Terms & Conditions
Publish Date: 01/30/2024
These Terms of Service ('Terms') constitute a legally binding contract that governs your, and/or your child’s, access to and use of the website at https://camp.integem.com/, as well as other digital and non-digital products, services, activities, and camps, including but not limited to those offered by Camp Integem ('Services'). The Services are offered by Integem Inc., either independently or jointly with the International AR Education Foundation (collectively referred to as 'Integem', 'we', or 'us'). These Terms apply to all educational programs, including but not limited to Integem In-Person, Online, and Hybrid Programs, and cover all lessons, classes, courses, etc., referred to as a 'Program' or 'Programs'.
These terms provide important information, including our limitation of liability, your waiver of any right to participate in a class action, and your agreement to resolve any disputes between you and Integem by binding individual arbitration. By using the Services, you agree to these Terms. If you do not agree to these Terms, you should not use the Services. Your use of the Services will constitute your acceptance and consent to these Terms.
Changes to These Terms of Service
We may update these Terms of Service periodically to reflect changes in our practices or services. Any such changes will be effective upon posting the updated Terms on our website. We will endeavor to notify you of significant changes through our website or through other means of communication. Your continued use of our Services after such changes have been posted and notified will constitute your acceptance of the revised Terms. If you do not agree to the new terms, you should discontinue using our Services.
Online Programs: If you are purchasing, or you or your student is participating in an Online Program you also agree on your own behalf and on behalf of your student, to be bound by the additional terms and conditions found https://camp.integem.com/a/online-programs.html.
In-Person Programs: If you are purchasing, or you or your student is participating in, an In-Person Program, you also agree on your own behalf and on behalf of your student to be bound by the additional terms and conditions found https://camp.integem.com/a/in-person-programs.html.
Hybrid Programs: If you are purchasing, or you or your student is participating in, a Hybrid Program, you also agree on your own behalf and on behalf of your student to be bound by the additional terms and conditions found in our Online Programs https://camp.integem.com/a/online-programs.html and In-Person Programs https://camp.integem.com/a/in-person-programs.html.
1. Registration And Your Account
While you may use our website without signing up for an account, you will need to sign up for a user account to use some of our Services. You agree that the information that you provide us during registration and your use of the Services is accurate, complete, and current and that you will update your information with us to keep it accurate, complete and current. You are solely responsible for your account and all activity associated with your account.
You consent to allow us to contact you via email, phone, and/or text message with information related to our summer camp, including but not limited to, details about camp activities, exclusive offers and deals for our summer camp, updates regarding your child's participation and well-being during the summer camp, and requests for feedback through surveys after the camp concludes.
You have the right to know about the personal information we collect about you and how it is used and shared. You also have the right to request the deletion of your personal information collected or maintained by us.
Please be aware that you can opt out of receiving these communications at any time. To opt out, you may follow the unsubscribe instructions provided in our communications or contact us directly at firstname.lastname@example.org. After opting out, you will no longer receive communications from us regarding the summer camp, except for essential transactional messages necessary for the administration of your account or as required by law.
2. Assumption Of Risk
You understand and acknowledge that participation in a Program conducted by Integem, including the use of its facilities and equipment, involves an inherent and unavoidable risk of injury, harm, and loss. You understand that although Integem takes precautions to provide safe and proper organization, supervision, and equipment, it is impossible for Integem to guarantee absolute safety. You understand there are numerous risks associated with participating in Integem Programs, including, but not limited to, the use of facilities, fields, and playgrounds; inflatable equipment; classroom equipment, tools, toys, and supplies; outdoor play equipment, toys and supplies; use of Internet and online services; interaction with other children; in-person interaction with other people; computers, their accessories, and other electronic devices; Integem-provided food; participation in sports and active games; use of specialized equipment for certain activities for Integem course related equipment, devices, and supplies; crafting and enrichment projects; as well as the negligence of others. You also understand the risk of exposure to COVID-19.
You acknowledge and assume the risks and dangers described above with your Child being enrolled in a Program and engaging in such Activities. You have discussed the risks with your Child, who understands them and wishes to participate in the Program voluntarily. By using the Services, you understand and appreciate these dangers, hazards and other risks that are inherent in these activities, and you acknowledge that your child’s participation is voluntary and that you knowingly assume all such risks. You hereby expressly and specifically assume such risks, including any and all risk of injury, harm, or loss that you and your Child may incur as a result of participating in the Program.
3. Release And Waiver
Integem and its owners, officers, directors, subsidiaries, affiliates, licensors, licensees, shareholders, employees, contractors, volunteers, agents, facility providers, and other partners and representatives You hereby fully and forever release and discharge Integem Inc. and its owners, officers, directors, subsidiaries, affiliates, licensors, licensees, shareholders, employees, contractors, volunteers, agents, facility providers, and other partners and representatives (collectively, “Integem Representatives”), from, and expressly waive, any and all liability (including claims based upon negligence), claims, and demands of whatever kind or nature, either in law or in equity, including any and all claims related to damages or bodily injuries to you and/or your child, personal injury, illness including contracting COVID-19, death, property damage, or property loss that may result from you and/or your child's participation in the Program, and on or off the premises, whether caused by the negligence of Integem or otherwise.
You covenant not to make or bring any such claim or demand against Integem Representatives, and fully and forever release and discharge Integem from liability under such claims or demands.
To the extent that this release conflicts with state/provincial law governing releases, this release is to be given the fullest force and effect permitted under state/provincial law. Should any part of this contract be found invalid or not enforceable by a court of law, the remaining portion shall continue to be valid and in force.
4. Acknowledgement Of Health Care Procedures
For in-person programs, activities, or camps, you give permission to Integem to act according to their best judgment in any situation requiring medical attention for your child. This includes, but is not limited to, routine health care, administering prescribed medications and/or dispensing them, and seeking emergency medical treatment including ordering x-rays or routine tests. You agree to the release of any records necessary for insurance purposes. You acknowledge that it is your responsibility to provide medical insurance coverage for your child while participating in the activities.
Any costs of medical treatment provided to your child that are not covered by medical insurance will be your sole responsibility. You give permission to Integem to arrange necessary related transportation for your child. In the event you cannot be reached in an emergency, you hereby give permission to the physician selected by Integem to secure and administer treatment, including, but not limited to, hospitalization.
5. Your Use Of The Services
Subject to these Terms, Integem grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services. This includes access to Integem's patented technology, software, images, and data (collectively referred to as 'Integem Intellectual Property'). This license is strictly for personal, non-commercial use only and does not permit any commercial application or exploitation of Integem Intellectual Property. The rights granted under this license do not represent a transfer of title to any of Integem's intellectual property. All rights, title, and interest in and to the Services, including any patents, software, images, and data, remain the exclusive property of Integem and its affiliates.
Commercial Use Restriction:
To utilize Integem Intellectual Property for commercial purposes, including but not limited to the commercialization of patented technology, software applications, reproduction of images, or use of data, a separate, express license must be obtained from Integem. Unauthorized commercial use of any aspect of Integem Intellectual Property is strictly prohibited and will be enforced under federal and California state law. For information on obtaining a commercial use license and detailed terms governing commercial utilization of Integem Intellectual Property, please contact Integem directly.
This limited license is granted in compliance with and subject to applicable U.S. federal laws and California state laws. Should any part of this contract be found invalid or not enforceable by a court of law, the remaining portion shall continue to be valid and in force.
Integem partners with and uses the intellectual property of third-party organizations. You and your child agree to uphold the copyright and trademark rights of Integem, their partners, and any company whose products are used at an Integem Program.
You are prohibited from using data mining, robots, or any other data gathering and extraction tools in your use of the Services.
The Services are protected by copyright, trademark, patents, trade secret, other laws of the United States, and possibly by jurisdictions outside of the United States. Nothing in these Terms gives you a right to use Integem’s intellectual property, including but not limited to Integem’s name, Integem patents, or any of Integem’s trademarks, logos, domain names, other distinctive brand features, or copyrights.
The Services contain links to third party websites, software, applications, advertisers, services, or other content that is not owned or controlled by Integem, however, these may be accessed by your child while using the Services.
By using the Services, you expressly consent to your and/or your child’s use of such third party services, and acknowledge that we do not assume any responsibility for such third party sites, information, products or services. If you or your child access any third party websites, software, services or content from Integem, you do so at your own risk and agree that we will have no liability arising from your use of or access to any third party website, software, service or content, and you warrant that you have reviewed and agreed to the applicable terms of services and privacy policies relating thereto.
You may revoke this consent at any time by terminating your use of the Services, but you agree that by revoking your consent, you and/or your children may not enjoy all the benefits offered by our Services.
6. Limitation Of Liability
By using the Services you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful or objectionable.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, INTEGEM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL INTEGEM’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF TWENTY FIVE DOLLARS ($25.00) OR THE AMOUNTS PAID BY YOU TO INTEGEM FOR THE PAST TWELVE MONTHS FOR THE SERVICES.
THE LIMITATIONS IN THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND WHETHER OR NOT EITHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, INTEGEM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (I) COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT PROVIDED BY THE SERVICES (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT ANY CONTENT AND OTHER COMMUNICATIONS THROUGH THE SERVICES; AND (IV) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
8. CODE OF CONDUCT
To promote the best learning environment possible, all students and parents will be held to this Code of Conduct. Failure to comply with this Code of Conduct or engaging in actions or attitudes that seem to be harmful to the atmosphere, other participants, or staff, in the opinion of Integem can lead to removal from a Program or Program(s). Integem reserves the right to dismiss students from a Program and prevent a student from attending additional Programs without any prior warning for (1) violating any of the terms of this code of conduct, or (2) if Integem determines that a Program is not a suitable and/or productive environment for a student (this includes incidents in which a student does not have sufficient English language skills to participate in the Program; participation in courses requires a high level of English understanding). Refunds will not be given for students dismissed for failure of the student or the parent to abide by the Code of Conduct, or if it is determined that a Program is not suitable for a student. While Integem strives to maintain excellent relationships with students, in some rare cases, we may determine that Integem is not a compatible environment for every student.
Students and parents/guardians may NEVER:
Disrupt, bully, intimidate, or harass others;
Use inappropriate language (for example, students cannot use swear or curse words, racial, gendered, homophobic/transphobic, stereotypical, or culturally insensitive words, even if done in a joking manner);
View, display or post any inappropriate material (including sexual content, material depicting inappropriate violence, racism, bullying, etc.) during a Program;
Share Program information (including lesson plans, etc.) with third-parties, without permission from Integem; or
Contact instructors outside of the Program.
Students also may NEVER:
Engage in activities that can harm themselves or others, whether physically, psychologically, or morally.
Engage in Internet hacking;
Create an account on or log into third-party websites without the permission of their instructor;
Use false information to create an account on or log into third-party websites;
Share personal information with staff members or ask staff members for their personal information;
Share or create video or audio recordings of Integem staff or another student without the permission of Integem.
Students and parents/guardians MUST:
Follow directions/instructions of Integem personnel;
If online, ensure the student attends the Program in an appropriate, private setting;
Dress appropriately during the Program;
Only share material that is related to lessons and appropriate.
To ensure a productive and engaging learning environment, it is required that all students enrolling in our Programs have basic literacy and numeracy skills. Specifically, students must be able to recognize and understand letters from A to Z (both uppercase and lowercase) and count from 1 to 100. This foundational knowledge is essential for effective participation in our Programs.
Integem offers Programs for students Grades K-12. Therefore, students may interact and/or room with a student that is within this grade range including students over 18 years old. Please note the age range of the Program being registered for.
If a K-12 student is 18 years or older and participating in an In-Person Tech Leadership Program, they must successfully pass a criminal and sexual offender background check prior to being allowed to attend. Clients are responsible for all costs and fees associated with any background checks required for a student to attend.
Integem recognizes the importance of safety and self-sufficiency for all participants in our programs. Accordingly, we require that students be able to independently manage their personal care needs, including toileting, and maintain safe behaviors in the classroom. Students should be capable of refraining from behaviors such as placing objects in their mouths, self-injurious actions, using inappropriate language, hurting others, or wandering away from the designated areas, which could pose safety risks. Additionally, it is important for students to be able to engage in classroom activities without significant disruptions, such as speaking loudly to themselves or exhibiting behaviors that could be distracting or challenging for others in the learning environment.
We understand that some students with special needs may require assistance in meeting the above expectations. In these cases, it is necessary for the student to be accompanied by their own aide who can provide the required support and supervision to ensure the student's safety and to minimize disruption to other students. This aide must be capable of providing attentive, one-on-one assistance as needed, and be prepared to respond to the unique needs of the student they are supporting.
Integem courses are primarily visual and auditory in nature. For students with visual or severe hearing impairments, it is necessary to bring their own specialized aids to access the course content effectively. Integem does not provide these aids but welcomes students who have their own accommodation to participate in our programs.
If a student requires an accommodation to participate in an Integem Program, a parent/guardian must call Integem at 1-408-459-0657 or email email@example.com, no less than three weeks prior to your student's first day of the Program to arrange accommodations.
If a student requires an aide to participate in an Integem Program, the aide must be at least 18 years old and must be a licensed health care professional or a licensed caregiver in the state where the student participates in the program. The aide may not be a family member of the student. And if it is an In-Person Program, the aide must pass California Criminal Background Check via California Live Scan. The aid must present valid professional credentials. Clients are responsible for all direct costs, including background check processing fees, parking, and compensation for the aide's attendance.
9. Payment, Credit, Change & Cancelation Policy
Enrollment and Payment:
All financial transactions are quoted and processed in U.S. Dollars.
Full payment is due upon enrollment, or as per the Pay Over Time schedule, if applicable. Participation in camp programs is contingent upon full payment.
For the Pay Over Time option, automatic payments are scheduled as per the terms at registration. Failure of payment may lead to account cancellation, as per the terms below.
Change & Cancellation
Transfers to different sessions or locations are free until 21 days before the first camp start date, subject to availability.
Integem may limit changes or cancel programs due to operational reasons.
Refund and cancellation policies include:
Full refund within 24 hours of enrollment, if one week before the first camp start date. No refunds if registration occurs within one week of camp start or after the camp has started.
Until 21 days before the first camp start date, options for cancellation include:
Refund to your original payment method (minus $49 registration and $150/week cancellation fee).
Integem credit equal to your full payment, valid for 5 years.
No refunds or credits within 21 days of the first camp start date.
“First camp start date” refers to either the first day of the initially enrolled session, regardless of any changes, or the first day of the currently registered camp date, whichever comes earlier.
Cancelation By Integem
If Integem cancels a session, you have the option of either a 100% refund to your original payment method or a 110% credit for future camps, except if the original payment was made using camp credit or a gift certificate. In that case, you can only receive a 100% refund. The future camp credit is valid for 5 years.
If no camp is available within 20 miles of designated community, options include transfer at no cost or full refund.
Cancellations/Modifications Required by External Events Beyond Integem’s Reasonable Control
Integem shall not be liable to any customer for Integem’s need to cancel, modify or postpone camp as a result of events that are beyond Integem’s reasonable control (a “Force Majeure Event”). Integem incurs substantial non-recoverable costs and expenses of its own in planning, preparing, and pre-paying amounts for camps. Accordingly, if Integem cannot operate a camp as originally scheduled or it is interrupted due to any Force Majeure Event, customers will receive a credit for all monies paid, which must be redeemed for services in 5 years from the date the credit was issued. In the event of an interrupted camp program, the amount of the future camp credit will be pro-rated for the missed portions of the program. Cancellation, modification or postponement by Integem for causes described in this section shall not be a violation of its obligations to any customer and will not be deemed a “failure” to provide services.
Force Majeure Events include, but are not limited to, such “acts of God” or events as actual or threats of: (i) epidemics or pandemics, or other public health issues or emergencies (such as but not limited to the current COVID-19 pandemic); (ii) severe weather events or natural disasters such as but not limited to hurricanes, earthquakes, tsunamis, tornadoes, fires, floods, volcanic activity or landslides; war (whether declared or undeclared); (iii) terrorist activities; (iv) incidents of violence, riot, sabotage or civil commotion; (v) strikes or labor disputes or lockouts; (vi) government orders, sanctions, actual or potential quarantines, or other restrictions affecting activities in or around a camp location; (vi) chemical or radioactive contamination; (vii) any other reason that makes it actually or potentially impossible, such as power outage, internet outage, or water outage, or illegal for Integem to offer camp services as originally contracted; or (viii) unavailability of camp facilities due to (i)-(vii) above.
All certificates/vouchers are transferable, but they are non-refundable and not redeemable for cash. Certificates/vouchers must be redeemed at the time of registration. Certificates/vouchers are valid until the specified expiration date, without exception. They are valid for up to the amount issued, and any amounts not used are forfeited.
Promotions and Discounts
The Referral Program is an initiative to encourage and reward our existing customers for introducing new families to our services. Upon registration, customers are assigned a unique referral code, which they can share with potential new customers. If a customer does not have a referral code, they should contact firstname.lastname@example.org to obtain one. Alternatively, new customers can use the universal code FRIEND24, mentioning the referring customer's full name, their child's full name, or their email in the "Where did you hear about us?" section for proper attribution.
In terms of rewards, each referrer will receive a $25 bonus for every new family referred. This bonus can be received either as a cash refund or as an Amazon gift card. There is no limit on the number of families that can be referred. For the families being referred, they will benefit from a saving of $25 per week for each student they enroll. It should be noted, however, that the referral coupon is not stackable with other coupons.
Accuracy in providing the referrer's details is crucial for the referred families to ensure the referrer receives their due reward. The referral program is designed to mutually benefit both the referring individual and the referred families. It is important to remember that referral coupons are exclusive and cannot be combined with other offers. This program does not apply to siblings or existing customers of Integem, and is specifically applicable to Small Group Classes and In-Person Programs.
10. General Releases
Media Release: As a condition of participation, you authorize Integem and its partners to take photos, videos, images, audio, and testimonials of you and your student and agree that said content may be used by Integem in promotional materials, marketing collateral, and online media. These images, testimonials, photos, videos, and audio may be shared and used by corporate partners, the media, or other organizations that work with Integem. You also agree that all projects and work created by your student during an Integem Program may be used by Integem in promotional materials, online, and other print media, and may be shared and used by corporate partners, the media, or other organizations that work with Integem. You understand that Integem, its owners, agents, partners, facility providers, affiliates, employees, contractors, and volunteers will not be held liable for damages and injuries associated with use of any content released herein, including any and all claims based on negligence. You agree that all images, testimonials, photos, video, and audio taken at or in connection with an Integem Program are the sole and exclusive property of Integem, and that Integem has a royalty-free, perpetual license to use copies of all student work and projects created at an Integem Program.
Name and Likeness Release: As a condition of participation, you authorize Integem and the press to use your student's full name and likeness in print, radio, TV, and other mediums.
Project/Hardware Release: Some Integem Programs are project-based. In such instances, Integem will attempt to provide your student with the knowledge to produce a working project. Some Integem Programs include take home hardware. In those instances, Integem will send home a product or voucher for a product. However, there will be instances when a project or product or product voucher cannot be sent home, posted, or delivered, and you agree that Integem is not responsible if the game, project, product or voucher does not work properly and/or is not compatible with outside systems. You release Integem from any responsibility for failure to provide a copy of the project or product voucher, or a non-functioning/non-compatible/non-complete game, project, product voucher or product. Refunds will not be issued for not receiving products, product vouchers, or being provided a copy of the project, and/or non-functioning/non-compatible/non-complete projects, product vouchers or products. If you have issues with a product voucher or product, you must contact the manufacturer directly. Product vouchers only cover shipping within the continental U.S. Therefore, if you require the product to be shipped outside the continental US, you are responsible for all shipping and handling costs.
Software Accounts: Some Integem Program activities require creation and/or use of an online account or require an online account to be created for your student. You consent to create or have Integem to create account(s) as needed for your student to participate in Program activities. During non-instructional time, students may have access to websites that require accounts to be set up. While it is against Integem rules for students to set up accounts without their instructor's permission, there may be instances where a student may create an account without the knowledge of Integem or its employees. In such instances, you release Integem and its employees from any and all responsibility and liability for accounts created by your student without Integem's knowledge.
To the fullest extent permitted by applicable law, and as a condition of your access to, and use of, the Services, you agree to indemnify and hold harmless Integem Inc. and its owners, officers, directors, subsidiaries, affiliates, licensors, licensees, shareholders, employees, contractors, volunteers, agents, facility providers, and other partners and representatives (collectively, “Integem Representatives”), from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of the Services, (b) any breach of these Terms, (c) any claim or allegation that you have violated the intellectual property rights of other users or third parties, or (d) personal injury, accidents, illness (including COVID-19-related issues), and property loss arising from your or your child’s participation in any Integem program, activity or camp, at any location, in-person or online. Furthermore, you waive any and all claims and release Integem Representatives from liability for damage or loss incurred as a result of the actions or omissions of any third party while participating in any of the Services.
12. Dispute Resolution
You and Integem agree that any dispute, claim or controversy arising out of or relating to these Terms or to your use of the Services (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Integem each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding.
Further, unless you and Integem agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of the agreement contained in these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available athttp://www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration act will govern the interpretation of this section.
Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
Arbitration Location and Procedure. Unless you and Integem agree otherwise, the arbitration will be conducted in Cupertino, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Integem submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.
13. Governing Law and Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflict of laws provisions. Any claims, legal proceedings or litigation arising in connection with these Terms or the Services, for which the dispute arbitration provision below does not apply, will be brought solely in the federal or state courts located in Santa Clara County, California. You consent to the jurisdiction and venue in such courts and waive any objection as to inconvenient forum.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions (except as provided for under “Dispute Resolution”). This is the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter.
Neither these Terms nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. We may assign, transfer, or delegate these Terms or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
The Services are provided by Integem. You can contact Integem by email: email@example.com, Phone: +1-408-459-0657 or by writing to us at the following address:
20432 Silverado Ave., STE 210
Cupertino, CA 95014