Last updated: April 25, 2024

The following terms and conditions ( “Terms”) govern your use of the FOR-BID® website, available at https://www.for-bid.com ( “Website””), including any content, functionality, or features made available through the Website. The Website is made available by Alpar Laboratories, Inc. (“Alpar” or “we” or “us” or “our”), and we may change the Terms from time to time, at any time without notice to you, by posting such changes on the Website. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS AND AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO DO SO.

IMPORTANT TO NOTE: THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTIONS OF ANY CLAIMS BETWEEN ALPAR AND YOU WHICH APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAVER. IN ARBITRATION, THERE IS NO JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. YOU ARE ALSO WAIVING YOUR RIGHT TO BRING A CLASS ACTION. THIS MEANS YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.  Please see “DISPUTE RESOLUTION” (Section 12) for more information.

THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. Please see “DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY” (Section 11) for more information.

YOU MUST BE AT LEAST THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE TO USE THE WEBSITE. By accessing, using and/or submitting information to or through the Website, you represent that you are not younger than age 18.

IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT ACCESS OR OTHERWISE USE THE WEBSITE.

1. Changes to Terms.

The effective date of these Terms is set forth at the top of this webpage. We do not intend to change these Terms very often but reserve the right to do so. We will notify you of any material change by posting notice on this webpage. Whenever possible, we will notify you in advance of our changes. Your continued use of the Website after the effective date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions of the Terms. For this reason, we encourage you to review these Terms any time you access or use the Website.

2. Proprietary Rights; and Limited License.

The Website, all the content (including, for example, text, copy, audio, video, photographs, graphics, illustrations, other visuals, product information, promotional and marketing materials), code, data, and materials thereon, organization, design, and look and feel of the Website, and the compilation of the foregoing on the Website, including but not limited to any intellectual property and proprietary rights therein (including, for example, trademark rights, copyrights, patent rights, and moral rights) are the property of Alpar and/or third-party licensors. Your use of the Website does not grant to you ownership of any content, code, data, or materials you may access on or through the Website.

No permission or license is granted or implied to use the trademarks, logos, service marks and trade names displayed on the Website, on content made available through the Website (collectively, “Trademarks“). Other company, product, and service names and logos used and displayed through the Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Alpar. Alpar’s Trademarks may not be used without our prior written permission, and the Trademarks of third-parties may not be used without the prior written permission of their respective owners.

You may access and view the content on the Website on your computer or other device and, unless otherwise indicated in these Terms or on the Website, make single copies or prints of the content on the Website for your personal, internal use only. Unless otherwise specifically indicated in these Terms or on the Website, use of any services offered on or through the Website are only for your personal, non-commercial use. Third party services linked through the Website may be subject to additional terms.

3. Claims of Copyright Infringement.

United States

As required by the U.S. Digital Millennium Copyright Act (“DMCA”), we respond to notices of alleged infringement, including by removing or disabling access to material claimed to be the subject of infringing activity. If you have a good faith belief that your intellectual property rights  have been violated through the Website, please send your claim notice of infringement to [email protected] and specify “DMCA Claims in the subject line, or to Alpar Laboratories, Inc., c/o DMCA Claims, 9550 Sergo Drive, Unit #109, McCook, IL, 60525.

In order to be effective in providing your notice of an alleged claim, you must include ALL the following information in your written claims notice regarding alleged copyright infringement:

1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Website
4. your address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you;
5. 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;
6. 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 behalf of the owner of an exclusive right that is allegedly infringed.

Our DMCA agent will only respond to notices and inquiries that comply with the requirements of the DMCA. Please see http://www.copyright.gov/ for more information.

Canada

If you are based in Canada and believe that any content that resides or is accessible on or through the Website infringes a copyright, please send a notice of copyright infringement (the “Copyright Notice”) containing the following information to Alpar:

1. the claimant’s name and address and any other particulars that enable communication with the claimant;
2. identification of the work or other subject matter to which the claimed infringement relates;
3. a statement of the claimant’s interest or right with respect to the copyright in the work or other subject matter;
4. the URL to which the claimed infringement relates;
5. specification of the infringement that is claimed; and
6. specification of the date and time of the commission of the claimed infringement.

The Copyright Notice may not contain an offer to settle the claimed infringement, including by way of hyperlink to such an offer, or a request or demand made in relation to the claimed infringement, including by way of hyperlink, for payment or for personal information. If the notice is non-compliant with the foregoing requirements, Alpar is not obligated to pass the notice on to the alleged infringer and to otherwise preserve that person’s identity for subsequent enforcement proceedings.

If a proper bona fide infringement notice is received by Alpar, it is Alpar’s policy to: (i) remove or disable access to the infringing material; (ii) and/or to notify the content provider, member, or user that it has removed or disabled access to the material.

Notice of claims of copyright infringement should be provided to Alpar via email to [email protected] or via mail to the following address: Alpar Laboratories, Inc., 9550 Sergo Drive, Unit #109, McCook, IL, 60525

4. User Information.

You acknowledge that we may collect and create data related to your use of the Website, including metadata generated by your activity on the Website (“Activity Metadata”), as well as aggregated and/or de-identified data that is derived from your data and data of or related to other users, and Activity Metadata.

Your data may contain information that is about or identifies a particular individual, such as names and e-mail addresses (collectively, “Personal Information”). For all Personal Information that you supply to the Website, you agree that you have sufficient rights under applicable law (including U.S. privacy law to transmit, store, copy, use, and transfer such Personal Information, and to authorize us, and third-party providers to collection, use, disclose, and otherwise process your Personal Information in connection with the provision of the Website as more particularly described in our Privacy Policy.

You may be asked if you would like to receive emails and other communications through your use of the Website and may voluntarily “opt-in” or “opt-out” to receive such communications where prompted.  If you voluntarily choose to “opt-in” to receive such communications, but change your mind, you may voluntarily choose not to receive such communications through the “Manage Preferences” and/or “Unsubscribe” or similar types of links found at the bottom of any of our email-correspondence. Where we have made opt-in or opt-out settings available, we will honor the choices you make.

If there is a conflict between any term in this Section 4 and any term in the Privacy Policy, the term in the Privacy Policy controls.

5. Submitted Materials

You are solely responsible for all information, text, data, images, music, photographs, video, graphics, messages and all other materials that you upload, post, publish, transmit (including by email), or display through or upload to the Website, including comments, testimonials and reviews (“Submitted Materials”).

Unless specifically requested, we do not solicit nor do we wish to receive any secret, confidential, or proprietary information or other materials from you through the Website, by email or in any other way. Any Submitted Materials, including without limitation, ideas, suggestions, creative works, concepts, designs, systems, methods, plans, techniques, or other materials submitted or sent to us will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms, the Website’s Privacy Policy and/or as other terms provided at the time of submission. By submitting or sending Submitted Materials to us or through the Website, you represent and warrant that: (i) the Submitted Materials are original to you, and that no other party has any rights thereto, (ii) with regard to any reviews, endorsements, statements, ratings, or testimonials included in your Submitted Materials, such information and content is accurate, not misleading, and reflects your honest experiences with the products or services, you have not received any compensation or consideration from any entity in exchange for any product rating or review included in any Submitted Materials, you do not work for any company or agency hired by Alpar to promote or sell Alpar products, and if you have a material connection to ALPAR you will properly, clearly and conspicuously disclose so in the submission, (iii) you are not a minor, and (iv) any “moral rights” in Submitted Materials have been waived. You hereby grant us and any of our affiliates, and our third-party service providers who provide content management services (the “Licensed Parties”) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, store, and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. You also grant the Licensed Parties the right to use your submitted name, real name, image, likeness, caption, location or other identifying information in connection with any use of your Submitted Materials. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

6. Prohibited Use of Website.

Unless otherwise specifically indicated in these Terms or on the Website, any commercial or promotional distribution, publishing, or exploitation of the Website, or any content, code, data, or materials on the Website, is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder. In addition to other prohibitions as set forth in the Terms, you are prohibited from (and shall not assist others in) using the Website or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) in any way that violates any international, federal, provincial, local, or state regulations, rules, laws, or local ordinances; (iv) in any way that infringes, violates, or otherwise misappropriates our intellectual property or proprietary rights, or the rights of third-parties including, without limitation, rights of privacy, publicity, or any intellectual property or other proprietary right; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, in any way that is obscene, immoral, vulgar, offensive, indecent, fraudulent, unlawful, threatening, abusive, harassing, defamatory, or libelous, or in any way that restricts or inhibits other users from using and enjoying the Website or which may expose us or our users to harm or liability; (vi) to submit false or misleading indications of endorsement, origin, or statements of fact; (vii) to upload or transmit viruses or any other type of malicious or harmful code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) to place embedded links, promotional or advertising materials, commercial or sales activities, “spam,” or pyramid schemes of any kind; or (xi) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. You acknowledge that you do not acquire any ownership rights by downloading or otherwise using any copyrighted material from or through the Website. If you make other use of the Website, or the content, code, data, or materials thereon or available through the Website, except as otherwise provided above, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use. You further agree not to (and shall not assist others to) impersonate, whether actual or fictions, any other person or entity. You alone are responsible for the content and consequences of any of your actions on the Website.

You represent and warrant that (x) you will not use the Website or any content on the website for any unlawful purpose, (y) you are not listed on any U.S. or Canadian Government list of prohibited or restricted parties, and (z) you are not located in a country that is subject to a U.S. or Canadian government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country.

We may, from time to time, make messaging services, blogs, other forums and other such services available on or through the Website. You agree that we may monitor these forums for compliance with these Terms, and therefore, your use of these should not be considered confidential or proprietary.

Alpar reserves the right to limit your use of the Website at any time for violation of the foregoing, including by limiting the number of your connections and your ability to contact other users.

Please email [email protected] to report any violation of these Terms.

7. Product Descriptions.

We attempt to be as accurate as possible, but we do not warrant that product descriptions, depictions, ingredient lists or other content on the Website are accurate, complete, reliable, current or error-free. We are not responsible if information made available on the Website is not accurate, complete or current. If a product offered by us is not as described, your sole remedy is to return the product. Call us at 708-485-5501 or send an email to [email protected] for return information.

8. Purchases; Refund Policy.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the foregoing will be corrected.

Purchases may be made through authorized third parties. There may be links or information on our Website where you can purchase our products. Purchasing our products from third parties, including third party hosted sites, is subject to such third party’s own terms and conditions, including purchasing terms and refund policies (if any). We expressly prohibit purchases for resale and/or reselling any Alpar product as part of any business unless expressly agreed to in writing by us.

If you have questions or problems obtaining a refund or replacement from the original place of purchase, please contact the applicable third party seller or site.

Our products are only sold through authorized retailers. We do not authenticate purchases, warrant, or replace products purchased from resellers or retailers. Purchases from unauthorized resellers or retailers voids the product warranty, if any.

9. Third-Party Websites.

From the Website, you may be able to link to third-party websites, and third-party websites may link to the Website (collectively “Third-Party Linked Sites“). You acknowledge and agree that we have no responsibility for any content, information, services, products, advertising, promotions, software, code, or other materials which may or may not be provided by or through Third-Party Linked Sites. Links to Third-Party Linked Sites do not constitute our sponsorship or endorsement of such Third-Party Linked Sites or the content, information, services, products, advertising, promotions, software, code, or other materials presented on or through such websites. Alpar disclaims any liability for Third-Party Linked Sites. We do not represent or warrant that the contents of any Third-Party Linked Site are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Any reliance on the contents of a Third-Party Linked Site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

10. Third-Party Information and Tools.

On our Website, we may provide you with access to third-party information and tools which we neither monitor nor have any control over nor input into. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party information or tools. Any use by you of third party information or tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which information or tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms. Questions, complaints and claims regarding third-party information and tools, and related information, websites or products or services, should be directed to the relevant third-party.

11. DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY.

The Website may contain information relating to the health, nutrition and wellness of pets. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own veterinarian or other veterinary professional. You should not use the information contained herein for diagnosing a pet’s health or fitness problems or disease. You should always consult your own veterinarian and/or veterinary advisors. YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND ALL “MATERIALS” ARE INTENDED FOR GENERAL CONSUMER INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO CONSTITUTE, AND DO NOT CONSTITUTE, THE PRACTICE OR FURNISHING OF MEDICAL OR PROFESSIONAL HEALTH CARE ADVICE.

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FEATURES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEBSITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTY CONCERNING THE AVAILABILITY, PLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY USER’S SUBMITTED MATERIALS, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEBSITE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PERSONNEL, SUPPLIERS, THIRD PARTY PROVIDERS, OR LICENSORS (COLLECTIVELY, THE “PROTECTED ENTITIES“) BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, THE SERVICES OR THE CONTENT, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE PROTECTED ENTITIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ALPAR OR PROTECTED ENTITIES’ SITES OR SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ALPAR  OR PROTECTED ENTITIES’ SITES OR SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN A SIGNED WRITING BY ALPAR.

IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU MUST PROVIDE NOTICE TO US, PURSUANT TO THE PROCESS REFERENCED BELOW, OF ANY CLAIM WITHIN ONE YEAR OF ITS ACCRUAL OR YOUR CLAIM IS WAIVED AND TIME-BARRED.

12. DISPUTE RESOLUTION.

PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THESE TERMS OTHERWISE PROVIDE AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION. Other rights that you would have if you went to court, such as access to discovery or appeals, also might be unavailable or limited in arbitration.

Purpose.  The term “Dispute” means any dispute, claim, or controversy between you and Alpar, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “Alpar”) arising from or relating in any way to the (1) Terms and their interpretation or the breach, termination or validity thereof, and the relationships which result from these Terms (2) your use of any website owned or operated by Alpar; or (3) any products or services sold or distributed by or through Alpar, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this “DISPUTE RESOLUTION” section (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced. If you have a Dispute with Alpar that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, to the extent permitted under applicable law, you and Alpar agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

Jury Trial and Class Action Waiver. EXCEPT AS THE TERMS OF USE OTHERWISE PROVIDE AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND ALPAR ACKNOWLEDGE AND AGREE THAT YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO THE LITIGATION OF DISPUTES IN STATE OR FEDERAL COURTS OF GENERAL JURISDICTION. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND ALPAR SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.  THIS PROVISION IS NOT APPLICABLE TO THE EXTENT THIS WAIVER IS PROHIBITED BY LAW.

. Alpar would like the opportunity to assist you and resolve your disputes informally where possible. Before formally pursuing a Dispute in arbitration, you agree to first send a detailed notice (“Notice”) to Alpar by email at [email protected]. If Alpar has a dispute with you, Alpar agrees to first send a detailed Notice to your e-mail address on file with us. Your Notice must contain all of the following information: (1) your full name; (2) your address, telephone number, and email address; (3) information sufficient for Alpar to identify any transaction at issue (e.g., your order number, order confirmation communication, etc.); and (4) a detailed description of your dispute, the nature and basis of your claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice. Alpar’s Notice will likewise set forth (1) information sufficient for you to identify any transaction at issue and (2) a detailed description of our dispute, the nature and basis of our claim(s), and the nature and basis of the relief we are seeking with a calculation for it. You and Alpar agree to negotiate in good faith about the dispute in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should Alpar request a telephone conference with you in an effort to resolve your dispute as part of this informal process, you agree to personally participate (with your counsel if you are represented). This process should result in resolution of the dispute, but if for some reason it is not resolved within 60 days after receipt of a fully completed Notice and the parties have not agreed to extend this time period, you or Alpar may initiate an arbitration. Compliance with and completion of this mandatory informal dispute resolution process is a condition precedent to filing any demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. Unless prohibited by applicable law, the arbitration administrator shall not accept or administer any demand for arbitration unless the claimant has certified in writing that they have fully complied with this process. This certification shall be personally signed by you or Alpar. A court shall have the authority to enjoin the filing or prosecution of arbitrations without first providing a fully completed Notice and participating in good faith in this informal dispute resolution process.

Initiation of Arbitration Proceeding/Selection of Arbitrator.  If the dispute cannot be resolved through the informal dispute resolution process, the party initiating the arbitration proceeding will initiate it with the American Arbitration Association (“AAA”), www.adr.org, pursuant to the AAA Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, “AAA Rules”) in effect at the time any demand for arbitration is filed with AAA. If the AAA is unavailable or unwilling to apply this Dispute Resolution Section as written, the parties shall mutually agree on an alternative administrator that will administer the proceeding under the Dispute Resolution Section as written. If the parties are unable to agree, they will petition a court of competent jurisdiction to appoint an arbitration administrator that will do so. Any arbitration will be held before a single neutral arbitrator. The terms of this section govern in the event they conflict with the rules of the arbitration organization selected by the parties.

Arbitration Procedures.  Because the products and/or services provided to you by Alpar may concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Alpar may pay your portion of the arbitration fees, upon a showing of financial hardship, unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration.  You or Alpar may initiate arbitration in either Cook County, Illinois  or the United States county in which you reside.  In the event that you select the county of your United States residence, Alpar may transfer the arbitration to Cook County, Illinois in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.

Sole Exceptions to Arbitration. Notwithstanding the foregoing, in lieu of arbitration: (1) either you or Alpar may elect to have an individual claim heard in small claims court consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim and is not appealed or removed to any court of general jurisdiction; and (2) you agree that you or Alpar may bring suit in court to enjoin infringement or other misuse of intellectual property rights. You agree to waive your rights to a trial by jury.

Jurisdiction. To the extent that a cause of action is brought in court pursuant to the exceptions listed about, you agree that such an action shall exclusively be commenced and heard in the state or federal courts of Chicago, Illinois, United States of America and you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Chicago in the State of Illinois.

Severability.  If any clause within this section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this section, and the remainder of this section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, the entire section will be unenforceable, and the Dispute will be decided by a court and you and Alpar each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.

Continuation.  This section survives any termination of these Terms or the provision of services or products to you.

13. Indemnification.

You agree to defend, indemnify and hold harmless us and our affiliates, and our directors, officers, employees, and agents, and those of our affiliates, from any and all claims, liabilities, costs, and expenses, including attorneys’ fees, arising in any way from your use of the Website, from your placement or transmission of any message, content, information, software, or other materials on or through the Website, or from your breach or violation of the law or of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. In any event, no settlement that affects the rights or obligations of Alpar may be made without Alpar’s prior written approval.

14. Severability.

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, but such determination shall not affect the validity and enforceability of any remaining provisions

15. Termination.

These Terms automatically terminate when you fail to comply with any term or condition of them. We reserve the right to refuse access to the Website to anyone for any reason at any time. We may terminate, change, suspend or discontinue any aspect of the Website at any time. We may restrict, suspend or terminate your access to the Website if we believe you are in breach of these Terms or applicable law, or for any other reason without notice or liability.

Termination will not limit any of Alpar’s other rights or remedies. This Section 15 (Termination), along with Sections 2 (Proprietary Rights), Section 7 (Product Descriptions), Section 8 (Refund Policy), Section 9 (Third-Party Websites), Section 10 (Third-Party Information and Tools), 11 (Disclaimer of Warranties; Limitations of Liability), 12 (Dispute Resolution), 13 (Indemnification), 14 (Severability), and 16 (Miscellaneous), along with any  other Section or clause which by its nature is intended to survive termination of the Terms, shall so survive.  

16. Miscellaneous.

These Terms constitute the entire agreement between you and ALPAR and govern your use of the Website, superseding any prior agreements between you and ALPAR with respect thereto. We do not represent that materials on the Website are appropriate or available for use outside of the United States of America. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Terms, and the relationship between you and us, shall be governed by the laws of the State of Illinois, United States of America. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Any and all offers or promotions advertised on the Website are void where prohibited by law, and are subject to the posting of any official rules and additional terms pertaining to such offers or promotions. You may not assign these Terms without the prior written consent of Alpar, but Alpar may assign or transfer these Terms, in whole or in part, without restriction. The section headings in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail.

17. Contact Information.

If you have any questions or concerns about these Terms or its implementation, please contact us at [email protected] or call us at 1-708-485-5501. We endeavor to return calls within 1 business day.