These Terms of Service ("Agreement") are made between Ronan Solutions, L.L.C., an Arizona Limited Liability Company ("Ronan,” “us,” “our” ) and you, or, if you represent an entity or other organization, the entity or organization that you represent (in either case, “you” or “your”) and provides the terms and conditions under which you may access and use the website located at www.ronansolutions.com and other online products and services provided through the website (collectively, the “Services”). We supply different terms for the other services provided by Ronan (e.g., custom analysis services), and those different or additional terms will govern those other services.
Please carefully read this Agreement. By accessing or using the Services, you acknowledge that you have read, understand, and agree to be bound by this Agreement.
If you do not agree to this Agreement, do NOT access or use the Services.
THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION AND ARBITRATION PROVISION IN SECTION 15, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND APPLIES WITH RESPECT TO DISPUTES YOU MAY HAVE WITH RONAN.
Enforcement of this Section 7 is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED THROUGH THE SERVICES (INCLUDING THE RONAN DATA) IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT REPRESENT OR WARRANT THAT THE RONAN DATA AND SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR FREE.
IN NO EVENT WILL THE CUMULATIVE, AGGREGATE LIABILITY OF RONAN IN CONNECTION WITH THE SERVICES EXCEED FIVE HUNDRED DOLLARS ($500).
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OF RONAN. IN ADDITION, YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS OR COUNTRIES. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE
No Representative Actions. You and Ronan agree that any dispute arising out of or related to this Agreement or the Services is personal to you and Ronan and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for small claims disputes in which you or Ronan seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Ronan seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Ronan waive your rights to a jury trial and to have any dispute arising out of or related to this Agreement or the Services resolved in court. Instead, for any dispute or claim that you have against Ronan or relating in any way to the Services (including the data collected through the Services), you agree to first contact Ronan and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to Ronan by email at email@example.com or by certified mail addressed to Ronan Solutions, L.L.C., Attn: Legal Department, 3104 E. Camelback Rd, #562, Phoenix, AZ 85016. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Ronan cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Maricopa County, Arizona or may be conducted telephonically or via video conference for disputes alleging damages less than $1,000, in accordance with the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and Ronan agree that this Agreement affects interstate commerce and that the enforceability of this Section 15 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, this Agreement and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator, Ronan, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and Ronan agree that for any arbitration you initiate, you will pay the filing fee and Ronan will pay the remaining JAMS fees and costs. For any arbitration initiated by Ronan, Ronan will pay all JAMS fees and costs. You and Ronan agree that the state or federal courts of the State of Arizona and the United States sitting in Maricopa County, Arizona have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to this Agreement or the Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Ronanwill not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 15 by emailing the opt-out notice to firstname.lastname@example.org or mailing an opt-out notice to Ronan Solutions, L.L.C., 3104 E. Camelback Rd, #562, Phoenix, AZ 85016. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 15.
If any portion of this Section 15 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from this Agreement; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 15 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 15; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 15 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 15 will be enforceable