You have no items in your shopping cart.
DATE LAST MODIFIED: July 20, 2009
CHANGES TO SERVICES, AGREEMENT AND/OR WEBSITE
Pro Tips 4U may amend any part of this Agreement at any time, and the amended terms will be effective 2 days after initial posting at the Website. In addition, Pro Tips 4U may, without prior notice, add, delete or modify some or all of the Services and/or content available on the Website at any time in its sole discretion. Further, Pro Tips 4U may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND WEBSITE. YOUR CONTINUED USE OF THE SERVICES OR WEBSITE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES AND/OR MODIFICATIONS. You should review this Agreement periodically to ensure you become aware of changes which are made to this Agreement by Pro Tips 4U from time to time.
The Services are described within various pages of the Website and may also be described in certain printed materials. You should review these pages and materials to gain a better understanding of the Services and the goals behind the Website. At a general level, Pro Tips 4U serves as an online resource to find various tips and techniques regarding sports and to view and/or download videos (each, a Video") featuring athletes, coaches and other individuals. Among other content and services available at the Website, participants may, from time to time, be able to (a) communicate and share information with others in various online forums, (c) sign up for newsletters, (c) ask questions of, and review advice posted by, various individuals, and (d) purchase downloads of Videos and, from time to time, other products.
Pro Tips 4U expressly reserves the right to (i) discontinue, suspend or terminate the offering of the Services at any time, and (ii) remove or suspend access to any Video at any time. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for any type of commitment.
Pro Tips 4U, as described on the Website, charges a fee for certain Services made available at the Website and affiliated websites. All fees, once paid, are non-refundable, regardless of whether or not you ultimately watch a downloaded Video. Such fees are or will be described in various pages throughout the Website or in separate printed materials. You hereby authorize Pro Tips 4U to charge any credit card you provide to Pro Tips 4U at the Website or elsewhere for all fees due and owing to Pro Tips 4U. Such fees may be charged to your credit card upon purchase or download (as applicable) or, at Pro Tips 4U's option, at a later time. You hereby agree and acknowledge that you shall not, under any circumstance, (i) revoke the above-referenced authorization to charge the above-referenced credit card(s) for any Services rendered, any products purchased at the Website or any materials downloaded or viewed from the Website, or (ii) contest any charges to the above-referenced credit card(s) which are made by Pro Tips 4U. You shall, as is the case with other disputes arising hereunder, be entitled to resolve any and all such disputes pursuant to the dispute resolution Section set forth below. Your use of the Website and/or the Services constitutes your acknowledgment of, and agreement with, this fee arrangement.
NO PROFESSIONAL ADVICE
Any and all advice, suggestions or summaries provided through the Website or any Video should be carefully reviewed by you and/or your personal coaches prior to any person or entity acting on any such advice. Pro Tips 4U does not recommend or endorse any advice or suggestions provided through the Website or any Video, nor does it make any representation or warranty regarding the quality of Services offered or provided through the Website. Neither Pro Tips 4U, nor any of its owners, officers, directors or affiliates, shall be liable for any expenses, damages, injuries or other claims arising out of actions taken by you or any third party on account of advice or tips provided within any Video or at the Website, and you hereby agree to indemnify each such party from and against any such expenses, damages, injuries and/or other claims.
You hereby acknowledge that any responses to questions or blog entries posted at the Website or in any way involving the Website do not, under any circumstance, professional or medical advice. No advice obtained through or via the Website or any Video shall be deemed to constitute professional advice of a doctor or any other third party. Pro Tips 4U does not endorse the advice or thoughts provided by any participant at any forum or by any coach or athlete featured in any Video. Pro Tips 4U's services are administrative and informational only.
By submitting a question on any page within the Website and/or making any submission to the Website, you hereby understand and agree that you have established a business relationship between you and Pro Tips 4U, which is the owner of the Website. As such, you agree that Pro Tips 4U may contact you using contact and/or other information you provided with information, surveys and offers of services available through Pro Tips 4U, the Website or any other website owned or operated by Pro Tips 4U or an affiliate of Pro Tips 4U from time to time. You hereby consent to any such communication, phone calls or e-mails even if your phone number is on any Do Not Call list or if your e-mail is on any other restricted access list. In the event you wish to opt out of receiving any such communications from Pro Tips 4U, please send an e-mail to email@example.com to be removed from this list.
Pro Tips 4U hereby grants you a non-exclusive, nontransferable, revocable limited license to access and use the Website and its contents, including Videos, search results and other information, strictly in accordance with this Agreement and solely for the permitted uses described in this Agreement. This license and authorization is not a transfer of title in any content posted at the Website or any Video and is subject to strict compliance with the rules and other terms of this Agreement. In particular, and not in limitation of the foregoing, (i) any Video or other similar media purchased or downloaded by you at the Website, and any responses to questions received through the Website, are intended for your personal use and may not be re-broadcast, transferred, assigned, shared, sublicensed, sold, viewed by or otherwise made available to anyone other than you, and (ii) you shall be expressly precluded from circulating or distributing to any third party, via e-mail or any other means, any Video downloaded from the Website.
WEBSITE ACCESS RULES
In return for the license and authorization Pro Tips 4U grants you in this Agreement to use the Website, you agree to abide by all the terms of this Agreement and any additional restrictions displayed on the Website, as and when they are updated from time to time, including, without limitation, the rules in this Section. This Section includes certain activities that are expressly not permitted on this Website. Inclusion of these prohibited uses is not intended and should not be construed to modify any description of permitted uses in this or any other Section of this Agreement and you may not construe the fact that a particular activity is not described as a prohibited use in this Section as an indication of permission to engage in that activity if it is not consistent with the permitted uses. Pro Tips 4U reserves the right to remove any content it deems inappropriate in its sole discretion, and may terminate your or any other user's access to restricted areas or forums at the Website at any time in its sole discretion for any or no reason. While Pro Tips 4U reserves the right to monitor all content posted in any forum, it has no obligation to do so.
a. Permitted Uses. You may use the Website only in good faith for your own personal use to obtain information and/or Services offered through the Website. You may download and print out portions of the content from the Website for your convenience provided that you follow the rules in this Agreement.
b. Distribution. Except as expressly permitted under other provisions of this Agreement, you may not modify, reproduce, duplicate, copy, photocopy, print, republish, display, translate, transmit, distribute, sell, resell, rent, lease, loan, exploit, reduce to any electronic medium or machine-readable form, or otherwise make available in any form or by any means all or any portion of the Website, the content or any information or materials retrieved from either of them, including, without limitation, graphics and logos and Videos, in whole or in part, for any purpose without Pro Tips 4U's express prior written consent and approval (which consent may be withheld at Pro Tips 4U's sole discretion).
c. Website Functionality. You may not remove, disable, defeat, or change any functionality or the appearance of the Website or any of the content included on the Website.
d. Interference. You may not interrupt or attempt to interrupt or otherwise interfere with the operation of the Website in any way.
e. Derivative Works. You may not create compilations or derivative works of the Website, the Website content, any Video or any other materials from the Website.
g. Transfer. You may not transfer the Website content to any other person unless you have received all consents necessary from Pro Tips 4U (which consents may be withheld at Pro Tips 4U's sole discretion) and, in addition, you give such other person notice of and they agree to accept the obligations arising under this Agreement.
h. Infringement. You may not use the Website, the Website content, any Video or any other materials from the Website in any manner that may infringe upon any copyright or other intellectual property right, proprietary right, or property right of Pro Tips 4U or any third party.
i. Software. You may not (i) decompile, disassemble, or reverse engineer any of the Website's software, (ii) use any network monitoring or discovery software to determine its architecture, or (iii) use any robot, spider or other automatic device or manual process to monitor materials available on the Website.
j. Information Distribution. You may not use the Website or any communications service, chat room, message board, blog, forum, newsgroup, software library, or other interactive service that may be available to you on or through the Website to transmit, upload, post, distribute or facilitate distribution of, or otherwise make available any information or content, including text, communications, software, images, sounds, data, or other information, that:
i. is false;
ii. contains explicit or graphic descriptions or accounts of sexual acts, including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals;
iii. you are restricted from using under contractual restrictions or fiduciary obligations, including, without limitation, inside information and proprietary and confidential information learned or disclosed as part of an employment relationship or under nondisclosure agreements;
iv. you are restricted from using under any law;
v. infringes upon the intellectual property rights of any third party; or
vi. contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage, or limit the functions of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any other party.
k. Other Prohibited Uses. You may not use the Website for any purpose that:
i. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or otherwise violates Pro Tips 4U's rules or policies;
ii. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other classification protected by law;
iii. invades any person's or entity's privacy or other rights;
iv. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
v. misidentifies yourself or impersonates any person or entity, including, without limitation, any employee or representative of Pro Tips 4U, or falsely states, implies, or otherwise misrepresents your affiliation with a person or entity by, for example, pretending to be someone other than yourself or pretending to represent a company or organization that you are not affiliated with or authorized to represent; or
vi. could otherwise reasonably be deemed or viewed to be unethical, illegal, or offensive.
l. Others' Personal Information. You may not use any automatic or manual process to harvest, collect, or store information about other users of the Website or its services or use any such information for any purpose whatsoever without Pro Tips 4U's express prior written consent and approval (which consent may be withheld at Pro Tips 4U's sole discretion). In any event, you may not knowingly solicit or collect personal information from a child 12 years old or younger without appropriate prior verifiable parental consent.
m. Harm to Minors. You may not take any action on the Website or use the Website content to harm minors in any way.
n. Data Collection. You may not access the Website for data mining or extract any content from the Website for any purpose other than your personal use as described in this Agreement.
o. Commercial Database. You may not use any portion of the Website or any of the Website content as a component of or to develop, in any media, an information storage and retrieval system, database, infobase, or similar information resource that is offered for commercial distribution of any kind, including, without limitation, through sale, license, lease, rental, subscription, or any other distribution mechanism.
p. Sharing. You may not make any portion of the Website, including, without limitation, the Website content, available through any timesharing system, service bureau, the Internet, or any other technology, without Pro Tips 4U's express written consent and approval (which consent may be withheld at Pro Tips 4U's sole discretion).
q. Identifiers. You may not forge headers or otherwise manipulate identifiers on the Website in order to disguise the origin of any Website content transmitted through the Website.
r. Securities Laws. You may not intentionally or unintentionally violate any applicable local, state, national, or international law relating to securities and other aspects of business ownership, including, without limitation: (i) regulations promulgated by the U.S. Securities and Exchange Commission, (ii) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, and the NASDAQ, and (iii) any other similar regulations that have the force of law.
s. Solicitation. You may not use the Website or any Website content to solicit business or to advertise any product or service, or in a manner that violates any state or federal law regulating commercial e-mail, facsimile transmissions or telephone solicitations.
t. Export. You may not export or re-export the Website, any of the Website content, or any software available on or through the Website in violation of the export control laws and regulations of the United States.
Certain portions of the Website may be limited to Pro Tips 4U members or registered users. By using any Pro Tips 4U membership services or accessing any members-only or registered user-only portion of the Website, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain and promptly update the accuracy of the information; and (c) your use of such services does not violate any applicable law or regulation. You may not share your passwords with any third party or otherwise provide access through your account to any restricted area of the Website. Pro Tips 4U shall have the right to terminate or limit any membership or registration in its sole and absolute discretion at any time and for any reason. You agree to notify Pro Tips 4U immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. You are solely responsible for your interactions with other Pro Tips 4U members. Pro Tips 4U reserves the right, but has no obligation, to become involved in any way with disputes between you and other members or registered users.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Website are: Copyright © 2009 Pro Tips 4U, Inc.. All rights reserved. "Pro Tips 4U" is a service mark of Pro Tips 4U, Inc. Other product and company names mentioned herein or within the Website may be the trademarks or service marks of their respective owners. To this end, you may not, without the prior, written consent of Pro Tips 4U (which consent may be withheld at Pro Tips 4U's sole discretion) or the applicable copyright holder (which consent may be withheld at the sole discretion of such holder), modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the content posted at the Website, any Video or any content otherwise owned by Pro Tips 4U or any of its licensors. This Agreement shall not be deemed to transfer from Pro Tips 4U to you (i) any of Pro Tips 4U's or its licensors' intellectual property (including, without limitation, patents, trademarks, service marks, trade names, copyrights and licenses), technology, software programs or any related assets owned by Pro Tips 4U, or (ii) any rights to use or license any of the foregoing except as explicitly set forth in this Agreement.
DISCLAIMERS AND LIMITATIONS
Pro Tips 4U intends that the information contained in the Website be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein or on the Website may be made by Pro Tips 4U at any time. THE WEBSITE, EACH VIDEO AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH EACH ARE PROVIDED "AS IS, WHERE IS AND AS AVAILABLE." PRO TIPS 4U, ITS SUPPLIERS, ITS LICENSORS AND EACH ATHLETE OR COACH FEATURED IN ANY VIDEO EACH HEREBY DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE, ANY VIDEO AND ANY INFORMATION, RECOOMENDATIONS, TIPS, ADVICE, SOFTWARE, PRODUCTS AND SERVICES PROVIDED WITHIN OR THROUGH THE WEBSITE OR ANY VIDEO, INCLUDING WITHOUT LIMITATION (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, (II) AS TO THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEBSITE, ANY VIDEO OR ANY OF PRO TIPS 4U'S SERVICES, (III) WARRANTIES AS TO ANY ADVICE, TIPS OR RECOMMENDATIONS INCLUDED WITHIN ANY VIDEO OR AT THE WEBSITE, OR (IV) AS TO THE ACCURACY OR UTILITY OF ANY SUGGESTION, ADVICE OR ANSWER PROVIDED TO YOU IN ANY PORTION OF THE WEBSITE. USE OF THE WEBSITE, ANY VIDEO AND/OR PRO TIPS 4U'S SERVICES IS AT YOUR OWN RISK. NEITHER PRO TIPS 4U NOR ANY OF ITS LICENSORS IS LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, ANY VIDEO AND/OR PRO TIPS 4U'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE OR ANY VIDEO, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PRO TIPS 4U HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN ALL EVENTS, THE AGGREGATE LIABILITY OF PRO TIPS 4U, ITS OWNERS AND AGENTS FOR ANY REASON AND UPON ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU TO PRO TIPS 4U DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE.
UNAVAILABILITY OF SERVICE OR WEBSITE
You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Website, the Videos and/or the Services. While it is Pro Tips 4U's objective to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Website may operate slowly from time to time, including without limitation videos streamed through the Website. You understand and acknowledge that due to circumstances both within and outside of the control of Pro Tips 4U, access to the Website and/or Services may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, Pro Tips 4U shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you. YOU AGREE THAT PRO TIPS 4U SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE AND/OR SERVICE AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEBSITE AND/OR SERVICE.
RELEASE AND INDEMNITY
Release. Without limiting the generality of the disclaimers set forth in this Agreement, you hereby waive and release Pro Tips 4U, Pro Tips 4U's licensors, subsidiaries, and affiliates and each of their respective past and present equity owners, directors, managers, members, shareholders, officers, employees, agents, contractors and representatives, successors and assigns (collectively, "Pro Tips 4U Releasees" and individually a "Pro Tips 4U Releasee") from any damages and claims of any sort, whether direct or otherwise, that arise out of or result from your use of the Website, the Website content, any Video and/or any Services offered through the Website, including, without limitation, any dealings or transactions between you and third parties from whom you obtain any information, goods, or services through the Website. Indemnity. You will indemnify and hold harmless each of the Pro Tips 4U Releasees against any claim or demand made by any third party and any damages, costs, liabilities, and expenses, including, without limitation, reasonable attorneys' fees, any indemnified party incurs as a result of such a claim or demand arising out of (a) any content you submit or post to or transmit through the Website, (b) your use of or connection to the Website, any Video the Website content or the services offered through the Website, (c) your violation of this Agreement or your violation of any rights of another person, or (d) any activity carried out by another person using your account or password with your knowledge. You shall, upon the request of Pro Tips 4U or its insurer, take over the defense of any claim against any Pro Tips 4U Releasee without cost or expense to any Pro Tips 4U Releasee, it being understood, however, that each Pro Tips 4U Releasee may retain its own counsel and participate in any such claim for the further protection of its/his/her interests.
THIRD PARTY CONTENT
a. General. The Website, the Videos and the Website content may contain or provide access to content provided by third parties, including, without limitation, information, dialogue, opinions, stories, advice, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or e-mailed or otherwise transmitted through the Website or any Video ("Third Party Content") that may include content you find to be inaccurate, offensive, indecent or objectionable. The third party from whom Third Party Content originates is solely responsible for it and Pro Tips 4U assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity or quality of any Third Party Content. Accordingly, Pro Tips 4U has no liability of any kind to you or any other person relating to any Third Party Content, including, without limitation, mistake, misstatement of law, omission, falsehood, defamation, obscenity, pornography, profanity, opinion, representation, and any other content contained in the Third Party Content or for any loss or damage of any kind incurred as a result of the use of any Third Party Content. Statements of opinion and commentary in Third Party Content are those of the third party and, unless Pro Tips 4U expressly states in writing to the contrary, Pro Tips 4U neither endorses nor adopts as its belief any such statements. Pro Tips 4U may provide information in articles Pro Tips 4U posts or links to through the Website only for educational and general informational purposes and not as professional advice. Pro Tips 4U has made no attempt to verify any information contained in such articles.
b. Advertisers. The Website may include advertisements or offers for access to information, goods, and services provided by third parties. Your correspondence or business dealings with or participation in promotions of advertisers on or through the Website, including, without limitation, payment for and delivery of goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. Pro Tips 4U makes no representations about and disclaims any and all liability to any person for any such information, goods and services. Pro Tips 4U does not (i) endorse any advertiser, (ii) provide advice on which advertiser to select, (iii) guarantee any advertiser's information, goods or services, or (iv) act as your general contractor, agent or adviser.
c. Links. As a convenience to you, the Website may contain links to websites that are owned and operated by third parties that are not affiliate with Pro Tips 4U. When you use these links, you will leave the Website and Pro Tips 4U will have no ability to protect your interests. You visit linked websites at your own risk and it is your responsibility to take any protective measures to guard yourself and your computer against viruses and other destructive elements. Pro Tips 4U is not responsible for and, unless it expressly states otherwise in writing, makes no warranty or representation regarding and does not endorse any linked website or any service, product or information provided on or through the linked website. Inclusion of hyperlinks to linked websites on the Website does not imply (i) that Pro Tips 4U sponsors, endorses, or is affiliated or associated with the linked website, (ii) that Pro Tips 4U is legally authorized to use any trademark, trade name, logo, service mark, copyright symbol, legal or official seal, or other proprietary designation or symbol displayed in or accessible through the links, or (iii) that the operator of any linked website is authorized to use any trademark, trade name, logo, copyright symbol, or other proprietary designation in which Pro Tips 4U or any of its affiliates has any ownership or licensee interest.
ERRORS AND DELAYS
Neither Pro Tips 4U, any supplier or licensor or any owner or agent of any such person or entity is responsible for any errors or delays in responding to an inquiry, question or submission, including, without limitation, those caused by (i) an incorrect e-mail address or telephone number provided by you, (ii) the failure of any individual to timely respond to a question or submission, or (iii) technical problems.
Any claim or controversy arising out of or relating to the use of the Website, any Video, to the goods, programs or services provided by Pro Tips 4U, or to any acts or omissions for which you may contend Pro Tips 4U is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of JAMS in force at that time. The arbitration shall be venued in Cook County, Illinois. The arbitrator shall be selected pursuant to the JAMS rules. Should no JAMS rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to Pro Tips 4U. The costs of arbitration shall be paid by the non-prevailing party.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Cook County, Illinois. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages, as limited, however, by the Disclaimers and Limitations Section of this Agreement, and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND PRO TIPS 4U WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable and are subject to very limited review by a court. By using the Services or accessing the Website, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Pro Tips 4U, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Cook County, Illinois. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees from the non-prevailing party.
Pro Tips 4U's contact information, should you need to contact Pro Tips 4U for any reason, is:
Pro Tips 4U
48 Cumberland Drive
Lincolnshire IL 60069
Customer Service: 847-267-9660