Effective September 1, 2016.
Welcome to a website (“the Site”) of the National Domestic Workers Alliance (“NDWA”). It is very important for you to review this user agreement (“Agreement”) now. If you do not understand and accept this Agreement, please leave the site and send any questions directly to NDWA. If you remain on the Site, or return to the Site later, you agree to be bound by this Agreement.
This Agreement governs your use of the Site and the information provided on the Site, including the public sections and the members-only sections of the Site. We have tried to make this Agreement as clear as we can. We require your acceptance of this Agreement in order to provide you with licensed access to the free content and/or member benefits available on the Site.
By continuing to access and use the Site in any manner, you agree to be bound by this User Agreement, the associated Privacy Statement for the Site, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available on or through the Site. NDWA respects your privacy and encourages you to read its Privacy Statement so that you make an informed decision about using the Site.
NDWA grants you a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Sites conditioned on your continued acceptance of, and compliance with, this Agreement. NDWA reserves the right to bar, restrict or suspend any user’s access to the Site and/or to terminate this license for failure to comply with the terms of this Agreement. NDWA reserves any rights not explicitly granted in this Agreement.
NDWA is not liable for any damages incurred through the access or use of the Site, any information or third party services provided on the Site, or any action taken by NDWA pursuant to this Agreement and/or the associated Privacy Statement. NDWA does not endorse any content submitted to NDWA, nor any opinion, recommendation, nor advice expressed therein, and NDWA expressly disclaims any and all liability in connection with such submissions.
The Site is intended to be accessible and enjoyed by general audiences but NDWA does not offer or sell any product or service through this Site to children under the age of 18. NDWA does not knowingly collect personal information from children under the age of 13 on any of its websites without first providing the parent or legal guardian with notice and obtaining prior verifiable consent.
By your continued use of the Site:
you confirm that you are over the age of 18;
you agree that neither NDWA nor its affiliates are responsible for any damages that you incur, and you will not assert any claims against NDWA or its affiliates, arising from your purchase or use of any products or services made available on the Site and/or by third parties through the Site;
you agree to indemnify and hold NDWA, its officers, directors, trustees, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against NDWA by any third party due to or arising out of or in connection with your use of the Site;
you agree to arbitrate any and all disputes that may arise based on your use of the Site according to the arbitration agreement set forth at Section XIV, and you agree to the ninety (90) day time limit to file claims at Section XIII below.
This Agreement includes a ninety (90) day time limit to file any claim arising out of your use of this Site, and an agreement to arbitrate any and all disputes that may arise based on your use of the Site. Under the arbitration agreement, you cannot sue NDWA in federal or state court, and you cannot bring a dispute as a member of a group or class. Any dispute that may arise will be settled by an arbitrator instead of a judge or jury. You may opt out of this arbitration agreement within thirty (30) days by following the opt-out procedures at Section XIV below.
Before using certain areas of the Sites you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between this Agreement and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.
II. Changes to this Agreement
NDWA may modify this Agreement from time to time. When we do, we will notify you by posting a notice of the upcoming modifications for thirty (30) days before the modifications take effect. If you are a member, we will also notify you by email at the email address you provided when you signed up. It is important to provide NDWA with a current email address and to update your email address with NDWA if it changes. If you continue to use the Site after any changes to this Agreement, you agree to be bound by the new Agreement. If you do not wish to be bound by the new Agreement, do not use the Site after the Agreement has changed.
Employees of NDWA are not authorized to vary the terms of this Agreement, either verbally or in writing, except as set forth above. For example, an employee of NDWA cannot permit you to do something that is prohibited by this Agreement or waive any of your obligations under this Agreement. If any employee offers to do so, or to post or remove any information from the Site, he or she is not acting as an agent of NDWA or speaking on behalf of NDWA. You may not rely on, and should not act in reliance on, any statement or communication from an employee or anyone else purporting to act on behalf of NDWA, unless the communication is made in a written communication personally signed by NDWA’s leadership.
III. Third Party Links and Content
NDWA may provide links to web pages and content of third parties (“Third Party Content”) as a service to those interested in this information. At these links, you may be able to purchase online products and other services that are provided by third parties. NDWA does not monitor and has no control over any Third Party Content. NDWA does not endorse or adopt any Third Party Content and is not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of any product or service offered or provided by a third party. NDWA makes no representations or warranties of any kind regarding such Third Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Any information, products, software, or services provided on or through third-party sites are controlled by the operators of such sites and not by NDWA, its affiliates or its subsidiary companies. When you access these third-party sites, you do so at your own risk.
If you make a purchase from a merchant on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant. A merchant that offers or sells products or services through the Site may have privacy and data collection practices that are different from NDWA’s. NDWA has no responsibility or liability for these independent policies. For more information about a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.
When leaving the Site, you should be aware that NDWA’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Users use these links and Third Party Content contained therein at their own risk.
IV. Membership Services, Paid Transactions, and Accounts
To access certain features of the Site and/or benefits offered by NDWA and/or third party providers, NDWA requires you to register and pay for a membership. In addition to payment of fees, you are also required to provide personally identifiable information such as your name, primary telephone number, e-mail address, ZIP code, language(s) spoken and type of work engaged in. You agree to provide this information subject to the terms of this Agreement and the Click-Through Agreement provided when you register.
Paid transactions (e.g., for membership fees, donations, or purchase of goods or services) are made by a third party identified at the time of sale. If you have questions about your transaction, please contact the third party at the address provided and they will assist you. Different or additional terms and conditions may apply to third parties, which you should read when they are presented to you.
You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. A notice will be communicated to you when your order is accepted and NDWA’s acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time the notice is sent. At such time, the contract for sale will be made and become binding. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.
NDWA reserves the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by its credit or fraud departments. NDWA also may require additional verification or information before accepting an order. NDWA will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after NDWA has processed your payment but prior to delivery, NDWA will refund your payment.
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify NDWA of changes to the payment information. NDWA reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
To access certain features of the Site, NDWA requires you to provide personally identifiable information such as your name, primary telephone number, e-mail address, ZIP code, language(s) spoken and type of work engaged in. You agree to provide true, accurate, current, and complete information about yourself for any registration form located on the Site. If NDWA suspects that information you provide is untrue, inaccurate, or incomplete, NDWA may, in its sole discretion, suspend or terminate your account and refuse all current or future use of the Site. NDWA’s use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of its Privacy Statement.
You may need a username and password to use certain features or to secure additional benefits of the Site. By registering on the Site, you agree that you will not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that NDWA, in its sole discretion, deems inappropriate or offensive. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account.
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. NDWA assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. You agree to promptly notify NDWA of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the applicable NDWA service.
For monthly membership registrations, your subscription will continue on a month-to-month basis unless and until you cancel your subscription or the subscription is suspended or terminated by NDWA. For 12-Month membership registrations, your subscription will continue for a period of 12 months unless you cancel your subscription or the subscription is suspended or terminated by NDWA. You must cancel your subscription before your next renewal date in order to avoid the next billing. If you cancel your subscription thereafter, cancellation will be effective at the end of the current period; you will have continued access to your subscription for the remainder of that period, but you will not receive a refund.
V. Intellectual Property Limited License
This Site and all the materials contained on it (“Material/s”) are the property of NDWA and/or the property of its affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. NDWA provides the Site for personal, noncommercial use only. Pursuant to this Agreement, NDWA provides to you a limited license to use its intellectual property as follows.
You may only use this Site and the Materials on it as authorized by NDWA. You may not use this Site or the Materials on it in any manner that violates the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights belonging to NDWA or a third party. NDWA reserves the right, at any time and without notice, to suspend, cancel, or terminate your right to use the Site (or any portion of the Site) for violation (whether repeated or not) of copyrights or any other rights belonging to NDWA or a third party. Unless authorized in this Agreement or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site. Information about permission to reproduce or distribute materials from the Site can be obtained by a written request submitted to NDWA.
VI. Rules for Use of this Site
In order to maintain an efficient and effective Site that addresses the needs and interests of users, the following rules apply to the use of this Site. Please do not:
Engage in any conduct that, in NDWA’s sole judgment, restricts or inhibits any other user from using or enjoying the Site. NDWA retains sole discretion as to what content to restrict.
Post or transmit any material that violates NDWA’s rights or the rights of others, including, without limitation, privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other right. NDWA retains sole discretion as to what content violates the rights of others, including, without limitation, privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other right afforded to users of this Site.
Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies, or regulations of the networks NDWA uses to provide the Site.
Use the Site in an unlawful, threatening, or abusive manner, including without limitation, to promote racism, bigotry, hatred, or physical harm of any kind against any group or individual.
Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining, or other illicit means.
Obtain or attempt to obtain any materials or information not intentionally made available through this Site.
Use the Site to post or transmit any vulgar, obscene, or otherwise objectionable information of any kind, including without limitation, any transmissions that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Use the Site to post or transmit any information, software, or other material that contains a virus or other harmful component.
Use the Site to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising.
Engage in advertising or commercial solicitation of any product or service, or to solicit donations of any kind on the Site, without NDWA’s written consent.
Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the Site.
This Site may include interactive features, including, but not limited to, message boards, web logs, e-mail services, and areas that allow uploading of user-generated content (the “Interactive Features”). You are responsible for any material that you post on message boards or provide through any other Interactive Features on the Site. NDWA does not control the messages, information, or files that you or others may provide through the Site. This Site, including its Interactive Features, shall be used for lawful purposes only.
NDWA shall have the right, but no obligation, to monitor the content of the message boards or other Interactive Features to determine compliance with this Agreement and any other operating rules NDWA establishes. NDWA shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on the message boards or other Interactive Features of the Site. Notwithstanding this right, users shall remain solely responsible for the content of their messages.
By posting or submitting any material (including, without limitation, text, photos, and videos) to the Site, you affirm, represent and warrant: (i) that you are the owner of the material, or that the owner of the material has consented to or permitted your use; and (ii) that you are thirteen years old or older. You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission.
NDWA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on the message boards or other Interactive Features of the Site, whether it is provided by NDWA, its employees, or a third party. Under no circumstances will NDWA be liable for any loss or damage of any kind caused by reliance on information obtained through postings on the message boards or other Interactive Features of the Site.
NDWA is not responsible for any offensive, defamatory, or obscene posting made on the message boards or other Interactive Features of the Site. NDWA reserves the right to deny access to the Site or any features of the Site to anyone who violates this Agreement, or who, in its sole judgment, interferes with the ability of others to enjoy the Site or infringes the rights of others. Neither NDWA nor any third-party content provider shall assume or have any liability for any action or inaction by NDWA or any third-party content provider with respect to any conduct, communication, or posting on the message boards or other Interactive Features of the Site.
NDWA also reserves the right at all times to disclose any information NDWA believes necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in its sole discretion are inappropriate, objectionable or in violation of this Agreement.
VII. Online Conduct and Complaint Policy
It is the policy of NDWA not to tolerate any acts of intellectual property infringement or violations of U.S. law, and NDWA does not allow any obscene or defamatory Material to be posted on this Site. We will do our best, in good faith, to remove, disable, or restrict access to the availability of Material that, in our subjective view, is infringing, racist, obscene, harassing, or otherwise objectionable.
If you believe that someone has posted Material which violates this policy (other than copyright infringement, which is addressed below), please notify us promptly by email at the following address: [email protected].
In order to allow us to respond effectively to your concerns, please provide us with as much detail as possible, including: (1) the nature of the right infringed or violated (including, if applicable, the registration numbers of any registered trademarks or patents allegedly infringed); (2) all facts which lead you to believe that a right has been violated or infringed; (3) the precise location where the offending Material is located; (4) any grounds to believe that the person who posted the Material was not authorized to do so or did not have a valid defense (including the defense of fair use); and (5) if known, the identity of the person or persons who posted the infringing or offending Material.
By this Agreement, you acknowledge that in establishing a complaint procedure, NDWA is taking on the role of a Good Samaritan, and, in order to allow us to do our best, in good faith, to purge or otherwise restrict the availability of material that is infringing, racist, sexist, obscene, harassing, or otherwise objectionable, you agree to waive any claims or remedies which you might otherwise be able to make against us under any theory of law (including, but not limited to, intellectual property laws) arising out of or relating in any way to the content on this Site or our response, or failure to respond, to a complaint.
This Agreement contains provisions intended to implement this policy, but are not intended to impose a contractual obligation on NDWA to undertake, or refrain from undertaking, any particular course of conduct. You agree that we have the right (but not the obligation) to investigate any complaint received and, at any time and for any reason, to remove any material which you post to this Site, with or without your permission, and with or without cause, in our sole discretion. By reserving this right, NDWA does not undertake any responsibility in fact to remove content posted online, whether or not a complaint has been received.
If you are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via the Site in a manner that constitutes copyright infringement, please report the violation to NDWA’s designated copyright agent by sending written notice by U.S. Mail to NDWA, 45 Broadway, Suite 320, New York, NY 10006, or by facsimile at 212-367-0813. Please note that the contact information provided in this paragraph should only be used for reporting suspected copyright infringement. Contact information for other matters is provided elsewhere in this Agreement or on the Site. Please include the following information in your written notice:
a detailed description of the copyrighted work that is allegedly infringed;
a description of the location of the allegedly infringing material on the Site;
(3) your contact information, including your address, telephone number, and e-mail address;
(4) your statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
(5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and
(6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
If you fail to comply with the terms of this Agreement, NDWA may, at any time and without notice, suspend, cancel, or terminate your right to use the Site (or any portion of the Site). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Site affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive.
IX. Additional Terms
Hardware and Software: You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
Linking to the Site: Pursuant to this Agreement, you are granted a limited, non-exclusive right to create a hyperlink to this Site provided that (1) the link does not state or imply any sponsorship of your site by NDWA, or (2) the link does not portray NDWA or any of its products, services or programs in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time.
You may not use, frame or utilize framing techniques to enclose any NDWA materials, intellectual property or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page without NDWA’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a NDWA name, intellectual property or product name without NDWA’s express written consent.
Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise, in or under any patent, trademark, service mark, copyright or proprietary right of NDWA or any third party. NDWA makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites linking to this Site.
Use of Directories: The information contained in any directories that may be provided on the Site is provided for visitor information only and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind. Neither NDWA, nor its suppliers, will be liable in any way with regard to such information.
Nonpartisan Organization: NDWA is a nonprofit, nonpartisan organization that helps address the needs of domestic workers including, but not limited to, house cleaners, childcare providers, elderly caregivers, attendants and their families by means of research, training, public education, public advocacy and other services. NDWA does not endorse, support, or oppose political candidates or parties, and does not have a PAC. NDWA maintains a relationship with the Services Employees International Union.
Excessive Data Usage Charges: Accessing and using the Site on your mobile device will require use of your data service. Depending on the plan you have with your mobile network carrier, you could incur excessive data charges amounting to hundreds or thousands of dollars. You should check with your mobile network carrier and determine how you will be charged for data usage. NDWA is not responsible for your data usage and will not be responsible for excessive data charges that you may incur. You are responsible for any Internet connection, data or other fees assessed by your mobile network carrier to access the Site via your wireless device, including any data plan charges, toll, out-of-area, roaming or other wireless device connection charges.
Sweepstakes & Contests: NDWA may operate sweepstakes, contests, and similar promotions (collectively “Promotions”) through this Site. You should carefully review the rules (“Official Rules”) of each Promotion in which you participate, as the Official Rules may contain additional terms and conditions. In the event the Official Rules conflict with this Agreement, the Official Rules will control.
Data Retention: NDWA may maintain backups of data including registration data to recover data and restore accounts in case of errors or system failure. Therefore, data that you delete or that NDWA deletes may remain backed up. NDWA does not guarantee that backups will function error free. NDWA may not be able to restore data from a backup on request. For these reasons, you are responsible for maintaining your own backups.
PLEASE READ THIS SECTION CAREFULLY.
The information, products and services offered on or through the site are provided on an “as is,” and “where is” basis and without warranties of any kind either express or implied. To the fullest extent permissible, pursuant to applicable law, NDWA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
NDWA does not represent or warrant that the site or any of its functions will be uninterrupted or error free, but only that defects will be corrected when brought to NDWA’s attention, or that any part of this site, including message boards, or the servers that make the site available, are free of viruses or other harmful components. NDWA expressly disclaims liability for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Each user specifically acknowledges that NDWA is not liable for the defamatory, offensive or illegal conduct of other third parties, subscribers, members or other users of the message boards and that the risk of injury from the foregoing rests entirely with each user.
NDWA do not make any representations or warranties about the correctness, accuracy, timeliness, or reliability of this site or third-party sites. Use of any information on the site or third-party sites is at the user’s own risk. Under no circumstances will ndwa be liable for any loss or damage caused by reliance on information obtained through the site.
XI. Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY.
In no event shall NDWA or its officers, directors, trustees, shareholders or employees be liable, for any direct, indirect, incidental, special or consequential damages, or any other damages of any kind whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use or inability to use the site or the content contained in, or accessed through, the site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from NDWA, or that results from mistakes, omissions, interruptions, deletion of files or e-mail, error, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to NDWA’s records, programs or services. (because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, NDWA’s liability and the liability of its subsidiary companies or affiliates is limited to the greatest extent that it can be limited under such state law.)
In no event will NDWA or any person or entity involved in creating, producing or distributing the site or related online services be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the message boards or other
interactive features, or out of the breach of any warranty.
if you are dissatisfied with the site, any materials, products, or services on the site,
or with any of the site’s terms and conditions, your sole and exclusive remedy
is to discontinue using the site.
XII. Applicable Law and Jurisdiction
This Agreement and any amendments or revisions shall be governed by applicable federal law and the laws of the State of New York, without regard to its conflict of laws principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement or the use of the Site shall be brought in the federal judicial district in the Southern District of New York, and you irrevocably consent to personal jurisdiction in the state or federal courts located in the State of New York.
PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS ONCE YOU BECOME A MEMBER, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
We are available by phone toll free at 1-855-426-2450 or by email at [email protected] to address any concerns you may have regarding your use of the Site. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to section 10.1 above, then either party may initiate binding arbitration.
All claims arising out of or relating to this Agreement (including its formation, performance, and breach), the parties’ relationship with each other and/or your use of the Site shall be finally and exclusively resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration rules. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable.
You understand and agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. You understand and agree that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement shall be governed by the Federal Arbitration Act. The binding arbitration will be conducted in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions.
THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO THE AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARTBIRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY’S FEES IN CERTAIN CIRCUMSTANCES.
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
To the extent that the arbitration provisions set forth in this section are determined to be invalid or unenforceable, the parties agree that any litigation between them shall be filed exclusively in the federal District Court for the Southern District of New York (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in the District Court for the Southern District of New York for any litigation other than small claims court actions.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this section by sending written notice of your decision to opt-out to the following address:
The National Domestic Workers Alliance
45 Broadway, Suite 320
New York, NY 10006
The notice must be sent within thirty (30) days of first accessing or registering to use the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this section. If you opt-out of these arbitration provisions, NDWA also will not be bound by them. NDWA reserves the right to terminate your access or membership if you opt-out of these arbitration provisions.
XIII. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SITE MUST BE COMMENCED WITHIN NINETY (90) DAYS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
XIV. Entire Agreement
This Agreement constitutes the entire agreement between NDWA and you with respect to the subject matter contained in this Agreement and supersedes all previous and contemporaneous agreements, proposals, and communications, written and/or oral.
You also may be subject to additional terms and conditions that may apply when you purchase and/or use the products or services of a third party that are provided on or through the Site. In the event of any conflict between any such third-party terms and conditions and this Agreement, this Agreement shall govern. The foregoing provisions of this Agreement are for NDWA’s benefit and the benefits of its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
Before using certain areas of the Sites you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between this User Agreement and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.
If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Any invalid or unenforceable portion shall be construed as narrowly as possible in order to give effect to as much of the Agreement as possible. The failure of NDWA to insist upon or enforce strict performance of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement will not be construed as a waiver or relinquishment to any extent of NDWA’s right to assert or rely upon any such provisions, rights or remedies in that or any other instance; rather, the same will be and remain in full force and effect.