CONSUMER TERMS OF USE
INTRODUCTION
This Consumer Terms of Use is a binding agreement between you ("Consumer," "You," "you," "Your," or "your") and MeasureOne, Inc. (“Data Provider,” “MeasureOne,” "we," "us," “our” or other similar terms) to use the Services (as defined below) offered by the Company.
By clicking “I agree” (or a similar checkbox or button), or accessing or using our Services, website(s), program interface(s) or mobile application(s), as well as any content provided or accessible in connection with the website(s), program interface(s) or mobile application(s), including information, user interfaces, source code, reports, images, products, services, and data (each website, program interface and mobile application referred to herein as a "Website," and collectively, as "Websites"), You represent to Data Provider that you have read, understood, and expressly consent and agree to be bound by this Consumer Terms of Use, and the terms, conditions, and notices contained or referenced herein and any consents or other policies, including our Privacy Policy, that may be applicable to the use of our Services(collectively, the "Agreement") whether you are a "Visitor" (which means that you simply browse or access a Website), or a "Consumer" (which means that you are hereby authorizing Data Provider to access, use and share information and Consumer Data with Experian Background Data, Inc. (“EBD”) in the manner set forth herein and in accordance with any consent obtained in connection with that access and any other policies, including our Privacy Policy, that may be applicable to the use of our Services).
MeasureOne is a software service that will obtain, with your permission, your Consumer Data. We are not a consumer reporting agency, and you have no rights against MeasureOne, whether informational or otherwise, that you may have against a consumer reporting agency. We are obtaining your Consumer Data, if you consent, and providing it to EBD, with which we have an agreement. You are not a party to our agreement with EBD and you have no rights under that agreement, whether as a third party or otherwise. We do not control the use of that Consumer Data by EBD or any of its affiliates, nor do we have control over, or an ability to restrict with, whom EBD and its affiliates may share your Consumer Data. That control and ability to restrict EBD and its affiliates is subject to any agreement that you may have with EBD or its affiliates, and MeasureOne assumes no responsibility with respect thereto once the Consumer Data has been delivered to EBD with your permission under these terms. MeasureOne is also not responsible for the actions or inactions of any other Permissioned Party that you may authorize to obtain your Consumer Data through EBD or any of its affiliates.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE, ACCESS OR ORDER ANY SERVICE OR ACCESS OR USE THE WEBSITES.
1. SERVICES a) General. The services are designed to allow you, the Consumer, to give permission to a third-party, including the Data Provider (each, a “Permissioned Party”) to receive your personal employment, payroll and/or income data for the purpose of providing the products, services, or insights (e.g. applications, tenant/employment screening, lending, etc.) that you have requested from the Permissioned Party. Data Provider, subject to receiving your express consent to act as your agent, attorney-in-fact and authorized proxy in your name and on your behalf, using your log-in and access credentials, as if you were the person directly undertaking all actions authorized and permitted of Data Provider, will collect personal employment, payroll and/or income data from Institutions (on your behalf and in your stead and place) and provide it to Permissioned Party(ies) as hereby directed and authorized by you pursuant to the terms of this Agreement, including any related consents and other policies pursuant to which the data is obtained by the Data Provider (the “Services”) via EBD. MeasureOne assumes no responsibility for, and is not engaging, any other Permissioned Parties under this Agreement. Subject to your agreement with EBD or it affiliates, you may be subject to other Permissioned Parties obtaining or accessing your Consumer Data. MeasureOne expressly disclaims any responsibility for, or liability related to, the use of other Permissioned Parties as designated by you or EBD or any EBD affiliates. The Services include, but are not limited to, verification of income, verification of employment, and retrieval of employment, payroll and income records and other related data, regardless of the manner in which you receive or benefit from the Services, whether by email or mail, through a website or mobile application, by telephone, or through any other mechanism by which a Service is performed by us in accordance with this Agreement.
b) Connections. In connection with your use of the Services and as part of the functionality of the Services, you hereby voluntarily share your log-in and access information and credentials with Data Provider to provide Data Provider with direct and actual access to certain online services or information that are made available to you by your Payroll Institution and will be acting as your agent, attorney-in-fact and proxy for these purposes as if the Data Provider were you ("Institution(s)" include, without limitation, employers, payroll processors, and other employment and payroll provider(s)). However, you acknowledge and agree that Data Provider (a) cannot guarantee that you will be able to use the Services with your Payroll Institution(s), and (b) will have no liability whatsoever for any actions or inactions on the part of the Payroll Institution resulting in your inability to use the Services to access your accounts, obtain data, download transactions, or otherwise use or access the Institution(s). Furthermore, you hereby accept to hold harmless Data Provider, or any other Permissioned Parties, from any and all claims that may be raised in connection with the authorization and permission to access the Institution(s) for the purpose mentioned herein, including the use of your log-in and access credentials, and you hereby irrevocably waive any and all claims with respect to the foregoing authorized use of and access to your log-in credentials for the purposes referenced in this .
c) Collection of Consumer Data. You acknowledge that in accessing (or providing access to) your data and information through the Services, Data Provider will collect, use, and/or store, in conjunction with the Services, the following data, among other information that may be collected with your permission: (a) your Institution username(s), password(s), security question(s) and answer(s), login information, and any other security or access information (“Consumer Credentials”); and (b) the actual employment, income and payroll data and payroll history in your account(s) with such Institution(s), such as deductions, income data, bank and other deposit account information ("Data Consumer Credentials” and “Payroll Data” are referred to collectively herein as “Consumer Data”).
d) Consent. You hereby voluntarily grant to us and EBD and it affiliates an irrevocable, royalty-free license, and sublicense to the Consumer Data to , and further give consent and hereby authorize Data Provider to act as your agent, attorney-in-fact and authorized proxy in your name and on your behalf, using your log-in and access credentials, as if you were the person directly undertaking all actions authorized and permitted of Data Provider, to, among other things, (i) access, collect, aggregate and use your Consumer Data, (ii) instruct Institution(s) on your behalf to provide your Payroll Data to Data Provider in order to provide Services to you (either using your Consumer Credentials or through other means with your Institution); (iii) modify, display, distribute, reformat, manipulate, and create new material using the Consumer Data, and (iv) take such other actions as are reasonably necessary to perform the actions described in (i) through (iii) above. You further consent and do hereby authorize Data Provider to disclose and share your Consumer Data with EBD and its affiliates. If you have separately granted EBD or its affiliates the right to further resell or use any Consumer Data, that grant and authorization is made without MeasureOne’s knowledge or awareness and MeasureOne assumes no liability or responsibility for that further use of any Consumer Data that is made available to EBD or its affiliates hereunder or any other Permissioned Parties to which EBD may give access..
e) Consumer Obligations. You, the Consumer, agree to provide true, accurate, current and complete information about yourself and your accounts maintained with Institutions and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You are solely responsible for (a) maintaining the accuracy, confidentiality and security of your Consumer Credentials, and (b) preventing unauthorized access to or use of your Consumer Data. You will be responsible for all electronic communications, including account registration and other account holder information, email and other data ("Communications") entered using the Consumer Credentials. It is assumed that any Communications received through use of the Consumer Credentials were sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Consumer Credentials. We reserve the right to deny you access to the Services (or any part thereof) if we reasonably believe that any loss, theft or unauthorized use of Consumer Credentials has occurred. As discussed above, by agreeing to these terms you are granting us permission to use your Consumer Credentials to the extent we deem necessary to enable us to provide the Services to you, including updating and maintaining Consumer Data, addressing errors or service interruptions, and to enhance the types of data and services we may provide to you in the future.
f) Legal Ownership and Authority. You hereby represent that you are the legal owner of your Consumer Data, including the log-in credentials related thereto, and that you have the legal capacity and authority to appoint, and hereby expressly do appoint, us as your agent, attorney-in-fact and authorized proxy in your name and on your behalf, using your log-in and access credentials, as if you were the person directly undertaking all actions authorized and permitted of Data Provider, to access third-party sites and/or retrieve and use your Consumer Data through whatever lawful means with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person, including, without limitation, accepting any new and/or updated terms and conditions from your Institution on your behalf, in providing Services to you. You also expressly authorize Institution to share and disclose your Payroll Data to us on your behalf to facilitate your use of your Payroll Data for products and services agreed to by you and you represent that the access of that data is not being done or undertaken in violation of the terms of use or policies of any of those Institutions.
g) Information from Institutions’ Websites. You acknowledge and agree that (a) some Payroll Institutions may not allow the Services to access the Consumer Data, and (b) Payroll Institutions may make changes to their websites, with or without notice to us, that may prevent or delay data access or aggregation of information from such websites. You acknowledge that we do not, nor does EBD or any other Permissioned Party, review your Consumer Data for accuracy and You agree that we and EBD are not responsible for the completeness or accuracy of Consumer Data. Any transactions or informational activities performed at any Payroll Institution’s website(s) are not made through the Services and we assume no responsibility for such transactions or activities. You are solely responsible for any charges associated with your Payroll Institution(s).
h) Anonymous Data. Notwithstanding any provision of any applicable Privacy Policy to the contrary, compiled, anonymized data concerning your payroll transactions, or other available data that is collected through your use of the Services, may be used by EBD, its affiliates, third-party clients, service providers and/or resellers to conduct certain analytical research, performance tracking and benchmarking. Those same parties may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute, sell or license such compiled, anonymized data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support or any other purpose permitted by applicable law. To the extent such information is shared or disclosed, it will not contain any of your personally identifiable information. MeasureOne may also use compiled, anonymized data to conduct analytical research, performance tracking and benchmarking, to improve products and services and to assist in troubleshooting and for technical support or any other purpose permitted by applicable law.
i) Specific Written Consent to Use Shared Medical Information. You understand and agree that the Consumer Data that we obtain in connection with the Services may include "medical information" as defined by applicable law. You understand and agree that by accepting these Terms and Conditions you are acknowledging that such information is relevant for purposes agreed upon by you in any applicable consent and/or for any permissible purposes allowed by law and you are providing specific written consent to the use and sharing of such medical information by us, EBD, and our third-party clients, service providers and/or resellers for any legal purpose, including, without limitation, in the determination to extend credit, issue insurance and other decisions which include a review of your credit, employment and/or income status.
2. COMPLIANCE WITH THE GRAMM-LEACH-BLILEY ACT a) You acknowledge that, in connection with your request for a product or service, certain Permissioned Part(ies) will utilize “non-public personal information” about you that is governed by the Gramm-Leach-Bliley Act (“GLBA”).
b) You understand and agree that, to the extent that “non-public personal information” about you that is not regulated by the FCRA will be used by a Permissioned Party, you have provided your consent in accordance with the GLBA, for EBD, through Data Provider, to access, use and share your Consumer Data in accordance with the GLBA and the terms of this Agreement;
c) You acknowledge and agree that “non-public personal information” about you may be used by EBD and a Permissioned Party:
i. To protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability;
ii. To service or process a financial product or service that you have requested or authorized;
iii. To maintain or service your account; or
iv. Any other purpose permitted by the GLBA.
Data Provider is not subject to the GLBA. Data Provider is a software service that is making your Consumer Data available to EBD and its affiliates, which may be subject to the GLBA.
3. COMPLIANCE WITH FAIR CREDIT REPORTING ACT a) You acknowledge that EBD is obtaining your Consumer Data through Data Provider and other Permissioned Party(ies) and that EBD and its affiliates will utilize your Consumer Data in connection with making a decision as to whether to enter into the following types of transactions with you or on what terms the following types of transaction will be offered to you ("Permissible Purpose") and may be subject to the provisions of the Federal Fair Credit Reporting Act ("FCRA") and equivalent state laws:
i. Extending credit to an applicant.
ii. Issuing an insurance policy to an applicant.
iii. Employing a job applicant.
iv. Renting an apartment to a prospective tenant.
v. Selling a product to, provide a service to or otherwise enter into a transaction initiated by a prospective customer.
vi. Accepting a check or credit card as payment for a sale.
vii. Other activities set forth in Section 604 of the FCRA (15 U.S.C. §1681b) and in interpretations of Section 604 by the Federal Trade Commission and the Bureau of Consumer Financial Protection.
b) You understand and agree that, to the extent the Services will be used by EBD and its affiliates for a Permissible Purpose, you have provided "written instructions" in accordance with the FCRA, for EBD and its affiliates, through use of the Services, to access, use and share your Consumer Data and EBD may access, use and share your Consumer Data in accordance with the Permissible Purpose and the terms of any agreements between you and EBD and its affiliates. You acknowledge and agree that we are providing the service of data delivery to EBD only as requested and authorized by you, the owner of such information. You acknowledge that we are not resellers of data (except as described in Section 1(h) relating to anonymized data) but simply provide the service of transferring and aggregating data as requested by you from your Institutions(s) to EBD, a consumer reporting agency, to the Permissioned Party directed and authorized by you to receive the data. You also acknowledge that in providing our Services to you and delivering your Consumer Data to EBD to provide your Consumer Data, any Permissioned Party(ies) may use your Consumer Data for purposes agreed upon by you in any applicable consent and/or for any permissible purposes allowed by law.
c) You acknowledge that EBD may make certain consumer report information services from its consumer reporting database available to its customers who have a Permissible Purpose for receiving such information in accordance with the FCRA. Subject to the terms and conditions set forth herein, Data Provider uses commercially reasonable efforts to ensure the reliability of the information that appears in the Services. The FCRA allows you to obtain a copy of all of the information in your consumer credit file disclosure from any consumer credit reporting company for a reasonable charge. Data Provider is not a consumer credit reporting agency and you will not be entitled to request any information from the Data Provider; that right will only apply to EBD and other Permissioned Parties that operate as consumer reporting agencies, if any. The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer credit reporting company free of charge under the following circumstances:
i. You have been denied credit, insurance or employment in the past 60 days as a result of your report
ii. You certify in writing that you are unemployed and intend to apply for employment in the 60-day period
iii. Beginning on the day you make the certification You are a recipient of public welfare assistance
iv. You have reason to believe that your file at the agency contains inaccurate information due to fraud
d) The FCRA also permits consumers to dispute inaccurate information in their credit report without charge. Accurate information cannot be changed. You do not have to purchase your report or other information to dispute inaccurate or incomplete information in your EBD file or to receive a copy of your consumer disclosure. If you believe that any information sent or published by EBD on the Services is erroneous, please inform Experian Background Data, Inc., P.O. Box 1458, Allen, TX 7501, (833) 256-3148. None of the FCRA rights described in this Section 3 apply to the MeasureOne.
4. EXPORT RESTRICTIONS.
You acknowledge that the Services and any software underlying such Services are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or Services, directly or indirectly, to: (a) any countries that are subject to U.S. export restrictions; (b) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (c) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by U.S. law.
5. DISCLAIMER.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND ANY THIRD-PARTY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER WE, OUR THIRD-PARTY AFFILIATES AND ANY OF OUR LICENSORS MAKE ANY WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, AND DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SERVICES OR ANY THIRD-PARTY SERVICES; IN WHOLE OR IN PART, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. YOU UNDERSTAND AND EXPRESSLY AGREE THAT ANY USE OF THE SERVICES OR THIRD-PARTY SERVICES WILL BE AT YOUR SOLE RISK. WE AND OUR (a) LICENSORS AND (b) THIRD-PARTY AFFILIATES DO NOT WARRANT THE COMPREHENSIVENESS, COMPLETENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF THE SERVICES OR THIRD-PARTY SERVICES, IN WHOLE OR IN PART, OR THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, ACCURATE OR ERROR FREE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES OR THIRD-PARTY SERVICES.
6. INDEMNIFICATION.
You agree to protect, fully compensate and hold harmless Data Provider, EBD, its affiliates, service providers, and those you consent to using your Consumer Data through these Services from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees and expenses) caused by, arising from or related to your use of the Services, your violation of these terms or the terms agreed between you and your Payroll Institution(s), including the use of your log-in credentials and access to your Consumer Data through any Institutions, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
7. LIMITATION OF LIABILITY.
YOU AGREE THAT NEITHER DATA PROVIDER, EBD, NOR ANY OF THEIR RESPECTIVE AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES, OR DATA PROVIDER’S SERVICE PROVIDERS, AND THOSE YOU CONSENT TO USING YOUR LOG-IN CREDENTIALS AND CONSUMER DATA THROUGH THESE SERVICES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD-PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING DECISIONS MADE OR NOT MADE USING ANY OF THE CONSUMER DATA COLLECTED BY DATA PROVIDER AND PROVIDED TO EBD OR ANY OF ITS AFFILIATES OR ANY ALLEGATION THAT MEASUREONE HAS ACTED OR IS ACTING AS A CONSUMER REPORTING AGENCY OR IS SUBJECT THE GLBA OR FCRA. COMPLIANCE WITH THE GLBA AND FCRA IS THE SOLE RESPONSIBILITY OF EBD AND ITS AFFILIATES.
8. SEVERABILITY.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
9. DISPUTE RESOLUTION BY BINDING ARBITRATION
a) Data Provider, EBD and you agree to arbitrate all disputes and claims between us arising out of this Agreement directly related to the Services or Websites, except any disputes or claims which under governing law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us directly relating to the provision of any Service and/or your use of any Website subject to arbitration to the fullest extent permitted by law. However, for the avoidance of doubt, any dispute you may have with EBD arising out of the Fair Credit Reporting Act (FCRA) relating to the information contained in your consumer disclosure or report, including but not limited to claims for alleged inaccuracies, shall not be governed by this agreement to arbitrate. The agreement to arbitrate otherwise includes, but is not limited to: (i) claims arising out of or relating to any aspect of the relationship between us arising out of any Service or Website, whether based in contract, tort, statute (including, without limitation, the Credit Repair Organizations Act) fraud, misrepresentation or any other legal theory; (ii) Claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement. For purposes of this arbitration provision, references to “Data Provider,” “MeasureOne,” “EBD,” “you,” and “us” shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of Services and/or Websites or information under this or prior Agreements between us relating to Services and/or Websites. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and Data Provider are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement.
b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to MeasureOne should be addressed to: legal@measureone.com ("Notice Address"). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from MeasureOne ("Demand"). If MeasureOne and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or MeasureOne may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by MeasureOne or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or MeasureOne is entitled.
c) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties cannot agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the Federal Arbitration Act. In all events, the AAA Rules shall govern the parties’ dispute. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.
d) All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement’s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable. The arbitrator shall be bound by the terms of this
You may obtain more information about arbitration from www.adr.org.
Agreement. Unless MeasureOne and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Except as otherwise provided for herein, each party will pay their corresponding amount for AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your 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)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse MeasureOne for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
e) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the AAA Rules.
f) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
g) YOU AND DATA PROVIDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and MeasureOne agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subparagraph (f) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void.
h) Notwithstanding any provision in this Agreement to the contrary, we agree that if MeasureOne makes any change to this arbitration provision (other than a change to the Notice Address) during the term, or subsequent to your purchase of any Service, you may reject any such change and require MeasureOne to adhere to the language in this provision as written at the time of your enrollment or purchase if a dispute between us arises regarding such Service.
i) LIMITATION OF TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
10. THIRD PARTY BENEFICIARY.
You agree that EBD is a third party beneficiary to this Agreement.
11. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between you and MeasureOne with respect to the Services and Websites and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services and Websites.
12. WAIVER.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power
hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
13. TERRITORIAL RESTRICTIONS.
Unless otherwise specified, the Services made available through the Websites are intended for use by U.S. consumers only within the United States. We make no representations or warranties that the information, products or services provided through the Services or the Websites are appropriate for access or use in other jurisdictions. Recognizing the global nature of the Internet, however, you agree to comply with all local laws including, without limitation, laws about the Internet, data, email, export, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the U.S. and the country in which you reside. Notwithstanding the above, we reserve the right to limit the availability of the Services or the provision of any Services to any person, geographic area, or jurisdiction, at any time and in our sole discretion.