Effective date: July 20, 2022
Welcome to the Feedback Emporium; we’re excited to provide reports and insight to help you better understand your tools and feel more empowered to make purchasing decisions.
When you use Feedback Emporium, you enter into a legal agreement, which is what you see below. While we’ve tried to make this Agreement as straightforward as possible, it still contains a fair bit of legalese out of necessity. To help you navigate this legalese, we’ve included a few extra notes alongside the terms of the Agreement, which we’ve highlighted and labeled as “Summaries.” These Summaries are not a part of the Agreement itself; they are only included to help you understand it. We’ve also bolded a few areas that talk about necessary legal rights, including the following:
These Terms of Service include an agreement to resolve disputes through binding arbitration that provides a class action waiver, important disclaimers, warranties, and limitations on liability.
We’re always happy to hear from you if you have any questions or suggestions. Contact us by U.S. mail at ARaS, LLC, 263 W. Olive Ave. Ste. 157, Burbank, CA, Attention: Legal Department. Now for the legal stuff:
Our Terms of Service
By accessing and using our Services (defined below), you agree to these Terms of Service, our Privacy Policy, and any applicable Additional Terms (defined below) (collectively referred to as the “Agreement”). It is important to read our entire Agreement carefully, as some of the provisions affect your legal rights.
- Our Services
When we refer to our “Services,” we mean all products and services owned and operated by American Results and Supplies, LLC or any of its subsidiary companies (collectively, “Feedback Emporium,” “we,” or “us”), including the content, features, tools, data, software, and functions made available by Feedback Emporium through www.feedbackemporium.com, As of the effective date of these terms, our Services include the following key features:
Insights and Education
We love crunching numbers, and we use our analysis and experience to provide you with all sorts of content and context about the ins and outs of your search—from educational articles to insights about your required needs.
Community Advice and Reviews
We invite you to share your knowledge and learn from the wisdom of others in the Feedback Emporium community.
Summary
We reserve the right in our sole and absolute discretion to make changes to how we operate and provide our Services, including adding new services, modifying existing services, or suspending, discontinuing, or terminating your access to any or all portions of our Services. Some of our Services may be subject to additional terms and conditions (“Additional Terms”), which are posted separately from these terms but are incorporated and form a part of the Agreement if you decide to use or access those features. The Additional Terms will control if there is a conflict between applicable Additional Terms and these terms.
Summary
Feedback Emporium’s tools and services are constantly changing, so you might see features come and go as we continue to improve our experience and services for members. We will sometimes need you to agree to special terms for specific products or features.
- Your Feedback Emporium Account
2.1 General Requirements
You will need to register for a Feedback Emporium member account to access many aspects of our Services, like reports, for products and services from our contributors. Registering for a member account is required; if you do not register for an account, you will not be able to access most, if not all, of our Services.
By registering for a Feedback Emporium member account, you certify that:
- You are 18 years of age or older
- Any information you provide to us, both when you register and in the future, is and will be true, accurate, current, and complete.
- You are only registering an account for yourself
- You will keep all information up to date
- You will create a unique password to create and access your Feedback Emporium account that is unique to Feedback Emporium and not re-used across other unaffiliated services.
You must not sell, transfer, or assign your account to anyone else. You must keep your password confidential, not share it, and you may not allow anyone else to log into our Services as you. You are responsible for all activities that occur under your member account. If you believe your account is no longer secure, notify us immediately.
Summary
Our most helpful features require you to register as a Feedback Emporium member (it helps us personalize your experience). If you register, you’re pinky swearing that you’re an adult; you are who you say you are, and you won’t let anyone else use your account.
2.2 Specific Registration Consents
When you register as a member, you authorize us to create and maintain an account in your name using your account registration information and other information that may be collected about you under our Privacy Statement as part of providing our Services.
Summary
- Limitations and Restrictions on Use of Our Services
3.1 Analysis and Estimates
As described in our Privacy Policy, we may use your assessment and other information we obtain to analyze, sort, and present certain information or features to you and other members.
Any analysis and reports we provide as part of our Services are for illustrative and informational purposes only. Our research and estimates are based on certain assumptions and use only our data. Our analysis and evaluation are neither endorsed nor commissioned by any of our partners. The methodology we use to determine which offers, reports, or other information is presented or highlighted is proprietary, and we may elect to consider, ignore, emphasize, or de-emphasize certain factors at our sole and absolute discretion.
Summary
Regarding your inquiries, we want to be like a river guide who helps you navigate the decision waters. We’ll show you stuff you may find helpful, but it’s up to you to decide what’s in your best interest.
3.2 Third-Party Offers
Concerning offers from our sponsors, we do not guarantee that you will be presented with offers for any particular type of product or services or that you will meet the approval criteria for any specific request. It is always your choice whether to apply for a product or service offered by our sponsors, and we will never apply for a product or service to a sponsor on your behalf without your consent.
3.3 Educational Purposes
All information on our Services is presented for educational purposes only. We do not guarantee that the information we present as part of our Services is the same information that may be used or reviewed by a third party to assess your need or acceptability for any particular product, service, or business.
Summary
The reports may be different than the ones you see somewhere else. Hundreds of scoring models are out there, and they all weigh things differently. Most evaluations are generally based on similar factors, so tracking one or two should give you a good overview of your best decision.
3.4 Not a Legal or Professional Advisor
Feedback Emporium is not a counselor or legal advisor defined under federal or state law. Use of our Services is not a replacement for personal, professional advice or assistance regarding your business needs.
Summary
We aim to be as helpful as possible but are not your legal advisor. If you need professional assistance with your decisions, please contact a professional who can help with your specific situation.
3.5 Territorial Restrictions
We control and operate our Services from the United States, and we make no representations or warranties that the information, products, or services provided through our Services, or our content (defined below), are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Services in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Services or the provision of any of our content to any person, geographic area, or jurisdiction at any time and at our sole and absolute discretion.
Summary
We’re based in the U.S., and our services are mainly meant for a U.S. audience.
3.6 Compliance with Law
You must comply with all applicable laws when using our Services. You are not permitted to use our Services to obtain reports or other consumer information under false pretenses or in violation of appropriate state or federal law.
Summary
You agree you won’t use our services to do anything illegal.
3.7 Links to or Connections with Third-Party Sites or Applications
Our Services or communications to you may contain third-party content or links to third-party sites, applications, or services (collectively, “Third Party Content”). Our Services may also include features that allow you to connect with accounts or services provided by third parties, such as accounts maintained with other institutions or social media platforms like Facebook (collectively, “Third Party Services”). We do not control, keep, or endorse the Third Party Content or Third Party Services, and we are not responsible or liable for any Third Party Content or Third Party Services, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party Content or Third Party Services. Your interactions and business dealings with the providers of the Third Party Content or Third Party Services, including products or services offered by such third parties, are solely between you and the third party. You should review all relevant terms and conditions associated with Third Party Content or Third Party Services, including any privacy policies and terms of service. We are not responsible for any information you agree to share with third parties in connection with Third Party Content or Third Party Services.
Summary
We might show you stuff from other companies or connect you with them, but we’re not legally responsible for anything they do. You should review their terms and policies separately.
- Ownership and Infringement
4.1 Our Content
All content and materials, including but not limited to images, text, visual interfaces, information, data, and computer code, provided by us through our Services (our “Content”) and all related intellectual property rights are the property of FeedbackEmporium.com and/or its third-party licensors. Our content is protected by U.S. and international intellectual property laws and treaties. You are permitted to use our content only on our Services. You may not copy, modify, sell, reproduce, distribute, republish, post, create derivative or collective works from, or transmit in any form (including in-line linking or mirroring) our content, in whole or in part, without our express prior written consent. You may not reverse engineer or compile any of our Services or the technology used to operate our Services. Nothing in the Agreement of our Services grants you, by implication, estoppel or otherwise, any license or right to use our content except as expressly stated in the Agreement.
Summary
We’ve created a lot of cool stuff for you to use, read, and look at. Please don’t reuse it without our written permission.
4.2 Our Partners’ Intellectual Property
Our Services may also display specific intellectual property owned by our sponsors and partners, such as company, product, and service name and logos (our “Partners’ Intellectual Property”). Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to copy, modify, sell, reproduce, distribute, republish, display, post, create derivative works from, or transmit in any form (including in-line linking or mirroring) any of our Sponsors and Partners’ Intellectual Property.
Summary
You also can’t reuse our partners’ stuff.
4.3 Infringement of Rights
You may not use our Services in any manner that infringes the rights of any third party. If you believe, in good faith, that any of our Content or Community Content infringes your copyrights, you may send a notice of infringement (“Notice”) under the federal Digital Millennium Copyright Act (“DMCA”) by email or regular mail to:
Attention: Copyright Agent, Legal Department
ARaS, LLC
263 W. Olive Avenue, Ste. 157
Burbank, CA 91502
[email protected]
Feedback Emporium reserves the right to block or otherwise prohibit in our sole discretion any individual who repeatedly posts materials that are alleged to infringe the intellectual property rights of others.
Summary
If you think something on our platform belongs to you, let us know (we’ve outlined the steps above). And if you’re posting other people’s stuff, we can block your access. So don’t do it!
- Contributing to Our Community
5.1 Our Community Rules
We encourage you to use our Services to interact with our sponsors. We may provide you and others with the opportunity on our Services (through forums, blogs, message boards, review pages, and similar features) to submit, post, and publish specific content and materials, including messages, reviews, photos, videos, images, data, and text. You must abide by our rules when publishing, uploading, or submitting your content.
Summary
We provide some pretty excellent features to help you share content and materials with other users, but we have some rules to keep it polite and helpful for everyone. No trolls!
5.2 License to Your Content
By submitting, posting, or publishing your content on or through our Services, you grant to Feedback Emporium a non-exclusive, unrestricted, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to publish, host, store, transfer, distribute, modify, create derivative and collective works from, reproduce, display, perform, transmit, process, or otherwise use, in any manner and for any purpose, and in all forms or distribution methods now known or later developed, your Community Content, in whole or in part, to provide, optimize, improve, and promote or market our Services, and to create new products and services. This license includes the right to use your name, persona, username, and likeness without compensating you. This license also has the right to publish your content in a searchable format that other users of our services may access. You also grant other users of our Services a non-exclusive license to access and use your content in connection with our Services.
Summary
You’re permitting us to use the stuff you post on our platform, like reviews and community advice. Thanks!
5.3. Responsibility for Content
You are solely responsible for the content you submit, post, or publish via our Services. By submitting, posting, or publishing content, you represent and warrant that (a) you are the creator and owner of the content or have the necessary licenses, rights, consents, and permissions to authorize other users and us to use your content, and (b) your content complies with our Rules.
We do not endorse, represent, or guarantee any content's completeness, accuracy, reliability, or usefulness. You may see content that may be inaccurate, offensive, indecent, or objectionable. Feedback Emporium may, but is not obligated to, review, monitor, edit, control, distribute, refuse to distribute, block access, re-format, alter, delete, or remove content for any reason, including to satisfy applicable law, enforce the Agreement (including our rules, or protect the rights, property or safety of Feedback Emporium users, or any third party, in each case without notice and in our sole and absolute discretion. We disclaim all liability for the content, and you, with this, waive any legal or equitable right or remedy you have against us with respect to the content. For additional details on our use of the content, please review our Privacy Policy.
Summary
We don’t take responsibility for the content that you or other contributors provide (we think it’ll be great, but we can’t know for sure).
5.4 License to Use Your Feedback
In addition to sharing your content with www.feedbackEmporium.org, we also encourage you to tell us how we can improve your experience. We may provide you with opportunities to send us comments, suggestions, and other feedback regarding problems with, or proposed modifications or improvements to, our Services (“Feedback”) through email, social media, feedback forms, surveys, our Help Center, or other channels. By submitting, posting, or otherwise providing us your Feedback, you hereby grant us a non-exclusive, unrestricted, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to use your Feedback in any manner and for any purpose to provide, optimize, improve, promote or market our Services, and to create new products and services. This license includes the right to use your name, persona, user name, and likeness for primary purposes without compensating you, all under our Privacy Policy
Summary
We want to create an excellent experience for you, so please let us know what you think we could do better. We need your permission to use your feedback when you give it to us!
- Monitoring of Our Services and Disclosure for Administrative and Legal Reasons
Feedback Emporium has the right, but not the obligation, to monitor our services electronically. We may access, use, preserve, transfer or disclose, at any time and without notice to you, any information (including Personal Information as defined in our Privacy Statement) as reasonably necessary to (1) comply with any applicable law, regulation, subpoena, or legal process, or respond to any governmental request or cooperate with law enforcement if we believe such action is required or permitted by law; (2) enforce this Agreement, including to investigate potential violations; (3) protect the safety, integrity, rights, or security of our members, our services or equipment, or any third party; or (4) detect, prevent, or otherwise address fraud, security, or technical issues related to our services or the services of our sponsors.
Summary
We’re not Big Brother, but we need to be able to keep an eye on things to protect ourselves, our members, and the public.
- Disclaimers
WE PROVIDE OUR SERVICES, OUR CONTENT, AND ALL CONTENT AND MATERIALS AVAILABLE THROUGH OUR SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. FEEDBACK EMPORIUM, ON BEHALF OF ITSELF, ITS AFFILIATES, SPONSORS, AND ITS LICENSORS, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO OUR SERVICES, OUR CONTENT, OR CONTENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SERVICES, OUR CONTENT, OR OTHERWISE AVAILABLE THROUGH OUR SERVICES WILL CREATE ANY WARRANTY REGARDING FEEDBACK EMPORIUM OR ANY OF OUR SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU USE OUR SERVICES AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN OUR CONTENT OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO OUR SERVICES, YOUR DEALINGS WITH ANY OTHER MEMBER OR THIRD PARTY, AND YOUR USE OF OUR CONTENT OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES) OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES OR THE USE OF ANY OF OUR CONTENT OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES.
YOU ACKNOWLEDGE THAT WWW.FEEDBACKEMPORIUM IS SOLELY AN INTERMEDIARY (I) BETWEEN YOU AND ANY AGENCY OR OTHER INFORMATION PROVIDERS SUPPLYING YOUR REPORTS AND OTHER INFORMATION AND (II) BETWEEN YOU AND OUR PARTNERS WHOSE OFFERS WE PRESENT. FEEDBACK EMPORIUM EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN OUR CONTENT OR OUR SERVICES, INCLUDING THE INACCURACY OR INCOMPLETENESS OF ANY SUCH REPORTS, OFFERS, OR OTHER INFORMATION, TOOLS, OR ANALYSES AVAILABLE THROUGH OUR SERVICES OR OUR CONTENT.
NOTWITHSTANDING THE PRECEDING, NOTHING IN THIS SECTION SHALL AFFECT WARRANTIES THAT ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
Summary
This is very important (like bold and ALL-CAPS important) so please read this whole section carefully for specifics. It explains that we don’t make any warranties about our services or content (including any tips you might pick up).
- Limitation of Liability
FEEDBACK EMPORIUM AND ITS REPRESENTATIVES, AGENTS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, EMPLOYEES, PARENT ENTITIES, SUBSIDIARIES, AFFILIATED ENTITIES, REPRESENTATIVES, AGENTS, AND LICENSORS (COLLECTIVELY, THE “FEEDBACK EMPORIUM PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO OUR SERVICES, OUR CONTENT.
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10 (DISPUTE RESOLUTION AND ARBITRATION) OR REQUIRED BY APPLICABLE LAW (E.G., ANY NON-WAIVABLE RIGHTS OR REMEDIES), IN NO EVENT WILL THE TOTAL LIABILITY OF THE FEEDBACK EMPORIUM PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF, OUR SERVICES, OR OTHERWISE ARISING OUT OF OR RELATING TO THE AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED IN THE AGGREGATE ONE HUNDRED UNITED STATES DOLLARS ($100.00).
IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, THE FEEDBACK EMPORIUM PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Summary
Sorry for the bold and all-caps again. It’s essential to highlight how our liability is limited when it comes to issues you may encounter with our services. Please read this whole section carefully.
- Indemnification
You will defend (if requested by any Feedback Emporium Party), indemnify, and hold harmless the Feedback Emporium Parties from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys’ fees and costs, incurred by the Feedback Emporium Parties in connection with any claim by a third party arising out of or in any way related to: (1) your use of our services, our content; (2) your violation or alleged violation of the Agreement or your violation or alleged violation of any applicable law; (3) your infringement or alleged infringement of any intellectual property or other rights of any other person or entity; or (4) any dispute between you and a third party, including any provider of Third Party Content. You must not settle any such claim or matter without the prior written consent of Feedback Emporium. The Feedback Emporium Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in defense of any such claims.
Summary
If someone sues us for something you did, you’re responsible for it, so read the above carefully.
- Dispute Resolution and Arbitration
Summary
A third-party arbitrator will help us resolve any disputes we might have. This means that any dispute will be resolved outside of class-action litigation. Hopefully, disputes will never be an issue, but you should read this section carefully for details on how it works.
10.1 Generally
In the interest of resolving disputes between you and Feedback Emporium most practically and cost-effectively, you and Feedback Emporium agree that any and all disputes arising in connection with the Agreement will be resolved by binding arbitration. You and we further agree that the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this arbitration provision; the arbitrator shall apply California law to all other matters. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, which may allow for more limited discovery than in court and can be subject to minimal judicial review. Arbitrators can award the same damages and relief that a court can award. All issues are for the arbitrator to decide, including all claims arising out of or relating to any aspect of the Agreement, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of whether a claim arises during or after the termination of the Agreement. The arbitrator also has exclusive authority to resolve any dispute relating to this binding arbitration agreement's interpretation, applicability, or enforceability.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THE AGREEMENT AND AGREEING TO ARBITRATION, YOU AND FEEDBACK EMPORIUM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
10.2 Exceptions
Despite the provisions of Section 10.1, you and we both agree that nothing in the Agreement will be deemed to waive, preclude or otherwise limit the right of either of us to (a) bring an individual action in small claims court within its jurisdictional limits under Consumer Arbitration Rule 9(b), even after filing an arbitration; (b) file a complaint with the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of a pending arbitration; or (d) to file a suit in a court of law solely for injunctive relief to stop unauthorized use or abuse of our Services or address an intellectual property infringement claim.
10.3 Arbitrator
Any arbitration between you and Feedback Emporium will be conducted under the Consumer Arbitration Rules (“AAA Rules“) of the American Arbitration Association (“AAA“), as modified by the Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org by calling the AAA at 1-800-778-7879.
10.4 Notice and Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other by certified mail (“Notice“). Feedback Emporium address for Notice is ARaS, 263 W. Olive Avenue, Ste. 157, Burbank, CA 91502, Attention: Legal Department. The notice must: (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought (“Demand“). You and Feedback Emporium agree to use reasonable faith efforts to resolve the claim directly. Still, if you and Feedback Emporium do not reach an agreement to do so within 30 days after the notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Feedback Emporium must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award if any. The arbitration proceedings, including any exchanged materials, shall be confidential, and you and Feedback Emporium agree to use reasonable efforts to streamline the proceedings, including discovery, consistent with the objectives of efficient dispute resolution.
10.5 Fees
Suppose you commence arbitration in accordance with the Agreement. In that case, Feedback Emporium will reimburse you for your payment of the filing fee unless your claim is for more than $10,000, in which case the amount of any fees will be decided by the AAA Rules. Any arbitration hearing will occur at a location to be agreed upon in Los Angeles, California. Still, if the claim is for $10,000 or less, or as otherwise required, you may choose whether the arbitration will be conducted: (a) solely based on documents submitted to the arbitrator; (b) through a non-appearance-based telephone hearing, or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your registered account address. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Suppose the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). In that case, the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Feedback Emporium for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Likewise, Feedback Emporium will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. Regardless of how the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
10.6 No Class Actions
YOU AND FEEDBACK EMPORIUM AGREE THAT EACH MUST BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and Feedback Emporium agree otherwise, the arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
10.7 Modifications
Suppose Feedback Emporium makes any future change to this arbitration provision (other than a change to Feedback Emporium’s address for notice). In that case, you may reject the change by sending us written notice within 30 days of the transition to Feedback Emporium’s address for notice, in which case your account with Feedback Emporium will be immediately terminated. Still, this arbitration provision, as in effect immediately before the amendments you reject, will survive.
10.8 Enforceability
Suppose any provision of this Section 10 is unlawful, void, or unenforceable for any reason. In that case, that provision will be given effect to the greatest extent possible, and the remaining provisions will remain in full force and effect.
- Deactivation and Termination
11.1 Termination of Agreement; Surviving Terms.
The Agreement is effective until your member account, if applicable, is deactivated by either you or Feedback Emporium and you discontinue all use of our Services. Notwithstanding the preceding, any section of the Agreement intended to survive termination of the Agreement or your use or access to our Services or our Content will survive such termination.
Summary
The Agreement lasts until your account is deactivated and you completely stop using our services (but there are a few parts that have to live on forever).
11.2 Deactivating Your Member Account
If you decide you want to deactivate your account, you can do so by visiting our contact us page.
- Miscellaneous
Summary
This entire section is where you’ll find a bunch of standard legalese. Each one is pretty quick so we won’t break them down any further.
12.1 Governing Law
The Agreement is governed by the laws of the State of California, excluding conflicts of law provisions.
12.2 Entire Agreement
The terms of the Agreement (including the Privacy Statement, the Community Rules, and any Additional Terms) constitute the entire and exclusive Agreement between Feedback Emporium and you in connection with your use of our Services or our Content.
12.3 Changes to the Agreement
We may modify the Agreement at any time. We will post modifications to these Terms of Service on this page. If a change materially modifies your rights or obligations, you may need to accept the modified terms to continue to use our Services. Material modifications will take effect when you accept the modified terms; immaterial changes will take effect when published. By continuing to use our Services following any change to these terms, our Privacy Statement, or any Additional Terms, you agree to the Agreement as modified.
12.4 Waiver Only in Writing
Feedback Emporium’s failure to enforce any of its rights or act with respect to a breach by you or others of the Agreement does not constitute a waiver of any rights. It will not limit Feedback Emporium’s rights concerning that breach or any subsequent breaches. No waiver by Feedback Emporium of any of the provisions in the Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of Feedback Emporium.
12.5 Assignment
Feedback Emporium may assign the Agreement to any party at any time without notice to you. You may not assign your rights under the Agreement, by operation of law or otherwise, without our consent.
12.6 Severability
Suppose any Agreement provision is unlawful, void, or unenforceable for any reason. In that case, that provision will be given effect to the greatest extent possible, and the remaining provisions will remain in full force and effect. Nothing in the Agreement shall affect any non-waivable statutory rights or remedies that apply to you.
12.7 Interpretation
The titles and annotations, including the “Summary” sections, contained in these terms are inserted only as a matter of convenience and have no legal or contractual effect. The Agreement will not be construed against Feedback Emporium because we drafted it.
Whew! You made it. Pat yourself on the back, and then go enjoy Feedback Emporium!
12.8 Global Trade Restrictions
You agree that you are not prohibited from receiving the Services under the laws of the United States, England, Wales, Canada, or other applicable jurisdictions. For example, you are not on the U.S. Treasury Department’s list of Specially Designated Nationals, Canada’s economic sanctions list, the United Kingdom HM Treasury Financial Sanctions List, or any other similar prohibition.