Terms and Conditions

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Institute for American Leadership Terms of Service

Last Updated: April 15, 2024

These Terms of Service (the “Terms”) are entered into between you and the Institute for American Leadership and its vendors and subsidiaries (collectively referred to as “IAL,” “we,” “us,” and “our”). These Terms govern your access and use of the IAL Website located at www.instituteforamericanleadership.org, (the “Website”), and when you interact with us as a customer or otherwise (collectively, the “Services”).

You understand that aspects of this Website and the Services may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website and receive the Services in your jurisdiction.

PLEASE NOTE THAT THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER. BY AGREEING TO BINDING ARBITRATION, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

YOUR CONSENT

Please read these Terms carefully. Your use of the Website and the Services signifies your agreement to these Terms. If you do not agree to these Terms, do not use this Website. Separate terms and conditions may apply to other IAL services or business transactions. 

We reserve the right to modify or otherwise update these Terms at any time by posting the modified version on our Website and updating the date. Such changes will automatically be effective upon posting on our Website, and you agree to be bound by such modifications, updates and revisions. You should visit this page from time to time to review the current terms.

YOU AGREE TO OUR PRIVACY POLICY

Our Privacy Policy (“Privacy Policy”) governs the collection, use, and disclosure of your personal information. Our Privacy Policy is incorporated herein by reference. By accessing the Website and using the Services you agree to the practices described in our Privacy Policy.

ELECTRONIC COMMUNICATIONS

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may choose to communicate with you by e-mail, text messaging, or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

ACCOUNT

In order to access and use certain Services available on this Website, you may need to sign up for, open, and maintain an account (your “Account”) with us. If you do not agree to these Terms, you may not sign up for an Account.

You represent and warrant that at all times you will (a) provide accurate, current, and complete information about yourself as prompted by our registration form or otherwise; and (b) maintain and promptly update your information (including your e-mail address) to keep it accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect as much, we shall have the right to terminate or suspend your Account and any or all privileges on this Website and to the Services. 

During the registration process, you may be required to choose a user name and enter your email address. You acknowledge and agree that IAL may rely on this email address or user name to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms. You must not choose a username that infringes the rights of any third party or which is offensive, racist, obscene, hurtful, unlawful, or otherwise inappropriate. You agree not to transfer your right to use or access this Website or the Services via your username and password to any third person. 

MOBILE ACCESS

If you use a mobile device to access the Website, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Website; and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You further understand that service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise. By accessing or using the Website via a mobile device, you agree to these Terms.

You may opt in to receive SMS text messages on your mobile device. Your consent is not required as a condition of purchasing Services from us. Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, the date, time, and content of your messages and other information you provide to IAL as part of this service. We may use this information to contact you and provide Services you request from us. 

RESERVATION OF RIGHTS

IAL reserves the right: (a) to correct any errors, inaccuracies or omissions; (b) to update any and all information on the Website at any time with or without notice; (c) to prevent or prohibit any person, user or customer from using or making any or all transaction(s) through the Website; and/or (d) to refuse to provide any person, user or customer with the Website. You remain responsible for any taxes that may be applicable to your transactions through or use of the Website.

LIMITED USAGE RIGHTS

These Terms permit you to use this Website for your personal, non-commercial use only and no portion of this Website may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by IAL. 

We reserve the right to limit your access to the Website at our discretion if we believe that your conduct violates applicable law or is harmful to our interests. We reserve the right to withdraw or amend this Website, and any Service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. All rights not expressly granted herein are reserved by IAL.

INTELLECTUAL PROPERTY

Trademarks. The trademarks, trade dress, logos, and service marks (collectively the “Trademarks”) displayed on the Website are registered and unregistered Trademarks of IAL, its affiliates, its third-party licensors, and others. You are not permitted to use any of the Trademarks displayed on the Website, without the prior, express written consent of IAL, its affiliates, or the third-party licensors that may own the Trademarks. You may not use any hyper or HTML links, meta tags or any other “hidden text” utilizing IAL’s or its affiliates’ name or Trademarks without the express written consent of IAL, its affiliates, or third-party licensors. Nothing on this Website should be construed as granting any license or right to use any Trademark. All rights reserved.

Website Materials. All Trademarks, and materials displayed on or contained within the Website, including, but not limited to, layout, color schemes, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic or digital materials, and names (collectively, the “Materials”), are the property of IAL, its affiliates or its licensors and are protected by copyright, trademark, patent and all other applicable intellectual property laws. You acknowledge and agree that the Website and the Materials are the property of IAL, its affiliates and licensors, and that you will not acquire any rights or licenses in any trademarks, patents, copyrights, or other intellectual property on the Website or in the Materials. You may download a copy of the Materials for your personal non-commercial use. You may not frame or utilize framing techniques to enclose any Materials or Trademark or other proprietary information (including images, text, page layout, or form) of IAL or its affiliates without the express written consent of IAL.

Any copies that you make of the Materials must retain all our copyright and other notices. Except as expressly provided for in these Terms, you may not (i) reproduce, modify, publish, transmit, display, perform, distribute, disseminate, broadcast, circulate, or otherwise exploit any content on the Wesbite, including, but not limited to, any Materials, in whole or in part, to any third party; (ii) participate in the transfer, license or sale of any content on the Website, including, but not limited to, the Materials; or (iii) create derivative works or in any way exploit any content on the Website, including, but not limited to, the Materials. No portion of the content on the Website may be stored in a computer except for personal and non-commercial use. All rights not expressly granted herein are reserved.

PERMISSIBLE USE

You agree that you shall not use the Website: (a) to delete, modify, hack or attempt to change or alter any of the Materials on the Website; (b) for any unlawful purpose; (c) to solicit others to perform or participate in any unlawful acts; (d) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (e) to infringe or violate our intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Website, other websites, or the Internet; (i) to collect or track the personal information of others; (j) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of our Website, other websites, or the Internet. We reserve the right to terminate your use of our Website for violating any of the prohibited uses. We may fully cooperate with any law enforcement agency or authorities, or court order requesting or directing disclosure of the identity of anyone suspected of use of the Website for illegal purposes.

This Website may enable you to post comments, suggestions, feedback, or other content (“User Content”). You are solely responsible for User Content that you post or upload on the Website and it shall not violate these Terms. By submitting User Content to the Website, you automatically grant IAL the royalty-free, perpetual, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed and for the full term of any copyright that may exist in such User Content, without payment to you or any third parties. User content submitted by you will be considered non-confidential and IAL is under no obligation to treat such User Content as proprietary information except pursuant to IAL’s Privacy Policy. 

The Website is not designed or intended to appeal to minors and we do not knowingly collect user information from children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at [CONTACT EMAIL] so we can promptly delete such information.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on our Website. Our designated agent can be reached at [email], at [phone], or at [address].

DMCA Infringement Notification. To be effective, your infringement notification must include the following:

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 at a single online site are covered by a single notification, a representative list of such works at that site.

3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;

5. The following statement: “I have 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. The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Upon receipt of the written notification containing the information as outlined in 1 through 6 above, will take reasonable steps to promptly review the allegedly infringing material, notify the alleged infringer if it contains third-party content, and remove or disable access to the allegedly infringing material. If necessary, we may request additional information before we remove any allegedly infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove or disable access to the allegedly infringing material pending resolution of the matter. 

Please note that under Section 512(f) of the Copyright Act, any person who makes false claims that material or an activity is infringing may be subject to liability for damages.

USER SUBMISSIONS

We are always pleased to receive your comments, suggestions and ideas regarding IAL products, this Website, the Services, and other services we provide. We are continuously working on new product ideas for our product pipeline. Many products we develop are in our pipeline for years so a concept or idea you may provide, we might already be developing or considering. Our policy is that IAL and its employees do not accept or consider unsolicited comments, suggestions, ideas, proposals, notes, drawings, concepts, marketing plans, or other materials or information (collectively “Submissions”). However, if despite our policy, you submit any Submission(s), you agree that: (a) any Submission is not confidential, (b) we shall have no obligations regarding the Submission including, without limitation, no obligation to acknowledge, review or return the Submission, (c) you represent and warrant that you own or otherwise control all of the rights to the Submission, that all content of the Submission is accurate, that it does not infringe upon the rights of any person or entity and that use of the Submission does not violate these Terms and will not cause financial injury to any person or entity, and (d) by virtue of your Submission, you hereby grant and assign to us, a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable right to use, reproduce, modify, adapt, edit, translate, communicate, publish, market, promote, distribute, publicly and privately display, publicly and privately perform, transmit, create derivative works from and sell, and incorporate such Submissions and the names identified on the Submissions throughout the world in any media (now known or hereafter invented) for any purpose whatsoever, without restriction and without compensating you in any way. This includes, but is not limited to, any confidential information or any original creative materials such as stories, product ideas, computer codes or original artwork. You acknowledge that we own all right, title, and interest in any compilation, collective work or other derivative work created using or incorporating the Submission. We may post your Submission on the Website and we reserve the right (but not the obligation) to monitor, edit, and remove any Submission. When you send a Submission, you may choose at any time not to provide personally identifiable information. However, if you do not provide us personally identifiable information this may restrict our ability to provide requested services or information (e.g. processing your order). If we receive a Submission that contains personally identifying information, such as a name, address, email, and/or telephone number, our Privacy Policy will govern how we use or disclose this information. Please refer to our Privacy Policy for further information.

NO ENDORSEMENT OF THIRD-PARTY WEBSITES

The Website may contain links to or references to third-party websites, resources and advertisers (collectively, “Third-Party Websites”). Your linking to such Third-Party Websites is at your own risk. Under no circumstances shall IAL be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third-Party Websites. IAL also is not responsible for the availability of these Third-Party Websites, nor is it responsible for the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such Third-Party Websites. No endorsement of any third-party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to, the Website. You should direct any concerns to the respective Third-Party Website’s administrator or webmaster.

PURCHASES AND PAYMENT

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us or our third party payment service providers, you authorize us to store and use the card as a payment method for purchases made through your Account with us. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms and may result in cancellation of your order. Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason, including but not limited to inaccuracies or errors in service or pricing information, or problems identified by our credit and fraud avoidance department. If your order is cancelled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. 

All purchases through this Website or other transactions for the sale of goods formed through this Website are governed by our Shipping and Return Policies, which are incorporated herein by reference. Additional terms and conditions may also apply to specific portions, services, or features of the Website, which are incorporated herein by reference.

SUBSCRIPTIONS

Subscription Service. IAL’s Services may include the optional right to access certain content via a recurring subscription (the “Subscription Service”). Your subscription begins as soon as your initial payment is processed. 

Renewal. We offer memberships for a yearly subscription period. 

Special Subscription Plans. From time to time we may offer special subscription plans, including special promotional plans or subscription plans offered by third parties in conjunction with the purchase of their own products and services. We are not responsible for the products and services provided by such third parties. The conditions and limitations of each subscription plan will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your subscription plan at any time in your Account settings. 

Cancellation. You may cancel a subscription at any time by going to your Account and navigating to subscription settings. We reserve the right to make changes to the features offered under your subscription plan at any time. In addition, we may change your annual renewal fee (if an annual subscription) at any time in our sole discretion; however, any price changes will not be implemented until your next subscription period and we will always give you reasonable notice prior to such implementation. If you do not agree to the new fee, you can cancel your subscription before your next subscription period by following the cancellation steps set forth above.

Any prices quoted will not include any additional data, internet or other telecommunication charges that may be charged by your internet or mobile provider. You are solely responsible for any such charges.

Payment. When ordering a subscription or making a one-time purchase, you will be required to provide us with a valid payment method. If you make any changes to the payment method associated with your Account, you must update the applicable information in your Account settings. Failure to do so may lead to a cancellation of your subscription and/or your loss of access to the Subscription Service.

Miscellaneous. Without limiting the foregoing, you accept full responsibility for confirming that any applicable device you use and its related internet, data or telecommunication plan is compatible with and suitable for the content purchased, streamed, rented or otherwise obtained by you through the Subscription Service.

While we may make the Subscription Service accessible through multiple devices, you may only access it on one device at a time and only under your Account. You are strictly prohibited from sharing your Account information with others and/or simultaneously accessing multiple streams of content under a single account across multiple devices. You are also prohibited from removing, disabling, or otherwise interfering with any digital rights management protection associated with content provided hereunder. Any violation of the foregoing prohibitions will lead to an immediate suspension or termination of your Account.

ELIGIBILITY

You represent and warrant that you: (a) are above the legal age of majority in your jurisdiction of residence; (b) have not previously been suspended or removed from the Website or our Services; (c) will only provide us with true, accurate, current, and complete information if you register for an Account—if we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Services (or any portion thereof); and (d) have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party. 

INDEMNIFICATION

You agree to indemnify, defend, and hold IAL, its affiliates, and their respective directors, officers, managers, members, licensors, employees, agents, consultants, information providers, and licensors, harmless from and against all claims, liability, losses, actions, suits, costs and expenses (including attorneys’ fees) arising out of or incurred by any breach by you of these Terms, your use of the Website, or other applicable agreements between us. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with IAL’s defense of such claim. IAL and its affiliates have no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms or the Website.

DISCLAIMER OF WARRANTIES

IAL and its affiliates attempt to be as accurate as possible. However, IAL does not warrant that descriptions of Services or other content on the Website are accurate, complete, reliable, current, or error-free. Neither IAL nor its affiliates are responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

This Website is provided on an “as is” and “as available” basis, and without express or implied warranties of any kind, including without limitation, the implied warranties of merchantability, fitness for any particular purpose, and non-infringement. We do not represent or warrant that this Website will be uninterrupted or error free. In no event will we be liable for any damage or cause of any kind based upon or resulting from any use or inability to use this Website. You acknowledge, by your use of this Website, that your use is at your sole risk. To the extent your jurisdiction does not allow the exclusion or limitation of certain warranties, the scope and duration of such warranty in these jurisdictions and the extent of any of our liability will be the minimum permitted under such law. 

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IAL, ITS AFFILIATES, AND ITS LICENSORS, MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. IAL AND ITS AFFILIATES DO NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM IAL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WITHOUT LIMITING THE FOREGOING, NEITHER IAL NOR ANYONE ASSOCIATED WITH IAL REPRESENTS OR WARRANTS THAT THIS WEBSITE, OR ITS CONTENT, OR THAT THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL IAL, ITS AFFILIATES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE AND SERVICES OBTAINED THROUGH THE WEBSITE, IAL’S REMOVAL OR DELETION OF ANY MATERIALS ON THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF IAL OR ANY OF ITS AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IAL, ITS AFFILIATES, OR LICENSORS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS.

LIMITATIONS ON ACTIONS

You agree that any claim or cause of action arising out of your use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by IAL or its affiliates to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

APPLICABLE LAW

The laws of the State of Illinois govern these Terms, without giving effect to any principles of conflicts of laws. We make no representation that the information on the Website is appropriate or available for use in other locations, and access to the Website from territories where the content of the Website may be illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms constitute the entire agreement between IAL and Website visitors with respect to the Website.

ARBITRATION CLAUSE

Under these Terms, you agree that any dispute, claim, or controversy arising out of or relating to your use of the Website, or relating in any way to the communications between you and us will be finally resolved by confidential binding arbitration administered by Judicial Arbitration and Mediation Services (“JAMS”) in Illinois, or another forum mutually agreed upon by you and us. The arbitration will be conducted according to the JAMS Expedited Procedures for arbitration by a single arbitrator nominated jointly by you and us. If JAMS is not hearing consumer commercial disputes at the time, we may select another arbitral body at its sole discretion. The arbitrator's award will be binding and may be entered as a judgment in a court of competent jurisdiction. This clause shall not preclude us from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, or to seek injunctive relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, or patents. This arbitration agreement does not govern any Claim by us for infringement of our intellectual property or access to the Website that is unauthorized or exceeds authorization granted in these Terms. 

You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a Class Action. This arbitration provision will survive any termination of these Terms.

Class Action Waiver

Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). The parties waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.

If this Class Action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, both you and us each waive any right to a jury trial.

U.S.-BASED WEBSITE

The Website is controlled and operated by IAL in the United States. We do not make any representations that the Website or any Services offered via the Website are available or appropriate for use in your location. Your use of or access to the Website should not be construed as us purposefully availing ourselves of the benefits or privileges of doing business in any state or jurisdiction.

MISCELLANEOUS

Please review other policies posted on the Website. These policies also govern your visit to the Website. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.