Last updated December 15, 2020
PLEASE PAY PARTICULAR ATTENTION TO SECTION 10 REGARDING BINDING ARBITRATION AND WAIVER OF CLASS ACTION, WHICH WILL AFFECT YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.
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WE DO NOT REVIEW OR EDIT THE COURSES FOR ACCURACY OR CORRECTNESS, AND WE DO NOT WARRANT OR GUARANTEE IN ANY MANNER THE RELIABILITY, VALIDITY, ACCURACY, TRUTHFULNESS OR RESULTS OF ANY SERVICE. We do not hold ourselves out as experts or professionals in any topics covered by Services and you rely on any information included in a Service at your own risk.
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WE MAKE NO WARRANTY REGARDING ANY INFORMATION OR SERVICES PROVIDED THROUGH, OR IN CONNECTION WITH, THE SITE, UNLESS EXPRESSLY AGREED OTHERWISE IN ANOTHER WRITTEN AGREEMENT. WE HEREBY EXPRESSLY DISCLAIM, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF SITE INFORMATION OR SERVICES, RESULTS OBTAINED AND ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DON’T ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Before taking any formal action to resolve a dispute with us, you agree to contact us at Wisdom Destinations LLC, 2600 E Southlake Blvd, Suite 120 – 327, Southlake, TX 76092 and to provide your contact information and a brief, written description of the dispute. Except for intellectual property and small claims court claims, you and we agree to use our best efforts to settle any dispute directly through good faith negotiations as a pre-condition to initiating a lawsuit or arbitration.
If the negotiations described in the prior paragraph are unavailing, either of us can bring a qualifying claim in small claims court in (a) Dallas, Texas, (b) the county in which you live, or (c) another qualified court upon which we mutually agree.
All disputes, claims, or controversies arising out of or relating to these Terms of Service or the Site or Services that are not resolved by the procedures identified above will be resolved by individual (not group) binding arbitration to be conducted before JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award will be written and will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
You and we agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above will be deemed null and void in their entirety and the parties will be deemed to have not agreed to arbitrate disputes.
Notwithstanding any other provision of this Section 10, you or we may bring any claims respecting intellectual property rights in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights.
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to us at the address set forth above. The notice must be sent within thirty (30) days of (a) the “Last updated” date of these Terms of Service as set forth above; or (b) your first date that you used the Services that contained any versions of the Terms of Service that included this mandatory arbitration and class action waiver provision, whichever is later. Otherwise you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, we also will not be bound by them.
YOU ACKNOWLEDGE AND AGREE THAT THE ABOVE DISPUTE PROCEDURES WILL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND US REGARDING ANY ASPECT OF THE SITE OR SERVICES AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.
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