging, harassing, or abusive behavior, or submit any Content to or through the Site that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, false, offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.

j.)      Misrepresent the identity of a user or use a false e-mail address.

k.)    Tamper with or obtain unauthorized access to the Site or any Content or component thereof.

l.)      Collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.

m.)  modify our copyright/trademark or other proprietary rights notices, or interfere with the security-related features of the Site.

n.)    use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained in or on or accessed through the Site, or use software to determine architecture of or extract usage data from the Site.

You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

2.      Proprietary Rights

All names, terms logos, slogans, images, and other indicia identifying Carpe Juvenis or the Site, including without limitation the “Carpe Juvenis” name and logos (collectively, “Marks”) are trademarks and service marks of Carpe Juvenis. Other company, product, and service name and logos used and displayed may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Carpe Juvenis. All goodwill generated from the use of Carpe Juvenis Trademarks will inure to our exclusive benefit.

The Site and all of the content relating to the Site, including without limitation all content, illustrations, photographs, artwork, text, data and materials on the Site, as well as the selection, organization, coordination, compilation and overall look and feel of the Site (collectively, the “Content”) are the intellectual property of Carpe Juvenis, LLC, our licensors and our contributors. The Content is protected by copyright and other intellectual laws and all ownership rights remain with us, our licensors or our contributors, as the case may be.

Nothing contained on the Site should be understood as granting you a license to any use of the trademarks, service marks, or logos owned by Carpe Juvenis or by any third party.  Any use of the Content or Marks without our express written permission is strictly prohibited.  We reserve all rights in and to the Site unless we expressly state otherwise.

 3.      Product Purchases

Our Site may allow you to purchase certain downloadable content or other products.  We attempt to be as accurate as possible with respect to product descriptions.  However, we do not warrant that product descriptions are accurate, complete, reliable, current or error-free.  Products and downloadable content purchased from the Site are not returnable.  However, if you have technical problems completing a product purchase or download, please let us know so that we can assist you in completing your purchase and improve our services.

We may rely on a third party payment processor, such as PayPal, to complete transactions on our website.  When you make a purchase from our Site, you will be connected to the third party payment processor’s website in order to complete the payment and purchase.  The third party payment processor’s privacy policy and terms of use will apply to your access to and use of their site, as well as any information you submit during the purchase process.

4.      User Content

a.       Your Representations and Warranties Regarding Your User Content

You are solely responsible for any User Content that you post or otherwise submit to or through the Site, and the consequences of posting or publishing it. By “User Content,” we mean any content you post to the Site, including without limitation any reviews, comments, information, articles, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or other materials. By “post” we mean posting, uploading, sharing, submitting, or otherwise providing User Content in any manner to, through or in connection with the Site or Carpe Juvenis. If you post User Content, you represent and warrant to us that you either own all rights in your User Content, or you have the right to post Your User Content, including without limitation all intellectual property and proprietary rights all necessary written consents, releases, and/or permissions of each and every identifiable individual person depicted in such submissions. Furthermore, you represent and warrant that you have the right to allow us to make your User Content available for others to view and use as part of the Site without requiring that any such use be subject to additional obligations or terms. If you do not have these rights, do not post any User Content.

 b.      License to Your User Content

By posting or otherwise submitting your User Content, you grant us a worldwide, non-exclusive, royalty-free, fully-paid, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, publish, display, and perform your User Content in connection with the Site and our business, in any media formats or in tangible form and through any media channels now known or hereinafter developed.

We have the sole right, but not the obligation, to delete at any time any User Content that violates these Terms or that we believe to be inappropriate for any reason.

c.       What Happens to Your Submitted Content

You understand that once you post or submit User Content, your content becomes public. We are not responsible for keeping any User Content confidential. If you do not want the whole world to see your contributions and submissions, do not submit it to the Site. Furthermore, we may be required to disclose your User Content to third parties if we have a good faith belief that access, use, preservation or disclosure of such User Content is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce these Terms of Use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Carpe Juvenis, its users or the public as required or permitted by law.

Actively submitted User Content sent to submissions@carpejuvenis.com may, but will not necessarily be reviewed before posting to the Site. We do not endorse any User Content or support any views, opinions, recommendations, or advice that may be in User Content. User Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any User Content. You may be offended by User Content that you see on the Site. You may find some of it to be inaccurate, offensive, indecent, or objectionable. However, you agree not to hold us responsible in any way for your use of our Site, including your exposure to User Content.

5.      Links and Third Party Content

 Carpe Juvenis may contain links to and quotation of other websites on the Internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality, privacy practices, advertising, products or other materials or any other aspect of any linked website. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party. We encourage our Users to be aware when they leave Carpe Juvenis and to read the privacy statements of any website that collects personally identifiable information. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.

Opinions and other statements expressed by users and third parties (e.g., other websites, bloggers) are theirs alone, not opinions of Carpe Juvenis. Content created by third parties is the sole responsibility of the third parties and we do not endorse or guarantee its accuracy or completeness.  You might encounter third party content that you find to be offensive or objectionable.  You acknowledge that by providing you with the ability to view and distribute content through our site, Carpe Juvenis is not undertaking any obligation or liability relating to the content. Carpe Juvenis and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our site for inappropriate, offensive or unlawful content. Carpe Juvenis and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Carpe Juvenis reserves the right to block or remove communications, postings or materials at any time in our sole discretion.

 6.      Restricted Use of Content

a.) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our Site or any content thereon, except as permitted under the last sentence of this Section 4(a). Without limiting the generality of the foregoing (but subject to the last sentence of this Section 4(a)), you may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on our site; accordingly, you may from time to time excerpt and use materials set forth on this site consistent with the principles of “fair use.”  If you do so, you must maintain all copyright and other notices and properly attribute the material.
b.) We are concerned about the integrity of our Site when it is “framed” or otherwise viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of our Site. Neither you nor any third party shall make use of the contents of our Site in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.

7.      Indemnification

By using this Site, you agree to indemnify, hold harmless and defend Carpe Juvenis, and its officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates, from any claims, damages losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (1) your use or misuse of or your inability to access the Site; (2) your User Content; (3) your breach of the Terms of Use; or (4) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. Carpe Juvenis reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Your indemnification obligation will survive the termination of these Terms of Use and your use of the Site. In the event of litigation relating to the subject matter of Carpe Juvenis’ Terms of Use and Privacy Policy, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting therefrom.

 8.      Limitation, Suspension, Unavailability of Site

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Site (or any part thereof), or your access thereto, with or without notice. We may do so based on changes to our business practices, if you violate the letter and spirit of these Terms of Use, or for any other lawful reason. You agree that Carpe Juvenis shall not be liable to you or any third party for any such modification, suspension or discontinuance of our Site. Additionally, you acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Under no circumstances will Carpe Juvenis be held liable for any damages due to such interruptions or lack of availability.

Any limitation, suspension or termination we impose shall not alter your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive any such action on our part shall survive including, without limitation, the rights and licenses that you have granted to us in your User Content and provisions relating to indemnities, releases, disclaimers, limitations on liability, and dispute resolution.

9.      Copyright Notices

We respect the intellectual property rights of others.  If you believe that your work has been copied and has been posted, published, stored or transmitted to or by the Site in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to us via email to info@carpejuvenis.com, such email to include the below information, and we will address your concerns.

Please include all of the following written information in any email regarding your assertion of copyright:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed upon;

A specific description of where the material that you claim is infringing is located on the Site;

Your address, telephone number, and e-mail address;

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Carpe Juvenis’ Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:  Copyright Notice; info@carpejuvenis.com; Carpe Juvenis LLC, P.O. Box 294, Medina, WA 98039.  For more information regarding the procedures under the DMCA, please visit the U.S. Copyright Office website at www.copyright.gov.

 10.  Notice

In the event that we are required by state or federal law to notify you of certain events, you hereby acknowledge and consent that such notices will be effective upon our posting such notice on the Site. You may contact us in writing at the following address:

Carpe Juvenis, LLC.
P.O. Box 294
Medina, WA 98039
info@carpejuvenis.com

11.  Disclaimer of Warranty

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON–INFRINGEMENT. ALL WARRANTIES ARE HEREBY DISCLAIMED AND YOU HEREBY WAIVE ANY AND ALL SUCH WARRANTIES TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

12.  Limitation of Liability

 a. UNDER NO CIRCUMSTANCES SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SITE, OR INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THESE TERMS OF USE OR ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED TO A DISPUTE BETWEEN YOU AND ANYONE ACCESSING THE SITE, OR YOU AND ANY THIRD PARTY IN CONNECTION WITH THE SITE. YOUR SOLE REMEDY FOR ANY DAMAGES OR DISSATISFACTION WITH THE SITE, OR INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE IS TO STOP USING THE SITE, EXCEPT AS OTHERWISE REQUIRED BY LAW. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS, INFORMATION, ADVICE, INFORMATION OR ADVERTISING RECEIVED THROUGH OR IN CONNECTION WITH LINKS PROVIDED VIA THE SITE. FOR EXAMPLE, WE SHALL NOT BE LIABLE OR RESPONSIBLE TO YOU (WHETHER IN CONTRACT, TORT OR OTHERWISE) FOR ANY CLAIMS, LOSSES OR LIABILITIES ARISING FROM OR RELATING TO YOUR ACCESS TO, PURCHASE OR USE OF ANY THIRD PARTY WEBSITES, PRODUCTS OR SERVICES, THE QUALITY OR TIMELINESS OF DELIVERY OF THE GOODS OR SERVICES FROM ANY THIRD PARTY OR FOR HONORING (OR CAUSING ANY MERCHANT TO HONOR) ANY ERRONEOUS INFORMATION REGARDING THE PRICE, DESCRIPTION AND AVAILABILITY OF, ANY DISCOUNTS, OFFERS, PROMOTIONS OR COUPONS, OR THIRD PARTY PRIVACY POLICIES RELATING TO ANY THIRD PARTY WEBSITES, PRODUCT OR SERVICES OFFERINGS PROMOTED OR AVAILABLE THROUGH THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

b. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY OR THAT OF OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED THE GREATER OF $2.00 OR THE PURCHASE PRICE FOR PRODUCTS YOU PURCHASED FROM US DURING THE ONE MONTH PRECEDING YOUR CLAIM. YOU AGREE THAT THIS IS A FAIR LIMITATION BASED UPON THE MANNER AND COST BY WHICH THE SITE IS PROVIDED TO YOU. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH THE SITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. CAUSES OF ACTION BROUGHT OUTSIDE THIS TIME PERIOD ARE WAIVED.

 

  • 13.  Governing Law, Exclusive Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the United States and the State of Washington, applicable to agreements made and to be performed therein without regard to conflict of laws principles. Except to the extent that arbitration is required in Section 13.B, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in Seattle, WA. Accordingly, you and Carpe Juvenis consent to the exclusive personal jurisdiction and venue of such courts for such matters.

 

  • 14.  Dispute Resolution

PEASE READ THIS SECTION CAREFULLY.  IT AFFECTS YOUR RIGHTS.

Certain portions of this Section 13 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Carpe Juvenis agree that we intend that this Section 13 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 13 can only be amended by mutual agreement.

If any controversy, allegation, or claim arises out of or relates to the site, or the content on the site whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Carpe Juvenis’ actual or alleged intellectual property rights (an “Excluded Dispute,” which includes those actions set forth in Section 13), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 15. Your notice to us must be sent to: P.O. Box 294, Medina, WA 98039. For a period of sixty (60) days from the date of receipt of notice from the other party, Carpe Juvenis and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Carpe Juvenis to resolve the Dispute or Excluded Dispute on terms with respect to which you and Carpe Juvenis, in each of our sole discretion, are not comfortable.

Alternative Dispute Resolution

a.)    Arbitration. If we cannot resolve a Dispute as set forth in Section 13 within sixty (60) days of receipt of the notice, then either you or we may submit the Dispute to formal arbitration in accordance with this Section 13. If we cannot resolve an Excluded Dispute as set forth in Section 13 within sixty (60) days of receipt of the notice, then either you or we may submit the Excluded Dispute to formal arbitration only if you and Carpe Juvenis consent, in a writing signed by you and an Officer or legal representative of Carpe Juvenis, to have that Excluded Dispute subject to arbitration. In such a case (and only in such a case), that Excluded Dispute will be deemed a “Dispute” for the remainder of this Section 13.
Upon expiration of the applicable sixty-day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than fifteen (15) years’ experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000, or if Carpe Juvenis elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three-member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party-appointed members or by the AAA in accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of these Terms of Use, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award. If you and Carpe Juvenis do not both consent to the arbitration of an Excluded Dispute, then this paragraph and the remainder of this Section 13 will not apply to the Excluded Dispute.

If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within sixty (60) days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Carpe Juvenis consent to in writing. The substantive practice area requirements for the arbitrator and the $250,000 threshold for a the number of arbitrators assigned to the Dispute set forth in the paragraph above for the AAA arbitration will also apply to any such arbitration under JAMS or another arbitration service.
You can obtain AAA and JAMS procedures, rules, and fee information as follows:
AAA: 800.778.7879 JAMS: 949.224.1810
http://www.adr.org/ http://www.jamsadr.com/

b.)    Nature, Limitations, and Location of Alternative Dispute Resolution. In arbitration, as with a court, the arbitrator must honor the terms of these Terms of Use  and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in Seattle, Washington. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Carpe Juvenis to pay a greater portion or all of such fees and costs in order for this Section 13 to be enforceable, then Carpe Juvenis will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act.

c.)    Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 13.A) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.

d.)   Injunctive Relief. The foregoing provisions of this Section 13 will not apply to any legal action taken by Carpe Juvenis to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Content, your User-Generated Content and/or Carpe Juvenis’ intellectual property rights (including such Carpe Juvenis may claim that may be in dispute), Carpe Juvenis’ operations, and/or Carpe Juvenis’ products or services.

e.)    Small Claims Matters Are Excluded From Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court, subject to Section 12.

f.)     No Class Action Matters. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitration or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to Section 13.B(i) holds that this restriction is unconscionable or unenforceable, then our agreement in Section 13.B to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 12.

 15.  Changes to our Terms of Use

We may periodically modify, alter or update the Terms of Use. We will alert readers to any material changes to this policy by posting the revised information here. We encourage you to review our Terms of Use on a regular basis to stay informed. Your continued use of Carpe Juvenis constitutes your agreement to these Terms of Use and any updates therein.