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The website located at www.getuniti.com (the “Site”) is a copyrighted work belonging to Uniti AI, Inc.(“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, orrules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, andrules are incorporated by reference into these Terms.
These Terms of Use (these “Terms”) set forth the legally binding terms and conditions that govern your use of theSite. By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that yourepresent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms(on behalf of yourself or the entity that you represent). you may not access or use the Site or accept the Terms if youare not at least 18 years old. If you do not agree with all the provisions of these Terms, do not access and/or use the Site.
PLEASE BE AWARE THAT SECTION 8.2 CONTAINS PROVISIONS GOVERNING HOW TORESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, SECTION 8.2INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS,THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINALARBITRATION. SECTION 8.2 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.PLEASE READ SECTION 8.2 CAREFULLY.
UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILLONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ONAN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ORREPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATEIN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVINGYOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW ANDTO HAVE A JURY TRIAL.
1.1 Account Creation. In order to use certain features of the Site, you may be required to register for anaccount (“Account”) and provide certain information about yourself as prompted by the account registration form.You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) youwill maintain the accuracy of such information. You may delete your Account at any time, for any reason, byfollowing the instructions on the Site. Company may suspend or terminate your Account in accordance with Section7.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account logininformation and are fully responsible for all activities that occur under your Account. You agree to immediatelynotify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach ofsecurity. Company cannot and will not be liable for any loss or damage arising from your failure to comply with theabove requirements.
2.1 License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limitedlicense to use and access the Site solely for your own personal, noncommercial use, or for legitimate businesspurposes relating your role as a potential or current supplier, distributor, or customer of the Company.unt registration form.You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) youwill maintain the accuracy of such information. You may delete your Account at any time, for any reason, byfollowing the instructions on the Site. Company may suspend or terminate your Account in accordance with Section7.
2.2 Certain Restriction. The rights granted to you in these Terms are subject to the following restrictions: (a)you shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Site,whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative worksof, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order tobuild a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of theSite may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any formor by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Siteshall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayedon the Site) must be retained on all copies thereof.
2.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site (inwhole or in part) with or without notice to you. You agree that Company will not be liable to you or to any thirdparty for any modification, suspension, or discontinuation of the Site or any part thereof.
2.4 No Support or Maintenance. You acknowledge and agree that Company will have no obligation toprovide you with any support or maintenance in connection with the Site.
2.5 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to suchintellectual property rights, except for the limited access rights expressly set forth in Section 2.1 . Company and itssuppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
2.6 Feedback. If you provide Company with any feedback or suggestions regarding the Site (“Feedback”),you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use andfully exploit such Feedback and related information in any manner it deems appropriate. Company will treat anyFeedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit toCompany any information or ideas that you consider to be confidential or proprietary.
You agree to indemnify and hold Company (and its officers, employees, and agents)harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arisingout of (a) your use of the Site, (b) your violation of these Terms or (c) your violation of applicable laws orregulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matterfor which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agreenot to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notifyyou of any such claim, action or proceeding upon becoming aware of it.
4.1 Third-Party Links. The Site may contain links to third-party websites and services, (collectively, “Third-Party Links”). Such Third-Party Links are not under the control of Company, and Company is not responsible forany Third-Party Links. Company provides access to these Third-Party Links only as a convenience to you, and doesnot review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. Youuse all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so.When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including thethird party’s privacy and data gathering practices. You should make whatever investigation you feel necessary orappropriate before proceeding with any transaction in connection with such Third-Party Links.
4.2 Other Users. Your interactions with other Site users are solely between you and such users. You agree thatCompany will not be responsible for any loss or damage incurred as the result of any such interactions. If there is adispute between you and any Site user, we are under no obligation to become involved.
4.3 Release. You hereby release and forever discharge Company (and our officers, employees, agents,successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute,claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature(including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, orthat relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site usersor any Third-Party Links). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIACIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERALRELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HERSETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OURSUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND,WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT,ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THESITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY,SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHERHARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIESWITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 90 DAYSFROM THE DATE OF FIRST USE.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVEEXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ONHOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TOYOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OURSUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA,COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL,EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TOTHESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS ATYOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGETO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THECONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM ORRELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OFTHE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS. THEEXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OURSUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESETERMS.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FORINCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAYNOT APPLY TO YOU.
Subject to this Section, these Terms will remain in full force and effect whileyou use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time forany reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination ofyour rights under these Terms, your Account and right to access and use the Site will terminate immediately.Company will not have any liability whatsoever to you for any termination of your rights under these Terms,including for termination of your Account. Even after your rights under these Terms are terminated, the followingprovisions of these Terms will remain in effect: Sections 2.2 through 2.6 and Sections 3 through 8.
8.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we maynotify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominentlyposting notice of the changes on our Site. You are responsible for providing us with your most current e-mailaddress. In the event that the last e-mail address that you have provided us is not valid, or for any reason is notcapable of delivering to you the notice described above, our dispatch of the e-mail containing such notice willnonetheless constitute effective notice of the changes described in the notice. Continued use of our Site followingnotice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by theterms and conditions of such changes.
8.2 Dispute Resolution. Please read the following arbitration agreement in this Section (the “ArbitrationAgreement”) carefully. It requires you to arbitrate disputes with Company, its parent companies, subsidiaries,affiliates, successors and assigns and all of their respective officers, directors, employees, agents, and representatives(collectively, the “Company Parties”) and limits the manner in which you can seek relief from the CompanyParties.
(a) Applicability of Arbitration Agreement. You agree that any dispute between you and any of theCompany Parties relating in any way to the Site, the services offered on the Site (the “Services”) or these Termswill be resolved by binding arbitration, rather than in court, except that (1) you and the Company Parties may assertindividualized claims in small claims court if the claims qualify, remain in such court and advance solely on anindividual, non-class basis; and (2) you or the Company Parties may seek equitable relief in court for infringementor other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets,copyrights, and patents). This Arbitration Agreement shall survive the expiration or termination of theseTerms and shall apply, without limitation, to all claims that arose or were asserted before you agreed tothese Terms (in accordance with the preamble) or any prior version of these Terms. This ArbitrationAgreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Suchagencies can, if the law allows, seek relief against the Company Parties on your behalf. For purposes of thisArbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before theexistence of this or any prior versions of the Agreement as well as claims that may arise after the termination ofthese Terms.
(b) Informal Dispute Resolution. There might be instances when a Dispute arises between you and Company.If that occurs, Company is committed to working with you to reach a reasonable resolution. You and Companyagree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficialoutcome. You and Company therefore agree that before either party commences arbitration against the other (orinitiates an action in small claims court if a party so elects), we will personally meet and confer telephonically orvia videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement(“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate inthe conference, but you will also participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an InformalDispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives suchNotice, unless an extension is mutually agreed upon by the parties. Notice to Company that you intend to initiate anInformal Dispute Resolution Conference should be sent by email to: francesco@getuniti.com, or by regular mail to145 Saint Marks Avenue, Brooklyn NY 11238. The Notice must include: (1) your name, telephone number, mailingaddress, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailingaddress and e‐mail address of your counsel, if any; and (3) a description of your Dispute.
The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be heldeach time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple usersin similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the sameInformal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Noticeand the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the partiesfrom engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the InformalDispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencingarbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in theInformal Dispute Resolution Conference process required by this section.
c) Arbitration Rules and Forum. These Terms evidence a transaction involving interstate commerce; andnotwithstanding any other provision herein with respect to the applicable substantive law, the Federal ArbitrationAct, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and anyarbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorilywithin 60 days after receipt of your Notice, you and Company agree that either party shall have the right to finallyresolve the Dispute through binding arbitration. The Federal Arbitration Act governs the interpretation andenforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternativedispute resolution provider. Disputes involving claims and counterclaims with an amount in controversy under$250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of theStreamlined Arbitration Rules and procedures available at http:www.jamsadr.com/rules-streamlined-arbitration/;all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules andProcedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also availableat www.jamsadr.com or by calling JAMS at 800-352-5267. A party who wishes to initiate arbitration must providethe other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephonenumber, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable)as well as the email address associated with any applicable account; (2) a statement of the legal claims beingasserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faithcalculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of theInformal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid anynecessary filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name,telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing theRequest, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiryreasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as toharass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses andother legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiarysupport or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for furtherinvestigation or discovery.
Unless you and Company otherwise agree, or the Batch Arbitration process discussed in Subsection 8.2(h) istriggered, the arbitration will be conducted in the county where you reside. Subject to the JAMS Rules, the arbitratormay direct a limited and reasonable exchange of information between the parties, consistent with the expeditednature of the arbitration. If the JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS Rules.
You and Company agree that all materials and documents exchanged during the arbitration proceedings shall bekept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or businessadvisors, and then subject to the condition that they agree to keep all materials and documents exchanged during thearbitration proceedings confidential.
(d) Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve all disputes subject toarbitration hereunder including, without limitation, any dispute related to the interpretation, applicability,enforceability or formation of this Arbitration Agreement or any portion of the Arbitration Agreement, except forthe following: (1) all Disputes arising out of or relating to the subsection entitled “Waiver of Class or Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class or OtherNon-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver ofClass or Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdictionand not by an arbitrator; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” allDisputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not byan arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall bedecided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which versionof the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by anarbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other casesor parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have theauthority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authorityto award monetary damages and to grant any non-monetary remedy or relief available to an individual party underapplicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitratorshall issue a written award and statement of decision describing the essential findings and conclusions on whichany award (or decision not to render an award) is based, including the calculation of any damages awarded. Thearbitrator shall follow the applicable law. The award of the arbitrator is final and binding upon you and us.Judgment on the arbitration award may be entered in any court having jurisdiction.
(e) Waiver of Jury Trial. EXCEPT AS SPECIFIED IN SECTION 8.2(A), YOU AND THE COMPANYPARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURTAND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company Parties are instead electingthat all covered claims and disputes shall be resolved exclusively by arbitration under this Arbitration Agreement,except as specified in Section 8.2(a) above. An arbitrator can award on an individual basis the same damages andrelief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration,and court review of an arbitration award is subject to very limited review.
(f) Waiver of Class or Other Non-Individualized Relief. YOU AND COMPANY AGREE THAT, EXCEPTAS SPECIFIED IN SUBSECTION 8.2(H), EACH OF US MAY BRING CLAIMS AGAINST THE OTHERONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVEBASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT,HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE,REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, ANDDISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED ORCONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this ArbitrationAgreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seekingrelief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in thisparagraph is intended to, nor shall it, affect the terms and conditions under the Subsection 8.2(h) entitled “BatchArbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by meansof a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver ofClass or Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief(such as a request for public injunctive relief), you and Company agree that that particular claim or request forrelief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigatedin the state or federal courts located in the State of Colorado. All other Disputes shall be arbitrated or litigated insmall claims court. This subsection does not prevent you or Company from participating in a class-wide settlementof claims.
(g) Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unlessthe arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or wasbrought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).If you or Company need to invoke the authority of a court of competent jurisdiction to compel arbitration, then theparty that obtains an order compelling arbitration in such action shall have the right to collect from the other partyits reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an ordercompelling arbitration. The prevailing party in any court action relating to whether either party has satisfied anycondition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover theirreasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
(h) Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you andCompany agree that in the event that there are 100 or more individual Requests of a substantially similar naturefiled against Company by or with the assistance of the same law firm, group of law firms, or organizations, withina 30 day period (or as soon as possible thereafter), the JAMS shall (1) administer the arbitration demands inbatches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batchingdescribed above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and(3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing andadministrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determinedby the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same eventor factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent theparties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the JAMS, andthe JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process(“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the AdministrativeArbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolveany disputes promptly. The Administrative Arbitrator’s fees shall be paid by Company.
You and Company agree to cooperate in good faith with the JAMS to implement the Batch Arbitration processincluding the payment of single filing and administrative fees for batches of Requests, as well as any steps tominimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master toassist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of thearbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or massarbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances,except as expressly set forth in this provision.
(i) 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement bysending a timely written notice of your decision to opt out to the following address: 145 Saint Marks AvenueBrooklyn NY 11238, or email to francesco@getuniti.com, within 30 days after first becoming subject to thisArbitration Agreement. Your notice must include your name and address and a clear statement that you want to optout of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms willcontinue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitrationagreements that you may currently have with us, or may enter into in the future with us.
(j) Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid orunenforceable, then such specific part or parts shall be of no force and effect and shall be severed and theremainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Disputethat you have with Company as detailed in this Arbitration Agreement must be initiated via arbitration within theapplicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agreethat all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes oflimitation would apply in the applicable court of competent jurisdiction.
(k) Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Companymakes any future material change to this Arbitration Agreement, you may reject that change within 30 days of suchchange becoming effective by writing Company at the following address: 145 Saint Marks Avenue Brooklyn NY11238, or email to francesco@getuniti.com. Unless you reject the change within 30 days of such change becomingeffective by writing to Company in accordance with the foregoing, your continued use of the Site and/or Services,including the acceptance of products and services offered on the Site following the posting of changes to thisArbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement donot provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to aversion of these Terms and did not validly opt out of arbitration. If you reject any change or update to thisArbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of orrelating in any way to your access to or use of the Services or of the Site, any communications you receive, anyproducts sold or distributed through the Site, the Services, or these Terms, the provisions of this ArbitrationAgreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms)remain in full force and effect. Company will continue to honor any valid opt outs of the Arbitration Agreementthat you made to a prior version of these Terms.
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