June 19, 2012
Table of Contents
- B. The Website
- C. User Accounts
- D. Legal Statements
- 11. Release
- 12. Proprietary Rights of Content
- 13. No Endorsement of Non-Pearl.com Entity; No Relationship with Users
- 14. Information Control and Storage
- 15. Exclusion of Warranties
- 16. Limitation of Liabilities
- 17. Indemnification
- 18. Press Release Information and Third-Party Press about Pearl.com
- 19. Choice of Law and Dispute Resolution
- 20. Agreement; Assignment; Miscellaneous
By using the Site, you (i) agree to be bound by the Terms, (ii) represent that you are over the age of thirteen (13) and able to form legally binding contracts, (iii) agree and acknowledge that by using the Service you are accepting a benefit that cannot be disgorged, (iv) acknowledge that the service is subject to U.S. export controls and agree that you will comply with U.S. export controls, and (v) represent that you are neither located in sanctioned country a nor a prohibited person.
Please note that these Terms provide that if you and Pearl.com are unable to resolve any disputes that arise between you and Pearl.com, the dispute will be resolved by a specific dispute resolution process that may include arbitration. Arbitration is binding and is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You and Pearl.com also agree that any claims or disputes cannot be brought as a class action. Please carefully review the Dispute Resolution section below and visit http://www.adr.org for more information about arbitration.
In the Terms, "User," "you" and "your" refer to the individual or entity that creates a Pearl.com account. "Pearl.com," "we," "us" and "our" refer to Pearl.com. "Customer" refers to the person who asks a question on the Site. "Professional" refers to the person who answers a question posted on the Site.
When you visit Pearl.com or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your Pearl.com account profile, your current and active email address.
Pearl.com may modify any of the Terms at any time by posting them on the Site. Changes shall automatically be effective upon posting; provided, however, that material changes to the Terms will be effective as to an existing User upon the earlier of the agreement of the User or thirty (30) days after notice to the existing User, either via email from email@example.com or firstname.lastname@example.org or another @pearl.com email address to your email address on file with Pearl.com or via other means including but not limited to a pop-up or banner, message or other conspicuous notice on the Pearl.com website. If you affirmatively agree to the new terms, your agreement will be effective immediately. You agree to make any and all necessary arrangements so that you (and not your spam filter) receive all emails from these email addresses. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site. The latest Terms will be posted on the Site, and you should always review them prior to using the Site.
The Pearl.com Site is a venue for informational and educational purposes to allow Customers to ask questions and Professionals to answer them. Users of the Site, not Pearl.com, provide the content in Posts (defined below). The Professionals determine which questions to answer; Professionals are not employees or agents of Pearl.com but are independent service providers using the Site to sell their Professional knowledge to Customers and are, as such, along with Customers, simply Users of the Site.
Pearl.com is not involved in the conversations between Customers and Professionals and does not refer Customers to or endorse or recommend particular Professionals. You understand and acknowledge that Pearl.com cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of Posts. Pearl.com shall not be liable for any acts or omissions of Professionals, content in Posts, the ability of Professionals to answer questions or the ability of Customers to pay for answers. We cannot ensure that a Customer or Professional will complete a transaction. Notwithstanding the foregoing, Pearl.com reserves the right, but is not obligated, to refuse to post or to remove any content and/or remove any User’s access to the Site.
EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health issues) should be directed immediately by telephone or in-person to qualified professionals (e.g. in the U.S., call 911). The Site is not the appropriate venue to deal with such situations.
The Site is an Internet-based forum (akin to a modern version of a radio call-in program). Information and materials submitted in the content of your questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and posts in the Professional Forum and other places where Users communicate on the Site (collectively "Posts") is not private or confidential, nor is it protected by attorney-client, doctor-patient, or any other privilege, and it may be read, collected, and used by others. For example, search engines may index your questions, answers, and other Posts to allow them to appear in search engine results (e.g. if someone does a search on google.com or another search engine, your questions, answers, and other Posts on Pearl.com that relate to the search may appear in the search results list). To better protect your privacy, use an anonymous user name and do not include information regarding your identity or contact information in your Posts.
Every Professional on the Site has had at least one credential relevant to the category in which he or she is answering questions verified by a third-party verification service. While Pearl.com strives to admit only high-quality Professionals onto the Site, use of the term "Professional" by Pearl.com and on the Site is only meant to describe Users who answer questions on the Site, and not to guarantee any particular level of expertise of the Professional.
Regarding the verification process, Pearl.com contracts with third-party service providers to perform the verifications described above; Pearl.com does not itself verify the credentials of the Professionals. The results of the verifications are only as accurate as the information provided to and by the third-party verification services, as of the time of the providing of information to and by the third-party verification services. Pearl.com makes efforts to verify, including using a third-party identity verification service, but cannot warrant or guarantee a Professional's purported identity; user identification on the Internet is difficult. For these reasons, Pearl.com cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of and provided by Users including Professionals. You acknowledge that Pearl.com will not be liable for any loss or damage caused by your reliance on any information or content contained in Posts.
Answers of Professionals on the Site are provided by Professionals and are to be used by Customers for general information purposes only, not as a substitute for in-person evaluation or specific professional (medical, legal, veterinary, tax, financial, etc.) advice. For example, Professionals in the Legal category will provide only general information about the law, and will not provide legal advice nor propose a specific course of action for a Customer; by answering questions, Professionals do not form attorney-client or doctor-patient relationships with Users of the Site. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Professionals in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.
No professional-client relationships shall be formed on the Site.
Communications on this Site are not confidential and shall not be the subject of any associated privileges. Communications on this Site are limited, as described above, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.
Before you can interact with a Professional, you will be required to agree to a Disclaimer reminding you of these and other important provisions of the Terms.
User Accounts. When you register as a User on the Site, you can establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, password and account data, may not share this information or your account with anyone else, and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify Pearl.com of any unauthorized use of your password or account. You should only create one account on the Site. If your Pearl.com account has been suspended or terminated, you may not open another account on the Site.
You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active Pearl.com accounts.
Restricted Activities. You agree that any content you provide on the Site and your use of our Site shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy (Pearl.com has adopted Take Down Procedures for unauthorized use of copyrighted material); (c) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) be competitive with Pearl.com or the Site; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted with "Mature Audiences Only" in the listing title and appropriate notices to prevent unauthorized underage viewing and shall be distributed only to people legally permitted to receive such content (Information on Parental Control Protections); (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (i) link directly or indirectly to or include descriptions of goods or services that (aa) are prohibited under the Terms; or (bb) you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the Site without Pearl.com's prior written consent. We do not knowingly collect personal information from children under thirteen (13) years of age, and if we become aware that a child under the age of thirteen (13) has submitted personal information to us, we will promptly remove it from our systems.
You are prohibited from soliciting Users of this Site, including Professionals, for any purpose (including inviting other Users to contact you off of the Site or inviting Users to participate in a website that competes with Pearl.com or the Site or charges money to receive answers or to communicate with purported experts or professionals).
Suspension or Termination of Service. You may terminate your service and account at your sole discretion and at any time by written notice via e-mail to email@example.com. Terminations typically will be effective within 7 business days after our receipt of your termination notice, at which time your account will be closed and you will no longer enjoy access to your former account. Any fees accrued as of the effective date of termination will be payable according to the Terms.
At any time, without notice, for any or no reason, Pearl.com reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the Service, and to restrict, suspend and terminate Users’ accounts.
Pearl.com's platform allows Customers to post questions to Professionals in subject-matter categories, facilitates communication with Professionals via chat, emails and online message boards, and enables delivery of answers to your questions, among other services ("Site Access Benefits"). Customers on the Site may be presented with one or two payment models: (1) Pay-Per-Question, and (2) Pearl.com Unlimited.
Pay-Per-Question. With the pay-per-question model, you select the price that you are willing to pay for the Site Access Benefits related to a single question. Once you have selected the price and paid the amount, your question may be posted on Pearl.com.
Pearl.com Unlimited. Pearl.com Unlimited allows Customers to receive Site Access Benefits for multiple questions on the Site for a monthly or other-period recurring fee. The fee is automatically charged to the Pearl.com Unlimited Customer’s payment source provided on the Site and placed in the Customer Payment Pool (account of all Pearl.com Unlimited customers’ payments). At the end of each payment period, any portion of the Pearl.com Unlimited fee remaining in the Customer Payment Pool will be paid to Pearl.com as compensation for the Site Access Benefits to which you were entitled during the payment period.
Rating the Professional. Professionals typically respond to Customers’ questions quickly. If the Professional requests further information before answering your question, you may wish to take advantage of the opportunity to provide more information to the Professional to allow the Professional to help you better.
Once the Professional answers your question, you will be asked to rate the Professional. If you provide a rating of 1-2 stars, you will be asked to provide the Professional with feedback about why you are unsatisfied, so the Professional may try to help you better. By providing a rating of 3, 4 or 5 stars, you are instructing and authorizing that a portion of your payment (for Pay-Per-Question Customers) or an amount from the Customer Payment Pool (for Pearl Unlimited Customers) be paid to the Professional instead of to Pearl.com.
Pearl.com does not guarantee that you will receive a response from a Professional, or that you will be satisfied with your communication with a Professional. For Pay-Per-Question Customers, in the rare instance that no Professional responds at all to your question or you do not accept an answer or request a refund within thirty (30) days, you agree that your payment may be retained by Pearl.com in consideration for the Site Access Benefits received; and in the event that no Professional responds to your question, Pearl.com will provide you with copies of or access to other previously asked questions and answers on Pearl.com in a category related to your question.
Pearl.com Unlimited – Additional Terms. Pearl.com Unlimited memberships are intended and authorized only for personal, non-transferrable, not-for-resale use only. Excessive use by any particular Customer may impair Pearl.com’s ability to offer Pearl.com Unlimited memberships at reasonable prices to other customers and/or indicate non-personal, transferred or resale use. Notwithstanding any other terms, Pearl.com reserves the right to cancel your Pearl.com Unlimited membership in its entirety at any time and for any reason, including but not limited to your excessive use (as determined by Pearl.com in its sole discretion). In the event that Pearl.com cancels a Pearl.com Unlimited membership, it will refund the current period’s fee.
Professionals are ineligible to participate in the Pearl.com Unlimited program as are their immediate family members (spouse, parent, child, sibling and spouse or "step" of each) and those living in the same households (persons, whether related or not, who lived in the same residence as a Professional for at least three (3) months during the twelve (12)-month period preceding the start of the Pearl.com Unlimited membership).
If you agree to Pearl.com Unlimited and then later agree to a different offer of Pearl.com Unlimited, then the terms of the later selected offer will apply and your earlier Pearl.com Unlimited membership will be cancelled.
Refunds, Cancellations and Abuse. Pearl.com takes customer satisfaction seriously.
For Pay-Per-Question Customers, if you do not provide a star rating of 3, 4 or 5, and are not satisfied with your experience on Pearl.com for any reason, then as your sole remedy and within thirty (30) days of when you paid to ask your question on Pearl.com, you may request a refund calling Customer Service (available 24 hours a day, 7 days a week) at 800-681-0103. Please check your My Questions page before requesting a refund to make sure you have viewed the most up-to-date responses to your question. If you have provided a star rating of 3, 4 or 5 or more than thirty (30) days have elapsed since your payment, you will not be entitled to a refund.
For Pearl.com Unlimited Customers, you may cancel Pearl.com Unlimited at any time and request a refund of that period’s fee minus any monies already paid to Professionals by contacting Customer Service 24 hours a day, 7 days a week at 800-681-0103.
If Pearl.com believes, in its sole discretion, that any funds were earned under suspicious circumstances or that funds were derived from a suspect account, Pearl.com will continue to investigate the situation until an adequate resolution has been reached, as determined by us, and which may require the involvement of certain third parties, including any applicable credit card company. Pearl.com will make commercially reasonable efforts not to exceed a ninety-day (90) hold on your account as we and/or a third-party investigate.
Pearl.com maintains the right to initiate special incentive pricing, membership, and other programs. These may be limited, at Pearl.com’s sole discretion, to defined and limited Users or non-Users. Any promotional monies or credits placed into Customer accounts by Pearl.com for use towards answers on the Site remain the property of Pearl.com (they never become the property of Users and never become refundable to the User), and unless otherwise stated on the Site or in an email to a User, will be usable only for thirty (30) days.
Users are responsible for their acts and omissions and content placed on the Site. Because the Pearl.com Site is a venue, in the event that you have a dispute with one or more Users, you release Pearl.com (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You acknowledge that Pearl.com and its licensors and suppliers own the rights to the Pearl.com website and the content displayed on the Site other than Posts. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Pearl.com website, or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by Pearl.com, Pearl.com Users, or Pearl.com Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
You agree that Posts on the Site, materials, ideas, comments and testimonials you submit on the Site or other venues, including but not limited to the Pearl.com blogs, the Pearl.com page on www.facebook.com, the Pearl.com venues on www.twitter.com, www.youtube.com, plus.google.com, www.flickr.com or to the Site administrator or any employee, officer or agent of Pearl.com ("User Content"), will not be considered confidential and may be used by Pearl.com, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials. You also agree that Pearl.com owns, and has the right to register in its name, trademarks and service marks for any category names that you create on Pearl.com, so do not use a category name that you want to reserve for your own benefit. Pearl.com may use other trademarks or service marks in lieu of the category names that you create.
You grant to Pearl.com a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works thereof, that you have in your Posts and User Content, in any media now known or not currently known, with respect to any such Posts and other User Content.
Pearl.com may endeavor to offer to its Users products and services offered by non-Pearl.com entities. Placement of information, logos, links or names of such non-Pearl.com entities on the Site does not constitute an endorsement or warranty of these entities, their products or services. You take full responsibility for a decision to visit or patronize any such entity and hold Pearl.com harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and Pearl.com or between any User (including Customers and Professionals) and Pearl.com by formation of this Agreement (or any of the Related Agreements) or by your participation on the Site. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.
We do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and that Pearl.com is not responsible for the acts or omissions of Users on the Site.
The amount of storage space per User is currently limited. You agree that Pearl.com is not responsible or liable for the deletion or failure to store content and/or other information.
PEARL.COM SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. PEARL.COM DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PEARL.COM DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES WILL PEARL.COM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS PROFESSIONALS OR OTHERS) OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. USE OF THIS SITE IS AT USERS' SOLE RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PEARL.COM OR THROUGH OR FROM THE PEARL.COM SERVICES SHALL CREATE ANY WARRANTY.
IN NO EVENT SHALL PEARL.COM, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO PEARL.COM IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) US$100. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You and Pearl.com agree that any cause of action arising out of or related to this Service must commence within six (6) months after the cause of action arose (except for causes of action arising out of Users' responsibilities in the Indemnification section below); otherwise, such cause of action is permanently barred.
You agree to indemnify and hold Pearl.com, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys' fees, asserted by any third-party that are in any way due to or arising out of your use of or conduct on the Site.
The Site may contain press releases and other information about Pearl.com. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by Pearl.com. Likewise, third-party press about Pearl.com or the Site should not be relied upon as being provided or endorsed by Pearl.com.
CHOICE OF LAW. The Terms shall be governed by, and construed in accordance with the laws of the State of Idaho, without regard to its conflicts of law provisions.
DISPUTE RESOLUTION. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Pearl.com are each waiving the right to a trial by jury and waiving the right to participate in a class action involving all disputes, claims and controversies, of any sort or nature, between us, arising out of the use of the Site ("Dispute"). You and Pearl.com agree that any Dispute shall be resolved solely pursuant to the following procedure: (1) notification to the other party of the facts of the Dispute, the legal basis for the Dispute, and all damages claimed, in writing delivered to (a) the User's email address on file with Pearl.com, or (b) Pearl.com LLC, P.O. Box 29045, San Francisco, CA 94129 or firstname.lastname@example.org, whichever is applicable ("Dispute Notification"); (2) allowance of thirty (30) days from receipt of the Dispute Notification to receive a response to and/or offer to remedy the Dispute; (3) if the Dispute remains unresolved within those thirty (30) days, the filing of a Request for Online Mediation for Small Claims with the American Arbitration Association ("AAA") (or Request for Mediation for the minimum of four (4) hours only if the Small Claims limit is exceeded), available online at http://www.aaamediation.com/, with good faith efforts being made to resolve the Dispute during mediation, and the cost of the mediation being born equally by the parties, which cost is currently set at US$50 but may be changed by the AAA; (4) if the mediation does not resolve the Dispute, submission of a Demand for Arbitration with the AAA, see http://www.adr.org/aaa/faces/services/fileacase/casefiling, in which case the Dispute shall be resolved by binding arbitration (by telephone, online and/or solely based on written submissions as chosen by the party initiating the arbitration, as allowed by the AAA Rules and unless otherwise agreed by the parties) or by filing a claim in small claims court. The cost of any arbitration shall be born equally by the parties (except that Pearl.com may pay the parties' AAA administrative fees up to US$1000), unless otherwise ordered by the arbitrator(s), and the decision of the arbitrator(s) shall be binding and enforceable in any court of competent jurisdiction. In the event of arbitration, if the arbitrator issues you an award that is greater than the value of Pearl.com’s last written settlement offer made before an arbitrator was selected (or if Pearl.com did not make a settlement offer before an arbitrator was selected), then Pearl.com will pay you the amount of the award or US$1000, whichever is greater.
IMPROPERLY SUBMITTED CLAIM. All Disputes must be resolved as set forth above. Disputes filed in a different manner shall be considered improperly filed, and shall entitle Pearl.com to attorneys’ fees and costs up to US$1000, provided that Pearl.com has notified you in writing (at the email address on file with Pearl.com will suffice) of the improperly filed claim, and you have failed to withdraw the claim promptly.
NO CLASS CLAIMS; WAIVER. YOU AND PEARL.COM EXPRESSLY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING and that there shall be no class claims, consolidation or joinder allowed in any dispute between the parties, and that no claim may be made through an action purporting to represent a class of Site users or otherwise asserting claims on behalf of a class ("Waiver"). In the event this Waiver is found to be unenforceable, step (4) of the Dispute resolution process, requiring arbitration, shall be voided in its entirety, and the parties may file a complaint in the courts located in San Francisco County, California and agree to waive any and all jurisdictional, venue or inconvenient forum objections.
This Dispute Resolution section shall survive termination of this Agreement and the termination of your relationship with Pearl.com.
You agree that Pearl.com may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason, including but not limited to because your interaction with other users of the Site, the pricing offered, and fraud mechanisms in place, are based upon individual usage. Pearl.com shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by an officer of Pearl.com. No delay or omission on the part of Pearl.com in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.
Sections 5, 9 (with respect to amounts remaining in your account as of termination), 10, 12, 15, 16, 17, 19 and 20 above will survive any termination of this Agreement.