THIS AGREEMENT PROVIDES FOR THE MANDATORY ARBITRATION OF DISPUTES, AND INCLUDES A WAIVER OF THE RIGHT TO A JURY TRIAL AND A CLASS ACTION WAIVER, AS SET FORTH BELOW.
THE COMPANIES ARE NOT A LAW FIRM AND DO NOT PROVIDE LEGAL ADVICE. YOU UNDERSTAND THAT YOUR USE OF THE WEBSITE, AND YOUR PURCHASE OR USE OF ANY PRODUCT OR SERVICE OFFERED ON THE WEBSITE, IS NEITHER LEGAL ADVICE NOR THE PRACTICE OF LAW.
This website, and the products and services offered on the website, are not intended to provide any tax, legal, financial planning, insurance, accounting, investment, or any other kind of professional advice or services, and nothing on the website or the products and services offered on the website should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security, insurance policy, or investment strategy. To make sure that any information or suggestions on this site fit your particular circumstances, you should consult with an appropriate tax or legal professional before taking action based on any suggestions or information on this website or the products and services offered on the website. Unless otherwise specified, you alone are solely responsible for determining whether any financial or insurance strategy, product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation.
Without limiting the foregoing, no product or service offered or set forth on this website, nor any analysis, commentary, or otherwise (whether oral or written), provided in conjunction with the foregoing shall be deemed to constitute: (1) investment advice under applicable state or federal law, including, but not limited to, the Investment Advisers Act or 1940; or (2) any sort of transaction in securities for the account of others, including, but not limited to, any solicitation, negotiation or execution of the transaction. Neither we nor any of our representatives, sublicensees, or assigns shall be responsible for any investment decisions or third party damages or losses resulting from the use of such product(s) or service(s) or any information provided in conjunction with same. You also understand and agree that we are not (1) an “investment adviser” as such term is defined in the federal Investment Advisers Act of 1940, or (2) a “broker”, or (3) a “dealer”, as such terms are defined under the federal Securities Exchange Act of 1934. We do not hold ourselves out in any communications as an investment adviser, a broker, or a dealer.
If you have a dispute with the companies, and you and the companies are unable to resolve the dispute by using the Informal Dispute Resolution Process set forth below, you and the companies agree that upon demand by either you or the companies, the dispute will be resolved through binding arbitration, except that you and the companies each retain the right to pursue in small claims court any dispute that is within that court’s jurisdiction.
You and the companies agree that, to the fullest extent legally permissible: (1) you are each waiving the right to a jury trial or a trial before a judge in a court; (2) you and the companies may each bring claims against the other only in an individual capacity, and neither you nor the companies shall be entitled to include in any arbitration any dispute as a representative or member of a class, or as a private attorney general, or participate as a class member in any class action; (3) neither you nor the companies shall be entitled to join or consolidate claims by or against others in any arbitration; and (4) the arbitrator may award declaratory or injunctive relief only in favor of the party seeking relief, and only to the extent necessary to provide relief warranted by that party’s individual claim. If any of this paragraph’s limitations are determined to be unenforceable with respect to a particular claim or request for relief (such as declaratory or injunctive relief), then such claim or request for relief shall be decided by a court of competent jurisdiction, after all arbitrable claims and requests for relief (including any other requests for relief with respect to that particular claim, such as individual damages or restitution) are arbitrated.
Customer Support is available and can usually resolve any concerns you may have. If that does not work, you and the companies agree that if you have a dispute with the companies, the first step in the Informal Dispute Resolution Process is for you to send a written Notice of Dispute by certified U.S. Mail to Suze Orman Media, P.O. Box 4084, Santa Monica, California 90411-4084. If the companies have a dispute with you, the companies will send a written Notice of Dispute by certified U.S. Mail to the most current postal address that they have for you in their records, and by email to the most current email address that they have for you in their records. The Notice of Dispute must include all of the following information: (a) the claimant’s name, address, and phone number; (b) the email address associated with the account at issue (if any); (c) the product or service (if any) to which the claim pertains; (d) a description of the nature and basis of the claim; and (e) an explanation of the specific relief sought. The Notice of Dispute must be personally signed by you (if you are the claimant) or by a representative of the companies (if we are the claimant).
You and the companies each agree to try and resolve the claim, but if the claim is not resolved within 60 days after the Notice of Dispute is received, then you or the companies may initiate an arbitration using the procedures set forth below. Any arbitration cannot be commenced until after this 60-day informal dispute resolution period has ended. Any applicable statutes of limitation will be tolled for this 60-day period.
During this 60-day period, either you or the companies may request an individualized discussion (by phone call or videoconference) regarding settlement of the dispute, and you and the companies agree to work together in good faith to select a mutually agreeable time for the discussion. You and a company representative must personally participate in the settlement discussion, unless otherwise agreed in writing. Your and the companies’ lawyers (if any) can also participate. If the dispute is not resolved through the Informal Dispute Resolution Process, and proceeds to arbitration, the amount of any settlement offer made by you or the companies may not be disclosed to the arbitrator.
Each of the foregoing requirements are essential so that you and the companies have a meaningful opportunity to resolve disputes informally. If any of these Informal Dispute Resolution Process requirements have not been satisfied, a court may enjoin the filing or prosecution of an arbitration, and the arbitration administrator may decline to accept or administer an arbitration.
Each arbitration, including the selection of the arbitrator, will be administered by the American Arbitration Association (the “AAA”) according to its Consumer Arbitration Rules (the “AAA Rules”). The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7979. In the event of any inconsistency between the AAA Rules and this Arbitration Agreement, this Arbitration Agreement shall be controlling.
If the claim is not resolved after expiration of the 60-day informal dispute resolution time period, either party may demand arbitration of a dispute, regardless of whether a lawsuit or other proceeding has previously been commenced. Either party may demand arbitration by completing the Consumer Demand for Arbitration Form provided for that purpose, and following the instructions on the form. The form is available on the AAA’s website, www.adr.org, or by calling the AAA at 1-800-778-7979. If you demand arbitration, you must send a copy of the form or other demand, by U.S. Certiﬁed Mail, addressed to: Suze Orman Media, P.O. Box 4084, Santa Monica, California 90411-4084. If the companies demand arbitration, you will be sent a copy of the form or other demand, by U.S. Certiﬁed Mail, at the most current postal address that the companies have for you in their records, and at the most current email address that the companies have for you in their records.
If you file a Consumer Demand for Arbitration, the companies will pay or reimburse you for the cost of the initial filing fee. If your claim is for less than $10,000, the companies will pay all of the AAA’s administrative fees and the arbitrator’s fees, including the initial filing fee. If your claim is for more than $10,000, and applicable law or the AAA Rules limit the amount of arbitration fees payable by you, the companies will pay all of the AAA’s administrative fees and the arbitrator’s fees in excess of this limitation. Except as otherwise provided by applicable law, each party will remain solely responsible for their own attorneys’ fees and expenses incurred in connection with the arbitration.
You and the companies agree that: (1) the parties are participating in transactions affecting interstate commerce; (2) this Arbitration Agreement and any resulting arbitration are governed by the Federal Arbitration Act (Title 9 of the United States Code); (3) the arbitrator shall decide any dispute regarding the existence, scope, or validity of this Arbitration Agreement, the arbitrability of any claim, or the interpretation, application, or enforceability of this Arbitration Agreement or any of its provisions; (4) neither party will disclose, to any third party, any information obtained from the other party in the arbitration proceeding, except as required by applicable law; (5) the arbitrator will not be bound by any arbitration award, finding of fact, or conclusion of law issued in any other arbitration proceeding involving only one of the parties; and (6) if, for any reason, the AAA declines to administer the arbitration, another arbitration provider shall be selected by the parties, or if the parties are unable to agree on an alternative administrator, by a court pursuant to 9 U.S.C. § 5.
This Arbitration Agreement shall survive the termination of any other contract between you and the companies.
The companies own the copyright for all the material on the website and all the products and services offered on the website or have the right to use same. The companies also own or have the right to use all trademarks, service marks, and trade names used on this website and all the products and services offered on the website.
The companies control and operate this website from within the United States of America. Unless otherwise specified on or within this website, this website is intended to promote only those products or services that are sold by the companies in the United States and its territories, and the companies make no representation that materials in this website, any products or services offered on the website, or the conduct described thereby are appropriate or available for use in other locations. All visitors to this website and purchasers or users of any product or service offered on the website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this website or the use of such products or services.
The material in this website (including any graphics, recommendations or other material) and any products or services made available through this website are provided “as is” and without warranties of any kind, express or implied. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANIES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE OR THE PRODUCTS AND SERVICES OFFERED ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. The materials in this website and the products or services offered on the website could include technical inaccuracies or typographical errors. This material could be inaccurate or become inaccurate as a result of certain developments occurring after the respective dates of the material contained in this website or the products and services offered on the website. The companies undertake no obligation to verify or maintain the currency of such information.
The companies endeavor to maintain this website and its operation, but are not, and cannot be, responsible for any defect that may exist in the website or its operations. AS TO THE OPERATION OF THE WEBSITE, THE COMPANIES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANIES MAKE NO WARRANTY THAT (I) THE OPERATION OF THE WEBSITE WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, MALWARE, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECT AND ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. You (and not the companies) assume the entire cost of all services, repairs, or corrections that may be necessary for your computer equipment and software as a result of viruses, errors or any other problems whatsoever you may have as a result of visiting this website.
UNDER NO CIRCUMSTANCE SHALL THE COMPANIES BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, ANY MATERIAL IN THIS WEBSITE, OR ANY PRODUCT OR SERVICE OFFERED ON THE WEBSITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE. THE COMPANIES SHALL NOT BE LIABLE EVEN IF THE COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. These include but are not limited to damage or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, malware, Trojan horse or other harmful component.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, IN NO EVENT SHALL THE COMPANIES’ TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR IN TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE OR PURCHASING THE PRODUCT OR SERVICE.
The companies may from time to time monitor or review discussions, chats, postings, and other transmissions on this website. However, the companies are under no obligation to do so and assume no responsibility or liability arising from the content of any such transmission or for any error, defamation, libel, slander, omission, falsehood, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this website. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane materials or any other materials that could be considered or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any other laws. The companies will fully cooperate with any law enforcement authorities or court order requesting or directing the companies to disclose the identity of anyone posting such information or materials. The companies may also disclose such information if they have a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of the companies, their employees, customers or the public.
This website or products or services offered on the website may provide a “Help” file or other instructions for the use of this site. However, you understand that the companies are under no obligation to provide any support for the use of the website or products or services offered on the website.
Last updated: February 3, 2023