Terms and Conditions

THE CONCEPT

Ultra Training Inc. (“UT,” “we” or “us”) and its affiliates operate an online portal and app service for mobile devices (“Platform”) for the arrangement of the reservation of personal training, and products (“Products”) by nutrition companies and training equipment and other retailers (collectively, ”Stores”) that have been onboarded on the Platform to end-users (“Consumers”, “you” or “your”).

These Terms and Conditions (“Terms”) apply to use of the Platform and the UT app (”App”), which can be downloaded from App Store and Google Play (collectively, the “Services“).

YOUR ACCESS AND USE OF THE SERVICES IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE PLATFORM, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE PLATFORM.

THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.

 

1. Introduction

UTs mission is to give clients and trainers a platform where trainers can offer their services both online & in person.

These Terms apply to any type of training sessions or products that are carried out via our Platform. Our Platform is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Services requires the prior written consent of UT.

UT’s cookie and privacy policy, as available at all times on the Platform, shall form an integrated part of these Terms and shall be automatically accepted upon acceptance of these terms. Uts cookie and privacy policy are incorporated herein by reference.

Any correspondence with UT may be submitted to UT via the contact page on the Website.

 

2. UT Concept

The services & products are made available for reservation/booking on the Platform, and Consumers may reserve these by placing a booking on the Platform/App.

The sessions are booked by the Consumer immediately when pushing the Book button and the Trainers (T) will receive the booking confirmation.

Both parties have a right of cancellation as defined below.

UT is solely facilitating booking of Products from a Trainer (T) or Merchandiser (M), and there shall be no contractual relationship between UT and the Consumer with regard to the services or products offered on the Platform/App. All actions are concluded between the T or M and the Consumer.

UT has no responsibilities in respect to the sessions or Products.

UT is solely collecting the Purchase Price (as defined below) for the sessions or Products on behalf of the T or M and is thus merely acting as a fulfillment and payment agent on behalf of the T or M.

 

3. Acceptance

When placing a booking on the Platform, the Consumer represents and warrants that the Consumer is:

●      Legally capable of entering into binding agreements,

●      A consumer shopping for personal purposes,

●      At least 18 years old and in the possession of a valid debit card, credit card or other payment means available for payment on the Platform,

●      If Consumer is under 18 years of age, Consumer is using the Services under the supervision of an adult who is at least 18 years of age. In such cases, the adult user is deemed the user of the Services. If you are under age 13, you may not, under any circumstances or for any reason, use the Services.

By accepting these Terms, the Consumer agrees to receive all relevant information in English. Furthermore, the Consumer agrees that all agreements between the Consumer and UT, and any related information necessary for conducting the Services, are stored by UT in accordance with

UT’s privacy policy.

Furthermore, by accepting these Terms, the Consumer agrees to receive emails and text messages related to any booking order placed by the Consumer.

This is required by UT in order to ensure that the Consumer receives all essential notifications related to the booking order.

UT reserves the right to revise and amend the Terms from time to time. Consumer booking Orders will be subject to the Terms applicable at the time when the Consumer placed the booking Order.

It is not possible to cancel a booking later than 48 hours from the completion of the booking.

We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria for the Services at any time. We reserve the right to terminate accounts for Consumers who have been previously suspended or removed from the Services. You are solely responsible for ensuring that these Terms are following all laws, rules and regulations applicable to you, and the right to access the Services is revoked where these Terms or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.

 

4. Registration

  1. In order to make a booking Order (defined below) through the Platform with one of the T or M, you must register for an account on the Platform (an “Account”), either by (i) providing your email address and a password; (ii) using mobile verification; or (iii), or other supported authentication mechanism (a “Third Party Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account and for keeping your Account password secure. You may never use another person’s Account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You must never publish, distribute or post login information for your Account. Please see our Privacy Policy for more information on how we use and protect your personal information.

At our Pilot launch we are manually verifying ALL Trainers.

  1. All Trainers must accept all mentioned under the Privacy Policy, Terms and Conditions, and confirm by accepting this that they have all necessary certification[s], experience and competence within their field of expertise and the services they offer on the UT platform. They hereby also confirm that they have all necessary liability insurance and/or coverage needed, and take all responsibilities for that which is instructed, shown, and/or explained to the customers through the UT platform.

 

5.UT’s Contact Information and Consumer Service

Ultra Training, Inc.
8 The Green, STE R

City of Dover, County of Kent

Zip Code 19901

Our Consumer Service may be contacted through our contact page in the App or the web site.

 

6. Product and Product Information

UT is exclusively facilitating booking between the Consumer and the Ts and products to the Consumer from Ms, and has no responsibilities in respect of the sessions or Products or fulfillment of any contract between the T and the Consumer.

UT does not, in any way, manufacture, sell, purchase, store, prepare, produce, process, mark, pack, deliver or handle the Products. UT has no responsibility for the fulfillment of any booking Order regarding the sessions, and the compliance with applicable laws and regulations, including with respect to the above, unless UT is explicitly designated as the manufacturer or seller/M of the Product on the Platform.

The Consumer can find information about the Products and a description of the Products on the Platform. This information is only instructive and for the purpose of giving the Consumer the best prerequisites for evaluating selected Products before making a booking Order. There may be instances where the Platform is not updated or where the actual product range, stocked items etc. is not as stated on the Platform. In such cases, UT has no liability. The Ms are responsible for providing information about the Products and ensuring that the information is factually accurate and up-to-date. UT does not have any responsibility for the information provided by the Ts or Ms and, hence, has no liability for the contents of or availability of information regarding the Products on the Platform.

The Ms contact information will appear on the Platform. UT is not responsible for any ingredient, allergy, caloric or other nutritional information provided by the Ms or otherwise found on the Platform. It is the responsibility of the Consumer and the Ms to confirm whether any allergens are present in the Products.

Upon delivery (as defined below), the Ms shall provide the Consumer with information regarding list of ingredients, allergens and other labeling-related information regarding the Product.

UT is not liable or responsible for any failure to perform or any delay in the performance of any obligations relating to the Products, including with respect to manufacturing, sale, purchase, storage, preparation, production, processing, marking, delivery, quality, ingredients, allergens or handling of the Products.

 

7. Reservation of Products

A list of active Ms can be found on the Platform in time. If the Consumer has allowed the Platform to use location services, the Platform will track the Consumer’s location and the list will show stores and Trainers near the Consumer.

The list is solely established in consideration of geographical criteria. The Consumer has the possibility to filter the results in consideration of the availability of Ts.

The referenced Ms and Ts are the ones who are active on the Platform.

 

8. Booking Confirmation

Upon receiving the booking Order, Ts or Ms will immediately get the booking information/Order.

By booking a T the Consumer will be able to see this under “My workouts’ and the Ts under “My Sessions”. The booking Confirmation should be saved by the Consumer. The booking Confirmation will contain information regarding the booking placed by the Consumer.

 

9. Right of Cancellation

Any cancellation of bookings must be made 48 hours before the session starts. Products may be canceled, but this is purely the Ms responsibility to apply.

The decision to use the right of cancellation must be communicated by the Consumer to UT via the complaint link in the Platform. If the Consumer cancels the booking Order outside of the parameters set out above, the Consumer will not be entitled to a refund.

 

10. Price

All prices are indicated in U.S. Dollars if not otherwise stated, and are exclusive of any applicable sales tax. The prices are set by the Ts and Ms and are entirely their responsibility.

 

11. Payment and Taxes

The Consumer can pay with/through Stripe or debit and credit cards as well as other payment methods made available on the Platform. The Ts must provide UT with their bank account details to collect their money, and Ts bear sole responsibility for taxes, deductions, and benefits, and UT assumes no responsibility for oversight after payment has been made.

If using a credit or debit card, the Consumer must enter his or her card number, the expiration date and the security code when placing a Reservation Order.

Upon placing a booking Order, the price stipulated by the T or M for the sessions or Products (“Purchase Price”) is authorized or reserved at the Consumer’s account (depending on the chosen payment method) (“Account”). The Purchase Price is charged at the Consumer’s account upon booking of the sessions or Product. If the booking Order is canceled in accordance with these Terms, the Purchase Price is canceled or refunded to the Consumer.

The Purchase Price is collected by UT from the Consumer on behalf of the Ts or Ms. UT may amend, modify or restructure the payment procedure for its Consumers, as it deems reasonable.

Trainers bear sole responsibility for taxes, deductions, and benefits, and UT assumes no responsibility for oversight after payment has been made.

The Platform uses PCI compliant Payment Service Providers. Payment by debit or credit card on the Platform is safe and certified by the card issuer. All payments are made through an encrypted internet connection.

UT does not store any debit or credit card information. Such information is handled by the Payment Service Providers (Stripe and/or PayPal). However, such information may be stored by the Payment Service Providers.

If the Consumer’s credit card or payment method is rejected when trying to pay for a booking Order, the Consumer should verify that the entered information is correct.

If the Consumer has corrected the error and the credit card is still rejected, UT recommends that the Consumer contact his or her bank. If the Ts have not received their money, please contact us by email.

Due to standard banking procedures, once the Consumer has submitted a booking Order by use of a credit or debit card and the payment has been authorized, the bank or card issuer will reserve the full amount of the booking Order. If the Reservation Order is subsequently rejected by the Store or canceled for any other reason in accordance with these Terms, the bank or card issuer will not transfer the funds for the order to UT and will instead refund the Consumer by releasing the relevant amount back into the Consumer’s available balance. However, this may take up to 10 working days (or longer, depending on the Consumer’s bank or card issuer), and UT does not have the authority to make inquiries to a Consumer’s bank or card issuer on specific payment issues. The Consumer must do so.

By accepting these Terms, the Consumer accepts the method of payment set out above and acknowledges and agrees that UT is not responsible or liable to the Consumer in relation to the above.

 

12. Right of Complaint

In case of a complaint concerning a session or Product, the Consumer shall address the complaints to Consumer Service of UT before taking any other action. UT will then communicate with the Ts or Ms and try to solve the complaint.

In the event that the intervention of UT is not to the satisfaction of the Consumer, these Terms do not limit the means available to the Consumer to resolve the dispute it has with the Ts or Ms under applicable law.

All complaints are handled exclusively by UT and the Consumer shall direct complaints to UT and not the Store unless the situation says otherwise.

In case of a complaint, the Consumer shall contact UT via the complaint link on the Platform and provide the requested information, including information about the session (booking order nr) or Product at issue and why the Consumer is unsatisfied. After receiving the complaint, UT will process the complaint, in cooperation with the T or M if relevant, and the Consumer will receive a reply from UT within 10 business days.

 

13. Consumer Behavior/Rules of Conduct

The Consumer is informed that in case of inappropriate behavior towards a T, if the Consumer commits a crime against a T in connection with the Services, or violates the code of conduct rules of the T or any other similar behavior, UT may, in particular after complaints made by a T, ban, exclude or suspend the Consumer from the Platform and the Services. The intervention of UT does not deprive a Store of the means and rights at its disposal to obtain possible reparations.

Rules of Conduct for using the Services:

●      As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Services.

●      You shall not resell or attempt to resell any information from the sessions.

●      You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service that: (i) you know is false, misleading, untruthful or inaccurate; (ii) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; (iii) impersonates any person or entity, including any of our employees or representatives; or (iv) includes anyone’s identification documents or sensitive financial information.

●      You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Platform; or (vi) harvest or scrape any content from the Platform.

●      You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Platform; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

●      You shall abide by all applicable local, state, national and international laws and regulations in connection with the Services and your use of the Platform.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public.

 

Behavioral Conduct

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by UT. By way of example, and not as a limitation, you agree not to use the Services:

– To abuse, harass, threaten, impersonate or intimidate any person;
– To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
– To communicate with UT representatives or other in an abusive or offensive manner;
– For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;

– To post or transmit, or cause to be posted or transmitted, any Communication designed or intended to obtain password, account, or private information from any UT user;
– To create multiple accounts for the purpose of voting for or against users’ Visual Content.

14. Indemnification/Limitation of Liability

You agree to indemnify, defend and hold harmless UT and its parents, subsidiaries and affiliates, along with their respective employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives (UTs”) from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to (i) your use of the Services, (ii) any breach by you of any of these Terms, and (iii) any violation of applicable law.

UT shall not be liable for losses arising out of or in connection with (i) matters for which a T bears the responsibility, (ii) faults of third parties or through non attributable interruption of availability of the Platform; (iii) orders by Consumers made using fraudulently obtained payment data or other contractual data (e.g., the “phishing” of credit card data, identity theft etc.); (iv) content of sites to which the Platform links, including the accuracy of the linked sites and the data protection at such site; and (v) similar events as set out under (i) – (iv).

UT is not liable or responsible for any failure or non-compliance with respect to its Services, if such failure is caused by circumstances outside UTs control. Such circumstances may be but are not limited to disruptions in the operation of UT and/or the Ts as a result of legislation, acts of state or public authorities, acts of war, terrorism, strikes, physical blockades, lockouts and natural disasters.

UT shall only be liable for direct losses and shall in no event be liable for indirect or consequential losses. This also applies in respect to product liability.

 

16. Intellectual Property

UT is the owner of or otherwise licensed to use all parts of the Platform, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Platform belong to third parties who have authorized UT to display the materials, such as certain third party licensors. By using the Platform, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Platform. All rights not granted under these Terms are reserved by UT.

The Consumer may use the Platform and print and download extracts from the Platform for his or her personal non-commercial use on the following basis:

●      The Consumer must not misuse the Platform (including hacking or “scraping”).

●      Unless otherwise stated, the copyright and other intellectual property rights in the Platform and in material published on it (including without limitation photographs and graphical images) are owned by UT or UT’s licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the Platform other than in accordance with this clause 17 is prohibited.

●      The Consumer may not modify the digital or paper copies of any materials that he or she prints in accordance with this clause 17 and the Consumer may not use any pictures, photographs or any other graphics, video, or audio sequences separately from any accompanying text.

●      The Consumer shall ensure that UT’s status as the author of the material on the Platform is always acknowledged and referenced.

●      The Consumer is not allowed to use any of the materials on the Platform or the Platform itself for commercial purposes without obtaining a license from UT to do so.

Except as stated in this clause 17, the Platform may not be used, and no part of the Platform may be reproduced or stored in any other Platform or included in any public or private electronic retrieval system or service, without UT’s prior written permission.

We do not accept any unsolicited ideas to our Platform from outside UT, including, without limitation, suggestions about advertising or promotions, merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to the Platform or otherwise to UT, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for UT to utilize your submission, you hereby grant UT an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.

 

16. Third Parties

When you use the Services, UT’s role is to provide the Platform to help connect users with Ts.

Please note that UT does not provide, endorse, or guarantee any third party product, service or information. UT is not affiliated with the vendors featured on the Platform (including, without limitation, the Ts/Ms) and is not responsible for their products and services.

The Platform may contain links to other websites not maintained by us. Other websites and apps may also reference or link to our Platform. We encourage you to be aware when you leave our Platform and to read the terms and conditions and privacy statements of each website and apps that you visit. We are not responsible for the practices or the content of such other websites and apps.

 

17. No Warranties

WHILE UT USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE PLATFORM, EXCEPT FOR THE EXPRESS WARRANTIES STATED ON OUR PLATFORM, UT MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE PLATFORM. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE PLATFORM, IS PROVIDED “AS IS” AND UT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE PLATFORM. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UT DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PLATFORM OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, UT SHALL NOT BE LIABLE FOR THE USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

IN NO EVENT WILL UT BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL UT BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID TO UT FOR PRODUCTS AND SERVICES IN THE TWELVE MONTHS PROCEEDING THE CLAIM OR ONE HUNDRED UNITED STATES DOLLARS.

 

18. Changes

All information posted on the Platform is subject to change without notice. In addition, these Terms may be changed at any time without prior notice. We will make such changes by posting them on the Platform. You should check the Platform for such changes frequently. Your continued access of the Platform after such changes conclusively demonstrates your acceptance of those changes.

 

 

19. Severability

If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

 

21. Waiver; Remedies

The failure of UT to partially or fully exercise any rights or the waiver of UT of any breach of these Terms by you shall not prevent a subsequent exercise of such right by UT or be deemed a waiver by UT of any subsequent breach by you of the same or any other term of these Terms.

The rights and remedies of UT under these Terms and any other applicable agreement between you and UT shall be cumulative, and the exercise of any such right or remedy shall not limit UT ‘s right to exercise any other right or remedy.

 

21. Governing Law and Arbitration

The laws of the State of Delaware shall govern these Terms. While we will make reasonable efforts to resolve any disagreements you may have with UT, if these efforts fail you agree that all claims, disputes or controversies against UT arising out of these Terms, or the purchase of any products or services/sessions (“Claims”) are subject to fixed and binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, crossclaims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing an arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing an arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and UT agree in writing, and the arbitrator shall apply Delaware law consistent with the Federal Arbitration Act. You shall not be entitled to join or consolidate Claims in arbitration by or against other users or to arbitrate any Claim as a representative or member of a class or in a private attorney general capacity.

You may obtain copies of the current rules, and forms and instructions for initiating an arbitration by contacting the American Arbitration Association by using the contact information noted below.

American Arbitration Association 800-778-7879 (toll-free)

Website: www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms, in which case these Terms will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your Consumer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator’s award is final and binding on the parties unless we or you appeal it in writing to the arbitration firm within fifteen (15) days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the American Arbitration Association. An award by a panel is final and binding on the parties after fifteen (15) days has passed. Any Claim you have must be commenced within one (1) year after the date the Claim arises. As noted above, you and UT hereby voluntarily and knowingly waive any right either may have to a jury trial.

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is transferred, removed, or appealed to a different court, we may then choose to arbitrate.

In the event this arbitration clause is not enforceable by the specified arbitration organization, the parties will mutually agree upon another arbitration organization that will enforce this clause.

 

22. Class Action and Jury Waiver

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND UT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.

 

23. Questions

Should you have any questions regarding these Terms you may contact us via email.