PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR RITE-HITE DIGITAL PLATFORM, SERVICES AND SOFTWARE ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE PLATFORM IN ANY MANNER. SECTION 4 BELOW HAS A MANDATORY ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS. BY AGREEING TO THIS AGREEMENT, YOU AGREE TO THOSE PROVISIONS.
1. License to Use Platform.
Rite-Hite grants you a limited non-exclusive right to use the Platform in connection with your organization's use of the Rite-Hite Digital Platform products and services pursuant to its Agreement. Your use of the Platform is contingent on your organization having a valid Agreement and you being an authorized user under that Agreement.
2. Your Account.
By creating an account, you will provide us with identifying information (e.g. your email address, mobile phone number, and/or user name), and create a password. You agree that you will not misuse or abuse account access and passwords. You agree to provide true, accurate, current, and correct information about yourself, and to maintain and update that registration information to keep it true, accurate, current, and complete. You also agree that your account will be used only by you for your organization's business purposes and that you will take all reasonable precautions to protect your account against unauthorized use. If you believe that an unauthorized third party might or has accessed your account, notify your organization immediately to cancel the account in question.
3. Account Termination.
We exercise the right to terminate or suspend access to the Platform, your account, the services, and software without notice, for any conduct that we believe in our sole discretion is disruptive or is in violation of the Agreement, any applicable law or terms contained herein, or for any other reason. Your access to your account will also terminate if you are no longer an authorized user under your organization's Agreement or if your organization's Agreement is terminated.
4. Mandatory Arbitration and Class Action Waiver.
You and Rite-Hite will attempt to settle all claims, allegations, controversies, and disputes related in any way to these Platform Terms (“Disputes”) through good faith discussions between the parties. Except as set forth below, the parties agree that any Dispute that cannot be resolved between the parties shall be resolved through binding arbitration under this Section (the “Arbitration Agreement”). Either party may refer the Dispute to binding arbitration. This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) and evidences a transaction involving commerce. Any such arbitration will be conducted in accordance with the rules of the American Arbitration Association (the “AAA Rules”) and will be conducted in Milwaukee, Wisconsin (U.S.A.). The arbitration will be presided over by a single arbitrator, neutral as to each party, and possessing substantial experience in the software industry. Each party will bear its own expenses and will share equally in fees of the arbitrator. The parties will provide each other with all requested documents and records related to the dispute in a manner that will minimize the expense and inconvenience of both parties. Discovery will not include depositions or interrogatories, except as the arbitrator may expressly allow upon a showing of need. The parties and the arbitrator will be guided in resolving discovery disputes by the Federal Rules of Civil Procedure. If disputes arise concerning discovery requests, the arbitrator will have sole and complete discretion to resolve such disputes. The parties agree that time of the essence principles will guide the hearing and that the arbitrator will have the right and authority to issue monetary sanctions in the event of unreasonable delay. The arbitrator will deliver a written opinion setting forth findings of fact and the rationale for the award within 30 days following conclusion of the hearing. The award of the arbitrator, which may include legal and equitable relief, but which may not include punitive damages, will be final and binding upon the parties, and judgment may be entered upon it in accordance with applicable law in any court of competent jurisdiction. Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees, or expenses incurred in enforcing the award may be charged against the party that resists its enforcement. These Platform Terms will control if there is a conflict between the terms of this Agreement and the AAA Rules.
The parties agree to bring any claim or dispute in arbitration on an individual basis only, and not as a class or collective action, and there will be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything herein and/or the applicable AAA Rules, the interpretation, applicability or enforceability of the Class Action Waiver and/or the arbitrability of a claim or dispute may only be determined by an arbitrator.
Notwithstanding the foregoing, you agree that the following matters shall not, at the election of Rite-Hite, be subject to binding arbitration: (1) any dispute concerning Rite-Hite's intellectual property; (2) any dispute related to or arising from allegations of criminal activity; or (3) any claim for injunctive relief.