DISPUTE RESOLUTION; ARBITRATION AGREEMENT; CLASS ACTION AND JURY TRIAL WAIVER.
Most disputes that arise out of the use of the Websites can be resolved quickly, informally, and with mutual satisfaction by reaching out to us at email@example.com.
If any dispute remains unresolved after that process, however, you and GSA agree to have all disputes resolved by arbitration, which shall be final and binding on both parties, except disputes (i) that may be brought in an individual action in small claims court, or (ii) that relate to the ownership or enforcement of intellectual property rights. In addition, you and GSA each retain 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. In any such case, your waiver of the right to a jury trial and the class action waiver set forth in this Agreement shall continue to apply.
- Initiating Arbitration. 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 New Hampshire, 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 proposed list of arbitrators by the AAA, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
- Location and Procedures. If the claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and GSA submit to the Arbitrator, unless you request a hearing and the Arbitrator determines that a hearing is necessary. If the claim exceeds $10,000, arbitration may be conducted in person, through the submission of documents, by phone, or online, and your right to a hearing will be determined by the AAA Rules. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Rockingham County, New Hamphsire or in another jurisdiction to which you and GSA agree in writing; provided, however, that if circumstances prevent you from traveling to New Hampshire, the AAA may hold an in-person hearing in the state where you reside. 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
- Arbitrator’s Decision. The Arbitrator will render a written award within the time frame specified in the AAA Rules and shall provide a written decision with a statement of reasons if requested by either party. The Arbitrator may award declaratory or injunctive relief, but only in favor of the individual claimant, but only to the extent necessary to provide relief warranted by the claimant’s individual claim. The Arbitrator shall not have authority to entertain any claim on behalf of a person who is not a named party, nor shall the Arbitrator have authority to make any award for the benefit of, or against, any person who is not a named party. The Arbitrator’s decision shall be final and binding on all parties. The Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.
- Venue. You and GSA agree to submit to the exclusive jurisdiction of the federal or state courts located in Rockingham County, New Hampshire in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
- Fees. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
- Severability. If any part of this Arbitration Agreement (i.e., Section 1), other than the class action waiver, is deemed or found to be unenforceable for any reason, the remainder shall be enforceable. The class action waiver is non-severable and if it is deemed or found to be unenforceable for any reason, the whole Arbitration Agreement shall be null and void.
- Disputes Between Users. You are solely responsible for your interactions with other users of the Websites. GSA reserves the right, but has no obligation, to become involved in any way with disputes between you and other users of the Websites.
Access to the website
Additional GSA Portal Term
This section 3 contains additional terms applicable to users of the GSA Portal.
- Mandatory Arbitration. To the extent that you are using the GSA Websites (including the GSA Portal) in connection with a Certification Agreement, Marketplace Partner Agreement, or other agreement between you and GSA, and such agreement includes a mandatory arbitration agreement, you and GSA agree to have all disputes resolved by arbitration as set forth in such Certification Agreement, Marketplace Partner Agreement or other agreement, which shall take precedence over the mandatory arbitration provisions in Section 1 above.
Website Content, Security, Functionality, and Interactive Feature
GSA reserves the right to change the Websites’ content options (including eligibility for particular features) at any time.
You agree that the Websites may include security technology that is designed to limit your use, access and interaction with data contained therein. Any security technology is an inseparable part of the Websites. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology for any reason – or to attempt or assist another person to do so. You shall not access or attempt to access a GSA Account that you are not authorized to access.
Certain content and services available via the Websites may include materials from third parties. GSA may provide links to third-party websites as a convenience to you. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked from the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You agree that GSA is not responsible for examining or evaluating the content or accuracy of such websites, and GSA does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that GSA is not in any way responsible for any such use by you.
Intellectual Property Right
The Websites may use or display certain trademarks, trade names, service marks and logos, icons, and domain names that constitute registered and unregistered trademarks, trade names, and service marks owned by, or used with permission by, GSA. Nothing grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Websites without our written permission or the written permission of their third-party owner.
Additionally, you agree not to (i) use the Websites in any manner that could disable, overburden, damage, or impair the Websites or interfere with any other party’s use of the Websites, (ii) use any robot, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites, (iii) use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent, (iv) use any device, software or routine that interferes with the proper working of the Websites, (v) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful, (vi) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server on which the Websites are stored, or any server, computer or database connected to the Websites, (vii) attack the Websites via a denial-of-service attack or a distributed denial-of-service attack, or (viii) otherwise attempt to interfere with the proper working of the Website
Accuracy, Completeness, and Currentness of Information Posted
The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents. We may update the content on the Websites from time to time, but the content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.
Linking to the Website
GSA is based in the state of New Hampshire in the United States. We provide the Websites primarily for use by persons located in the United States. We make no claims that the Websites or any of its content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Websites for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITES, OR ON ANY WEBSITE LINKED TO THE WEBSITES.
YOUR USE OF THE WEBSITES AND THE CONTENT THEREIN, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES AND THE CONTENT THEREIN AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GSA NOR ANY PERSON ASSOCIATED WITH GSA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER GSA NOR ANYONE ASSOCIATED WITH GSA REPRESENTS OR WARRANTS THAT THE WEBSITES OR THE CONTENT THEREIN, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
GSA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL GSA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Copyright Infringement Notice and Takedown Policy
Notification of Infringement
GSA responds to complaints submitted under the Digital Millennium Copyright Act (“DMCA”) by responding to formally submitted reports of alleged infringement. We may remove or disable access to allegedly infringing material residing within our Websites. Also in accordance with the DCMA, GSA accepts formal complaint counter-notices of an affected party appealing removal.
To submit a notice of claimed copyright infringement to GSA, send a written communication with the information outlined below to our Copyright Agent, as required by the DMCA:
- Identification of the copyrighted work claimed to have been infringed (e.g., a link to the original work or clear description of the materials allegedly being infringed upon)
- Identification of the specific material that is claimed as infringing and information sufficient to permit GSA to locate that material on or within our Websites (providing a URL is the best way to help us locate the content quickly);
- A statement that you believe, in good faith, that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or by law;
- If you are not the copyright owner, a description of your relationship to the copyright owner;
- Your contact information, including your name, address, telephone number, and email address;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and
- A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner.
Please note that under Section 512(f) of the DMCA you may be liable for damages and attorneys’ fees incurred by the alleged infringer or by GSA if you knowingly materially misrepresent that material or activity is infringing. If you are not sure whether material you are reporting infringes, you may first consider contacting an attorney.
GSA’s Response to Notifications
We will process complaints in the order they are received. Following receipt of a proper written notification, GSA will expeditiously remove or disable the allegedly infringing content. We will also notify the user who submitted or posted the allegedly infringing material, and provide them with a copy of the copyright infringement notification. We may suspend or terminate access to our Websites of a user who repeatedly or egregiously infringes the copyrights of others.
If a user of our Websites believes that their content was removed or disabled by mistake or misidentification, the user can send us a written counter notification. If must include the following:
- Your contact information, including name, address, email address, and telephone number;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled;
- A statement that the user consents to the jurisdiction of the U.S. Federal District Court for the judicial district in which the user will accept service of process from the person who originally provided GSA with the notification of infringement;
- A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or mis-identification of the material to be removed or disabled; and
- A physical or electronic signature signed by you.
Please note that under Section 512(f) of the DMCA, you may be subject to liability should you knowingly misrepresent that material or activity was removed or disabled by mistake or misidentification.
Upon receipt of a proper written counter notification, GSA will notify the submitter of the infringement notification and provide them with a copy of the counter notification, and will, on or after 10 business days following receipt of the counter notification, restore the removed material to the Websites unless our Copyright Agent first receives notice that a court action has been filed to restrain the user from engaging in infringement related to the allegedly infringing material.
Copyright Agent Information
Infringement notifications and counter notifications should both be submitted to our Copyright Agent using the contact information below. Please submit via writing or email but not both, as duplicate reports will delay processing:
Global Seafood Alliance
Attention: Copyright Agent
Subject Line: DMCA Notification / DMCA Counter
Notification Email: firstname.lastname@example.org
Global Seafood Alliance
85 New Hampshire Avenue, Suite 200
Portsmouth, NH 03801 USA
Digital Millennium Copyright Act (DCMA) in its entirety can be found at: http://www.copyright.gov/legislation/hr2281.pdf.
- Your Comments and Concerns. GSA welcomes your feedback, comments, requests for technical support and other communications relating to the Websites. Please contact us at email@example.com.