Terms and Conditions
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WEBSITE TERMS AND CONDITIONS
Last Modified: 3/2/22
Acceptance of the Terms and Conditions
This Website is offered and available to persons who are either (i) eighteen (18) years of age or older, reside in the United States or (ii) a company registered with us or a prospective company that is interested in using our Website. By using this Website, you represent that you are an agent and have authority to bind the company you are registering, are not prohibited from accessing or using this Website or any of this Website’s contents, goods or services by applicable law or by Enspire, and meet all of the foregoing eligibility requirements. If you do not meet the foregoing eligibility requirements, you must not access or use the Website.
THIS AGREEMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
This Website is owned and operated by Enspire. Any feedback, comments, or requests for technical support should be directed to email@example.com.
Enspire reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement, at any time. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website; and
Each User who wishes to make use of certain features offered through www.enspirejobshadowing.com, as described herein, must register with the Website by creating an account (each a “Registrant,” collectively the “Registrants”) (Registrants, along with the Users, “you” or “your”). By checking the box to accept these Terms upon creating an account each Registrant acknowledges that such Registrant is at least eighteen (18) years of age and has read, agrees with and accepts to be bound by the terms and conditions set forth in this Agreement. Failure to check the “Accept” box will prevent an individual from becoming a Registrant.
Registrants agree to provide us with accurate, complete and current information during registration, and to update information provided to us if and when such information should change.
Registrants will create a user name and password (“Registrant Profile”). Registrants agree not to allow any third party to use their Registrant Profile to access the Website and to safeguard the information that would allow another person or entity to access the Website by using their Registrant Profile to keep all such information confidential. Registrants agree to be fully responsible for their failure to safeguard such information and/or to allow any other person or entity to access or use the Website by using their Registrant Profile. No part of a Registrant Profile may be transferred or sold to another party. Registrants agree to notify Enspire immediately of any unauthorized use of their Registrant Profile or the Website. Registrants and Users agree that Enspire shall not be liable for any loss that results from the unauthorized use of a Registrant’s Registrant Profile, either with or without such Registrant’s knowledge.
The Website is a venue and Enspire is not a party to any Host and Participant agreements or other transaction between Users of the Website, other than the General Waiver (https://www.enspirejobshadowing.com/waiver-form) and General NDA forms (https://www.enspirejobshadowing.com/confidentiality-agreement).
All Users are responsible for their use of this Website and any transaction entered into as a result of posting or participating in a job shadowing experience. We do not own or manage any companies or their properties listed on the Website in which these job shadowing experiences are conducted. The Website provides an on-line marketplace to allow companies that advertise on the Website (each, a “Host”) to connect with students and those interested in Host companies (each, a “Participant” and, collectively with a Host, the “Users”) and provide job shadowing opportunities. In the future, we may offer other tools or services to allow Users to communicate with each other and enter into agreements or other transactions.
We are not a party to any Event or other agreement between Users. This is true even if the Website allows you to participate in a job shadowing experience or provides other ancillary products or services, as the Website may facilitate signing up for a job shadowing experience or other tools, services or products. As a result, any part of an actual or potential transaction between a Participant and a Host, including the quality, condition, safety or legality of the job shadowing experience as advertised, the truth or accuracy of the job shadowing experience, the ability of a Participant to join an job shadowing experience are solely the responsibility of each User. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions before signing up for a job shadowing experience.
Hosts agree that they are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to their job shadowing experience listed on the Website, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination laws, as applicable. Even though we are not a party to any transaction and assume no liability for legal or regulatory compliance pertaining to job shadowing experiences listed on the Website, we may be legally obligated (as we may determine in our sole discretion) to provide information relating to your job shadowing experience in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.
User verification on the internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each User’s purported identity. We encourage you to communicate directly with other Users (particularly Hosts) prior to any job shadowing experience through the tools available on the Website. As a User, you expressly acknowledge that the tools provided on the Website cannot guarantee or assure you of the identity of the person with which you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity.
You understand that participation in any job shadowing experience advertised on the Website involves some level of inherent risks and dangers. These may result not only from your own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others. Further, there may be other risks not known to you or reasonably foreseeable at this time. By participating in aa job shadowing experience, you acknowledge that you understand and have considered the risks involved, and you voluntarily and freely choose to assume these risks. You consent to receive medical treatment which may be deemed necessary in the event of any illness, accident or injury or medical emergency resulting from or in connection with your participation in programs available on the Website and understand that you are solely responsible for all costs related to such medical treatment and/or medical transportation.
Food provided or made available before, during, and after job shadowing experiences held by Hosts may not have been formally tested by us or for us and we do not provide any assurances nor accept any responsibility or liability with regard to their originality, quality, nutritional value, or safety. Use your best judgment when cooking or eating raw ingredients such as eggs, chicken, beef, or seafood and seek expert advice before consuming if you are unsure. Review all ingredients prior to consuming any food made available by the Host to be fully aware of the presence of substances which might cause an adverse reaction in some consumers. Consult your medical professional before consuming if you have concerns about how you may individually react to the use of any particular ingredient. You assume the risk of any potential injury that may result in consuming any food provided or made available during a job shadowing experience. As a Host, you are responsible for inquiring into any potential food allergies your Participants may have prior to each and every job shadowing experience.
Enspire prohibits the serving of alcohol and does not recommend or provide for the serving of alcohol during job shadowing experiences. Users acknowledge that the serving or drinking of alcohol during job shadowing experiences carries potential risks and dangers beyond the control of Enspire. If Users violate these Terms and Conditions and serve alcohol, they affirm that they are familiar and comply with North Carolina Social Host Liability Laws, any applicable university alcohol policy, and the Alcohol Law Enforcement laws pertaining to liquor and alcohol at Events.
Users acknowledge that Enspire does not provide, sell, make available, or serve alcoholic beverages during job shadowing experiences. If alcohol is served or made available during a job shadowing experience, Enspire shall not be responsible for any and all damages suffered by any User or third parties as a result of a User providing alcohol, including, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium. Hosts acknowledge that it is against the law to serve, provide, or make available alcohol to anyone under the age of twenty-one (21). By hosting a job shadowing experience and becoming a Host, you agree and affirm that you will not provide anyone under the age of twenty-one (21) with alcohol.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Enspire, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website. Additionally, you must not:
Modify copies of any materials from the Website.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
Enspire’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of Enspire. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
It is permissible for Users to refer to Enspire on which they list their job shadowing experience in a descriptive manner on the Website or in other permissible communications. However, Users may not refer to Enspire in any way that might lead someone to believe that your company, property, listing or site is sponsored by, affiliated with, or endorsed by Enspire.
You may use the Website only for lawful purposes and in accordance with this Agreement and the Terms. You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
In any way that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party.
To harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without their consent.
To attempt to gain unauthorized access to the Website, other computer systems or networks connected to or used together with our products and services, through password mining or other means.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards described below.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate us, one of our employees, another User, or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or Users, or expose them to liability.
Introduce software or automated agents or scripts to the Website so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
To engage, directly or indirectly, in transmitting any type of unsolicited solicitation.
To advertise, offer to sell, or sell any goods or services, unless you receive our prior written consent.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in this Agreement, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Access (or attempt to access) any of our products or services by any other means other than through the means we provide.
Assist any third party in engaging in any activity prohibited by this Agreement.
Otherwise attempt to interfere with the proper working of the Website.
International Access to Website
We control the Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded in violation of United States law.
The Website may contain message boards, discussion or chat rooms, personal web pages or profiles, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other Users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards set out in this Agreement.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with this Agreement.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Enspire, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by Enspire, are solely the opinions and the responsibility of the User submitting them and do not necessarily reflect the opinion of Enspire. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the Website.
If you believe that any User Contributions violate your copyright, please email firstname.lastname@example.org to provide a notice of copyright infringement. It is the policy of Enspire to terminate the user accounts of repeat infringers.
Monitoring and Enforcement; Termination
Enspire has the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates this Agreement, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Enspire.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of this Agreement.
However, we cannot review material before it is posted on the Website, and cannot ensure prompt removal of objectionable or inaccurate material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including User Contributions and other materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Enspire, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Enspire. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party Websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party Websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
Establish a link from any Website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other Website, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
Enspire includes hyperlinks to other educational, employment, nonprofit, governmental and/or other third-party websites, which Enspire cannot and does not control the content of such websites. This includes links contained in advertisements, including banner advertisements and sponsored links. Accordingly, Enspire makes no representations or warranties of any kind regarding the content on such websites or the content on any website linked to such websites, or any changes or modifications made thereto. You hereby acknowledge that by using any such hyperlinks, you thereby irrevocably waive any and all claims against Enspire regarding such websites and acknowledge that you must adhere to and will be subject to the usage and privacy policies governing such sites. Use of linked sites is strictly at your own risk including any risks associated with destructive viruses.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ENSPIRE NOR ANY PERSON ASSOCIATED WITH ENSPIRE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ENSPIRE NOR ANYONE ASSOCIATED WITH ENSPIRE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, ENSPIRE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ENSPIRE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Dispute Resolution and Binding Arbitration
YOU AND ENSPIRE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO (A) YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE OR (B) YOUR USE OF THIS WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Agreement. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. We will be responsible for paying any individual consumer’s arbitration/arbitrator fees. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within sixty (60) days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR ENSPIRE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Waiver and Severability
We may provide any notice to you under this Agreement: (i) sending a message to the e-mail address you provide or (ii) by posting to the Website. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
To give us notice under this Agreement, you must contact us as follows: (i) by email to email@example.com; or (ii) by personal delivery, overnight courier or registered or certified mail at 1406 Wenchelsa Road, Greensboro, North Carolina 27410. We may update the addresses for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
You agree that all communications including but not limited to agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.