Arbitration; Class Action Waiver; Jury Trial Waiver; Enforcement of Terms and Conditions; Governing Law
You acknowledge and agree that the terms contained in this Terms and Conditions are reasonable and necessary, and that your actual or threatened breach of this Terms and Conditions would give rise to irreparable harm to PIOLK for which monetary damages would not constitute an adequate remedy and, in addition to any and all other rights that may be available in respect of such breach or threatened breach, will entitle PIOLK to immediate injunction and other equitable relief without any requirement to post bond.
These Terms and Conditions are governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. PIOLK makes no representation that Materials provided through the Services are applicable or appropriate for use in all locations. If you use the Services from other locations you are responsible for compliance with applicable local laws. If you take legal action relating to these Terms and Conditions or your interactions with or relationship to PIOLK that is not subject to arbitration as provided below, you agree to file such action only in the state and federal courts located in Dupage County, Illinois and waive any objection you may have to the venue or forum.
Any controversy or claim between you and PIOLK arising out of or relating to these Terms and Conditions, or breach thereof, including disputes with respect to whether the subject matter of any controversy or claim is within the scope of the Terms and Conditions, will be resolved by binding arbitration in Dupage County, Illinois under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and administered by the AAA. The parties explicitly disclaim any applicability of the U.N. Convention on Contracts for the International Sale of Goods to these Terms and Conditions. All arbitration proceedings will be conducted in English. Such arbitration will have one (1) neutral arbitrator if the amount in controversy is less than one million dollars ($1,000,000) or otherwise before a panel of three (3) neutral arbitrators. Each of the arbitrators must be i) a lawyer licensed to practice law in the United States with a minimum of fifteen (15) years of legal practice or senior level business experience or a retired judge with a minimum of five (5) years of service on the bench, ii) an individual with at least five (5) years of experience as an arbitrator, and iii) on the roster of neutrals of the AAA or similar nationally recognized ADR organization. If the arbitration proceedings shall be conducted before a panel of three neutral arbitrators, the panel shall be selected using the following process: Within fifteen (15) days after the commencement of arbitration, PIOLK and you shall each select one person meeting the specified qualifications to act as neutral arbitrator, and the two thus selected shall select a third neutral arbitrator meeting the specified qualifications within fifteen (15) days of their appointment. The third neutral arbitrator shall act as the chair of the arbitration panel. If the arbitrators selected by PIOLK and you are unable to or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA.
Neither you nor PIOLK will participate in a class action or class-wide arbitration for any claims covered by these Terms and Conditions. Any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HERE UNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS AND CONDITIONS.
If any part of these Terms and Conditions is found to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.
Assignment
You may not assign or otherwise transfer these Terms and Conditions or any rights or obligations here under, in whole or in part, and any such assignment in violation of this Agreement shall be null and void. The failure of PIOLK to exercise or enforce any right or provision set forth herein shall not constitute a waiver of such right or provision. These Terms and Conditions set forth the entire understanding between you and PIOLK with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and PIOLK with respect to such subject matter.
Amendments and Modifications to the Services
PIOLK reserves the right to make changes to the information, data, and Materials provided on the Services at any time without notice. PIOLK also reserves the right to modify or discontinue the some or all of the Services, or any Materials contained or accessible thereon, at any time without prior notice. PIOLK shall in no way be held liable for any consequence which results from PIOLK’s decision to modify or discontinue providing the Services or any content or functionality thereof.
Miscellaneous
You guarantee that (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
PIOLK expressly reserves the right to monitor any and all use of the Services. PIOLK also reserves the right to investigate and take legal action against any against any illegal and/or unauthorized use of the Services and/or Materials. PIOLK’s decision not to pursue legal action for any violation of this Agreement shall not be construed as a waiver of any provision of this Agreement or any of PIOLK’s legal rights.
These Terms and Conditions constitute the entire agreement between you and PIOLK with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, and representations, whether written, oral, or otherwise.
You acknowledge and agree that the terms contained in this Terms and Conditions are reasonable and necessary, and that your actual or threatened breach of this Terms and Conditions would give rise to irreparable harm to PIOLK for which monetary damages would not constitute an adequate remedy and, in addition to any and all other rights that may be available in respect of such breach or threatened breach, will entitle PIOLK to immediate injunction and other equitable relief without any requirement to post bond.
These Terms and Conditions are governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. PIOLK makes no representation that Materials provided through the Services are applicable or appropriate for use in all locations. If you use the Services from other locations you are responsible for compliance with applicable local laws. If you take legal action relating to these Terms and Conditions or your interactions with or relationship to PIOLK that is not subject to arbitration as provided below, you agree to file such action only in the state and federal courts located in Dupage County, Illinois and waive any objection you may have to the venue or forum.
Any controversy or claim between you and PIOLK arising out of or relating to these Terms and Conditions, or breach thereof, including disputes with respect to whether the subject matter of any controversy or claim is within the scope of the Terms and Conditions, will be resolved by binding arbitration in Dupage County, Illinois under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and administered by the AAA. The parties explicitly disclaim any applicability of the U.N. Convention on Contracts for the International Sale of Goods to these Terms and Conditions. All arbitration proceedings will be conducted in English. Such arbitration will have one (1) neutral arbitrator if the amount in controversy is less than one million dollars ($1,000,000) or otherwise before a panel of three (3) neutral arbitrators. Each of the arbitrators must be i) a lawyer licensed to practice law in the United States with a minimum of fifteen (15) years of legal practice or senior level business experience or a retired judge with a minimum of five (5) years of service on the bench, ii) an individual with at least five (5) years of experience as an arbitrator, and iii) on the roster of neutrals of the AAA or similar nationally recognized ADR organization. If the arbitration proceedings shall be conducted before a panel of three neutral arbitrators, the panel shall be selected using the following process: Within fifteen (15) days after the commencement of arbitration, PIOLK and you shall each select one person meeting the specified qualifications to act as neutral arbitrator, and the two thus selected shall select a third neutral arbitrator meeting the specified qualifications within fifteen (15) days of their appointment. The third neutral arbitrator shall act as the chair of the arbitration panel. If the arbitrators selected by PIOLK and you are unable to or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA.
Neither you nor PIOLK will participate in a class action or class-wide arbitration for any claims covered by these Terms and Conditions. Any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HERE UNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS AND CONDITIONS.
If any part of these Terms and Conditions is found to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.
Assignment
You may not assign or otherwise transfer these Terms and Conditions or any rights or obligations here under, in whole or in part, and any such assignment in violation of this Agreement shall be null and void. The failure of PIOLK to exercise or enforce any right or provision set forth herein shall not constitute a waiver of such right or provision. These Terms and Conditions set forth the entire understanding between you and PIOLK with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and PIOLK with respect to such subject matter.
Amendments and Modifications to the Services
PIOLK reserves the right to make changes to the information, data, and Materials provided on the Services at any time without notice. PIOLK also reserves the right to modify or discontinue the some or all of the Services, or any Materials contained or accessible thereon, at any time without prior notice. PIOLK shall in no way be held liable for any consequence which results from PIOLK’s decision to modify or discontinue providing the Services or any content or functionality thereof.
Miscellaneous
You guarantee that (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
PIOLK expressly reserves the right to monitor any and all use of the Services. PIOLK also reserves the right to investigate and take legal action against any against any illegal and/or unauthorized use of the Services and/or Materials. PIOLK’s decision not to pursue legal action for any violation of this Agreement shall not be construed as a waiver of any provision of this Agreement or any of PIOLK’s legal rights.
These Terms and Conditions constitute the entire agreement between you and PIOLK with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, and representations, whether written, oral, or otherwise.