Terms of Use for InMyArea.com
InMyArea.com
12130 Millennium Drive, Ste 600
Los Angeles, CA 90094
Thank you for using the InMyArea.com website, https://www.inmyarea.com ("the Site") Access to and use of InMyArea.com's sites are subject to the following Terms of Use:
These Terms of Use apply to this website and InMyArea.com. Centerfield Media Parent, Inc., the owner of InMyArea.com (collectively, "we", "us" or "our") also owns several other domain names that point to this Site, and we will from time to time add new sites that may or may not be listed in the Terms of Use.
PLEASE READ THESE TERMS OF USE CAREFULLY, AS YOUR USE OF THIS SITE, ITS SERVICES AND ANY OTHER InMyArea.com SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE AND THE PRIVACY POLICY POSTED ON THIS SITE WHOSE TERMS AND CONDITIONS ARE INCORPORATED HEREIN AS THOUGH FULLY SET FORTH BY REFERENCE. BY ACCESSING OR USING ANY PART OF THIS SITE OR THESE SERVICES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF USE SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THIS WEB SITE OR THESE SERVICES.
InMyArea.com may, in its sole discretion, modify or revise these Terms of Use at any time by updating this web page. You are bound by any such modification or revision and should, therefore, visit this page periodically to review the terms. All references, protections, benefits, and limitations of liability set forth in these Terms of Use and applicable to InMyArea.com apply equally to InMyArea.com's owner.
1. NO FINANCIAL ADVICE; RISK
We do not provide tax, legal or investment advice. InMyArea.com does not guarantee the safety or legality of the information provided or the products or services offered. You should exercise as much caution as you would typically exercise with any purchase of products or services. The above is not intended as an all-inclusive list of risks or a substitute for independent legal or financial advice. Always seek advice from qualified advisors, and read and understand all enrollment materials carefully. The information contained at the Site and/or any advice or comments made by any agent or employee of InMyArea.com are intended only to educate and assist clients, applicants, visitors, and the like. This information is provided for informational purposes only and is not meant to be a substitute for professional counseling and advice from certified legal or financial professionals.
2. SERVICES
InMyArea.com provides services, including a matching service that allows you to input your information once and receive quotes or calls from multiple people/organizations (the "Services"). These people or organizations will provide you a convenient, fast method for evaluating your options and making informed decisions relating to a particular service that is being advertised. We do not offer or provide these counseling or financial services, and there is no charge to consumers for the use of our Services. By using this the Services, you expressly waive any claim against us relating to the quality of any services we match you with, and understand that we are not responsible for the quality of any services you ultimately select.
By using our Services and providing your personal contact information, you agree that one or more of the companies you are matched with may contact you by email, telephone, mail, or any other method of communication. You request and expressly consent to receive any telephone call including without limitation any autodialed or prerecorded telephone call to any telephone number including without limitation any wireless telephone number, which could result in charges to you from independent providers of the services we match you with, regardless of whether your contact information appears on any federal or state No Call Registry. You acknowledge that such consent is not a condition of purchase. Your information may also be sent to other service providers who may contact you independent of us.
We seek to connect consumers with companies that provide a variety of services. Statements relating to potential results from these services may apply to one type of service but not another. Any financial or other relationship entered into between you and any third party that arose from information received or accessed through this the Site or InMyArea.com is solely between you and the third party. InMyArea.com is not a party to your agreements, and you assume sole liability for any such agreements. We are not responsible for any transaction that may occur between you or your company and a InMyArea.com client.
The providers are from companies or industries that may require licensing, bonding, registration or other prerequisites in order to lawfully do business in your state. We encourage you to check with the appropriate agency to be certain any requirements are being met. Individual program fees and results vary, and programs may be unavailable in some states.
The fact that you are matched with a provider that offers you a particular solution should not be intended to suggest that the solution is right for you, or that InMyArea.com endorses any particular provider or solution. You are strongly encouraged to consult with an attorney and/or a qualified financial advisor prior to making any decision that could have significant legal or financial consequences to you. Should you have a dispute with any of InMyArea.com's suppliers/vendors that you are matched with, you must address such dispute to the supplier/vendor directly. By using this Site you hereby agree to release InMyArea.com (and our employees, agent, and affiliated entities, if any, and their employees and agents) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with such matched individuals or organizations. We value our integrity. As a company and as individuals, we are committed to providing a positive experience for you. If you are not completely satisfied with our Services for any reason, please email us partners@centerfield.com to discuss your concerns.
3. YOUR USE OF InMyArea.com SERVICES
You agree that by entering your personal information and submitting it to InMyArea.com, you are entering into a business relationship with InMyArea.com, requesting that it distribute your information to its contracted marketing partners, and you expressly consent and request to be contacted by InMyArea.com, its employees, representatives, agents and third party contracted vendors with promotions and offers relating to your request even if the entered telephone number is currently on a federal, state, or wireless Do Not Call list. By submitting your personal information, you expressly consent to be contacted by InMyArea.com and its contracted marketing partners, including without limitation any autodialed or prerecorded telephone call to any telephone number including without limitation any wireless telephone number, which could result in charges to you. You acknowledge that such consent is not a condition of purchase. It is expressly understood that these contacts, telephone calls, emails, letters, and faxes are being made pursuant to your request for such communications. These contacts are necessary so that that we may provide the services set forth on our Site that you requested, to service your account, to reasonably address matters pertaining to your account or for other reasonable purposes related to our business.
It is agreed that your use of the Services is for the purposes provided therein and not for any other purpose including advertising or competitive intelligence. You acknowledge that InMyArea.com screens your requests and has the right (but not the obligation) in our sole discretion to deny any request that is in violation of these Terms of Use. If it is determined or suspected by InMyArea.com in its sole discretion that you are misusing or attempting to misuse or circumvent the Services or InMyArea.com system, or are using or attempting to use it for any inappropriate purposes, including but not limited to activities such as hacking, fraud, advertising, cartelling or spamming, InMyArea.com reserves the right, in its sole discretion, to immediately terminate your access without notice and to instigate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including, but not limited to, lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies. In this connection, you acknowledge that if you violate your obligation hereunder not to cartel (i.e., if you use our system as part of an attempt to solicit or sell leads to our clients), in addition to all other remedies available to InMyArea.com, we will be entitled to liquidated damages in the amount of Fifty Thousand and 00/100 Dollars ($50,000.00). You agree and acknowledge that these liquidated damages are a fair and accurate estimate of InMyArea.com's actual damages resulting from a breach of this provision and shall not be construed as penalty or punitive damages against you.
4. INFORMATION YOU PROVIDE TO US
When using * the Services, you will be prompted to disclose certain information about yourself and your personal situation. This information will be sent to matching individuals or organizations which will need this information to respond to you. You promise that you will only complete a quote request for yourself. You promise that you are at least 18 years of age. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or InMyArea.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, InMyArea.com has the right to refuse you any current or future use of the Services. You are responsible for any use of the Services by persons to whom you intentionally or negligently allow access to your password. Your acceptance of these Terms of Use indicates that you expressly consent to our use and disclosure of your personal information in accordance with our Privacy Policy.
5. YOUR USE OF InMyArea.com CONTENT
InMyArea.com also provides content including, but not limited to, text, software, photographs, graphics, data, and other material ("Content") that are protected by copyright and other laws in both the United States and elsewhere. The Content includes both content owned or controlled by the InMyArea.com and content owned or controlled by third parties and licensed to InMyArea.com. InMyArea.com authorizes you to view and download a single copy of the Content on the site solely for your personal, non-commercial use. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the written permission of InMyArea.com. As a condition of your use of this Site, you warrant that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Use of InMyArea.com Content for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
6. LINKS TO THIRD PARTY SITES
There are links in the InMyArea.com Web Site that will let you leave InMyArea.com's Web Site. The linked sites are not under the control of InMyArea.com and InMyArea.com is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. InMyArea.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by InMyArea.com of the site.
7. UPGRADES, SUPPORT AND NOTICES
From time to time, InMyArea.com may send you information and offers about upgrades, documentation, special announcements and other services offered by InMyArea.com. You acknowledge and agree that InMyArea.com has the right to do so. If you do not wish to receive these communications, you can choose to opt out of these communications by changing your notification preferences as described in our Privacy Policy. Notwithstanding the foregoing, under no circumstances will InMyArea.com or any of its individuals or organizations have any obligation to provide you with upgrades, enhancements, modifications, or support for the Services provided. You understand and agree that it is your responsibility to inform InMyArea.com of your choice not to receive emails or other contact from it. If you do not, InMyArea.com will assume that you want to receive such, and will continue to send such to you, in its sole discretion.
8. NO WARRANTIES
InMyArea.com does not fully evaluate any company, organization, or individual, or their respective offers, that are accessible through this Site. While we use some care in selecting our associates and affiliates, we make no express or implied warranty or representation, nor are we liable for any direct, indirect or consequential damage arising in connection with respect to any of the programs, services or products accessed through this website. Any financial or other relationship entered into between you and any third party that arose from information received or accessed through this Site or InMyArea.com is solely between you and the third party. InMyArea.com is not a party to your agreements and you assume sole liability for any such agreements.
THIS WEB SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEB SITE, IS PROVIDED "AS IS". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, InMyArea.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON WEB SITE. FURTHER, InMyArea.com DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. InMyArea.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED HEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. InMyArea.com SHALL NOT BE LIABLE FOR THE USE OF THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED HEREIN. IN NO EVENT WILL InMyArea.com BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, then our aggregate liability for all claims under such circumstances for liabilities that otherwise would have been limited, shall not exceed the greater of fifty dollars ($50.00) or the amount paid by you to InMyArea.com for your use of any services.
You agree to indemnify InMyArea.com, and its subsidiaries, affiliates, officers, employees, agents, and co-branders and hold them each harmless from any and all claims or demands, including attorney's fees, made by any third party due to or arising from your use of the Services or connection to the InMyArea.com Web Site or your violation of the Terms of Use, or arising from your violation of any rights of a third party.
YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES CONTAINED HEREIN. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
The Terms of Use will inure to the benefit of InMyArea.com's successors, assigns and licensees. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. The failure of InMyArea.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and InMyArea.com as a result of this agreement or use of this Site.
9. GOVERNING LAW
The laws of the State of California shall govern this Legal Statement without regard to conflict-of-laws principles.
10. INTERNATIONAL ACCESS
Our Site is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Site. We make no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
11. BINDING INDIVIDUAL ARBITRATION; NO CLASS ACTIONS
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.
a. Disputes that Must Be Arbitrated
This agreement applies to any "Dispute" between you and Centerfield Media Parent, Inc. (in this section, "Company"). "Dispute" means any dispute, claim, or controversy (excluding those exceptions listed below) between you and Company that arise out of your use of the Site, the Content, the Services, or these Terms of Use, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either of us seeks legal recourse, including the validity, enforceability, or scope of this agreement to arbitrate or any portion of it.
The exceptions to this arbitration requirement are: (i) claims that can be brought as individual actions in small-claims court; (ii) pursuit of enforcement actions through a government agency if the law allows; (iii) an action to compel or uphold any prior arbitration decision; (iv) your or Company's right to seek injunctive relief in a court of law to preserve the status quo while an arbitration proceeds; (v) claims of intellectual property infringement; (vi) claims that are the subject of a proposed class or collective action settlement in any court; (vii) the enforceability of the requirement that arbitrations must be conducted on an individual rather than a class basis; and (viii) certain roles expressly specified for courts in the terms below.
b. Informal Resolution
If you have a Dispute against Company or if Company has a dispute against you, Company will attempt to resolve the Dispute informally before an arbitration is filed in order to resolve the Dispute faster and reduce costs for both parties. You and Company will make a good-faith effort to negotiate the resolution of any Dispute for at least 30 days ("Informal Resolution") from the day you or Company receive a written notice of a dispute from the other party (a "Notice of Dispute") in accordance with these Terms. You must send any Notice of Dispute by email or via U.S. mail to [one of] the following address[es]:
privacy@centerfield.com
Centerfield Media Parent, Inc.
Attention: Legal Department
12130 Millennium Drive, Ste 600
Los Angeles, CA 90094
Company will send any Notice of Dispute to your registered email address and ATTN: NOTICE OF DISPUTE to the email address and any address you have provided Company. The Notice of Dispute sent by either party must include the sender's name, address, and other contact information, a description of the Dispute (including any relevant account names), and what resolution to the Dispute is being sought.
The Notice requirement is designed to allow Company (or you, in the case of a dispute Company asserts against you) to make a fair, fact-based offer of settlement if Company or you choose to do so. You and Company cannot proceed to arbitration unless this information has been provided. If you or Company proceed to arbitration without providing a compliant Notice of Dispute, the sufficiency of a Notice of Dispute is an issue to be decided by a court. A court may enjoin the filing of an arbitration demand that has not been preceded by a compliant Notice of Dispute and may order a party that has filed an arbitration demand without having provided a compliant Notice of Dispute to reimburse the other party for any arbitration fees and costs already incurred.
c. Small-Claims Court
You and Company agree that notwithstanding the obligation to arbitrate Disputes, Disputes that qualify for small-claims court in either the county where you live or in Los Angeles County, California may be brought as individual actions in such small-claims courts. Company hopes you'll try Informal Resolution first, and you must do so before commencing an arbitration, but you don't have to complete the Informal Resolution process before going to small-claims court.
d. Binding Individual Arbitration
THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Under no circumstances does Company consent to have any Disputes arbitrated using class action procedures, even if the arbitration provider has rules permitting class arbitrations. You and Company agree that Disputes will be settled by binding individual arbitration conducted by the American Arbitration Association ("AAA") according to the U.S. Federal Arbitration Act ("FAA") and federal arbitration law and according to the Consumer Arbitration Rules of the American Arbitration Association, as modified by these Terms. These Terms affect interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the FAA, 9 U.S.C. § 1, et seq., to the extent permitted by law. "Arbitration" means that Disputes between you and Company will be resolved by a neutral arbitrator instead of in a court by a judge or jury. "Individual" means that the arbitrator may award the same remedies to you or to Company as a court could, but only to satisfy your or Company's individual claims. To the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or us as part of the resolution of any Dispute. "Binding" means that both you and Company will have to live with the arbitrator's decision, except to the limited extent appeals to a court are permitted under the FAA. As limited by the FAA, these Terms, and the rules applicable to the arbitration, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but (as provided above) only to the extent necessary to provide relief to a party in arbitration warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.
e. Arbitration Procedure and Location
You or Company may initiate arbitration of any Disputes not resolved by Informal Resolution by filing a Demand for Arbitration with the AAA in accordance with the Consumer Arbitration Rules of the American Arbitration Association. Instructions for filing a Demand for Arbitration are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879, TTY 711. You will send a copy of any Demand for Arbitration [by email or] via U.S. mail to the following address:
info@inmyarea.com
Centerfield Media Parent, Inc.
Attention: Legal Department
12130 Millennium Drive, Ste 600
Los Angeles, CA 90094
Company will send any Demand for Arbitration to the email address and to any address you have provided Company.
The arbitration will be conducted by a single arbitrator. You and Company both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these Terms.
The arbitrator shall permit Company and You to file a dispositive motion(s) to determine threshold issues, such as arbitrability and whether the Demand for Arbitration states a claim for which relief may be granted.
For Disputes in which the claimant seeks less than $10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For matters in which the claimant seeks $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required, and you reside in the United States, the hearing will take place in Los Angeles County, California unless the arbitrator determines that this would pose a hardship for the claimant, in which case the in-person hearing may be conducted in the claimant's state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.
The arbitrator (not a judge or jury) will resolve the Dispute. Unless you and Company agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator's essential factual and legal findings and conclusions. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are Individual to you or Company to satisfy one of our individual claims (that the arbitrator determines are supported by credible relevant evidence). An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself.
Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
f. Consumer Arbitration Fees
Payment of all filing, administration, and arbitrator costs and expenses imposed by the AAA will be governed by the Consumer Arbitration Rules, except if you are initiating an arbitration against Company and the value of the relief sought is $10,000 or less, then Company will advance all filing, administrative and arbitration costs and expenses imposed by the AAA (subject to reimbursement if the arbitrator finds the arbitration to be frivolous or asserted for an improper purpose).
Even if the Dispute involves a claim of damages of more than USD $10,000, Company may still help you with your fees if you demonstrate that arbitration costs will be prohibitive compared to litigation costs, Company will pay as much of your arbitration costs as the arbitrator finds is necessary to prevent arbitration from being cost-prohibitive (as compared to the cost of litigation).
Notwithstanding Company's agreement to pay all of the arbitration costs if the Dispute involves a claim of damages of USD $10,000 or less, Company will not pay a claimant's share of fees if (1) the claimant is represented by the same common or coordinated counsel as other claimants with similar claims unless the total aggregated claim of damages is USD $10,000 or less for all claimants; or (2) you comply in good-faith with the Informal Resolution provision of this section.
You and Company agree not to seek any attorneys' fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. Applicable law may allow the arbitrator to award attorneys' fees and costs to the prevailing party.
You are responsible for all other additional costs that you may incur in the arbitration, including attorney's fees and expert witness costs, unless Company is otherwise specifically required to pay such fees under applicable law. Arbitration costs do not include your attorneys' fees and expenses if you choose to be represented by an attorney. If you choose to be represented by an attorney, you will pay your own attorneys' fees and costs unless the applicable law provides otherwise. If Company starts an arbitration against you, Company will pay all filing fees.
g. Coordinated Filings
If 25 or more Disputes are initiated with the arbitrator that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered "Coordinated Cases." Company will pay only its share of arbitration fees for Coordinated Cases; the claimants will be responsible for their share of those fees as set by the Rules and the AAA's fee schedule for mass arbitrations. Applicable statutes of limitations will be tolled for all claimants who have provided compliant Notices of Dispute to Company, but demands for arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below, and Company shall not be required to pay any fees associated with cases that this agreement does not allow to be filed.
Once all Notices of Dispute have been provided to Company for Coordinated Cases, counsel for claimants and counsel for Company shall confer in good faith regarding the number of cases that should proceed as bellwethers, to allow each side to test the merits of its arguments, before the remainder of claims may be filed with the arbitration provider. Any number chosen must be an even number so as to allow each side to designate its half of the cases selected for bellwether trials. If counsel for claimants and for Company do not agree on the number of bellwethers, the number shall be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider's discretion, by a process arbitrator). Factors that the arbitration provider may consider in making this decision include the complexity of the dispute and differences in facts or applicable laws among various claims. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen claims may be filed with the arbitration provider. You agree that if your case is among Coordinated Cases filed against Company, resolution of your personal claim might be delayed by this bellwether process. Nothing in this paragraph shall be construed to delay the resolution of uncoordinated Disputes based on similar claims to Coordinated Cases filed against Company.
A single arbitrator shall preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. Once all bellwether trials have concluded (or sooner if the counsel for the claimants in the Coordinate Cases and Company agree), the parties must make a good-faith effort to resolve all remaining cases that were not chosen for a bellwether proceeding by engaging in a single mediation of all remaining cases. Each side shall pay half the applicable mediation fee. Counsel for claimants in the Coordinated Cases and for Company must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If counsel for claimants in the Coordinated Cases and for Company cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. Counsel for the claimants in the Coordinated Cases and for Company will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed. If the mediation does not yield a global resolution, then claimants in Coordinated Cases who provided compliant Notices of Dispute but whose claims were not resolved in bellwether proceedings shall no longer have the right to arbitrate their Dispute. Instead, outstanding claims from such cases may be filed only in the state courts in Los Angeles County, California or if federal jurisdiction exists, in the United States District Court for the Central District of California, and you consent as part of these Terms to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or Company from removing a case from state to federal court if removal is allowed under applicable law. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and Company reserves the right to contest class certification at any stage of the litigation and on any available basis. A court shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
h. Continuation in Effect
The dispute resolution process set forth in this agreement survives the termination of any other agreement between you and Company.
i. Future Terms Changes
Although Company may revise these dispute resolution terms in its discretion, Company does not have the right to alter this agreement, or the arbitration rules specified herein, with respect to any Dispute once that Dispute arises if such change would make arbitration procedures materially less favorable to the claimant. The question of whether a change is materially less favorable to the claimant shall be decided by the arbitration provider as a process matter.
j. Class Action Waiver
To the maximum extent permitted by applicable law, disputes, claims, and controversies not subject to the requirement to arbitrate (including, but not limited to, claims filed in small claims court and claims that are deemed not subject to the requirement to arbitrate) may not be aggregated together in a class action, except that (as set forth above in Coordinated Filings provision) if a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and Company reserves the right to contest class certification at any stage of the litigation and on any available basis. Accordingly, to the maximum extent permitted by applicable law, you and Company will only bring disputes, claims, or controversies between Company in an individual capacity only and shall not: • seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (like private attorney general actions); or • consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to these Terms.
k. Severability
If all or any provision of this agreement is found invalid, unenforceable, or illegal, then you and Company agree that the provision will be severed, and the rest of these terms shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, you and Company agree that this entire agreement to arbitrate (but not the separate class action waiver) will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of law clauses specified herein.
l. Your 30-Day Right to Opt Out
You have the right to opt out of and not to be bound by the Binding Individual Arbitration provisions set forth in these Terms (except for the class action waiver, which is not subject to an opt-out). To exercise this right, you must send written notice of your decision [by email or] via U.S. mail to [one of] the following address[es]:
info@inmyarea.com
Centerfield Media Parent, Inc.
Attention: Legal Department
12130 Millennium Drive, Ste 600
Los Angeles, CA 90094
Your notice must include your name, mailing address, and email address associated with your account with Company, and state that you do not wish to be bound by the Binding Individual Arbitration provisions set forth in these Terms. TO BE EFFECTIVE, THIS NOTICE MUST BE EMAILED, POSTMARKED OR DEPOSITED WITHIN 30 DAYS OF THE DATE ON WHICH YOU FIRST ACCEPTED THESE TERMS UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW; OTHERWISE, YOU WILL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THIS SECTION. You are responsible for ensuring that Company receives your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these provisions, Company will not be bound by them with respect to disputes with you.
This agreement constitutes the entire agreement between you and InMyArea.com with respect to this site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and InMyArea.com with respect to this site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.