Last Updated On: September 13, 2023
Ask Media Group, LLC ( “AMG”), directly or indirectly operates many websites (the “Sites”) offering search services and everyday useful content, such as Ask.com, Reference.com, Life123.com, Consumersearch.com, and Shop411.com, as well as downloadable search applications including browser extensions/add-ons which can be installed on your computer (the “Products and Services”). Click here for more info about AMG sites. Use of our Sites, Products, and Services are subject to these Terms of Service (“Terms of Service”). By using, downloading, installing and/or accessing the Sites, Products, and Services, you are deemed to accept and be bound by these Terms of Service, INCLUDING A MANDATORY CLASS ACTION WAIVER AND ARBITRATION AGREEMENT CONTAINED IN SECTION 14 BELOW. If you do not accept these Terms of Service, please discontinue using the Sites, Products and Services. The Terms of Service applies regardless of the type of device used to access the Sites, Products and/or Services (e.g., personal computer, a mobile device or any other technology or software known today or developed in the future).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING, DOWNLOADING, INSTALLING OR ACCESSING THE SITES, PRODUCTS, AND SERVICES.
The Sites, Products and Services are offered from the United States of America and, regardless of your place of residence or access location, your use of them is governed by the laws of the State of California, USA. AMG makes no representations that the Products and Sites are appropriate for use in other locations or are legal in all jurisdictions. Those who access or use the Products and Sites from other locations do so at their own risk and consent to the transfer and processing of their data in the United States of America and any other jurisdiction throughout the world. As a U.S. company, these Terms of Service are provided in English. Translations to certain other languages may be available and can be requested by contacting us here.
These Terms of Service may change from time to time, without any notice other than posting on the relevant page. Your continued use of a Site, Product or Service following our posting of changes constitutes your acceptance of any such changes. Please check this page from time to time for current Terms of Service.
Links to the various sections in these Terms of Service are provided below for your convenience.
- Your License to Access Content on Site
- Age Restriction
- Code of Conduct
- Use the Site and Services at Your Own Risk
- Modifications to the Services
- Termination of Your Access to the Services
- Limitation of Liability
- Copyright and Trademark Protection
- Notice for Claims of Copyright Infringement
- Applicable Law
- Binding Arbitration and Class Action Waiver
- Severability of These Terms of Service
- Limitation of Actions Brought Against AMG
- Third Party Beneficiaries
- Section Titles
- Contact Information
All right, title and interest to the content displayed on the Sites, including but not limited to the Sites’ look and
feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service
marks, trade names, URLs and content provided by third parties, are the property of AMG, or the respective third
parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. Any such content
may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute,
disseminate, sell, publish, broadcast or circulate any such material without the written permission of AMG or the
appropriate third party. You are not granted any other license or right (including by implication, by estoppel or
otherwise), with respect to the Sites, Products and Services, or any content accessible through the Sites, Products
and Services. Any rights not expressly granted in these Terms of Service are reserved by AMG.
In your use of the Sites, Products and Services, you agree to comply with all applicable laws including those regarding the transmission of technical data exported from the United States or the country in which you reside.
The Sites, Products and Services are not intended for children under 16 years of age. You hereby represent and warrant that you have the required age to use the Sites and Services.
NOTICE TO PARENTS AND GUARDIANS of children under 16 years of age: By granting your child permission to download and access the Sites, Products and Services, you agree to the terms of this Terms of Service on behalf of your child. You are responsible for exercising supervision over your children’s online activities. If you do not agree to this Terms of Service, do not let your child use and access the Sites, Products and Services or associated features. If you are the parent or guardian of a child under 16 and believe that they are using the Sites, Products and Services, please contact us here.
When using any portion of and/or functionality on or through the Sites or Services, you agree to abide by the following Code of Conduct.
You may not:
- Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Sites, Products or Services;
- Remove or obscure the copyright notice or other notices displayed in connection with the content accessible through the Sites, Products or Services;
- Interfere with or disrupt the functionalities of the Sites, Products or Services, or servers and networks connected to Sites or Products, or disobey any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Sites;
- Modify the Sites, Products or Services in any manner or form, or use modified versions of the Sites, Products or Services, including (without limitation) for the purpose of obtaining unauthorized access to the Sites, Products or Services;
- Reproduce, print, cache, store or distribute content retrieved from the Sites, Products or Services in any way, for any commercial use without the prior written permission of AMG;
- Sell, assign, sublicense, or otherwise transfer any right in the Services or content accessible through the Sites;
- Access the Sites or Services by any means other than through the interface that is provided by AMG;
- Violate the restrictions in any robot exclusion headers on the Sites or in the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Sites or Services;
- Collect or store personal data about other users of the Sites, Products and Services;
- Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
- Use the Sites, Products and Services to violate any law (whether local, state, national, or international), whether or not intentionally;
- Install the Products on any computer without permission from the owner of that computer.
- Collect or extract data through any robot, bot, software or other automated method, otherwise “scrape” data posted on or through the Sites, Products or Services, or manually extract data from the Sites, Products or Services for any commercial purpose, or authorize any third party to do any of the foregoing.
You may not send automated queries of any sort to the Sites, or through the Products including using any software which sends queries to determine how a website or webpage “ranks” for various queries, “meta-searching”, and performing “offline” searches on the Sites.
You agree not to use the Sites, Products or Services to:
- Post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification or otherwise objectionable in any way;
- Harm or threaten to harm anyone in any way;
- “Stalk” or otherwise harass any other person or entity;
- Impersonate any person or entity (including an AMG agent), or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Post, email or otherwise transmit any illegal, unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- Disseminate or transmit any content that (i) violates any law (whether local, state, national, or international), (ii) infringes or violates any copyright, trademark, trade secret, patent or any other proprietary right (including, but not limited to, using third party copyrighted materials or trademarks without appropriate permission or attribution), or (iii) includes third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
- Post, email or otherwise transmit any submission that infringes any intellectual property and/or proprietary rights of any party;
- Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies; or post any material that contains software viruses or any other computer code, files, programs or other similar technologies designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Manipulate identifiers in order to disguise the origin of any content or comment you post on or through the Sites and Services;
- Post any content that would violate the personal privacy rights of others, including but not limited to revealing personal or private information about others without their permission; or
- Facilitate violations of these Terms of Service or the Sites’ Privacy Policies
AMG reserves the right to take any action it deems appropriate if it determines, in its sole and absolute discretion, that you have engaged in any of these practices or otherwise violated these Terms of Service. Such action may include terminating your license to access the Sites or use the Services or initiating civil or criminal legal proceedings.
The Sites, Products and Services include links to other websites or resources and may integrate, be integrated into, bundled, or be provided in connection with third-party services and/or social networks. Internet transmissions are never completely secure. Because AMG has no control over third party sites and resources, you acknowledge and agree that AMG is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which AMG has no control and which will govern your rights and obligations with respect to the use of those websites.
The Sites, Products and Services may use YouTube’s API to display third-party videos in connection with the Sites, Products and Services. By using the Sites, Products and Services you agree to be bound by the YouTube’s Terms of Service (https://www.youtube.com/t/terms).
To offer use of the Sites, Products and Services to its users for free, AMG allows advertisers to display advertisements or other promotional content on the Sites. Your dealings with advertisers and third party vendors found on or through the Sites, Products and Services, including your participation in promotions, purchase of goods and services, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party advertiser or vendor. AMG does not make any representations or warranties with respect to any goods, services or websites that appear in advertisements or promotional content, and you agree that AMG will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, through advertisers and/or third party vendors.
You understand that there is an inherent risk in submitting content to the Sites, Products and/or Services, and that any communications may be subject to interception by a third party.
If you are installing or using a version of the Sites, Products or Services that includes third-party features and functionalities or accesses third-party content, such third-party features, functionalities and content are subject to such third-party’s terms of service. AMG has no control over such websites and resources. You acknowledge and agree that AMG is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that AMG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any goods or services available on or through any external website, social network or resource. Your use of external websites or resources is at your own risk.
You understand that by using the Products and/or Services, you may be exposed to content that is offensive, indecent or objectionable. In addition, if you rely on the accuracy, completeness, or usefulness of any linked third party websites or resources, you do so solely at your own risk. Under no circumstances will AMG be liable in any way for such content, including, but not limited to, for any errors, omissions or misrepresentations in any linked third party website, or for any loss or damage of any kind incurred by you as a result of your use of, or reliance on, or any linked third party website.
You acknowledge that AMG is a provider of interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. § 230 and an online intermediary service as set forth in Regulation (EU) 2022/1925 and the e-Commerce Directive 2000/31/EC, and expressly reserves its rights to not be treated as the publisher or speaker of any information accessible via the web search functionality of the Sites or through any third party advertisements or additional content discoverability features.
You acknowledge, consent, and agree that AMG may access, preserve, and disclose your information and/or any content you submit or make available through the Sites, Products and/or Services, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms of Service; (3) to respond to claims that any content violates the rights of third parties; (4) to protect the rights, property, or personal safety of AMG, its users, and the public; or (5) to respond to your requests for customer service.
AMG reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Sites, Products or Services (or any part thereof) with or without notice. You agree that AMG will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of any or all of the Sites, Products or Services.
We may terminate your use of the Sites, Products and/or Services or any other features in our sole discretion due to: (i) your violation of these Terms of Service and/or any Additional Terms or other applicable guidelines; (ii) if we consider, in our sole discretion, that (a) certain comments you have posted are inappropriate and/or do not meet any applicable guidelines, (b) your use of the Sites, Products or Services or your behavior does not meet our standards or violates any applicable guidelines or (c) you have otherwise violated these Terms of Service. You agree that any termination of your access to the Sites, Products, Services or any additional features may be effected without prior notice, and acknowledge and agree that AMG may immediately delete all related information and/or bar any further access to the Sites, the Products the Services or any additional features. Further, you agree that AMG shall not be liable to you or any third party for the discontinuation or termination of your access to the Sites, the Products, the Services or any additional features.
BY USING THE SITE, PRODUCTS AND SERVICES YOU UNDERSTAND AND AGREE THAT:
- THE SITES AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. AMG IS NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE SITES.
- YOUR USE OF THE SITES, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AMG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- AMG MAKES NO REPRESENTATION OR WARRANTY THAT THE SITES, PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, OR THAT THE SEARCH RESULTS OR CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE SITES, PRODUCTS AND SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE.
- ANY MATERIAL OBTAINED BY YOU THROUGH USE OF THE SITES OR SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OR USE OF ANY THIRD PARTY SOFTWARE OR MATERIAL. AMG EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO SERVICES PROVIDED BY THIRD PARTIES.
- THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SITES, PRODUCTS AND SERVICES REMAINS SOLELY WITH YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AMG, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL OR OTHER INTANGIBLE LOSSES, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM:
- THE USE OF, OR THE INABILITY TO USE, THE SITES, PRODUCTS OR SERVICES,
- THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES,
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA,
- THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES,
- RELIANCE ON CONTENT OR POSTINGS ON THE SITES, OR
- ANY OTHER MATTER RELATING TO THE SITES OR SERVICES.
THESE LIMITATIONS WILL APPLY WHETHER OR NOT AMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE AMG SITE, PRODUCTS OR SERVICES, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
You agree to indemnify and hold AMG, its parent company, and affiliates, and their officers, directors, employees and agents, harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with (a) any content you post, display or otherwise transmit through the Sites, Products or Services, (b) your use of or reliance on the Sites, Products or Services, (c) your connection to the Sites, Products or Services, (d) your violation of these Terms of Service, any other applicable guidelines, or (e) your violation of any rights of another party. You agree to immediately notify AMG of any breach of security known to you.
AMG owns all right, title and interest in and to the Sites, the Products and Services as well as our logos, tradenames, and trademarks, as well as copyright in the selection, coordination, arrangement and enhancement of the Sites, Products and Services (“AMG IP”). The AMG IP is protected under U.S. and international intellectual property laws (including, without limitation, copyright and trademark). The AMG logos appearing on the SItes and Products are the exclusive property of AMG and/or our affiliates. All other trademarks appearing on the AMG Sites and Products are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Sites, Products and Services. The AMG IP, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Sites, Products and Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the AMG IP without our express prior written consent. Our partners may also have additional proprietary rights in the content that they make available through the Sites, Products and Services. Except as otherwise allowed under these Terms of Service, you agree not to copy, display, or use the AMG IP in any manner without AMG’s prior written permission. To seek permission to use any of the AMG IP, please contact us here.
A. Copyright Protection of Content You Display Using Our Sites, Products and Services. You are solely responsible for any content you contribute, submit or display on or through your use of the Sites, Products and Services. It is your obligation to ensure that such content, including photos, text, video and music files, is not violating any copyright. You must either own or have a license to use any copyrighted content that you contribute, submit or display.
B. Content You Submit. Unless otherwise set forth at the point of submission, you retain ownership of all rights in any content that you submit, through the use of the Sites, the Products and Services. However, you grant us permission to use such content in any way we see fit, for instance for the purposes of marketing and/or promotion of the Sites, the Products and Services. If, at our request, you send content (such as contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), none of the Submissions shall be subject to any obligation of confidence on the part of AMG, and AMG shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, AMG shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
C. AMG Copyright Protection Policy. AMG respects the intellectual property rights of others and requires those that visit the Sites and use the Products and Services to do the same. AMG may, in appropriate circumstances and at our discretion, remove or disable access to material on the Sites, Products or Services that infringes upon the copyright rights of others. AMG also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the Sites or users of our Products or Services repeatedly infringe on others’ copyrights, AMG may in its sole discretion terminate those individuals’ rights to use the Sites and/or Services pursuant to our Digital Millennium Copyright Act repeat infringer policy.
If you believe that your work has been used on the Sites or in connection with the Products and Services in any manner that constitutes copyright infringement, please notify AMG’s copyright agent by written notice. The notice should include the following information:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
- Identification of the location on the Sites or Services of the material you claim has been infringed (by copying the URL of the relevant page), or the link or reference to another website that contains the material you claim has been infringed;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
- A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf.
The best way to submit a copyright infringement notice and takedown request is to contact us here. The mailing address for Ask.com copyright agent for notice of claims of copyright infringement on the Site and/or in connection with the Services is:
Ask.com Copyright Agent, Attn: Legal Department, 1955 Broadway, Suite 350, Oakland, CA 94612
These Terms, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of California, including California's statutes of limitations governing your claim, without giving effect to its principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 14, the Class Action Waiver and Arbitration Agreement.
Unless you and we agree otherwise, in the event that the Class Action Waiver and Arbitration Agreement is found not to apply to you or to a particular claim or dispute, or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and AMG must be resolved exclusively by a state or federal court located in the State of California. You and AMG agree to submit to the personal jurisdiction of the courts located within the State of California for the purpose of litigating all such claims or disputes.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. YOU WILL NOT HAVE THE RIGHT TO HAVE YOUR CLAIMS HEARD BY A JURY.
ANY ARBITRATION AWARD PURSUANT TO THIS PROVISION IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT INCLUDING LIMITED RIGHTS TO APPEAL THE ARBITRATION AWARD.
14.1 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND AMG AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. UNLESS BOTH YOU AND AMG EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AGAINST AMG AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED DOES NOT ENTITLE OTHER AMG USERS TO SIMILAR RELIEF. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision in these Terms shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
14.2 Agreement to Arbitrate
This Section 14 is referred to in these Terms as the “Arbitration Agreement”. By installing a Product and/or using the Products, Sites and Services, you agree that all claims relating to or arising out of the Products, Sites and Services or these Terms or the breach thereof, whether sounding in contract, tort, or otherwise that have arisen or may arise between you and AMG or its parent company and affiliates, shall be resolved exclusively through final and binding arbitration in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
14.3 Pre-Arbitration Dispute Resolution
AMG is always interested in resolving disputes amicably and efficiently. You and AMG agree that good faith informal efforts to resolve claims and disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and AMG therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), you and AMG will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any claim or dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The party initiating a Dispute must give written notice to the other party of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), and the Informal Dispute Resolution Conference shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to AMG that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to Ask Media Group, LLC., Attn: Legal Department, 1955 Broadway, Suite 350, Oakland, CA 94612. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address ; (2) the name, telephone number, mailing address and e‐mail address of counsel, if any; and (3) a detailed description of your claim together with substantiation of the facts on which you base your claim.
In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s claim. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
14.4 Arbitration Procedures
If the Informal Dispute Resolution Process described above does not resolve satisfactorily within sixty (60) days after receipt of the Notice, you and AMG agree that the claim or dispute shall be finally resolved through binding arbitration. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of JAMS that are in effect at the time the arbitration is initiated (collectively referred to as the “JAMS Rules”), as modified by this Arbitration Agreement, and excluding the JAMS Class Action Procedures. For information on JAMS, please visit its website available at https://www.jamsadr.com/. Information about JAMS’s Rules and fees for consumer disputes can be found at the JAMS consumer arbitration page available at https://www.jamsadr.com/rules-comprehensive-arbitration/. If there is any inconsistency between the JAMS Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms, including without limitation, the limitation of liability provisions in Section 9 of these Terms.
If your claim has not been resolved through the Dispute Resolution Conference, you may commence an arbitration against AMG by writing a demand for arbitration that includes: (1) the name, telephone number, mailing address, and e‐mail address of the party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. You can find a sample Demand for Arbitration at www.jamsadr.com. You should send three copies of the Demand, plus the appropriate filing fee, to JAMS at Two Embarcadero Center, Suite 1500, San Francisco, CA 94111, and send one copy to AMG, Inc., Attn: Legal Department, 1955 Broadway, Suite 350 Oakland, CA 94612. For more information, see the JAMS arbitration rules and forms, https://www.jamsadr.com/rules-download/. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.
The arbitration shall be held in San Francisco or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or AMG may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and AMG subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or AMG, unless the arbitrator requires otherwise.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. 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 written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users of Products, Services and Sites.
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 JAMS’ roster of arbitrators with experience in consumer and/or internet industry disputes. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then JAMS will appoint the arbitrator in accordance with the applicable JAMS rules, provided that if the Batch Arbitration process is triggered, JAMS will appoint the arbitrator for each batch.
14.5 Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS Rules, unless otherwise provided in this Agreement to Arbitrate. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse AMG for all fees associated with the arbitration paid by AMG.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
14.7 Limited Rights to Appeal
Once the arbitrator has rendered their award, it is binding on the parties and it is not possible to appeal an arbitration award to a court on the usual appellate grounds under federal or state laws. Under JAMS Rules, there are only very narrow grounds on which parties may appeal an arbitration award.
14.8 Future Changes to this Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, you and AMG agree that if AMG makes any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, such change shall not be effective until at least 60 days from the date of posting, and shall not apply to any claim that was filed in a legal proceeding against AMG prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the publication of the version of these Terms removing the Arbitration Agreement on the Site, and shall not be effective as to any claim that was filed in a legal proceeding against AMG prior to the effective date of removal.
If any provision of these Terms of Service is found by a court or other binding authority to be invalid, the remaining provisions contained in these Terms of Service shall continue in full force and effect.
You agree that any claim or cause of action arising out of your use of the Sites, Products or Services or these Terms of Service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by AMG to enforce or exercise any provision of these Terms of Service or any related right shall not constitute a waiver of that right or provision.
You agree that, except for AMG and as otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries to this agreement.
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
If you have any questions or concerns with respect to these Terms of Service or Sites and Services, please contact us here.