Terms of Use
Last modified on November 29, 2022
PLEASE NOTE: THESE TERMS OF USE CONTAIN MUTUAL DISPUTE RESOLUTION PROVISIONS THAT INCLUDE AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS. THEY AFFECT HOW DISPUTES WITH ART HISTORY 101 ARE RESOLVED. YOU AGREE TO BE BOUND BY THE DISPUTE RESOLUTION PROVISIONS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW THE DISPUTE RESOLUTION PROVISIONS CAREFULLY.
Terms of Use
Please carefully read the following Terms of Use before using the www.arthistory101.com website (the “Site”). By accessing and using this Site, or otherwise agreeing to these Terms of Use, you agree to be bound by them. These Terms of Use may be updated from time to time. Accordingly, you should check the date of the Terms of Use (which appear at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site. You will have been deemed to have accepted any changes by, among other things, your continued access or use of this Site.
This Site is operated by Art History One Zero One, LLC (interchangeably “Art History 101” and “Art History 101 Clothing Co.). Throughout the Site, the terms “we,” “us,” and “our” refer to Art History 101 Clothing Co. offers this Site, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated here.
Accuracy, Completeness, and Timeliness of Information on This Site
We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
Orders, Prohibition on Reselling, and Price
The information on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. The prices displayed on the Site are quoted in US dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
Product Information
Select product can be found in our full price stores in the United States while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in stores. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Site.
Use of Material on the Site
All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Art History 101 Clothing Co., its licensors, or its content providers and is protected by copyright, trademark, and other applicable laws. You may access, copy, download, and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access, copy, download, or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Art History 101, is expressly prohibited. Art History 101 reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site, or prohibit any person from using this Site for any reason whatsoever. Art History 101, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Art History 101’s sole discretion. Art History 101 neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with Art History 101.
You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data, or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Art History 101 reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which Art History 101 may be entitled, at law or in equity.
Material You Submit
You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality, and copyright of any such material. You may not upload to, distribute, or otherwise publish through this Site any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
If you do submit material, and unless we indicate otherwise, you grant Art History 101 and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material throughout the world in any media. You grant Art History 101 and its affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided via this Site will be handled in accordance with the Site’s online Privacy Notice. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Art History 101 for all claims resulting from content you supply.
Conduct on the Site
Some features that may be available on this Site require registration. By registering at and in consideration of your use of the Site, you agree to provide true, accurate, current, and complete information about yourself.
Some features on this Site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password, notify Art History 101 immediately. Art History 101 may assume that any communications Art History 101 receives under your password have been made by you unless Art History 101 receives notice otherwise.
You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, “Art History,” “Art History 101,” “Art HSTRY,”, “StarH the World”, and the Art History 101 Clothing Co. logos. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Art History 101’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Art History 101’s express written consent.
Links
This Site may contain links to other websites, some of which are operated by Art History 101 or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked Sites. Art History 101 is not responsible for any losses, damages, or other liabilities incurred as a result of your use of any linked sites.
Trademarks and Copyrights
Trademarks, logos, and service marks displayed on this Site are registered and unregistered trademarks of Art History One Zero One, LLC, Justin “Jay” Pross, their licensors or content providers, or other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. Art History 101 reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces, and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
Infringement Notice
We respect the intellectual property rights of others and request that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our Legal Department, who can be reached at:
C/O Legal Department
7045 Frankford Ave
Philadelphia, PA 19135
Or by email at: [email protected]
In order for us to more effectively assist you, the notification must include ALL of the following:
- A physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf;
- A description of the copyrighted work you claim has been infringed;
- Information reasonably sufficient to locate the material in question on the Site;
- Your name, address, telephone number, email address, and all other information reasonably sufficient to permit Art History 101 to contact you;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- 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 are authorized to act on behalf of the copyright owner.
Art History 101 is under no obligation to post, forward, transmit, distribute, or otherwise provide any material available on this Site, including material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at any time.
DISCLAIMERS
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. ART HISTORY 101 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ART HISTORY 101 OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. ART HISTORY 101 DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ART HISTORY 101 NOR ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, ART HISTORY 101’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ART HISTORY 101, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER ART HISTORY 101 NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH ART HISTORY 101 IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND ART HISTORY 101 AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless Art History 101 and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Art History 101 reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Art History 101 in the defense of such matter.
Applicable Law
The laws of the Commonwealth of Pennsylvania govern these Terms of Use and your use of the Site. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the Commonwealth of Pennsylvania and of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Disputes
UNLESS OTHERWISE PROHIBITED BY LAW, YOU MUST PROVIDE NOTICE TO ART HISTORY 101, PURSUANT TO THE PROCEDURES SET FORTH IN THIS AGREEMENT, OF ANY CLAIM WITHIN ONE YEAR OF ITS ACCRUAL OR YOUR CLAIM SHALL BE WAIVED AND TIME-BARRED.
For purposes of the dispute resolution provisions in these Terms of Use, “Art History 101” shall include its subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns. Art History 101 and you agree arbitrate all disputes and claims between you and Art History 101, except for claims arising from bodily injury or death (“Dispute”). Dispute shall be broadly interpreted and shall include but not be limited to: (1) claims arising out of or relating to any aspect of the relationship between you and Art History 101, whether based in contract, tort, fraud, misrepresentation, or any other statutory or common-law legal theory; (2) claims that arose before the existence of this or any prior Agreement (including, but not limited to, claims relating to advertising; (3) claims for mental or emotional distress or injury not arising out of bodily injury; (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (5) claims that may arise after the termination of this Agreement. Notwithstanding the foregoing, either party may elect to have a Dispute heard in small claims court, which shall seek only individualized relief, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. This election may be made at any time prior to the appointment of an arbitrator. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. In addition, each party retains the right to bring issues to the attention of any federal, state, or local government agencies.
This agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16, and federal arbitration law apply and govern the interpretation and enforcement of the dispute resolution provisions in these Terms of Use. The dispute resolution provisions shall survive termination of the Terms of Use.
There is no judge or jury in arbitration, and court review of an arbitration award is limited.
Commencing Disputes
Prior to commencing an arbitration proceeding, you must first send a describing your claim to our registered office, 3138 Longshore Ave, Philadelphia, PA 19149, with a copy sent by email to [email protected] Notice”). The Notice must include your name, address, telephone number, email address, sufficient information for Art History 101 to identify any transaction at issue; and a detailed description of (1) your Dispute, (2) the nature and basis of your claims, and (3) the nature and basis of the relief sought. You must personally sign the letter. You and Art History 101 agree to negotiate in good faith about the Dispute, including through an informal and individualized telephone conference should Art History 101 request one. You must personally appear at and participate in the telephone conference (if you are represented by counsel, your counsel may also participate). This process should lead to resolution of the Dispute, but if for some reason it is not resolved within sixty (60) days after receipt of the Notice (which period can be extended by agreement of the parties), you may commence an arbitration. Compliance with and completing this 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 informal dispute resolution process. A court shall have the authority to enjoin the filing or prosecution of arbitrations without first providing a fully complete Notice and participating in this informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider shall not accept or administer any arbitration unless the claimant has complied with the Notice and informal dispute resolution process.
Arbitrations shall be administered by the American Arbitration Association (“AAA”), pursuant to its Consumer Arbitration Rules (the “AAA Rules”) as modified by the version of this arbitration provision that is in effect when a party commences an arbitration proceeding with AAA. You can obtain the AAA Rules from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). The party initiating the arbitration proceeding may open a case with the AAA by visiting its website or calling its toll-free number. You may deliver any required or desired notice to Art History 101 by mail to our registered agent Corporation Service Company, 2711 Centerville Road, Wilmington, DE 19808, with a copy sent by email to [email protected]. If there is a conflict between these dispute resolution provisions and the AAA Rules, these dispute resolution provisions shall govern. If AAA will not administer a proceeding under these dispute resolution provisions as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under these dispute resolution provisions as written.
Payment of filing and other fees shall be governed by the AAA Rules. If the arbitrator finds that either the substance of a claim, counterclaim, or relief sought in connection with the arbitration was frivolous or was brought for harassment or an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), either party will have the right to recover its arbitration fees and expenses. In addressing its determination, the arbitrator may consider, among other things, whether a party previously offered full relief to the other party, including, but not limited to, a full refund of the sum paid for items purchased. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator.
Each of us may incur attorneys’ fees during the arbitration. Each of us will bear our own attorneys’ fees, except in the following circumstances. If applicable law permits a prevailing party to recover attorneys’ fees, the prevailing party may seek fees as applicable law permits.
The Arbitration
The arbitration will be conducted by one neutral arbitrator selected with the participation and involvement of both parties pursuant to the AAARules.
if your claim is for $10,000 or less, you may elect that the dispute be resolved without an oral hearing, unless the arbitrator requests otherwise. Notwithstanding the forgoing, if requested by Art History 101, you agree to personally appear (along with your counsel if you are represented) at an individualized telephone conference with a case manager before an arbitrator is appointed. Any in-person shall take place in the location of your county of residence
The arbitrator is bound by the terms of this Agreement as a court would be. All issues are for the arbitrator to decide, except for specific issues otherwise provided elsewhere in these dispute resolution provisions and issues relating to the scope and enforceability of the arbitration provision or whether a dispute can or must be brought in arbitration, which shall be for the court to decide. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitration award shall be binding only among the Parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals.
Class Action Waiver; No Consolidation of Arbitral Claims
The parties agree that the arbitrator may award the same damages and relief (including declaratory or injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the proceeding or order Art History 101 to pay any monies to or take any actions with respect to persons other than you, unless Art History 101 explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED OR ARBITRATED ON A CLASS, JOINT, COLLECTIVE OR CONSOLIDATED BASIS OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS CLAIMS AS A PRIVATE ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF). UNLESS BOTH YOU AND ART HISTORY 101 OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS, JOINT, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
This class action and collective relief waiver is an essential part of this arbitration agreement and, if it is deemed invalid or unenforceable with respect to a particular claim or request for relief, neither you nor Art History 101 is entitled to arbitration of such claim or request for relief. Notwithstanding the foregoing, if after exhaustion of all appeals, any of these prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation is found to be unenforceable as to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), then the parties agree that such a claim or request for relief shall be decided by a court after all other claims and requests for relief are arbitrated.
Additional Procedures for Mass Arbitration
If 25 or more individuals submit Notices or attempt to initiate arbitrations with Art History 101 raising similar claims, and counsel for the individuals bringing the claims are the same or coordinated for these individuals (“Mass Claims”), you and Art History 101 agree that if the claims are not resolved and proceed to arbitration, they shall proceed in staged bellwether proceedings. You understand and agree that if you choose to initiate your claim as part of Mass Claims, the adjudication of your claim might be delayed. Counsel for the individuals and counsel for Art History 101 shall each select ten cases (per side) to be filed in and proceed in arbitration in a bellwether proceeding to be resolved individually. Each case shall be assigned to a separate arbitrator. In the meantime, no other cases may be filed in arbitration, and the AAA shall not accept or administer arbitrations commenced in violation of these procedures. If the parties are unable to resolve the remaining cases after the conclusion of the first stage bellwether proceeding, each side may select another ten cases (per side) to be filed in and proceed in arbitration in a second bellwether proceeding to be resolved individually. Each case shall be assigned to a separate arbitrator. This process shall continue until the parties are able to resolve all of the Mass Claims, either through settlement or arbitration. If these mass arbitration procedures apply to a claimant’s Notice, any statute of limitations applicable to the claims set forth in that Notice will be tolled from the time the first cases are selected for a bellwether proceeding until the claimant’s Notice is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court will have the authority to enforce these mass arbitration procedures and, if necessary, to enjoin the filing or prosecution of arbitrations.
Notwithstanding any provision in these Terms of Use to the contrary, if Art History 101 makes any future changes to these dispute resolution provisions of these Terms of Use (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change by email to [email protected]. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of these dispute resolution provisions.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial to the fullest extent permitted by law and we each irrevocably consent to the exclusive jurisdiction of the courts located in Philadelphia County, Pennsylvania.
Changes to These Terms of Use
We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. You will have been deemed to have accepted any changes by, among other things, your continued access or use of this Site following the posting of changes to these Terms of Use or other policies.
In the event we make material changes to the Terms of Use, notice of these changes will be posted on the homepage of this website and the revised Terms of Use will take effect 30 days after their publication on this Site.
No waiver of any of the provisions of these Terms of Use will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other provision of these Terms of Use.
Entire Agreement and Admissibility
This agreement and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and Art History 101 with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability
Except as otherwise provided herein, if any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place.
How to Contact Us
If you have questions or comments about these Terms of Use or this Site, please contact a Customer Assistance representative at 215-437-9371 or email us at [email protected].