RAPID COMMERCIALIZATION PARTNERS INC
Last Revised: March 17, 2022
THE TERM “PLATFORM” MEANS: (A) WWW.RCPBIO.COM AND ANY OTHER WEBSITE OWNED AND OPERATED BY RCP (COLLECTIVELY, THE “WEBSITES” OR “SITES”), (B) ANY RCP SOFTWARE WHICH INCLUDES ANY RCP MOBILE APPLICATIONS (COLLECTIVELY, THE “APPLICATIONS” OR “APPS”) AND (C) ANY OTHER SERVICES OFFERED BY OR THROUGH RCP FROM TIME TO TIME (COLLECTIVELY, THE “SERVICES”).
This Policy does not apply to any website, product or service of any Third-Party, Partner or other company, even if such website, product or service links to (or from) the Platform. RCP does not operate those Third-Party or Partner sites or application links. Please review the privacy practices of those websites or services before deciding whether to provide any of your information to them.
2. Consent to Policy.
You affirm that you:
(a) are 18 years of age or older and are fully able and competent to enter into, and accept the terms and conditions of this Policy;
(b) are at least 16 years of age but not yet 18 years of age and that you have your parent or legal guardian’s permission to use the Platform, our Services and register and use an account with RCP. Please have your parent or legal guardian read these terms with you;
(c) if you are accessing and using the Platform, our Services or registering or using an account with RCP on behalf of an unincorporated association, group or organization, a company or a legal entity, you represent that you have the authority to bind that unincorporated association, group, organization, company or legal entity to the terms and conditions of this Policy. In that situation, “you”, “your” and/or “user” will refer to both you and that unincorporated association, group or organization, company or legal entity; and/or
(d) If you are a parent or legal guardian, and you allow your child to use the Platform, our Services or to register or use an account with RCP, then these terms apply to you and you are responsible for your child’s activity on the Platform. In that situation, “you”, “your” and/or “user” will refer to both you and your child. Notwithstanding the above, the Platform is not intended for use by persons under the age of 16.
3. Changes to Policy.
RCP reserves the right, in its sole discretion, to modify this Policy, and any other documents incorporated by reference herein, at any time and without prior notice. Any changes to this Policy will be effective immediately upon posting and will be indicated by a change to the “Last Revised” date at the top of this Policy. Please note that your continued use of and/or access to the Platform after such changes will constitute your acceptance of such changes. Please review this Policy each time to determine if this Policy has changed.
4. Information We May Collect:
We may, but are not obligated to, collect the following information:
a. Public Information and Posts. We may collect public information and posts consisting of comments or content that you post to the RCP Platform and the information about you that accompanies those posts or content, which may include a name, username, comments, likes, status, profile information and picture. Public information and public posts are always public, which means they are available to everyone and may be displayed in search results on external search engines.
b. Submission of Reviews, Ratings, and Comments. We collect information that you voluntarily provide as part of or through our Platform, including messages, posts, comments, responses, reviews, and ratings you submit through the Platform (collectively “User Generated Content”). If you submit ratings or reviews of our Services or the Platform, we also may receive information about you including, but not limited to, the ratings and reviews you submit, your name, location and/or account ID.
d. Activity Information. When you access and interact with the RCP Platform, RCP and its Partners may collect certain information about those visits. For example, in order to permit your connection to the RCP Platform, our servers receive and record information about your computer, device, and browser, including potentially your IP address, browser type, and other software or hardware information. If you access the RCP Platform from a mobile or other device, we may collect a unique device identifier assigned to that device, geolocation data (including your precise location), or other transactional information for that device.
e. Personal Identifying Information. We may collect and/or you may voluntarily provide to us personal information that in whole or in part, or in aggregation with other public and non-public information, may allow us to identify you (the “Personal Identifying Information” or “PII”). Personal Identifying Information is captured when a user willingly discloses such information to us in a variety of ways including, but not limited to, creating a profile, submitting a request for services, effecting a transaction through our Platform, inquiring about our Platform, filling out a form, responding to a survey, subscribing to a newsletter, or in connection with other activities, services, features or resources we may make available on our Platform or through our Services.
Personal Identifying Information includes, but is not limited to: (i) Contact Data (such as your name, address, city, state, zip code, landline phone number, mobile device phone number, and email address); (ii) Financial Information (such as bank account number, routing number, credit card number, expiration date, and verification code); (iii) Demographic Data (such as your zip code and gender); and (iv) other information that may identify you (such as your social security number and date of birth). This PII may be necessary to generate the products and offerings we offer on or through the Platform or to provide our Services to you.
Users may visit our Website without providing PII. However, refusal to supply PII may prevent users from obtaining certain Services or accessing certain offerings on or through the Platform.
You may choose not to provide us with any PII, or you may turn off or otherwise restrict cookies in your web browser by changing your browser settings. If you make these decisions, you may visit the Platform and browse the generally available content, but we may be unable to process your transactions and/or features of our Platform may not function or may be slower if you turn off or restrict cookies.
f. Aggregate and Automatically Collected Information. When you visit, access and/or interact with the RCP Platform, RCP and its Partners may collect certain information about those visits. We may automatically collect and monitor general, non-personal, statistical and aggregated information about the use of the Platform such as how many users visit a specific page on the Platform, how long they stay on that page, and which hyperlinks, if any, they click on. Such aggregate or automatically collected information may also include but is not limited to: the date, time, and length of Services or Platform access; geographic location (see Location Tracking below); device information, including the hardware model, operating system and version, unique device identifiers and network information; your activities within the Platform; language information; internet domain and host names; internet protocol (IP) addresses; and clickstream patterns. An IP address is a number that is automatically assigned to your device whenever you access the web. Web servers, the computers that ‘serve up’ webpages, automatically identify your device by its IP address.
This information represents a generic overview of our users, including their collective viewing habits, and allows us and other third parties to modify information, promotions, offers and/or discounts on products and services based on user traffic and behavior. We collect this information through the use of technologies such as ‘cookies’ and ‘web beacons’, which are discussed in greater detail below. We collect this information in order to help enhance the Platform to make for a better user experience.
5. Methods We Use to Collect Information:
a. Web Beacons. We may include small graphic images or other web programming code, called web beacons (also known as “pixel tags”, “web bugs”, “tracer tags” or “clear GIFs”), in our Platform and in communications we send to you. The web beacons are minute graphics with a unique identifier. They are used to track the online movements of users. In contrast to cookies, which are stored in a user’s computer hard drive, web beacons are embedded invisibly on web pages and are about the size of the period at the end of this sentence. Web beacons help us evaluate our marketing and advertising efforts and to better manage content on the Platform by informing us what content is effective, monitoring how users navigate the Platform, counting users of the Platform, counting how many e-mails sent by us were actually opened. This technology allows us to understand which pages you visit on our Platform and other ways you interact with our Platform such as purchases made through the Platform. Web Beacons are also used to help us to optimize and tailor our Platform for you and other users of our Platform.
b. Conversion Tracking: We may supplement the information we collect about you through the RCP Platform with records received from our Partners and Third Parties in order to enhance our ability to serve you, to tailor our content and Services to you, and to offer you information that we believe may be of interest to you. For example, websites on which we have placed advertisements, such as Google®, may tell us which promotional content you clicked. This is often called “conversion tracking.”
c. Your ‘Do Not Track’ Browser Setting. Do Not Track (“DNT”) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. RCP does not support the DNT browser setting. We do track your online activities over time and across third-party websites or online services. For example, we use web beacons to help us evaluate our marketing and advertising efforts and to determine what links or advertisers brought you to our Platform. We also use third-party service providers to display advertisements to you on other websites or applications based on your activities while on the RCP Platform.
To learn more, or to opt-out of receiving online display advertisements tailored to your interests by our third party partners, visit the Digital Advertising Alliance Consumer Choice Page at http://www.aboutads.info/choices/ or modify (where available) the privacy, advertising, marketing or other settings of your Facebook®, Google®, Twitter®, Amazon® or other accounts.
d. Information Collected by Mobile Applications. Through your use of the RCP Application from a mobile device, we may also automatically collect and store some or all of the following information from your mobile device (“Mobile Device Information”), including, but not limited to:
- Personal Identifying Information,
- The type of Internet browsers you use with the Application or when visiting our Website,
- Your preferred country site,
- Your mobile operating system,
- Your phone number or other identifiers assigned to your mobile device, including: The IP address of your mobile device, and the device manufacturer and model.
In addition to the above Mobile Device Information, we may collect information about how you use the Application and/or Platform including, but not limited to, the amount of time you spend using the Application and/or Platform, how many times you use a specific feature of the Application and/or Platform over a given time period, how often you use the Application and/or Platform, actions you take in the Application and/or Platform and information about the website or other platform from which you downloaded the Application and/or Platform to help us determine what download site is most effective (collectively “Application Usage Information”).
We may link your Mobile Device Information and Application Usage Information to PII you have provided us, in which case, we will treat the combined information as PII unless and until such information is anonymized. However, please be aware that some features of our Platform may not function or may be slower if you refuse our access to mobile device and/or mobile applications information.
e. Location Tracking. We, our Partners or Third Parties whose services we use may also collect the geographic location of your device by using Global Positioning System (GPS), wi-fi data or other location information available to us through the Platform or transmitted to us by a Third Party. We collect location information when necessary for verification purposes in conjunction with signing (e.g. DocuSign®, Adobe Sign®) documents, registering or accessing an account on the Platform or other business related purposes. However, please be aware that some features of our Platform may not function or may be slower if you refuse our access to geographic location information.
g. Recorded Phone Calls: We or Third Parties who provide services to us, including those who may assist in providing user or customer support, may monitor and/or record (in accordance with applicable law) the contents of phone calls made by or between you and any representative or agent of RCP. For example, RCP may listen to or record calls for quality purposes.
h. Other Tracking Technologies may record information such as internet domain and host names; IP addresses; browser software and operating system types; clickstream patterns; the MAC address or other technical information from your mobile device; location information through GPS, Wi-Fi, Bluetooth, or similar technologies; and dates and times that our Platform are accessed. We may link or aggregate the information we record using tracking technologies to PII we collect.
i. Information You Provide About A Third Party. If you choose to take advantage of a referral program, we may offer by referring another person or business to RCP, we may collect their name, email address and other information you provide about them. We will automatically send them an email inviting that person or business to visit the RCP Platform. We store this information only to send this email and to track the success of our referral program. We do not use this information for any other marketing purpose unless we obtain consent from that person or business’ authorized representative, we explicitly state otherwise pursuant to the referral program rules and policies or that person or business visits, uses and/or interacts with our Platform. Please be aware that when you refer a person or business, your name and/or e-mail address may be included in the message sent to them.
6. How We Use and/or Share Information:
The information RCP collects including, without limitation, PII, is used in a variety of ways including, but not limited to:
a. General Use of Information. Generally, we may use the information we collect as follows:
- for internal review;
- to improve the Platform;
- addressing or responding to complaints;
- to improve, expand and optimize our services, marketing and advertising;
- to verify the legitimacy of reviews and ratings;
- for establishing or terminating your contractual relationship with us;
- to communicate with you by email, telephone, or text message, in accordance with your wishes;
- to respond to your questions and comments;
- to provide you with updates and notices;
- to solicit information from you;
- to manage payments for services;
- to manage your account or profile;
- to improve user service;
- to provide you updates about the Platform;
- to let you know about products, services, and promotions that you may be interested in;
- to get reviews and ratings;
- to provide technical support;
- to respond to questions or feedback;
- to promote discounts or offers;
- for our marketing, advertising and/or promotional purposes;
- to fulfill and provide products and services, including personalized or enhanced services, requested by you;
- to effect and complete transactions initiated or requested by you;
- for internal business analysis or other business purposes;
- to evaluate and improve the online and mobile user experience;
- to resolve disputes;
- to maintain network and information security,
- for fraud prevention,
- to report suspected criminal acts,
- to reduce risks to public health and safety,
- to investigate fraud, chargebacks or other matters,
- to protect the rights, property, or safety of RCP, our users, our staff or others, and/or
- to comply with applicable law.
b. General Sharing of Information. RCP may share information including without limitation, PII, with other parties when one or more of the following conditions apply:
- We have previously notified you that sharing the information is necessary,
- We have your consent to share the information,
- We need to share your information to provide the service or product you requested,
- To respond to subpoenas, court orders, or any other legal requirements
- When it is necessary to protect and defend our legal rights and/or property
- To protect your safety and/or the public’s safety.
- Your funders and/or lenders
- External auditors, examiners and assessors
- Relevant professional or statutory regulatory bodies
- Local authorities
- Police and other law enforcement agencies
- Others as may be required by the law
- Within Corporate Organization. RCP and/or its vendors may share your PII within the RCP corporate organization, and may transfer the information to countries in the world where RCP conducts business. Some countries may provide less legal protection for PII. In such countries RCP will still handle user PII in the manner described herein. Additionally, your contact information may be used to follow up with you on transactions initiated or completed through the Platform, to respond to inquiries, to inform you of changes to the Platform or our Services, and/or to send you additional information about RCP, the Platform and any related products or services.
- Agents (Third Parties). RCP employs or engages other companies and individuals to perform business functions on behalf of RCP (“Third Parties”). These persons are provided with PII required to perform their functions, but are prohibited by contract from using or sharing the information for other purposes. Third Parties engage in a variety of functions which may include, but are not limited to, fulfilling or processing transactions, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing payments, providing user or customer services, assisting us to comply with applicable law, investigate potential criminal or fraudulent activities, and/or to maintain the security or networks and the Platform. To the extent reasonably necessary for RCP to offer or perform its services, process payments through a financial institution or Partner account services, to verify your identity, to resolve or respond to a dispute, or to expand or optimize its goods or services, RCP may receive and share your PII with our Third Parties.
- Business Transfers, Mergers and Acquisitions. Circumstances may arise where for business reasons, RCP decides to sell, buy, merge, consolidate, divest or otherwise reorganize (including, but not limited to, through bankruptcy) its businesses in the United States or some other country. Such a transaction may involve the disclosure and/or transfer of your information including, without limitation, PII, to prospective or actual purchasers or acquirers, and/or receiving such information from sellers. It is RCP’s practice to seek appropriate protection for PII in these types of transactions.
e. Non-Personal Identifying Information: Non-Personal Identifying Information is any information collected by RCP that, in whole or in part, does not personally identify you. The following explains with whom we may share Non-Personal Identifying Information:
- Agents (Third Parties). We may share Non-Personal Identifying Information with Third Parties (defined above) as may be reasonably necessary to perform their functions. Third Parties are prohibited by contract from using or sharing the information for other purposes;
- Third Party Vendors. Those persons and entities who are not prohibited by contract from using or sharing information we provide are Third Party Vendors. We may share Non-Personal Identifying Information with Third Party Vendors who provide other services to us; and
7. How We Protect Your Information.
We adopt appropriate industry standard security protocol for data collection, storage and processing practices and implement commercially reasonable security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information (including, without limitation, PII), username, password, transaction information and data captured through your use of the Services and Platform.
Sensitive data, such as Financial Information or PII you exchange with or provide to us through the Platform occurs over secure sockets layer (SSL) communication channels and is encrypted and protected with digital signatures. Unfortunately, no security measures are perfect or impenetrable and data transmission over the internet cannot be guaranteed 100% secure. We cannot and do not ensure or warrant the security of any information you transmit to RCP through the Platform and you do so at your own risk. Your information may be transferred to, and maintained on, computers located outside the jurisdiction in which you reside. Please be aware that the privacy laws where your information is transferred may offer more or less protection than the laws where you live. By voluntarily submitting information to us, you consent to have your information transferred to, processed, and stored in the United States, irrespective of what geographic region you are located in.
8. Telephone Consumer Protection Act of 1991 (“TCPA”) Disclaimer.
Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls, or SMS messages (text messages) from our Partners, Third Parties, Third Party Vendors, representatives, agents, or affiliates, by providing us with your phone number, physical address, email address or other mediums of communication, you hereby provide express written consent to be contacted by RCP or anyone communicating with you on our behalf. This express written consent is for any purposes relating to the products and services RCP offers and/or any account you have with RCP, at any telephone number(s), or physical or electronic address you provide to us or at which you may be reached. You agree we may contact you in any way, including by phone calls or SMS messages (text messages) whether such calls or SMS messages (text messages) are made by manual dialing, using prerecorded messages or artificial voice, using auto telephone dialing system or using an automatic or automated texting system.
Automated messages may be played when the telephone is answered whether by you or someone else. In the event that an agent or representative of RCP calls, such agent may also leave messages on your answering machine, voice mail, or send messages to you via SMS message (text message). You certify that the telephone number(s) or physical or electronic address that you have provided, are in fact methods of communication at which you may be contacted and/or which you regularly receive communications, and you agree to receive calls and/or SMS messages (text messages) at each telephone number you have provided to RCP. You agree to promptly alert RCP if you stop using, voluntarily or involuntary, any of the phone numbers you have provided to RCP by emailing us at Privacy@rcpbio.com with “REMOVE PHONE NUMBER” in the subject line along with your name and the affected telephone number in the body of the email (a “Removal Notice”). You acknowledge and agree that you alone are responsible for any charges your cellular telephone or mobile phone service provider may charge you to receive calls or SMS messages (text messages) according to the type of account you have. Providing your consent is not a requirement to purchasing RCP goods or services but withholding your consent may prevent us from providing certain services to you. You may revoke consent to receive text messages at any time by emailing us a Removal Notice or by responding to any text from us with “STOP”.
9. Access Rights to Data.
a. Information Maintained by RCP. Upon written request from a user, RCP will provide a reasonable description of such person’s PII that RCP maintains. To submit a request for information, you must contact us via email at Privacy@rcpbio.com with “DATA REQUEST” in the subject line or via certified postal mail, return receipt requested, at Rapid Commercialization Partners Inc., ATTN: DATA REQUEST, 50 JFK Street, Cambridge, MA 02138.
b. Corrections and Changes to Personal Information. Help RCP to keep user information accurate. If your PII changes, or if you note an error upon review of your information that RCP maintains, please promptly email RCP at Privacy@rcpbio.com with “DATA CORRECTION” in the subject line and provide the outdated or incorrect information along with the new or correct information in text in the body of the email only or notify us via certified postal mail, return receipt requested at Rapid Commercialization Partners Inc., ATTN: DATA REQUEST, 50 JFK Street, Cambridge, MA 02138.
c. Your California Privacy Rights. “Do Not Sell My Personal Information” Notice for California consumers under California Consumer Privacy Act (CCPA). California’s privacy laws require companies to provide notice to California users of their rights to receive information regarding which entities their information was shared for marketing purposes. Under the CCPA, users of RCP who are California residents have the right to:
- request certain information regarding RCP disclosure of PII for its direct marketing purposes,
- request that RCP delete certain PII it has collected about the user, and
- if RCP sells PII of the user, request that RCP not sell such information.
This request may be made no more than once per calendar year. To make such a request, please contact us via email at Privacy@rcpbio.com with “CA DATA REQUEST” in the subject line or via certified postal mail, return receipt requested, at Rapid Commercialization Partners Inc., ATTN: DATA REQUEST, 50 JFK Street, Cambridge, MA 02138.
Within thirty (30) days of our receipt of such request, RCP will provide a list of the categories of PII disclosed to our Partners and/or Third Parties for direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these Partners and/or Third Parties. RCP reserves its right not to respond to requests that are not received at the email or physical address specified in this paragraph. Please note that we may ask you to verify your identity before responding to any such requests.
d. Information Regarding Your Data Protection Rights Under the E.U. General Data Protection Regulation (GDPR)
- We may process your PII because:
- We need to perform a contract with you, such as when you use our Service or Platform,
- You have given us permission to do so,
- The processing is in our legitimate interests and it is not overridden by your rights,
- For payment or other transaction processing purposes,
- To comply with applicable law, or in response to investigations, subpoenas, court orders, or other legal process,
- For the purposes of fraud protection and credit risk reduction, or
- If you are a resident of the EEA, you have certain data protection rights. In certain circumstances, you have the following data protection rights:
- The right to access, update or to delete your PII which we have collected and/or maintain,
- The right of rectification,
- The right to object,
- The right of restriction,
- The right to data portability,
- The right to withdraw consent.
- To make such a request, please contact us via email at Privacy@rcpbio.com with “GDPR DATA REQUEST” in the subject line or via certified postal mail, return receipt requested, at Rapid Commercialization Partners Inc., ATTN: DATA REQUEST, 50 JFK Street, Cambridge, MA 02138. Please note that we may ask you to verify your identity before responding to any such requests.
- We transfer your personal data to the United States whenever you interact with us. The United States has not sought, nor obtained adequacy status from the European Union. We transfer your personal data on the basis of the derogations in Article 49 GDPR. In order to safeguard your personal data, we directly apply the GDPR provisions to your personal data. We do not engage in any onward transfers regarding your data, beyond the access that our processors have to your data or as expressly outlined in this Policy.
- You have the right to complain to a Data Protection Authority about our collection and use of your PII. For more information, please contact your local data protection authority in the EEA.
In addition, RCP is not responsible for the privacy or data security practices of its Partners or any other organizations, such as Facebook, Tumblr, Twitter, Apple, Google, Microsoft or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including in connection with any information you disclose to our Partners or other organizations through or in connection with the RCP Services.
d. Sensitive Information. We ask that you not send us, and you not disclose to us, any sensitive personal information such as information related to racial or ethnic origin, religion or other beliefs, health, criminal background or trade union membership. Your use of the RCP Platform is at your own risk. RCP urges you to take steps to keep your information safe by using a strong alphanumeric password with allowable symbols and memorizing your password or keeping it in a safe place (separate from your account information), logging out of your account, and closing your web browser. In order to help us protect your information further, you should be careful about providing your password to others.
e. Lost or Stolen Information. If your password is lost or stolen, you should promptly notify RCP at Privacy@rcpbio.com in order to enable RCP to cancel the lost or stolen information and to update its records with a changed password.
11. Children’s Policy.
12. Governing Law.
13. Dispute Resolution.
PLEASE READ THIS SECTION CAREFULLY. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY.
NOTWITHSTANDING ANY CHOICE OF LAW OR OTHER PROVISION IN THIS POLICY, THE PARTIES AGREE AND ACKNOWLEDGE THAT THIS POLICY EVIDENCES A TRANSACTION INVOLVING INTERSTATE COMMERCE AND THAT THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1 ET SEQ. (“FAA”) GOVERNS ITS INTERPRETATION AND ENFORCEMENT AND PROCEEDINGS PURSUANT THERETO. IT IS THE INTENT OF THE PARTIES THAT THE FAA AND RULES SHALL PREEMPT ALL STATE LAWS TO THE FULLEST EXTENT PERMITTED BY LAW. IF THE FAA AND RULES ARE FOUND TO NOT APPLY TO ANY ISSUE THAT ARISES UNDER THIS POLICY OR THE ENFORCEMENT THEREOF, THEN THAT ISSUE SHALL BE RESOLVED UNDER THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS.
EITHER PARTY MAY INITIATE THE ARBITRATION PROCESS BY FILING THE NECESSARY FORMS WITH AAA. TO LEARN MORE ABOUT ARBITRATION, YOU CAN CALL ANY AAA OFFICE OR REVIEW THE MATERIALS AT WWW.ADR.ORG. THE ARBITRATION SHALL BE HELD IN SUFFOLK COUNTY, MASSACHUSETTS. THE PARTIES WILL EXCHANGE NON-PRIVILEGED INFORMATION RELEVANT TO THE DISPUTE BEING ARBITRATED. YOU MAY BE REPRESENTED BY LEGAL COUNSEL OF YOUR CHOICE IN CONNECTION WITH THE ARBITRATION, AT YOUR COST.
THE PARTY THAT INITIATES THE ARBITRATION WILL BE REQUIRED TO PAY THE FILING FEE. EACH PARTY SHALL BE RESPONSIBLE FOR ONE-HALF OF THE ARBITRATION FEES. EACH PARTY WILL BE RESPONSIBLE FOR THEIR RESPECTIVE ATTORNEY’S FEES AND COSTS. THE PREVAILING PARTY IN ANY ARBITRATION BROUGHT PURSUANT TO THIS POLICY SHALL NOT BE ENTITLED TO RECOVER ITS ATTORNEYS’ FEES AND COSTS FROM THE NON-PREVAILING PARTY.
DISPUTES MUST BE BROUGHT IN THE NAME OF AN INDIVIDUAL PERSON OR ENTITY AND MUST PROCEED ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS. THE ARBITRATOR WILL NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. IF EITHER PARTY ARBITRATES A DISPUTE, NEITHER PARTY, NOR ANY OTHER PERSON, MAY PURSUE THE DISPUTE IN ARBITRATION AS A CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION, NOR MAY ANY SUCH DISPUTE BE PURSUED ON BEHALF OF EITHER PARTY IN ANY LITIGATION IN ANY COURT. CLAIMS REGARDING ANY DISPUTE AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS. THIS MEANS THAT THE ARBITRATION MAY NOT ADDRESS DISPUTES INVOLVING OTHER PERSONS WITH DISPUTES SIMILAR TO THE DISPUTES BETWEEN YOU AND US.
BECAUSE THE PARTIES HERETO HAVE AGREED TO ARBITRATE ALL DISPUTES NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT DISPUTE IN COURT, OR TO HAVE A JURY TRIAL ON THAT DISPUTE, OR ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS PERTAINING TO ANY DISPUTE. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING ON THE PARTIES AND MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION, EXCEPT TO THE EXTENT IT IS SUBJECT TO REVIEW IN ACCORDANCE WITH APPLICABLE LAW GOVERNING ARBITRATION AWARDS. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
15. Waiver of Jury Trial.
16. Updates to Policy.
How to Contact Us
Should you have questions, comments or disputes regarding this Policy, please contact us by mail or email at the following:
50 JFK Street, Cambridge, MA 02138