DO NOT USE OR ACCESS OUR SERVICES OR ANY INFORMATION CONTAINED HEREIN IF YOU DO NOT AGREE TO OUR TERMS SET FORTH IN THIS AGREEMENT.
Assured’s Services are intended for adults 18 years of age and older. Any use or access to the Services by anyone under the age of 18 is strictly prohibited. By accessing or using our Services, you confirm that you are at least 18 years of age or older and have both the mental and legal capacity to enter into a binding contract with us. Registered users not meeting this criteria will have their account and/or access to the Services canceled.
If you are using the Services on behalf of any legal entity, including a corporation, and not using the Services personally, you represent that you are authorized to enter into an agreement on behalf of that legal entity, and are nevertheless individually bound by these Terms even if Assured has a separate agreement with such entity.
Assured’s Services may not be available in all areas of the United States and you, therefore, may not be eligible for them. We reserve the right to determine eligibility.
All content included within our Services and products (including, without limitation, offerings from Assured Enterprises, Inc.), such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, as well as the compilation of that content into one, coherent website, is the property of Assured and protected by United States and international copyright laws. Reproduction of the content of the Services without the written permission of Assured is prohibited. Please note that references to AssuredOne™ include, without limitation and with the broadest reasonable reach, all intellectual property of Assured Enterprises.
AssuredOne™, the AssuredOne™ logo, and other Assured graphics, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress of AssuredOne™, Assured Enterprises or its subsidiaries or affiliates.. Assured’s trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not Assured’s, or in any manner without Assured’s permission. All other trademarks not owned by Assured or its subsidiaries or affiliates that appear within our Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Assured or its subsidiaries or affiliates.
ACCOUNTS AND PASSWORDS
You will need to create an account to access our Services. You hereby represent and warrant that the information you provide to AssuredOne™ upon registration including, but not limited to, information provided to us by you from your social networks or relevant third parties and at all other times, will be true, accurate, current, and complete. Your “Account Information” also includes any information or data you provide to us during the insurance application, endorsement or claims process. You also hereby represent and warrant that you will ensure that this information is kept accurate and current at all times.
Once an account is issued to you, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for any and all activities that occur under your account or password. Unauthorized access or use of the Services that require an account and password is prohibited. You agree to notify AssuredOne™ immediately if you have reason to believe that a third party has obtained your User ID or password, or if you suspect that any unauthorized access or use may occur or has occurred by contacting our Support team. AssuredOne™ reserves the right to, under its sole discretion, suspend or terminate accounts, refuse service, or otherwise restrict access to the Services.
Specifically, the forms, questionnaires, reports, findings, recommendations, roadmap reports, threat analyses, CyberScore® and other communications from Assured are for the sole and exclusive use of Assured and you. This information is of high value and may not be disseminated, transferred, shared, appropriated, or conveyed to or by any third party reasonably positioned to compete with Assured. Documents from Assured may be shared with regulators and governmental authorities.
INSURANCE COVERAGE AND QUOTES
All quotes generated exclusively by AssuredOne™ are based upon the information you provided and are not a contract, binder, or agreement to extend insurance coverage. Any coverage descriptions provided in our Services are general descriptions of available lines of coverages and potential policy endorsements and are not a statement of contract. To obtain coverage you must submit an application to AssuredOne™ through our web site or otherwise and receive notification from us that your application for coverage was approved and coverage has been bound. Coverage, minimum or additional limits of insurance and availability may vary by state or territory. The scope, limits, exclusions, premium, and other aspects of the insurance coverage will be subject to the terms and conditions of the actual insurance policy bound or issued to an insured. Note: Insurance is offered and serviced exclusively by AssuredOne, Inc. and not by Assured Enterprises, Inc. or any other affiliate unless expressly stated in writing. Any payments to Assured relating to insurance, whether paid inadvertently or not shall only be for the account of AssuredOne, Inc., exclusively.
From time to time we may offer non-admitted insurance products for purchase by you. These insurance products are available only through a licensed surplus lines broker.
You may be required to provide AssuredOne™ with information regarding your bank account, credit card, or other payment method in order to purchase an insurance policy and bind coverage through our Services. You represent and warrant to Assured that such information is true and accurate and that you are authorized to use such payment method. You agree to update your account information with any changes that may occur as soon as practicable. You further agree to pay AssuredOne™ the insurance premium and any applicable fees or taxes for the insurance policy you have selected in accordance with the terms of such policy and our Terms of Service. You hereby authorize AssuredOne™ to periodically bill you in advance via your preferred payment method in accordance with the terms of the insurance policy you have purchased or recieved. You must notify AssuredOne™ regarding any disputed charges within sixty (60) days after the date that AssuredOne™ charges you. You shall be responsible for all taxes associated with the Services other than any taxes based on AssuredOne™s net income.
Any information provided by you regarding a reported insurance claim and loss under your insurance policy is subject to review and verification. AssuredOne™ reserves the right to request additional information as necessary on behalf of the insurance company or other relevant party on any reported insurance claim. A claim representative may contact you regarding your claim and the information provided. All policy provisions contained in your policy remain in full force and effect. Any questions concerning your policy’s coverage can be directed to our Support page or a claim representative.
AssuredOne™ uses an on-line application and quoting system to provide you with insurance quotes. This quoting engine is not and should not be construed as insurance advice. AssuredOne™ may occasionally change the content of the quoting engine. Coverage will be determined in accordance with the terms and conditions of your insurance policy and not based upon information reflected on our quoting engine. You are therefore encouraged to view and/or download your actual policy documentation prior to making any purchase decision. Assured is not liable for any inaccurate, missing, or misconstrued information and makes no guarantee as to the quality and accuracy of the content. Any insurance purchasing conclusions and decisions such as coverage amounts, limits, and retentions are solely the responsibility of the insured.
LICENSE TO ACCESS SERVICES
Subject to these Terms and our policies (including policies made available to you within the Services), we grant you a limited, non-transferable, non-exclusive, and revocable permission to access and use our Services.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access (other than your User Content), which shall remain with us and our respective licensors. Any unauthorized use automatically terminates the permission or license granted by AssuredOne™ and may incur legal liabilities for any damages.
Certain software code incorporated into or distributed with our Services may be licensed by third parties under various “open-source” or “public-source” software licenses (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. At all times, you agree to comply with the terms and conditions governing such open-source software license agreements.
Regardless of any industry custom or practice, we will not pay you for any submitted ideas, suggestions, documents, presentations, proposals, and/or communications relating to Assured’s Services (collectively, “Contributions”).
Assured is not under any obligation of confidentiality, express or implied, with respect to the Contributions and will consider anything you provide to Assured and/or contribute to the Services as available for our use free of any obligations to you, including any payment, reimbursement or other expected remuneration.
AssuredOne™ reserves the right to investigate suspected violations of these Terms. AssuredOne™ may seek to gather information from any user who is suspected of violating these Terms and from any other user. If Assured believes, in its sole discretion, that a violation of these Terms has occurred, it may terminate accounts or your access to the Services, or take other corrective action it deems appropriate. Assured will fully cooperate with any law enforcement authorities or court order requesting or directing AssuredOne™ to disclose the identity of anyone believed to violate these Terms. BY ACCEPTING THESE TERMS YOU WAIVE AND HOLD HARMLESS ASSUREDONE™ FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ASSUREDONE™ DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ASSUREDONE™ OR LAW ENFORCEMENT AUTHORITIES.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including investigation of potential violations of it; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) cooperate with law enforcement authorities; (v) respond to user support requests; or (vi) protect our rights, property and safety and those of our users and the public.
INDEMNITY AND RELEASE
You agree to defend, indemnify, release and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; and (iii) your violation of any third party right, including without limitation any copyright, property, publicity, or privacy right; including all actions taken under your account. This defense, hold harmless, and indemnification obligation shall survive any termination of these Terms and your use of the Services.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES AND OTHER CONTENT IN THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ASSUREDONE™ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ASSUREDONE™ DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE SERVICES OR THE SERVERS THAT MAKE THE ONLINE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ASSUREDONE™ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON OR LINKED TO THE ONLINE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ASSUREDONE™ MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUREDONE™ ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
ASSUREDONE™ DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICES OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ASSUREDONE™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ASSUREDONE™) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
EXCLUSION OF DAMAGES
ASSUREDONE™ WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF ASSUREDONE™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 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 ASSUREDONE™ SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, ASSUREDONE™ WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH THE ACCOUNT REGISTRATION CLAUSE OR (2) CONTENT POSTED BY YOU OR ANY THIRD PARTY.
The content of our Services may not be copied, modified, reproduced, republished, uploaded, framed, posted, transmitted, distributed, displayed, licensed or used in any way except in your lawful use in connection with the sale or purchase of insurance or unless specifically authorized by AssuredOne™(TM)AssuredOne™. Except as specifically authorized in any part of the Services, you may not create any kind of hyperlink from any third party site to ours unless you first obtain our express written permission. You are not authorized to use any portion of the Services or any other AssuredOne™(TM)AssuredOne™ intellectual property in the meta-tags of any website or in any other materials. Any authorization to copy any content of the Services granted by AssuredOne™(TM)AssuredOne™ in any part of the Services for any reason is restricted to the use expressly permitted by AssuredOne™(TM)AssuredOne™, and is subject to your preserving all copyright and other proprietary notices. Using any content of the Services on any other website or networked computer environment is prohibited except in your lawful use in connection with referring prospects to AssuredOne™(TM)AssuredOne™ or purchasing insurance or unless specifically authorized by AssuredOne™(TM)AssuredOne™. Decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software of the Services into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software is prohibited. AssuredOne™(TM)AssuredOne™ has the right, in our sole discretion, to suspend or terminate your use of our Services and refuse any and all current or future use of all or any portion of our Services.
You further agree not to: (i) create an account for anyone other than a natural person (unless you are a company, organization, legal entity, or a brand and represent that company, organization, legal entity, or brand); (ii) utilize or copy information, content, or any data you view on or obtain from the Services to provide any service that is competitive, in our sole discretion, with the Services; (iii) use or attempt to use another’s account or create a false identity; (iv) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Services, except as permitted in these Terms, or as expressly authorized by us; (v) adapt, modify, or create derivative works based on the Services or technology underlying the Services, in whole or part; (vi) interfere, disrupt, or game the Services, including, but not limited to any servers or networks connected to the Services, or the underlying software; (vii) engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Services’ infrastructure, including, but not limited to, sending unsolicited communications to other users or our personnel, attempting to gain unauthorized access to the Services, or transmitting or activating computer viruses, Trojan horses, worms, time bombs, or any other harmful or deleterious software programs through or on the Services; (viii) rent, lease, loan, trade, or sell/re-sell any information in the Services, in whole or part; (ix) use the communication systems provided by the Services for any commercial solicitation purposes, including to send unsolicited or unauthorized advertisements, spam, or chain letters; (x) sell, sponsor, or otherwise monetize any service or functionality in the Services, without our express written consent; (xi) remove any copyright, trademark, or other proprietary rights notices contained in or on the Services (whether ours or our licensors’); (xii) remove, cover, or otherwise obscure any form of advertisement included on the Services; (xiii) collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (excluding your User Content, and except if the owner of such information has expressly permitted the same); (xiv) share other users’ or third party’s information or their User Content without their express consent; (xv) infringe or use our brand, logos, or trademarks in any business name, email, or URL except as expressly permitted by us; (xvi) use or launch any manual or automated system or software, devices, scripts robots, other means, or processes to access, “scrape”, “crawl”, “cache”, or “spider” any web page or other service contained in our Services, or to access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (xvii) use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services; (xviii) access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance, or functionality for any competitive purpose; (xix) engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of the website; (xx) and/or attempt to or actually access the Services by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services.
AssuredOne™ reserves the right, at any time and from time to time, to modify, edit, delete, suspend or discontinue, temporarily or permanently the Services (or any portion thereof) and/or the Content available through the Website (or any part thereof) with or without notice. You agree that We will not be liable to You or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Website.
AssuredOne™ reserves the right, at any time, to terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, or no reason whatsoever, and without advance notice. We may monitor access to the Services and may refuse service to anyone, at any time, for any reason.
LINKS TO AND FROM OTHER WEBSITES
The Website may contain links and/or advertisements to other websites maintained by us or to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-Assured site does not mean that Assured approves, endorses or accepts any responsibility for that website, its content or use, or the use of products and services made available through such website. We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites. We have not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations of such sites. We do not make any representations whatsoever, or give any warranties of any kind, express, implied or otherwise, about other sites that you may access through the Website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such sites.
Any link to this website without our written permission is prohibited. Persons providing access to this website via link from another site are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning Assured.
We do not assume any liability relating to any authorization to link to the website and we hereby disclaim any such liability. We reserve the right to withdraw any authorization to link to this website at any time and for any reason.
Anyone providing access to, or information relating to, this website, whether by link or otherwise, is responsible for bringing these Terms to the attention of the person(s) receiving such access or information. We will not incur or accept liability for any failure to do so.
We reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective upon the posting of the modification to our App, and will apply to causes of action arising after the effective date of the change. You should continue to check the App for changes. Your continued use of our App or otherwise the Services following the posting of changes to these Terms will mean that you accept those changes.
WAIVER AND SEVERABILITY OF TERMS
You agree that Assured has the right, in its sole and absolute discretion, to transfer, assign, sublicense, or pledge in any manner whatsoever, any of its rights and obligations under these Terms to a subsidiary, affiliate, successor thereof, or to any third party whatsoever, without notifying you or receiving your consent. You shall not, by operation of law or otherwise, transfer, assign, delegate, sublicense, nor pledge in any manner whatsoever, any of your rights or obligations under these Terms.
GOVERNING LAW AND JURISDICTION
These Terms and your use of the Services are governed in all respects by the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of laws. Any dispute concerning these Terms shall be subject to the exclusive venue of a court of competent jurisdiction in Fairfax County, Virginia.
BY ACCESSING AND USING ASSUREDONE™’S WEBSITE, PRODUCTS AND SERVICES, YOU ACKNOLWEDGE THAT YOU’VE READ ASSUREDONE™’S TERMS OF SERVICE CAREFULLY, INCLUDING THIS SECTION, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ASSUREDONE™ ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Any controversy or claim arising out of or relating to use of AssuredOne™’s Services shall be settled by arbitration administered by the American Arbitration Association under its then-prevailing rules. Such arbitration shall be conducted by a single arbitrator in Fairfax County, Virginia. . In arriving at the award, the arbitrator shall make every effort to find a solution to the dispute in the provisions of these Terms and give full effect to all parts hereof. However, if a solution cannot be found in the provisions of these Terms, the arbitrator shall apply the law of the Commonwealth of Virginia.. The arbitrator shall be selected by mutual agreement of you and AssuredOne™; if you and AssuredOne™ cannot agree upon an arbitrator within thirty (30) days, the American Arbitration Association shall appoint an arbitrator as soon as possible, but within thirty (30) days, in accordance with the then-prevailing rules. The arbitrator is not authorized to act as amiable compositeur but shall rule in accordance with the applicable substantive law. The arbitrator shall streamline the procedures while ensuring fairness in order to quickly and cost-effectively resolve the dispute. The award shall be in writing. The arbitrator may award costs and reasonable attorneys’ fees to the prevailing party in accordance with the arbitrator’s judgment of justice and fair play. 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.
The headings and captions used in these Terms are inserted for convenience only and will not affect the meaning or interpretation of these Terms.