AI Concepts may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH AI CONCEPTS ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate disclosures on our Platform or in connection with the applicable Service(s) and Products. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
AI Concepts reserves the right to amend the Terms from time to time in our sole discretion. Amendments will be effective upon the posting by AI Concepts of such updated Terms, Services or other service or material at this location or in the amended policies or supplemental terms on the applicable Service(s) and will apply to your use of the Services after the date the Terms are posted or their effective date, whichever is later. Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended.
Unless otherwise agreed to in a binding contract between us, AI Concepts reserves the right to modify or withdraw the Platform or Services at any time and will not be liable, in any manner whatsoever, if for any reason all or any part of the Platform, the Services or any content is unavailable at any time or for any period for any reason whatsoever. Thus, you use the Services at your sole discretion. From time to time, we may restrict access to some or all parts of the Services to users, including registered users.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
BY AGREEING TO THE TERMS, YOU AGREE THAT (1) ANY CLAIM, DISPUTE OR CONTROVERSY MUST BE RESOLVED THROUGH ARBITRATION; (2) THE PARTIES ARE WAIVING THE RIGHT TO A TRIAL BY JURY; (3) THE RIGHTS THAT THE PARTIES WOULD HAVE IF THEY WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST; (4) THE PARTIES MAY ONLY BRING A CLAIM IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING; AND (5) THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
Agreement to Binding Arbitration Between You and AI Concepts
You and AI Concepts agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services or Products at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and AI Concepts, and not in a court of law. You acknowledge and agree that you and AI Concepts are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and AI Concepts otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and AI Concepts each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. The arbitration may be conducted remotely, via videoconference technology, consistent with the rules for remote arbitration made available by the AAA.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Georgia.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Georgia and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Location and Procedure
The arbitration will be conducted in Atlanta, Georgia. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and AI Concepts submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. AI Concepts will not seek, and hereby waives all rights AI Concepts may have under applicable law to recover, attorneys’ fees and expenses if AI Concepts prevails in arbitration.
It is your responsibility to pay AAA filing fees, and any administrative and arbitrator fees will be allocated as set forth in the AAA Rules.
Severability and Survival
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
This Platform, Services, and Products are offered for informational purposes only, and your use of this Platform, the Services, and Products is at your own and sole risk. The Platform, Services and Products are provided on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind, either express or implied. AI Concepts, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose. AI Concepts, its licensors, and its suppliers make no representation or warranties about the accuracy, reliability, completeness, security, quality, availability, currency or timeliness of the content, software, text, graphics, links or communication provided on or through the use of the Services, Products or the Content. AI Concepts is not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Platform, the Services, or Products and is not responsible or liable for any error or omissions in that information.
AI Concepts does not warrant that the Platform, Services, or Products will be accurate, reliable, uninterrupted, error free or are free of computer viruses or other destructive elements.
AI Concepts will make reasonable efforts to keep the Platform and Services operational. However, at times technical difficulties may result in temporary or long-term interruptions as a result of Platform and Services maintenance. These interruptions could be for issues outside of AI Concepts’ control, including, but not limited to, issues involving your cell phone network, the removal of a previously existing cell phone tower, or your internet service provider’s issues. As such, your data (including photographs) may not always be available. AI Concepts does not warrant or guarantee network or system availability and will not be held liable in the event that all or any part of our Platform or Services is unavailable at any time or for any period. In addition, AI Concepts does not warrant or guarantee the preservation of your photographs.
AI Concepts is based in Georgia, in the United States of America. The Services are provided for use only by persons located in the United States. AI Concepts makes no claims that the Services or any content is accessible, appropriate or may be used outside of the United States. Access to the Services and any content may not be legal by certain persons or in certain countries.
IF YOU ACCESS THE SERVICES AND CONTENT FROM OUTSIDE THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION.