MineralAnswers.com Terms and Conditions
Last Updated: January 28, 2020
Terms of Service
Please read these Terms of Service (the "Agreement") carefully before using the website, Platform, and Services operated by Mineral Answers, Inc. ("MineralAnswers.com"). This Agreement is a contract between users of the Platform and Services, including visitors to the Website and customers of MineralAnswers.com (individually and collectively, "User(s)"), and MineralAnswers.com.
By visiting the MineralAnswers.com website and using the Platform and Services, Users are agreeing to the Agreement, including any updates to the Agreement periodically made by MineralAnswers.com. This notification can be via email or in app notifications of changes.
PLEASE REVIEW THE AGREEMENT CAREFULLY, INCLUDING, WITHOUT LIMITATION: (A) BINDING ARBITRATION, INCLUDING THE CLASS ACTION WAIVER (SEE SECTION 10.j), (B) LIMITATION OF LIABILITY, AND (C) INDEMNIFICATION.
The parties agree as follows:
- "Affiliate" means a person or entity that owns, is owned by, or is under common control with a Party, and "control" in this definition means that a person or entity owns more than 50% of the equity interest of any entity and/or has the ability to control the management of such entity.
- "Account" means a unique account created for Users to access the Services.
- “Content” means any text, documents, data, applications, images, and other files created by MineralAnswers.com and provided through the Services.
- “User Information” means all information and data submitted to MineralAnswers.com by or on behalf of Users in connection with (i) the creation and management of a User’s account for the Services, and (ii) use of the Services or Platform.
- “Platform” means the MineralAnswers.com proprietary platform (including the Website) directed to royalty and mineral owners.
- “Services” means access to the Platform and other services provided by or on behalf of MineralAnswers.com.
- “Service Start Date” means the date on which Users is granted access to the Services purchased pursuant to registration for services.
- "System Availability" means the percentage of minutes in a month that the key components of the Services are operational.
- “Website” means the MineralAnswers.com website and associated domains available at https://www.mineralanswers.com, including any successor websites and domains.
- MineralAnswers.com Services
- Services. During the Term (as defined herein), subject to the terms and conditions of this Agreement for such Services, and solely for Users’ internal business and non-commercial purposes, MineralAnswers.com shall make the Services available to Users, in accordance with MineralAnswers.com policies and the subscription plan, if any, selected during the registration process.
- Updates and Functionality. Users acknowledge that, from time to time, MineralAnswers.com may apply updates to the Services and that such updates may result in changes in the appearance and/or functionality of Website and Platform (including the addition, modification, or removal of functionality, features or content). Excluding the addition of wholly new products, MineralAnswers.com will provide, implement, configure, install, support, and maintain at its own cost any and all updates, upgrades, enhancements, improvements, releases, corrections, bug fixes, patches, and modifications to the Services (collectively, the “Updates”).
- Acceptable Use Policy.
- Users shall: (a) be responsible for compliance with this Agreement; (b) use commercially reasonable efforts to prevent unauthorized access to or use of the Platform or Services, including keeping passwords and user names confidential and not permitting any third party to access or use their user names, passwords, or account; (c) be solely responsible and liable for all activity conducted through their account in connection with the Services; (d) promptly notify MineralAnswers.com if they become aware of or reasonably suspects any security breach; and (e) use, or otherwise access, the Services only in accordance with applicable laws and government regulations.
- Users must not: (a) make the Platform or Services available to any third party; (b) sell, trade, publish, reproduce, or otherwise transfer the Content, Platform or Services to another party; (c) use the Platform or Services to store or transmit any content that may be infringing, defamatory, threatening, harmful, or otherwise tortious or unlawful, including any content that may violate intellectual property, privacy, rights of publicity, or other laws, or send spam or other unsolicited messages in violation of applicable law; (d) upload to, or transmit from, the Platform or Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component; (e) attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Platform or Services (including any mechanism used to restrict or control the functionality of the Platform or Services), any third-party use of the Platform or Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law); (f) attempt to gain unauthorized access to the Platform or Services or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Platform or Services; (g) access the Platform or Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Platform or Services; or (h) authorize, permit, or encourage any third party to do any of the above.
- Users agree that MineralAnswers.com may suspend, for any time period within MineralAnswers.com'ss sole and absolute discretion, or terminate access to the Platform or Services for a violation of this Section 2 or for any abusive practices that degrade the performance of any Service for other Users.
- Non-Exclusivity. Users acknowledge that the rights granted to it under this Agreement are non-exclusive and that nothing in this Agreement will be interpreted or construed to prohibit or in any way restrict MineralAnswers.com's right to license, sell, or otherwise make available the Platform or Services to any third party or perform any services for any third party.
- Intellectual Property
- Platform and Services. As between Users and MineralAnswers.com, MineralAnswers.com retains all rights, title, and interest in and to the Platform and Services. Nothing herein shall be construed to restrict, impair, encumber, alter, deprive, or adversely affect the Services or any of MineralAnswers.com's rights or interests therein or any other MineralAnswers.com intellectual property, brands, information, content, processes, methodologies, products, goods, services, materials, or rights, tangible or intangible. All rights, title, and interest in and to the Platform and Services not expressly granted in this Agreement are reserved by MineralAnswers.com.
- Feedback. Users may from time to time provide suggestions, comments, or other feedback to MineralAnswers.com with respect to the Platform and Services (“Feedback”). Feedback, even if designated as confidential by Users and, notwithstanding Article 5 of this Agreement, shall not create any confidentiality obligation for MineralAnswers.com. Users shall, and hereby do, grant to MineralAnswers.com a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose.
- Subscription, Payment, and Free Trial Period
- Subscription Terms. MineralAnswers.com may offer a range of subscription plans for the “Pro” Services on the Platform. As an express condition of each User’s use of and access to the MineralAnswers.com Services and Platform, each User agrees to pay all fees applicable, if any, to the subscription plan for which such User registered (the “Plan”).
- Fees. Users will pay all fees as and when described in the registration process on the MineralAnswers.com website (the “Fees”). The Fees for a User’s Plan are billed in advance, is non-refundable, and automatically renews on a monthly or annual basis, as specified in the applicable Plan. No refunds or credits will be provided for partial months of Plans.
- Plan Cancellation. Users who cancel a Plan before the end of a current pre-paid period will not be charged again for the Plan beginning with the next billing cycle. If a User cancels a Plan, such User will lose all access, upon expiration of the current pre-paid period, to the Services and Platform and any data associated with such User’s account.
- Free Trial Period.
- During the registration process, MineralAnswers.com may offer a one-time free trial period during which a User can try out the paid Services and Platform for 3 days from the date of registration without pre-paying in advance (“Free Trial Period”). Valid credit card payment information is required to create an Account and access the Platform and Services for the Free Trial Period.
- Users who participate in a Free Trial Period must cancel their subscription by the end of the Free Trial Period to avoid incurring charges. If a User does not cancel before the Free Trial Period expires, such User authorizes MineralAnswers.com to charge the User’s credit card on file for the full cost of the plan, if any, described during the registration process. The subscription will automatically renew and continue month-to-month or year-to-year (depending on the plan selected during the registration process), unless and until such User cancels their subscription or MineralAnswers.com terminates this Agreement. Users will not receive a notice from MineralAnswers.com that the Free Trial Period is about to end or has ended.
- Users may cancel their subscription at any time during the Free Trial Period by following the steps described in the registration process. Upon cancellation of a User’s account, such User will immediately lose all access to the MineralAnswers.com Services and Platform.
- Taxes and Withholdings. Users are responsible for paying all taxes, assessments, charges, fees, and levies that may be levied or based upon their subscription to the Services, and any interest, fines, and penalties with respect thereto, imposed by any governmental authority. If MineralAnswers.com has the legal obligation to pay or collect Taxes for which a User is responsible, the appropriate amount shall be invoiced to and paid by such User, unless such User provides MineralAnswers.com with a valid tax exemption certificate authorized by the appropriate taxing authority.
- Term and Termination
- Term of Subscription Plan. The term of each Plan shall start on the Service Start Date specified in the registration process and shall continue for the term specified therein. Except as expressly stated otherwise, Plans shall automatically renew for subsequent one-month or one-year renewal periods, unless a Party gives the other Party written notice of non-renewal at least 30 days prior to the end of the then-current term. Upon renewal, MineralAnswers.com reserves the right to increase the Fees for Services by providing Users written notice thereof (which notice may be provided by email) at least 30 days prior to the end of the then-current term.
- Termination for Cause. (i) MineralAnswers.com may immediately terminate this Agreement for cause upon a User’s breach of this Agreement; (ii) Users may terminate this Agreement for cause upon 30 days' written notice to MineralAnswers.com of a material breach if such breach remains uncured at the expiration of such period; or (iii) Either party may terminate this Agreement for cause immediately if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors. In the event that MineralAnswers.com terminates this Agreement for cause, no refund shall be issued.
- Termination for Convenience. MineralAnswers.com may terminate this Agreement for convenience upon 60 days’ written notice to the Users. In the event of MineralAnswers.com's termination for convenience, MineralAnswers.com will issue the Users a pro-rata refund of Fees paid for Services not rendered.
- Effects of Termination. Upon termination of this Agreement or cancellation of a Plan for any reason, (i) all rights granted to the applicable Users under this Agreement will immediately terminate and such Users must immediately cease all use of the Services; (ii) the applicable Users will have no further access to their MineralAnswers.com account; (iii) Users will pay MineralAnswers.com all unpaid Fees owing to MineralAnswers.com; and (iv) MineralAnswers.com may, in its sole discretion, remove and discard the applicable User Information. In no event will termination relieve Users of their obligation to pay any amounts and Fees payable to MineralAnswers.com for the period prior to the date of termination and other obligations that survive termination of this Agreement.
- Survival. Any provision of this Agreement that, either by its terms or to give effect to its meaning, must survive, and such other provisions that expressly or by their nature are intended to survive termination shall survive the expiration or termination of this Agreement. Without limiting the foregoing, Sections 3, 4.a, 4.b, 5-10, shall survive the expiration or termination of this Agreement.
- Warranty and Disclaimers
- Mutual Warranties. MineralAnswers.com and each User represents and warrants that it has the power and authority to enter into this Agreement and to perform its obligations and duties under this Agreement and that doing so is not in conflict with any other agreement.
- Legal Disclaimer. Nothing on the MineralAnswers.com website, Platform, or Services, nor any portion thereof constitutes actual legal, regulatory, or other professional advice, opinion, or recommendation by MineralAnswers.com, its Affiliates of any Content provider. If legal or other professional assistance is required, Users should seek the services of an attorney or other competent professional. Users assume all responsibilities and obligations with respect to any decision, advice, conclusions, legal opinions, recommendations made or given as a result of the use of the Platform and Services, including, without limitation, any decision made or action taken by User in reliance upon Content, or incorporating or referencing the Content. The Services and Platform do not provide legal advice and MineralAnswers.com is not a law firm. All Content available on the Platform is for informational purposes only. By providing information to MineralAnswers.com via the MineralAnswers.com website or Platform or otherwise communicating information to MineralAnswers.com, Users acknowledge that they are not establishing an attorney-client relationship and the information provided to MineralAnswers.com will not be afforded legal protection as an attorney-client communication.
- General Disclaimer.
- SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO CERTAIN USERS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, MINERAL ANSWERS EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MINERAL ANSWERS SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND NON-INFRINGEMENT, THAT THE SERVICES WILL MEET EACH USER’S REQUIREMENTS, OR THAT THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE. IN ADDITION, MINERAL ANSWERS DOES NOT WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MINERAL ANSWERS OR ELSEWHERE NOR ANY COURSE OF DEALING WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
- MINERAL ANSWERS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT ON THE WEBSITE OR PLATFORM IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE MINERAL ANSWERS MAKES REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION, USERS SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE CONTENT CONTAINS ALL RELEVANT INFORMATION. WE UNDERTAKE NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
- MINERAL ANSWERS DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING USER INFORMATION, AND ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. MINERAL ANSWERS DOES NOT CONTROL OR VET USER INFORMATION AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE SERVICES. MINERAL ANSWERS EXPRESSLY DENIES ANY RESPONSIBILITY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR THE INFORMATION CONTAINED THEREIN AS WELL AS ACCOUNT AND USER INFORMATION.
- Indemnification. Each User agrees to defend, indemnify, and hold harmless MineralAnswers.com, its Affiliates, directors, officers, employees, and agents from and against all claims, losses, damages, penalties, liability, and costs, including reasonable attorneys’ fees, of any kind or nature that are in connection or arising out of a third party claim (i) alleging that such User’s use of the Platform or Services infringes or violates the intellectual property rights, privacy rights, or other rights of a third party or violates any applicable law; (ii) relating to, or arising from, User Information; or (iii) relating to User’s violation of this Agreement.
- Limitation of Liability.
- IN NO EVENT SHALL MINERAL ANSWERS' AGGREGATE LIABILITY TO EACH USER FOR ALL CLAIMS OF ANY KIND, INCLUDING ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BY STATUTE, CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF FIFTY DOLLARS ($50) OR THE FEES PAID BY SUCH USER FOR THE SERVICES SUBJECT TO THE CLAIM DURING THE ONE (1) YEAR PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE, AS PRO-RATED BASED UPON THE FEES FOR THE THEN CURRENT TERM.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MINERAL ANSWERS, ITS DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL USE, OR DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES OR ANY OTHER ASPECT OF THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL MINERAL ANSWERS BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR A USER’S ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
- THE PARTIES ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT THEIR POTENTIAL LIABILITY GIVEN THE FEES CHARGED UNDER THIS AGREEMENT, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF MINERAL ANSWERS WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF MINERAL ANSWERS FOR (I) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE MINERAL ANSWERS, ITS EMPLOYEES, OR ITS AGENTS; (II) WILLFUL MISCONDUCT, FRAUD, OR GROSS NEGLIGENCE OF MINERAL ANSWERS OR ITS EMPLOYEES; OR (III) ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
- Procedure for Making Claims of Copyright Infringement. Users who believe that their work has been made available through the Platform in a way that constitutes copyright infringement should provide MineralAnswers.com's Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that is claimed to be infringing and where that material may be accessed within the Platform; (d) the User’s address, telephone number and email address; (e) a statement by the User that it has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from the User that the information in the notification is accurate and, under penalty of perjury, that the User is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. MineralAnswers.com's Agent for Notice of Copyright Claims can be reached as follows:
- California Users & Residents. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
- Assignment. Users may not assign or otherwise transfer any of their rights or obligations hereunder (including via merger, sale of assets, change of control, operation of law or otherwise), without the prior written consent of MineralAnswers.com (not to be unreasonably withheld), and any attempted assignment without such consent will be void.
- Relationship of the Parties. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.
- Force Majeure. Except for payment obligations, neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control, including the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes; lock-outs or labor disruptions; and any laws, orders, rules, regulations, acts or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.
- Counterparts and Interpretation. This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one single agreement between the parties. Headings are for convenience only and are not to be considered in construing or interpreting this Agreement. This Agreement shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or interference against the party drafting this Agreement in construing or interpreting the provisions hereof.
- Amendment. Users may not amend, supplement, or restate this Agreement except in a writing executed by the applicable User and an authorized representative of MineralAnswers.com.
- Severability. Each provision of this Agreement is severable. If any provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, the illegality, invalidity, or unenforceability of that provision will not affect the legality, validity, or enforceability of the remaining provisions of this Agreement or of that provision in any other jurisdiction.
- Notices. For purposes of service messages and notices about the Platform or Services, MineralAnswers.com may place a banner notice across the Services or website to alert Users. Alternatively, notice may consist of an email from MineralAnswers.com to an email address associated with a User’s account. For communication about a User’s account and services associated with MineralAnswers.com, MineralAnswers.com may contact such User through their account or through other means including email, mobile number, telephone, or delivery services such as the postal service. Each User acknowledges and agrees that MineralAnswers.com shall have no liability associated with or arising from such User’s failure to maintain accurate contact or other information, including, but not limited to, such User’s failure to receive critical information about the Services. Notices to MineralAnswers.com must be delivered by email to email@example.com with a duplicate copy sent via registered mail to the following address: MineralAnswers.com, Inc., 761 Trinity Hills Drive #8202, Austin, TX 78737; Attention: Legal. This contact information provided may be updated by giving notice in accordance with this Section.
- Waivers. No waiver of any provision of this Agreement is binding unless it is in writing and signed by all parties to this Agreement, except that any provision that does not give rights or benefits to particular parties may be waived in writing, signed only by those parties who have rights under, or hold the benefit of, the provision being waived if those parties promptly send a copy of the executed waiver to all other parties. No failure to exercise, and no delay in exercising, any right or remedy under this Agreement will be deemed to be a waiver of that right or remedy. No waiver of any breach of any provision of this Agreement will be deemed to be a waiver of any subsequent breach of that provision or of any similar provision.
- Governing Law. This Agreement and each of the documents contemplated by or delivered under or in connection with this Agreement are governed exclusively by, and will be enforced, construed, and interpreted exclusively in accordance with, the laws applicable in the State of Texas.
- Binding Arbitration.
- ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT OR EACH USER’S ACCESS TO OR USE OF THE SERVICES OR PLATFORM, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THIS AGREEMENT (EACH, A “CLAIM”) SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THIS AGREEMENT AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
- The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. The arbitrator will, among other things, have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any Claims. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Austin, Texas or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator on all matters relating to the Claim shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
- MINERAL ANSWERS AND USERS EACH AGREE THAT ALL CLAIMS SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS AND EXPRESSLY WAIVE ANY RIGHT TO HAVE A CLAIM DETERMINED OR RESOLVED ON A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE BASIS. IF FOR ANY REASON THE PROVISIONS OF THE PRECEDING SENTENCE ARE HELD TO BE INVALID OR UNENFORCEABLE IN A CASE IN WHICH CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE CLAIMS HAVE BEEN ASSERTED, THE PROVISIONS OF THIS SECTION REQUIRING BINDING ARBITRATION SHALL LIKEWISE BE UNENFORCEABLE AND NULL AND VOID. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, MINERAL ANSWERS AND USERS EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN AUSTIN, TEXAS. MINERAL ANSWERS AND USERS EACH HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
- Notwithstanding anything to the contrary, MineralAnswers.com may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect its intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section.
- If MineralAnswers.com implements any material change to this Section, such change shall not apply to any Claim for which you provided written notice to MineralAnswers.com before the implementation of the change.
Agent for Notice of Copyright Claims
761 Trinity Hills Dr
Austin, TX. 78737