Terms of Service
Last updated: November 23rd, 2018
You understand and agree that we may change the Terms from time to time, and that any such changes will be effective immediately (except as otherwise described in Section 16.9 below) when we post the modified Terms on the TTN Service. Your continued access and use of the TTN Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.
- TTN Service.
2.1 Nature of the TTN Service. The TTN Service consists of a desktop Web application, and other related tools, support and services that Tutor Seekers and Tutor Service Providers can use to find, communicate with and interact with each other. We charge membership fees for some aspects of the TTN Service, as described below in Section 9.
2.2 TTN does not provide educational or tutoring services. TTN is a neutral venue for Tutor Seekers and Tutor Service Providers. TTN is not a Tutor Service Provider and, except for emergency phone support and other resources and support specifically described in the TTN Service, does not provide educational or tutoring services. We make no representations or warranties about the quality of educational, tutoring or other services provided by Tutor Service Providers (“Tutor Services”), or about your interactions and dealings with users. Though we provide general guidance on our Site to Tutor Service Providers about safety Tutor Seekers about selecting and engaging Tutor Service Providers, TTN does not employ, recommend or endorse Tutor Service Providers or Tutor Seekers, and we will not be responsible or liable for the performance or conduct of Tutor Service Providers or Tutor Seekers, whether online or offline. We conduct an initial review of Tutor Service Provider profiles, but do not otherwise screen Tutor Service Providers or Tutor Seekers. You should exercise caution and use your independent judgment before engaging a Tutor Service Provider, providing services, or otherwise interacting with users via the TTN Service. Tutor Seekers and Tutor Service Providers are solely responsible for making decisions that are in the best interests of themselves and, as applicable, the minor child/student requiring Tutor Services.
2.3 Release. We hereby expressly disclaim, and you hereby expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of Tutor Service Providers and Tutor Seekers, whether online or offline. You acknowledge and agree that YOUR USE AND/OR PROVISION OF TUTOR SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
2.4 Transactions. Transactions are between Tutor Seekers and Tutor Service Providers. The TTN Service may be used to find and offer Tutor Services, however TTN will not serve as an intermediary for any and all payment transactions between Tutor Seekers and Tutor Service Providers. Users may agree on the form of payment, however TTN recommends that payments be conducted via secured transaction platforms (e.g. Venmo, PayPal, mobile banking applications) or personal check. Other than the monthly membership fee, TTN will not collect any fees from users.
2.5 Bookings. Tutor Seekers and Tutor Service Providers transact with each other on the TTN Service when they both agree to a “booking” that specifies the fees, time period, cancellation policy, and other terms for provision of Tutor Services via the booking mechanism provided on the TTN Service (a “Booking”). Once you complete a Booking, you agree to honor the price and other terms of that Booking.
2.6 Evaluation of Tutor Service Providers. Tutor Seekers are solely responsible for evaluating Tutor Service Providers. Tutor Seekers are solely responsible for evaluating the suitability of Tutor Service Providers for the services they offer to provide. Though TTN performs a limited review of applications to become Tutor Service Providers, any such screening is limited, and TTN does not warrant that any such screen is accurate, complete, conclusive or up-to-date. Similarly, TTN does not endorse reviews of Tutor Service Providers by other Tutor Seekers that may be available via the TTN Service, and TTN makes no commitments that such reviews are accurate or legitimate.
2.7 Tutor Services Location; Emergencies. Tutor Seekers and Tutor Service Providers shall agree on a mutual location for the Tutor Services to occur. A Tutor Seeker obtaining Tutor Services on behalf of a minor child/student must ensure that the Tutor Seeker or a trusted adult be present during the entire length of each Tutor Services session. TTN recommends meetings occur in a public space, such as a public library or school.
We recommend that Tutor Seekers give their Tutor Service Providers emergency contact information in the event of an emergency (medical or otherwise). Tutor Seekers that are accompanying their minor child/student (as a parent or guardian) should provide both the Tutor Seeker’s contact information and an alternate contact. Tutor Seekers that are at least eighteen (18) years of age should provide at least two (2) emergency contacts. Tutor Service Providers agree to immediately contact the Tutor Seeker or another designated emergency contact in an emergency. Whenever appropriate (e.g. a medical emergency, a direct threat to either party’s well-being) Tutor Service Providers should call 9-1-1 first.
2.8 Consent to Call Recording. You agree that any phone calls to or from TTN may be monitored or recorded for quality assurance purposes.
- Eligibility; Legal Compliance. By accessing and using the TTN Service, you certify that you: (1) are 18 years of age or older, and (2) will comply with all laws and ordinances applicable to your activities conducted through https://theteachersnetwork.com. For Tutor Service Providers, this includes that you are legally eligible to work in the jurisdiction where you provide Tutor Services, you have complied and will comply with all federal, state, county, municipal and other laws, statutes and ordinances that are applicable to you, and you have obtained all business licenses, permits, and fulfilled any other necessary requirements to legally provide Tutor Services. You acknowledge that TTN is entitled to rely on these commitments, and is not responsible to ensure that all users have met these eligibility conditions.
- Use of the TTN Service; Suspension.
4.1 Your Conduct on the TTN Service. When you use the TTN Service, you agree:
- To use the TTN Service only in a lawful manner and only for its intended purposes.
- Not to submit viruses or other malicious code to or through the TTN Service.
- Not to use the TTN Service, or engage with other users of the TTN Service, for purposes that violate the law.
- Not to use the TTN Service for purposes of competing with TTN.
- Not to post reviews about Tutor Service Providers or Tutor Seekers that are not based on actual firsthand experience, that are intentionally inaccurate, or that violate these Terms and/or federal, state or local law.
- Not to post any content or materials that that would constitute non-public personal information of another user.
- Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
- Not to post “spam” or other unauthorized commercial communications.
- To use the TTN Service only for your own purposes, and not to impersonate any other person. For purposes of clarity, a Tutor Seeker may use the TTN Service on behalf of a minor child/student who is either that Tutor Seeker’s own child, sibling, grandchild, or under that Tutor Seeker’s guardianship, as appointed by a federal, state or municipal agency or court within the United States of America.
- Not to transfer or authorize the use of your account for the TTN Service by any other person.
- Not to provide false information in your profile on, or registration for, the TTN Service.
- Not to interfere with our provision of, or any other user’s use of, the TTN Service.
- Not to solicit another user’s username and password for the TTN Service.
4.2 Suspension and Termination. You understand and agree that we have no obligation to provide the TTN Service to you, nor any obligation to continue providing it once we have begun. If we believe your conduct on the Site or TTN Service is inappropriate, unsafe or violates these terms, and for any other reason (or no reason at all), we reserve the right to suspend or terminate your access to the TTN Service in our sole discretion.
- Registration; Account Security. In order to use some aspects of the TTN Service, you will be required to create a username, password, and user profile. If you elect to use the TTN Service, you agree to provide accurate information about yourself and keep this information up to date. You agree not to impersonate anyone else and not to maintain more than one account (or, if TTN suspends or terminates your account, not to create further accounts). You are responsible for maintaining the confidentiality of your username and password for the TTN Service, and you agree not to authorize anyone else to use your username and password. You are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.
- User Content.
7.1 User Content. We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials to your profile on the TTN Service or otherwise in connection with using the TTN Service and/or participating in promotional campaigns we conduct on the Site (collectively, “User Content”). If not previously provided, the Tutor Service Provider must provide a personal photograph to the other user prior to Booking.
7.3 Release. If your name, voice, image, persona, likeness, or performance is included in any of your User Content, you hereby waive, and release TTN and its users from, any claim or cause of action, whether known or unknown, including, without limitation, defamation, copyright infringement, trademark infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of your User Content in accordance with the license in Section 7.2 and the other provisions of these Terms.
7.4 Your Representations and Warranties about User Content. You represent and warrant that (1) you are the owner or licensor of your User Content, and that you have all rights, consents and permissions necessary to grant the license in Section 7.2 and make the release in Section 7.3 with respect to your User Content, (2) that you have any necessary consents and releases from individuals who appear in your User Content; and (3) your User Content does not violate these Terms or any applicable federal, state or local laws or regulations.
- Phone, Text and Mobile Communications.
8.1 Communication with TTN; Communication with other Users.
All communications between users will commence through the TTN website and will appear as an inbox message on the TTN website and as an email sent from a TTN e-mail address to the user’s personal email address linked to the user’s TTN account. Users may choose to provide their personal telephone numbers or e-mail addresses to the potential Tutor Service Provider or Tutor Seeker (whichever is applicable). The mobile device number or other telephone number provided must be that of the Tutor Service Provider or Tutor Seeker, as applicable. You may not provide the mobile device number or other telephone number of your minor child/student. If a Tutor Seeker provides the mobile device number or other telephone number of the minor child/student, (1) TTN reserves the right to cancel your membership with the TTN Services and (2) TTN shall not be liable for any marketing and/or service related text messages sent to a minor child/student. You shall defend, indemnify, and hold TTN harmless from any claim or cause of action suffered by any party related to the provision of your personal telephone, mobile device number and e-mail address or the provision of a minor child/student’s mobile device number.
- Fees & Payment.
9.1 Currency. All fees, deductible amounts and other payments referenced on, or charged through, the TTN Service are listed and payable in USD.
9.2 Fees for Users. Tutor Seekers may purchase Tutor Services from a Tutor Service Provider by completing a Booking as described in Section 2.5. If you are a Tutor Seeker, you enter into a transaction with the Tutor Service Provider when you accept a Booking, and you agree to pay the total fees indicated in the Booking subject to Section 2.5. Except where otherwise specifically indicated on the TTN Service, fees for Tutor Services are determined by Tutor Service Providers. Tutor Service Providers must pay a Membership Fee, pursuant to Section 9.3, below. Where required by law, the amount charged for the Membership Fee may also be inclusive of applicable taxes. The Tutor Service Provider, not TTN, is responsible for performing the Tutor Services. Tutor Service Providers may agree to provide Tutor Services to a Tutor Seeker by agreeing to a Booking as described in Section 2.5. If you are a Tutor Service Provider, you must confirm the Booking or the Tutor Seeker will have no obligation to complete the transaction. Once the Booking is completed by both parties, you agree to honor the price set forth in your Booking. The purchase of Tutor Services is a transaction between the Tutor Seeker and the Tutor Service Provider. TTN’s role is to connect Tutor Seekers to Tutor Service Providers and will not be facilitating payments from Tutor Seekers to Tutor Service Providers.
9.3 Membership; Membership Fees. Users shall sign-up on the TTN website by providing the requested information (name, address, e-mail address, username, password) to obtain a membership with TTN (“Membership”). Tutor Service Providers must also provide a valid credit card and upload a photgraph to complete their Membership. Tutor Service Providers are charged a flat monthly membership fee (the “Membership Fee”). The Membership Fee will be waived for the first month. Our Membership Fees are described here.
9.4 Cancellations and Refunds.
- Cancellations. A Tutor Service Provider may cancel their Membership at any time. Membership Fees are non-refundable. TTN does not provide refunds if you decide to stop using the TTN Services during a monthly billing cycle. Following cancellation, the Tutor Service Provider will no longer be charged the monthly Membership Fee and the Tutor Service Provider’s account shall be deactivated. The Tutor Service Provider may reactivate their accounting by logging back into the TTN website and paying the Membership Fee. After twelve (12) months of deactivation (“Deactivation Period”), TTN may permanently delete the account. If the Tutor Service Provider seeks to utilize the TTN Services after the Deactivation Period, the Tutor Service Provider will have to register for a new account on the TTN website. If you are a Tutor Service Provider, you acknowledge that cancellation by you may result in a review of your account and, if we deem it appropriate, suspension or termination of your access to the TTN Service.
- Force Majeure. The cancellation policies described herein may not apply in the event of certain emergency situations beyond the control of Tutor Service Providers and/or Tutor Seekers that make it impossible or impractical to timely cancel Membership, such as evacuations resulting from hurricane, wildfire or other natural disaster. In such cases TTN may, in its reasonable discretion, issue refunds under terms that vary from a Tutor Service Provider’s selected cancellation policy.
- Refunds for Substandard Services. TTN shall not be responsible for any substandard Tutor Services received by Tutor Seekers. All Bookings and payments for Bookings shall be conducted solely between the Tutor Seeker and Tutor Service Provider. TTN recommends that Tutor Seekers pay Tutor Service Providers at the conclusion of the Tutor Services being rendered.
- Payment Disputes; Payment Outside of the TTN Service. Any payment disputes are between the Tutor Seeker and Tutor Service Provider, and TTN has no obligation to mediate or facilitate any resolution. Further, TTN has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the TTN Service.
9.5 Authorization to Charge. When a Tutor Service Provider obtains Membership with the TTN Service, the Tutor Service Provider will be required to provide us with valid, up-to-date credit card or other payment information. You authorize us to charge your credit card or other payment method for Membership Fees or other fees you incur on the TTN Service, on a monthly basis as they become due and payable. You are responsible for maintaining up-to-date payment information. If we cannot charge you for fees when due because your payment information is no longer valid, or if we do not receive your payment when due, then your account shall be suspended. Except as expressly provided in these Terms, all fees paid via the TTN Service are non-refundable once paid.
9.6 Taxes. Except for taxes on TTN’s income and gross receipts generally, you acknowledge that you are responsible to pay any taxes that arise as a result of your purchase, provision, or use of services via the TTN Service.
- Background Checks.
TTN does not conduct, facilitate or provide access to third party consumer reporting agencies that perform, among other things, criminal records checks, sex offender registry checks, motor vehicle records checks and identification verifications (collectively, “Background Checks”).
Tutor Seekers remain fully responsible to evaluate and investigate their Service Providers.
- Third Party Services, Links. The TTN Service may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD TTN HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) transactions and interactions, online or offline, with other users of the TTN Service; (2) breach of these Terms; (3) disputes with other parties (whether a user of the TTN Service or otherwise) related the TTN Service; (4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to third parties caused by you or a minor child/student in your care; (6) your User Content; or (7) provision of a minor child/student’s mobile device number resulting in marketing or service-related text messages sent to that minor child/student’s mobile device. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.
- Intellectual Property.
13.1 TTN Service. TTN and its licensors retain all right, title and interest in and to the TTN Service, the technology and software used to provide it, all electronic documentation and content available through the TTN Service (other than your User Content), and all intellectual property and proprietary rights in the TTN Service and such technology, software, documentation and content. Except for your rights to access and use the TTN Service set forth in these Terms, nothing in these Terms licenses or conveys any of our intellectual property or proprietary rights to anyone, including you. You agree that we will have a perpetual right to use and incorporate into the TTN Service any feedback or suggestions for enhancement that you provide to us concerning the TTN Service, without any obligation of compensation.
13.2 TTN Trademarks. TTN owns all rights in and to its trademarks, service marks, brand names and logos (the “TTN Marks”). If you are a Tutor Service Provider, TTN grants to you, for so long as you are in good standing on the TTN Service, a limited, revocable, nonexclusive, nontransferable, royalty-free license to use the TTN Marks solely: (1) in the form incorporated into goods, including customizable marketing collateral (business cards, signage etc.), made available for purchase via the TTN website and/or (2) in any other manner specifically authorized in writing via the TTN Service, including, without limitation, for purposes of advertising, publicizing and promoting your Tutor Services in connection with TTN. As a condition of exercising such license, you agree that (1) all goodwill associated with your use of the TTN Marks inures solely to the benefit of TTN, (2) any use of the TTN Marks must be used in a manner equivalent to existing quality standards, styles and appearances for such TTN Mark and is subject to the prior written consent of TTN (which may be obtained by contacting P.O. 162 Little Silver, NJ 07739 / [email protected] and (3) such license immediately terminates upon your ceasing to be a Tutor Service Provider in good standing, whether at your own option or because TTN suspends or terminates your rights to use the TTN Service. Notwithstanding the right of the Tutor Service Provider to use the TTN Marks, the Tutor Service Provider shall make no claim as to any relationship with TTN or the TTN Services except to the extent set forth in these Terms.
The Tutor Service Provider shall notify TTN promptly of any actual or threatened infringements, imitations, or unauthorized uses of the TTN Mark(s) by third parties of which the Tutor Service Provider becomes aware involving the TTN Mark(s). TTN shall have the sole right, at its expense, to bring any action on account of any such infringements, imitations, or unauthorized use, and the Tutor Service Provider shall cooperate with TTN, as TTN may reasonably request, in connection with any such action brought by TTN. TTN shall retain any and all damages, settlement, and/or compensation paid in connection with any such action brought by TTN.
- Warranty Disclaimer for the TTN Service. The information and materials found on the TTN Service, including text, graphics, information, links or other items, are provided "as is" and "as available." Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through the TTN Service, but not directly by TTN, are those of their respective authors, who are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TTN DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE TTN SERVICE; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN TTN; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE TTN SERVICE WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, TTN EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE TTN SERVICE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY TUTOR SERVICE PROVIDER THAT OFFERS TUTOR SERVICES VIA THE TTN SERVICE.
- Limitation of Liability
15.1 Exclusion of Certain Types of Damages. In no event will TTN be liable to you for any indirect, special, incidental, or consequential damages, losses or expenses that arise out of or relate to the use of or inability to use the TTN Service, including without limitation damages related to any information received from the TTN Service, removal of your profile information or review (or other content) from the TTN Service, any suspension or termination of your access to the TTN Service, or any failure error, omission, interruption, defect, delay in operation or transmission of the TTN Service, even if we are aware of the possibility of any such damages, losses or expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15.2 Limit on Our Liability to You. IN NO EVENT WILL TTN’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE TTN SERVICE OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO TTN DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABLITY OR, IF YOU HAVE NOT PAID TTN FOR THE USE OF ANY SERVICES, THE AMOUNT OF ONE HUNDRED AND 00/100 DOLLARS ($100.00).
15.3 No Liability for non-TTN Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TTN BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE TTN SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE TTN SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE TTN SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.
- Arbitration Agreement.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH TTN AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
16.1 Arbitration Agreement; Claims. This Section 16 is referred to as the "Arbitration Agreement” in these Terms. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 17.9 below, you and TTN (together, the “Parties”) agree that any and all disputes or claims that arise between you and TTN relating to the TTN Service, interactions with others on the TTN Service, and/or these Terms (including any alleged breach of these Terms) (collectively, “Claims”), except for Excluded Claims (defined in the following sentence), will be resolved as set forth in this Arbitration Agreement. As used herein, “Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims arising out of or related to a violation of Section 4.1, above, (3) claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents), and (4) claims that, as a matter of applicable law, cannot be made subject to arbitration.
16.2 Agreement to Arbitrate. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 16.9 below, you agree that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and your rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To the extent that the Parties' dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims.
16.3 Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND TTN AGREE THAT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH SECTION 16.9 BELOW, EACH OF US MAY BRING CLAIMS (EXCEPT TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW) AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND TTN AGREE OTHERWISE (OR TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW), THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER TTN USERS.
16.4 Pre-Arbitration Dispute Resolution. Before you commence arbitration, we suggest that you contact us to explain your complaint. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. You may contact us via email at [email protected] or by mail at P.O. 162 Little Silver, NJ 07739. If the issue is not resolved and results in arbitration, we will need to mutually select and agree upon an arbitrator and the rules and procedures to govern the arbitration.
16.5 Arbitration Procedures. The Parties will try in good faith to mutually select and agree upon an arbitrator and rules and procedures to govern the arbitration. If we cannot agree, then the arbitration will be conducted by a neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), as modified by this Arbitration Agreement. The rules that apply are those in effect when arbitration is demanded by either of the Parties. For information on JAMS, please visit its website, https://www.jamsadr.com/. The JAMS Streamlined Arbitration Rules and Procedures are available at www.jamsadr.com/rules-streamlined-arbitration, which are incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and any claim that the JAMS Rules are unfair or should not apply for any reason. If there is any inconsistency between the JAMS Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 15. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. The arbitrator shall submit a decision in writing, specifying the findings of fact and the conclusions of law on which the decision is based. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
The arbitration will be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or TTN may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and TTN subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or TTN, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of New Jersey, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different TTN website users, but is bound by rulings in prior arbitrations involving the same TTN website user to the extent required by applicable law. As limited by the Federal Arbitration Act, these Terms and the applicable JAMS Rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court.
16.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be shared equally by you and TTN, except where prohibited by applicable law. In addition, (1) if you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, TTN will pay your portion of such fees, and (2) if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, TTN will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse TTN for all fees associated with the arbitration paid by TTN on your behalf that you otherwise would be obligated to pay under the JAMS Rules.
16.7 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
16.8 Severability. If any term, clause or provision of this Section 16 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 17 will remain valid and enforceable.
16.9 Opt-Out Procedure. You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section 16.9. For new TTN website users, the Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to P.O. 162 Little Silver, NJ 07739. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to register for the TTN Service to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, the entire Arbitration Agreement will not apply with respect to you, but the remainder of these Terms will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. By opting out of binding arbitration, you are agreeing to resolve Claims (including Excluded Claims) in accordance with Section 16.
16.10 Future Changes to this Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against TTN prior to the effective date of the change. Moreover, if we terminate this Arbitration Agreement by removing it from these Terms, such termination will not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and will not be effective as to any claim that was filed in a legal proceeding against TTN prior to the effective date of removal.
- Governing Law and Jurisdiction. These Terms, and any dispute between you and TTN, will be governed by the laws of the State of New Jersey, without regard to principles of conflicts of law, except that the Federal Arbitration Act will govern the interpretation and enforcement of Section 16 (the Arbitration Agreement). Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that arises between you and TTN must be resolved exclusively by a state or federal court located in the State of New Jersey. You and TTN agree to submit to the personal jurisdiction of the courts located within Middlesex County, New Jersey for the purpose of litigating all such claims or disputes.
- Miscellaneous. Nothing in this Agreement will be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party will have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that will be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms will in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
If you have any questions about anything in these Terms, please contact us via email at [email protected] or by mail at P.O. 162 Little Silver, NJ 07739.