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Termination of Usage
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Disclaimers and Limitation of Liability
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WITHOUT LIMITING THE FOREGOING, SOULGYM. MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SOULGYMWISDOM.ORG WEB SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SOULGYMWISDOM.ORG WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SOULGYMWISDOM.ORG WEB SITE; OR (IV) THAT THE SOULGYMWISDOM.ORG WEB SITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF SOULGYMWISDOM.ORG ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOUL GYM DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SOULGYMWISDOM.ORG WEB SITE OR ANY RELATED SERVICES. THE OPERATION OF THE SOULGYMWISDOM.ORG WEB SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF SOUL GYM.
UNDER NO CIRCUMSTANCES SHALL SOUL GYM. BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOULGYMWISDOM.ORG WEB SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SOULGYMWISDOM.ORG WEB SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SOULGYMWISDOM.ORG’S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SOULGYMWISDOM.ORG WEB SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
If you have a dispute with soulgymwisdom.org, and you are unable to resolve the dispute informally, you and soulgymwisdom.org agree that upon demand by either you or soulgymwisdom.org, the dispute will be resolved through binding arbitration. As the sole exception to arbitration, you and soulgymwisdom.org each retain the right to pursue in small claims court any dispute that is within that court’s jurisdiction. A “dispute” is any unresolved disagreement between you and soulgymwisdom.org, regardless of when the claim arose, and includes claims based on contracts, torts, statutes, regulations, common law, and equitable claims. All statutes of limitation applicable to any dispute shall apply in any arbitration between you and soulgymwisdom.org.
Each arbitration, including the selection of the arbitrator, will be administered by the American Arbitration Association (the “AAA”) according to its Commercial Arbitration Rules and the Supplementary Procedure for Consumer-Related Disputes (together, the “AAA Rules”). The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7979. In the event of any inconsistency between the AAA Rules and this arbitration provision, this arbitration provision shall be controlling. Either party may demand arbitration of a dispute at any time, regardless of whether a lawsuit or other proceeding has previously been commenced. Either party may demand arbitration by completing the form for Consumer-Related Disputes provided for that purpose, and following the instructions on the form. The form is available on the AAA’s website, www.adr.org, or by calling AAA Case Filing Services at 1-877-495-4185. You should attach a copy of this arbitration provision, which will remain available online. If you demand arbitration, you must send a copy of the form or other demand, by U.S. Certified Mail, addressed to: Soul Gym Attention: Legal Department, 5147 N. Claremont #2, Chicago, IL 60625. If soulgymwisdom.org demands arbitration, you will be sent a copy of the form or other demand, by U.S. Certified Mail, at the most current postal address that soulgymwisdom.org has for you in its records. If your claim is for less than $10,000, soulgymwisdom.org will pay all of the AAA’s administrative fees and the arbitrator’s fees, including the initial filing fee. If your claim is for more than $10,000, and applicable law limits the amount of arbitration fees payable by you, soulgymwisdom.org will pay all of the AAA’s administrative fees and the arbitrator’s fees in excess of this limitation. Except as otherwise provided by applicable law, each party will remain solely responsible for their own attorneys’ fees and expenses incurred in connection with the arbitration.
You and soulgymwisdom.org agree that: (1) the parties are participating in transactions affecting interstate commerce; (2) this arbitration provision and any resulting arbitration are governed by the Federal Arbitration Act (Title 9 of the United States Code); (3) the arbitrator shall decide any dispute regarding the interpretation, application, or enforceability of this arbitration provision; (4) neither party will disclose, to any third party, any information obtained from the other party in the arbitration proceeding, except as required by applicable law; and (5) neither party will be entitled to rely on any arbitration award, finding of fact, or conclusion of law issued in any other arbitration proceeding involving only one of the parties. This arbitration provision shall survive the termination of any other contract between you and soulgymwisdom.org.