These Terms of Use (“Terms”) are between you and Industria Optica Rodenstock Chile S.A. and its affiliated entities (“Rodenstock”, “we” or “us”). These Terms apply to Rodenstock’s websites, and other digital platforms where they are posted, and set forth the terms and conditions upon which Rodenstock makes such websites and other digital platforms, and their contents, features, products and services (collectively and individually, the “Digital Services”) available to you.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE DIGITAL SERVICES. UNLESS YOU OPT OUT FOLLOWING THE PROCEDURES BELOW, YOU WILL BE BOUND BY AN ARBITRATION AGREEMENT (SEE SECTION 21 “DISPUTES WITH RODENSTOCK”) REQUIRING YOU TO RESOLVE ALL DISPUTES WITH RODENSTOCK TO BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, SUBJECT TO LIMITED EXCEPTIONS, AND REQUIRING YOU TO WAIVE CLASS ACTIONS, JURY TRIALS, AND OTHER COURT PROCEEDINGS OF ANY KIND.
Portions of the Digital Services provide general information about vision, vision care and vision correction. As further described in Section 18, this information is not medical advice, nor is it intended to be a source of or substitute for medical advice. Please consult your healthcare provider for any medical questions or concerns. IF YOU SUSPECT THAT YOU HAVE A VISION PROBLEM OR MEDICAL CONDITION REQUIRING ATTENTION, CONTACT A QUALIFIED PROFESSIONAL AS SOON AS POSSIBLE. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
1. Your Contract with Rodenstock. These Terms are a contract between you and Rodenstock. BY USING OR BROWSING THE DIGITAL SERVICES, BY CLICKING ON A BUTTON OR BOX MARKED “I AGREE” OR “I ACCEPT”, OR BY TAKING OTHER ACTIONS THAT INDICATE YOUR ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE DIGITAL SERVICES. We reserve the right at any time, with or without notice to: (i) modify or terminate the Digital Services, or any portion thereof; and (ii) suspend or terminate your access to the Digital Services or any portion thereof for any reason, including if you violate, or if we have reasonable grounds to suspect that you have violated, these Terms.
2. Modifications to the Terms. We may amend these Terms at any time by posting a revised version on the Digital Services. Except as otherwise expressly provided herein, the revised version will be effective at the time we post it.
3. Additional Terms. Some Digital Services may be subject to additional terms and conditions, such as click-through agreements that require your acceptance, official rules for promotions, and policies (“Additional Terms”). Such Additional Terms, which are incorporated by reference into these Terms, are intended to supplement, not replace, these Terms. However, to the extent of any conflict between any applicable Additional Terms and these Terms, the Additional Terms will prevail.
4. Privacy. Rodenstock’s use of your information is governed by our Privacy Policy, which is incorporated by reference into these Terms.
5. Accounts, Password and Security. Some portions of our Digital Services may permit or require you to create an account. You are responsible for maintaining the confidentiality of your account username and password. You should not permit others to use your account and you may not use anyone else’s account at any time. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We reserve the right to take any and all actions we deem necessary or reasonable to help ensure the security of the Digital Services and your account, including terminating your account. Notwithstanding the above, you are responsible for all activities that occur under your account and we may rely on the authority of anyone accessing your account or using your password. Rodenstock shall not be liable for any damages resulting from: (i) any action or inaction of Rodenstock under this provision; (ii) any compromise of the confidentiality of your account or password; and/or (iii) any unauthorized access to your account or use of your password.
6. License. Conditioned upon your compliance with these Terms, Rodenstock grants you a limited, revocable, non-exclusive license to access, use and display the Digital Services, and download and print the material on the Digital Services, solely for your non-commercial personal use and for no other purposes unless we specifically and expressly state otherwise. Rodenstock reserves all rights in and to the Digital Services not expressly granted to you under these Terms.
7. User Generated Content. The Digital Services may offer opportunities to provide ratings, reviews, participate in an online forum, blog or other service (collectively, the “Online Community”) in which your comments and contributions are available to other users of the Online Community. You must be 18 to participate in our Online Community. Please remember that your User Generated Content may be publicly available and Rodenstock is under no obligation to treat it as confidential or private.
If you choose to participate in our Online Community, you may post or submit truthful and accurate ratings, reviews, comments, photos, and other content (collectively “User Generated Content”), as allowed for the particular Online Community, so long as your User Generated Content does not violate these Terms, is not illegal, obscene, vulgar, deceptive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, email addresses, URLs, phone numbers, physical addresses or other forms of contact information, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of any User Generated Content. Your conduct should be guided by common sense and basic etiquette.
If we or our representatives provided you with a product, prize or compensation, you must disclose this fact in all User Generated Content. You must also disclose if you are an employee, vendor, supplier or are otherwise connected to Rodenstock if you are writing about any Rodenstock product or service in your User Generated Content.
Any opinions, advice, statements or other information provided or made available by third parties in the Online Community are those of the respective authors and not of Rodenstock. Rodenstock takes no responsibility and assumes no liability for any User Generated Content posted by you or any third party. You agree that you are responsible for any User Generated Content that you post or submit, and for any consequences thereof. We have the right, but not the obligation, to monitor, edit, to not post and/or to remove any User Generated Content.
8. License and Indemnity for Your User Generated Content. Unless we indicate otherwise, if you post or submit User Generated Content, you hereby grant Rodenstock a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, print, transmit, translate, index, create derivative works from, distribute, display and otherwise exploit such User Generated Content throughout the world in any media or format, now known or hereinafter devised without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any third party. You hereby grant Rodenstock and its representatives and sublicensees the right to use the screen name or other name that you submit in connection with such User Generated Content, if we or they choose. By submitting User Generated Content, you agree that you are waiving the benefit of any provision of law known as “moral rights” or similar laws.
You represent and warrant: (i) that you own or otherwise control all of the rights in and to your User Generated Content and have all permissions necessary to license the above rights to Rodenstock; and (ii) that your User Generated Content is accurate, does not violate any applicable law, rule or regulation, does not violate these Terms, and will not cause injury to any person or entity. You agree to indemnify and hold harmless Rodenstock, its affiliates, and their directors, officers and employees from all claims resulting from User Generated Content that you post or submit.
9. Your Conduct. Whenever you provide us with information, including when you create an account, you agree to: (i) provide true, accurate, current and complete information; and (ii) maintain and promptly update such information to keep it true, accurate, current and complete.
You agree not to propose ideas, concepts, methods or techniques for new or proposed services or products through the Digital Services. However, should you do so, you hereby grant to Rodenstock a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use the content of such communication in any manner whatsoever.
You also agree not to: (i) access or attempt to access any information, documents or material by working around any technical limitations in the Digital Services that limit your use of or access to the Digital Services; (ii) disrupt or interfere with the security of, or otherwise cause harm to, the Digital Services, including systems resources, accounts, passwords, servers or networks connected to or accessible through the Digital Services or any affiliated or linked websites, applications, materials, documents or services; (iii) access or use the Digital Services in any manner that could damage, disable, overburden or impair any server or network; (iv) infringe any intellectual property rights or other rights; (v) post or otherwise submit any software, programs or files that are harmful or disruptive to any equipment, software or other property, including corrupted files, time bombs, Trojan Horses, viruses and worms; (vi) create a false identity for the purpose of misleading Rodenstock or others or use any Rodenstock domain name as a pseudonymous return email address; (vii) disrupt, interfere or inhibit any other user from using and enjoying the Digital Services; (vii) violate any applicable laws or regulations related to the access to or use of the Digital Services; (ix) violate these Terms; (x) prepare, compile, scrape, harvest, download or otherwise use or copy any user information, usage information or any other information, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party; (xi) transmit unsolicited or bulk communications to any Rodenstock account holder or to any Rodenstock affiliated e-mail address or engage in any chain letters, contests, junk e-mail pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise); (xii) violate the rights (including rights of privacy and publicity) of Rodenstock or any third party or abuse, defame, harass, stalk or threaten another; and/or (xiii) use any robot, spider, or other such programmatic or automatic device, including automated dial-in or inquiry devices, to obtain information from the Digital Services or otherwise monitor or copy any portion of the Digital Services.
10. Shipping. Delays resulting from the carrier are not the responsibility of Rodenstock. We reserve the right to deny refunds, replacements or exchanges for shipments that are undeliverable or mis-delivered due to your error or the carrier’s error.
11. Product Descriptions. We have made every effort on the Digital Services to display the dimensions, features and colors of our products as accurately as possible. However, the colors you see in our products will depend on your monitor or other display and we cannot guarantee that colors will be accurately displayed. We do not warrant that the product descriptions are accurate, complete, reliable, current or error-free.
12. Typographical Errors. Rodenstock will not be liable for typographical errors, including incorrect prices, on the Digital Services and we reserve the right to refuse or cancel any order or service in the event of a typographical error.
13. Third Party Services, Content and Websites. The Digital Services may integrate or contain services and content provided by third parties and may contain links to websites and digital platforms operated by third parties. Rodenstock does not control and shall have no responsibility or liability for such services, content, websites and digital platforms, which you access and use at your own risk. You should review the terms of use and privacy policy applicable to each service, website and digital platform you access or use.
14. Links to the Digital Services. You are expressly prohibited from framing, linking or otherwise using or displaying the Digital Services so that they appear to be part of your own or someone else’s website or digital platform.
15. Copyrights and Trademarks. Rodenstock and other trade names, marks, logos, graphics, and trade dress used on the Digital Services are the trademarks of Rodenstock or third parties, and may not be used in any manner (including in “meta-tags” or “hidden text”) without our prior written approval. Except where explicitly noted otherwise, all content on the Digital Services is copyrighted and protected under national laws and international treaties throughout the world. You may not copy or use the Digital Services, or any portion thereof, in any manner without our prior written approval. The Digital Services may also contain content that is subject to the copyright and other rights of third parties.
16. Digital Millennium Copyright Act Notice. We respect the intellectual property rights of others. If you believe that your work has been posted on the Digital Services in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Digital Services where the material that you claim is infringing is located; (iii) your address, telephone number, and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Rodenstock’s designated agent for notice of copyright infringement is: legal@rodenstock.us.
It is our policy to terminate in appropriate circumstances account holders who are repeat infringers.
17. No Insurance Reimbursement. Rodenstock items and services are not intended for reimbursement by any third-party payor. You should not submit any claims for payment to, or otherwise seek reimbursement from, any third party, including any commercial or government payor, such as Medicare and Medicaid, for Rodenstock items and services.
18. Disclaimer of Content. Portions of the Digital Services provide general information about vision, vision care, and vision correction. This content is intended for informational purposes only, to be used as a general educational aid, and should not be used to replace a relationship with your eye care professional (“ECP”) or other healthcare professionals. We do not provide medical advice or professional healthcare advice, the Digital Services do not constitute medical advice, and the Digital Services should not be used as a source of or substitute for such advice. Nothing contained in the Digital Services is intended to be used for medical diagnosis or treatment. If you suspect that you have a vision problem or medical condition requiring attention, contact a qualified professional as soon as possible. If you are experiencing a medical emergency, call 911 immediately. Never delay obtaining medical or professional healthcare advice or disregard medical or professional healthcare advice because of something you have or have not read in the Digital Services.
We do not direct or control the treatment decisions made by your ECP or other healthcare professionals, and we are not in any way responsible for their actions or inactions.
19. Eye Care Professional Locator. Although the Digital Services may provide you with the ability to locate ECPs offering Rodenstock products through a “Find Optician” or similar ECP locator feature (individually and collectively, “ECP Locator”) and may offer information and other content provided by ECPs and other healthcare professionals, your use of the Digital Services does not create a healthcare professional-patient relationship or a doctor-patient relationship with any ECP or other healthcare professional.
Rodenstock does not represent that this is a complete and accurate list of ECPs. ECPs are required to keep the information contained in the ECP Locator regarding their practice reasonably current and accurate. However, such information is supplied by third parties and is not independently verified by Rodenstock. We make no representations or warranties of any nature with respect to such information, including the implied warranties of merchantability and fitness for any particular purpose. We urge you to verify the accuracy of this information with appropriate sources, such as the ECP’s office, state medical or professional licensing boards, and relevant professional associations.
The ECP Locator is provided as a convenience to consumers to enable them to locate ECPs offering our products. Any other use is strictly prohibited. WE DO NOT ENDORSE OR RECOMMEND, OR MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE SERVICES PROVIDED BY ANY INDIVIDUAL ECP, ECP PRACTICE, OR ECPS REFERENCED OR LISTED ON, OR ACCESSIBLE THROUGH, THE ECP LOCATOR OR OTHER PORTIONS OF THE DIGITAL SERVICES. Rodenstock has no vested interest in any specific ECP. Exclusion from the ECP Locator does not indicate our disapproval of any ECP.
YOU ARE SOLELY RESPONSIBLE FOR CHOOSING YOUR ECP AND OTHER HEALTHCARE PROFESSIONALS. YOUR USE OF THE ECP LOCATOR AND DIGITAL SERVICES IS AT YOUR OWN RISK. We shall not be liable to you or others for any decision made or action taken in reliance on the information obtained from the ECP Locator or the Digital Services.
20. Disclaimer. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, (i) THE DIGITAL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND RODENSTOCK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE DIGITAL SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT AND WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; (ii) RODENSTOCK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE DIGITAL SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED OR ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR THAT DEFECTS WILL BE CORRECTED; (iii) RODENSTOCK IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENT THE DIGITAL SERVICES; AND (iv) YOU ASSUME TOTAL AND SOLE RESPONSIBILITY AND RISK FOR YOUR USE OF THE DIGITAL SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSIONS OR LIMITATIONS SET FORTH ABOVE, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
21. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, IN NO EVENT SHALL RODENSTOCK, ITS AFFILIATES, EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS AND SUPPLIERS BE RESPONSIBLE OR LIABLE FOR PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS, LOST REVENUES, LOSS OF DATA, LOST BUSINESS OPPORTUNITIES AND/OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING IN ANY WAY TO THE DIGITAL SERVICES, OR UNAUTHORIZED ACCESS TO OR USE OF THE DIGITAL SERVICES OR RODENSTOCK’S SERVERS, OR ANY PERSONAL, FINANCIAL OR OTHER INFORMATION STORED THEREON OR IN TRANSIT THERETO, WHETHER BASED IN TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER RODENSTOCK WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE DIGITAL SERVICES IS TO STOP USING THE DIGITAL SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. The limitations and disclaimers in these Terms do not limit liability or alter your rights as a consumer that cannot be excluded or limited under applicable law, including New Jersey law. Any provisions concerning the exclusion or limitation of certain damages in the Terms are not applicable in New Jersey with respect to punitive damages, loss of data, and loss of or damage to property.
22. Export Restrictions. Any software and all underlying information and technology downloaded from the Digital Services (collectively the “Software”) by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (“EAR”, 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws, both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any county, or to any person, entity, or end-user subject to U.S. export controls, including persons or entities listed on the U.S. Department of Commerce Bureau of Industry and Security Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
23. Disputes with Rodenstock (“Arbitration Agreement”). You and Rodenstock agree that any claim or dispute at law or equity that has arisen or may arise between us (“Disputes”) will be resolved in accordance with the Arbitration Agreement set forth in this Section. Please read this Section carefully. It affects your rights and will impact how claims you and Rodenstock have against each other are resolved.
23.1 Contact Rodenstock First. We want to learn about and address your concerns and, if we are unable to do so to your satisfaction, provide you with a neutral and cost effective means of resolving any dispute quickly. Please contact us regarding any concerns related to the Digital Services. In the event of a Dispute, you and Rodenstock each agree to send the other party a written notice of Dispute stating the name, address, and contact information of the party giving notice; the facts giving rise to the Dispute; and the relief requested (“Notice of Dispute”). You must send any Notice of a Dispute by email to legal@rodenstock.us. We will send any Notice of Dispute to you at the email address or mailing address we have for you, if any. You and Rodenstock agree to attempt to resolve any Dispute through informal negotiation within 30 days after the Notice of Dispute is received. After the end of that 30-day period and not before, you or Rodenstock may commence an arbitration proceeding as set forth in this Arbitration Agreement. Notwithstanding the foregoing, for any individual action in small claims court, you and Rodenstock shall not be required to attempt to first resolve the Dispute through informal negotiation.
23.2 Mandatory Individual Arbitration. All Disputes, including those relating to the Digital Services and the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of the Terms and this Arbitration Agreement, whether such Disputes arose before, on, or subsequent to you entering these Terms, and if not resolved through the informal dispute resolution procedure outlined above (see Section 21.1), shall be exclusively resolved by individual, binding arbitration in accordance with this Arbitration Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel. Notwithstanding the foregoing and the class action/jury trial waiver below, you and Rodenstock each retain 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.
a. Waiver of Class and Representative Actions/Non-Individualized Relief and Jury Trials. You and Rodenstock agree that each of us is waiving the right to a trial by jury and may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported consolidated, class, or representative action or proceeding. Unless both you and Rodenstock agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, unless otherwise prohibited by law, 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 cannot affect other users of the Digital Services. YOU ARE GIVING UP THE RIGHT TO A JURY TRIAL AND THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS.
b. Rules & Governing Law. The arbitration will be conducted by JAMS under its applicable rules and procedures, including any supplementary rules and fee schedules then in effect (“Rules”), except as modified by this Arbitration Agreement. JAMS’ Rules are available at https://www.jamsadr.com/adr-rules-procedures/. For information on how to commence an arbitration proceeding, you can contact JAMS at https://www.jamsadr.com/. Payment of all filing administration, and arbitrator fees will be governed by the Rules.
The arbitration shall be held in the county in which you reside or at another mutually agreed location, including by remote or telephonic means. If the value of the relief sought is $10,000 or less, either you or Rodenstock may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on the other party subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be confidential, final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Rodenstock, except as otherwise stated in these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. You understand that the Digital Services are directed only to residents of the United States.
In the event a mass arbitration is permitted to occur, the following additional terms in this paragraph shall apply and the parties shall be deemed to have agreed to the application of JAMS Mass Arbitration Procedures and Guidelines available at https://www.jamsadr.com/mass-arbitration-procedures, except as modified by this Arbitration Agreement. If 20 or more similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, JAMS shall: (i) administer the arbitration demands in 20 batches, with the discretion to create additional batches if JAMS finds that they are necessary to facilitate the efficient resolution of demands; and (ii) apply a single initial filing fee and administrative fee per batch for each side as set forth in JAMS Mass Arbitration Procedures Fee Schedule. You agree to cooperate in good faith to implement this batch approach to facilitate the efficient resolution of claims. This provision shall in no way be interpreted as authorizing class arbitrations of any kind. We reserve all rights and defenses as to each and any demand and claimant. If any court or arbitrator determines that this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a mass arbitration basis without the application of this paragraph, then this Arbitration Agreement shall be deemed null and void in its entirety, and you and Rodenstock shall be deemed not to have agreed to arbitrate Disputes.
c. Opt-Out Procedures. You can choose to reject the Arbitration Agreement by sending Rodenstock a written opt-out notice (“Opt-Out Notice”) within 30 days after the date you first access the Digital Services or accept any subsequently published version of the Terms, by email at legal@rodenstock.us. The Opt-Out Notice must include a statement that you do not agree to this Arbitration Agreement, your name, address, phone number, and any email addresses used to log in to any applicable accounts to which the opt-out applies. If you opt out of the Arbitration Agreement, all other parts of the Terms, including all other provisions of this Section, will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with Rodenstock.
d. Changes to the Arbitration Agreement. We may change this Arbitration Agreement at our discretion. If we change any of the terms of the Arbitration Agreement after the date you first accepted the Arbitration Agreement (or accepted any subsequent changes to the Arbitration Agreement), you may reject any such change by sending Rodenstock a written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. This written notice must be provided by email at legal@rodenstock.us. In order to be effective, the notice must include your full name, address, and signature, and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Rodenstock in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Arbitration Agreement (or to any subsequent changes to the Arbitration Agreement).
e. Survival of Arbitration Agreement. The Arbitration Agreement shall survive any expiration or termination of your relationship with Rodenstock.
23.4 Disputes Must Be Filed Within One Year. To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to the Digital Services, including any claim required to be submitted to arbitration, must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors and assigns.
24. Indemnity. [In addition to your indemnity obligations under Section 8,] you agree to indemnify and hold harmless Rodenstock, its employees, officers, representatives, suppliers and service providers from any judgment, settlement, loss, liability, damages and costs, including reasonable attorney’s fees, arising from a claim or demand made by any third party due to or arising out of: (i) your use of the Digital Services, including any information you provide to Rodenstock, your User Generated Content, or other information or content submitted or transmitted by you to through the Digital Services; (ii) any use of your password; (iii) any information you download or access from or through the Digital Services; (iv) your interference with the operation of the Digital Services; and (v) any violation by you of these Terms, any rights of any other person or entity, or any applicable laws, rules or regulations.
25. Waiver. No delay or failure by Rodenstock to enforce any of these Terms shall be a waiver of any of our rights under these Terms.
26. Entire Agreement. These Terms are the entire understanding and agreement between Rodenstock and you with respect to the subject matter hereof.
27. General. Except as otherwise expressly provided in these Terms, the invalidity or unenforceability of any provision(s) of these Terms shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms, or a portion thereof, is found to be invalid or unenforceable, the invalid or unenforceable provision or portion shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining Terms.
The headings used in these Terms are for convenience only, are not a part of this agreement, and do not affect the interpretation of any of the provisions of these Terms. Any reference to the term “includes” or “including” means “includes, without limitation” or “including, without limitation,” respectively.