Terms of Service for Samyata SwiftTM
Last modified September 09, 2021
All of these terms and related privacy policies can be found at https://samyataswift.com/policy.html.
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS ("AGREEMENT") CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BODATY LLC, AN ILLINOIS LLC ("COMPANY") REGARDING YOUR USE OF THE ONLINE APPLICATION AND TOOL PROVIDED BY BODATY (THE "Samyata Swift SERVICES"). SECTION 23 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN ANY PENDING AND/OR PROPOSED CLASS ACTION LITIGATION. PLEASE SEE SECTION 23 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT.
These Terms of Service apply to Your ("User," "You," or "Your" all of which shall mean and refer to the individual who executed an agreement with Bodaty or any individual with apparent authority, which is apparent through any individual's accessing the User's account), use of the Samyata Swift Services pursuant to this Agreement.
By setting up a subscription, purchasing, and/or using the Samyata Swift Services, You signify Your acceptance of this Agreement, and any amendments or updates hereto.
Bodaty has the right to revise this Agreement, at any time by posting the revised Agreement on the Bodaty Website without any further notice. All changes are effective immediately when Bodaty posts them to the Samyata Swift Services. Your continued use of the Samyata Swift Services after any changes to this Agreement have been posted, shall be deemed Your express acceptance of those revisions.
1.1 Eligibility. By using the Samyata Swift Services, You represent and warrant that: (a) all information You submit is truthful and accurate; (b) You will maintain the accuracy of such information; (c) If You are under 18, You must be at least 13 years of age or older and the User must be Your parent or legal guardian; (d) Your use of the Samyata Swift Services does not violate any applicable law, regulation, rule, standard, or guideline that governs Your use of the Samyata Swift Services, including without limit all state, local, municipal, governmental, federal, and industry standard rules, laws, and/or regulations (collectively, the "Rules,"); (e) You are authorized to agree to this Agreement; and (f) You are an authorized user of the individual or business entity contracted with Bodaty to use the Samyata Swift Services.
1.2 User Warranties. By using the Samyata Swift Services, you expressly represent and warrant that you are legally entitled to enter this Agreement. Your participation in using the Samyata Swift Services is for your sole, personal, or internal business use. When using the Samyata Swift Services, you agree to comply with all applicable laws from your home nation, and the country, state, and city in which you are present while using the Samyata Swift Services.
You may only access the Samyata Swift Services using authorized means. It is your responsibility to check to ensure you download the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software for your device. The Company reserves the right to terminate your use of the Software and/or Samyata Swift Services should you be using the Software or Samyata Swift Services with an incompatible or unauthorized device.
1.4 Electronic Signature Authorization. Under the Electronic Signatures in Global and National Commerce Act (E-Sign), all electronically executed documents related hereto are legally binding in the same manner as are hard copy documents executed by hand signature when: (1) Bodaty or User’s electronic signature is associated with the documents, (2) Bodaty or User consents and intend to be bound by the documents, and (3) the document is delivered in an electronic record capable of retention by the recipient at the time of receipt (i.e., email, print or otherwise store the electronic record). When accepted in electronic form all electronic documents shall be governed by the provisions of E-Sign. By pressing “Submit”, “Accept”, or “I Agree”, Bodaty or User, as the case may be, agrees: (i) that the documents shall be effective by electronic means, (ii) to be bound by the terms and conditions of the documents, and (iii) that it has had the ability to print or otherwise store the documents.
1.4 Account Security. To protect Your Bodaty Account, You agree, at all times, to keep Your password confidential. You are responsible for the activity that happens on or through Your Account. Try not to reuse Your Bodaty Account or specific Product or Service password on third-party applications. If You learn of any unauthorized use of Your password or Bodaty Account, report the issue to firstname.lastname@example.org.
2. Third Party Providers. Bodaty uses various third-party providers and offers their services with and through the Services (the "TPP Services.") By using the Services, including purchasing/using any of the TPP Services, You expressly agree to the terms and conditions thereof which are expressly incorporated by reference in this Agreement. The TPP Services include without limit the following:
3. Use of Ordered Items. Items purchased via the Samyata Swift Services are for personal use only, except for items that You purchase for Your business (like office supplies), which can be purchased via the Samyata Swift Services for use by Your business, but not for commercial resale.
4. Order Cancellations. If You would like to cancel an order purchased through the Samyata Swift Services, You can request cancellation online through Your Account via the Samyata Swift Services by following the prompts therein or by emailing us at email@example.com. Bodaty cannot guarantee that You will be able to cancel an order once placed. If You order an item that is unavailable at the Merchant store location You selected, You can request a refund through Samyata Swift Services by following the prompts therein or by emailing us at firstname.lastname@example.org. For partial refunds, if any part of Your order cannot be fulfilled for any reason (other than You not being present to sign for a delivery when that option is selected at checkout), that part of Your order may be cancelled automatically, and You will not be charged for the items that comprise the unfulfilled part of Your order and any charge will be refunded proportionally to the unfulfilled items.
If You receive delivery of an order You attempted to cancel, You must complete the return process specified by the Merchant and delivered to You at checkout in order to receive a refund for that order. For any issues that are not resolved with the Merchant, email email@example.com.
5. Accepting and Receiving Orders. If you choose delivery through a Personal Shopper, you commit to communicate and coordinate with the personal shopper to ensure an effective completion of purchase, pickup and delivery.
You may be required to authorize the Personal Shopper to make the purchase on your behalf and in this case you commit to paying and accept the agreed upon price.
If You are not present when an item is delivered to You, whether through a personal shopper, delivery service, or the Merchant, You may be charged: (a) for the value of the perishable items in Your order, like cold groceries, and associated taxes and other fees, as those perishable items will be discarded, (b) a return, restocking, and/or disposal fee, each in the amount of $20.00 to offset our costs in arranging for the return, redelivery, or discarding of Your order. You expressly authorize us to charge such fees from the payment method provided by You at the time of Your order. Further, You will not be refunded for items purchased but that are not delivered due to Your unavailability or failure to accept delivery for any reason whatsoever. Notwithstanding the preceding, certain non-perishable items will be returned to the Merchant for Your pickup or redelivery.
6. Return and Refund Policy. By placing an order using the Samyata Swift Services, You acknowledge and understand that attempting to collect a cash refund for a credit card purchase or initiating a fraudulent chargeback is prohibited by law and You hereby agree to indemnify, defend, and hold harmless Bodaty, the Merchant, and each of their respective affiliates from any claims, losses, or liabilities arising from or in connection with a fraudulent chargeback dispute and/or Your violation of the applicable refund and/or return policy.
Return policies vary by Merchant. Each Merchant's return policy will be provided to You at the time You make a purchase using the Samyata Swift Services.
If You are not happy with the condition of Your items when they arrive, we’re happy to help. After reviewing any prompts or messages from the Samyata Swift Services, please follow the below steps:
Missing? Send email to firstname.lastname@example.org with the exact description of what You didn’t get.
Damaged? Send email to Samyata.email@example.com with a photo and a brief description.
Not what You ordered? Send email to Samyata.firstname.lastname@example.org explaining what You ordered and what You received instead.
7. Item Prices and Related Fees. Prices on Samyata Swift are set by each Merchant, and in most cases, You’ll pay the same amount as what You’d pay in-store. Merchant's prices (and the associated taxes and other fees the Merchant charges) may vary based on current in-store or in-warehouse item prices and availability. Because item prices are set by Merchants, sometimes You’ll see higher prices on Samyata Swift than in-store. Item prices and applicable fees (such as taxes and other fees that the Merchant charges, commissions that Bodaty charges Merchants, like bottle deposits and e-waste fees) may vary.
Bodaty charges You an additional flat fee, depending on the payment method (such as credit card, ACH/EFT, deyaPay balance) you use, related to Your use of the Samyata Swift Service that is disclosed to, and authorized by, You each time You make a Purchase using the Samyata Swift Service. You expressly authorize Bodaty to charge You via the payment method authorized by You to make any purchase using the Samyata Swift Service.
When Samyata Swift Shoppers request a Personal Shopper, they put in a “bid” of how much they are willing to pay. Shoppers are often willing to pay more to work with someone with a higher rating, and can request a specific Personal shopper as their Personal Shopper again for future transactions if they had a pleasant experience. If the Shopper does not request a specific Personal Shopper, their bid will be compared against the available Personal Shoppers’ stated (ask) price ranges to see if there is any close match between the bid and ask prices. The shopper is given the option to accept a Personal Shoppers asking price if it is different than the bid price indicated by the Shopper. Upon acceptance of this ask price, the Shopper is obligated to pay this amount and is charged the same for the personal shopping service.
If the shopper is charged for personal shopping services and the Samyata Swift system determines that no personal shopper in available, then the charges are refunded within a period of 7 to 10 days. The shopper is also given the option to retry again. There is no implied or explicit guarantee that a personal shopper will be available upon request and the matching process is done on a best effort basis.
Items purchased from individual stores are listed in Your order history. The shipping or other fee is not a tip or gratuity to the personal shopper, delivery service, or the store.
7.1 Participation in Samyata Gives and related payments Samyata Shoppers can choose to participate in the Samyata Gives program associated with Samyata and may donate through a round up of the purchase price to the nearest higher dollar amount through Samyata or a lump sum to a charity or fundraiser enrolled in the Samyata Gives program. All such donations will be collected by Bodaty from the Samyata Shopper when such a donation is made at the time of purchase in Samyata. Samyata shoppers may nominate new charities for approval by Bodaty to include in the Samyata Gives program. All donations and payments made through the Samyata Gives program are non-refundable regardless of whether a purchase order which originated the donation is returned or cancelled. Bodaty may charge the charity or fundraiser a percentage of donations as a processing fee. Bodaty may at its sole discretion promote the fact that the Samyata Shopper has donated to the charity or fundraiser. The charity or fundraiser may also promote the fact that the Samyata Shopper has donated to the charity or fundraiser.
8. Title, Sales, Taxes. All sales made through the Samyata Swift Services are made online via web or mobile applications and are processed as online transactions. You will receive an electronic receipt for Your order through the Samyata Swift Service. Bodaty does not take title or liability for any items purchased through Samyata Swift. Rather, title for each item You purchase will pass directly from the Merchant to You, either in the Merchant’s store at the point of sale when any such items are purchased, regardless of whether Bodaty facilitates the delivery of the purchased items through a personal shopper. Any item replacement or other protection afforded to You by Bodaty or the Merchant for damage or loss that occurs in transit is offered as a matter of customer service only and is not intended to alter the transfer of title for items. State and local sales tax will be calculated via third party providers based on the Merchant and information provided by You and will be communicated to You.
9. Merchant Loyalty Programs. When ordering from a Merchant via the Samyata Swift Services You may provide Bodaty with Your account number for that Merchant’s loyalty/rewards program and Bodaty will pass that information to the Merchant. Bodaty has no control over which benefits or discounts are ultimately provided to You, and Bodaty bears no responsibility for any Merchant loyalty or reward programs. Each Merchant reserves the right to refuse to grant loyalty/reward benefits or discounts for any order in their sole discretion. The terms and conditions applicable to a Merchant’s loyalty/rewards program are between You and the Merchant.
11.1 Intellectual Property Ownership. Except for Contributions that are expressly owned by third parties, but including all other data collected by Bodaty such as transaction data, the content on the Samyata Swift Services, including without limitation, editorial or other content original to the Samyata Swift Services ("Materials") and the trademarks, service marks, and logos contained therein ("Marks"), are owned by or licensed to Bodaty or its third-party vendors, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
11.2 Use of Intellectual Property. The Samyata Swift Services are provided to You AS IS for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, or otherwise exploited for any other purposes whatsoever without the prior written consent of Bodaty and/or third parties. Bodaty reserves all rights not expressly granted in and to the Samyata Swift Services. You agree to not engage in the use, copying, or distribution of any of the Samyata Swift Services other than expressly permitted by Bodaty, including any use, copying, or distribution of third parties' materials obtained through the Samyata Swift Services for any commercial purposes. If You download or print a copy of anything derived from the Samyata Swift Services for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Samyata Swift Services or features that prevent or restrict use or copying of any information derived from the Samyata Swift Services or enforce limitations on use of the Samyata Swift Services therein.
11.3 Improvements. You may suggest or provide to Bodaty with certain improvements, concepts, ideas, know-how, techniques, software (including, without limitation, programs), program listings, programming tools, documentation (including, without limitation, manuals), techniques, reports and drawings developed or owned by You (collectively "Improvements,") to improve the Samyata Swift Services. You expressly agree that by supplying any Improvement to Bodaty, You agree that Bodaty may use the Improvements in any manner and that You waive any claim to ownership should Bodaty use or implement the Improvement on the Samyata Swift Services or otherwise, and that You shall have no interest in or to that property as used by Bodaty.
Our automated systems analyze Your User Content, purchase history, and other interactions with the Products and Services to provide You personally relevant product features, such as customized search results, and tailored advertising. This analysis occurs as the content is sent, received, and when it is stored. You expressly authorize us to track Your Geo-location Data and use, store, and analyze Your Geo-location Data, and to share Your Geo-location Data with our partners and affiliates in an effort to offer You promotions and additional services related to the Products and Services. We may also share Your data with third parties, including any third-party provider related to the Products or Services, for the purpose of facilitating the compliance , improving the Products or Services, or complying with any provider's requests. Further, Bodaty may sell Your data to third parties. At any time You may request information related to what data is collected and used or otherwise sold, and the identities of such third parties that use or gain access to You data from Bodaty.
We recognize the need to provide further privacy protections with respect to personal information we may collect from children on our sites and applications. Some of the features on our sites and applications are age-gated so that they are not available for use by children, and we do not knowingly collect personal information from children in connection with those features. When we intend to collect personal information from children, we take additional steps to protect children’s privacy, including:
12.1 Bodaty Management. Bodaty reserves the right but does not have the obligation to: (a) monitor the Samyata Swift Services for violations of this Agreement; (b) take appropriate legal action against anyone who, in Bodaty's sole discretion, violates this Agreement, including without limitation, reporting You to law enforcement authorities, regulatory bodies, or other entities or organizations; (c) in Bodaty's sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any feature or any portion of the Samyata Swift Services that may violate this Agreement, the Rules, or any Bodaty policy; (d) in Bodaty's sole discretion and without limitation, notice, or liability remove from the Samyata Swift Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to Bodaty's systems; (e) terminate any authorized user, Your, or User's access to the Samyata Swift Services; and (f) to otherwise manage the Samyata Swift Services in a manner designed to comply with the Rules, protect the rights and property of Bodaty and others and to facilitate the proper functioning of the Samyata Swift Services.
12.2 Bodaty's Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, BODATY RESERVES THE RIGHT TO, IN BODATY'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE Samyata Swift SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
13. Data Security. Bodaty has implemented and maintains reasonable security measures to protect data from unauthorized access, acquisition, destruction, use, modification, or disclosure. Additionally, Bodaty requires that all of its partners or affiliates that may have access to Your data have agreed to implement and maintain reasonable security measures to similarly keep any data shared by Bodaty confidential. Further, should any potential or actual breach occur, Bodaty has a dedicated team to respond to such breach and will keep You informed as necessary to maintain Your privacy.
14. Term. This Agreement shall remain in full force and effect while You use the Samyata Swift Services or are a User. You may terminate Your use or participation at any time, for any reason, by following the instructions on the Samyata Swift Services. Bodaty may terminate Your use or participation at any time, without warning. Even after Your use and participation is terminated, this Agreement will remain in effect, including all sections and obligations that reasonably survive termination.
15. Copyright Policy. Bodaty will, in its sole discretion, terminate the account and access rights of any User who commits violations of copyright infringement. If You are a copyright owner or the legal agent of a copyright owner, and You believe that any User submission or content on the Samyata Swift Services infringes upon Your copyrights, You may submit a notification to Company pursuant to the Digital Millennium Copyright Act ("DMCA") Notice (http://automattic.com/dmca).
16. Modifications. Bodaty may modify this Agreement from time to time with or without notice to You. Bodaty will alert all You of such changes by posting those changes on the Samyata Swift Services, located at https://samyataswift.com/policy.html. You agree to be bound to any changes to this Agreement when You use the Bodaty Services after any such modification is posted. It is therefore important that You regularly review this Agreement to ensure You are informed of any changes.
17. Disputes Between Users. You are solely responsible for Your conduct. Bodaty reserves the right, but has no obligation, to monitor disputes between You and other authorized users.
18. Warranties. THE SERVICES AND THE ITEMS PURCHASED THROUGH THE SERVICES ARE BROUGHT TO YOU “AS IS” AND “WITH ALL FAULTS.” NEITHER BODATY NOR THE MERCHANTS THAT SELL THE ITEMS THROUGH THE SERVICES MAKE ANY WARRANTIES OR PROMISES ABOUT THE ITEMS PURCHASED THROUGH THE SERVICES. FOR EXAMPLE, NEITHER Samyata Swift/BODATY (NOR THE MERCHANTS) MAKES ANY PROMISES OR COMMITMENTS ABOUT THE FUNCTIONALITY OF THE ITEMS, OR THEIR QUALITY, DURABILITY, SAFETY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, BODATY (AND THE MERCHANTS) EXCLUDE ALL WARRANTIES AND BODATY (AND THE MERCHANTS) ALSO DISCLAIM AND EXCLUDE ALL REMEDIES, DAMAGES, OR FINANCIAL LOSSES INCLUDING REPAIR AND REPLACEMENT REMEDIES, DIMINUTION IN ITEM VALUE, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
If You need a copy of the manufacturer's warranty for a product purchased via the Services, please contact the manufacturer or visit their website for more information. In some cases, You may be able to access the warranty information from the product detail page within the Services.
19. Your Samyata Swift Account. Bodaty may terminate or suspend Your Samyata Swift user account at any time for any reason. If any suspension or termination of Your Samyata Swift account by Bodaty results in You not receiving an order placed before such suspension or termination, You will receive a full refund for such order, except in the instance where Bodaty discovers that Your account was used for fraudulent transactions.
20. Notice and Communications. Bodaty may contact (i) You, (ii) the Merchant, (iii) the applicable shipping/delivery company or service provider, including any personal shopper, (iv) Your item manufacturer, and (v) any other relevant party regarding any purchase you make through the Samyata Swift Services, or any claims You file and may share information related to your purchase that Bodaty collects from You, not including Biometric or Geo-location data, in order to facilitate Your use of the Samyata Swift Services.
Bodaty may also (i) contact You to request feedback about Your experience with the item(s) and/or the Merchant, and (ii) contact shipping companies or delivery services, including personal shoppers on Your behalf to request shipment tracking information shared by or on behalf of the Merchant.
Bodaty may communicate with You regarding Your purchase by means of electronic communications, including (i) sending electronic mail to the email address that You provided to the Merchant or to Bodaty, or (ii) sending You a post-purchase survey when You purchase on Samyata Swift. You agree that Bodaty may communicate with You by means of electronic communications the following: these terms (and revisions or amendments), refunds, and any other matter relating to Your use of the Services. You expressly authorize Bodaty to call/text/email You regarding Your performance hereunder and to offer You additional products and services. Your consent hereunder supersedes any request to not be contacted, such as Your registry on Do Not Call Lists.
Electronic communications will be deemed received by You when Bodaty sends the electronic communication to Your email address. For those communications or records that Bodaty is otherwise required under applicable law to provide in a written paper form to You, You agree that Bodaty may provide those communications or records by means of electronic communications. The following additional terms will apply to such electronic communications: (i) You may request a paper copy of such an electronic communication, and Bodaty reserves the right to charge a fee to provide such paper copy.
In addition to the electronic communications authorized under this section, statements, notices and other communications to You may be made by mail, email, or other reasonable means. Bodaty may also provide notices of changes to these terms or other matters by displaying links to notices on the websites of Bodaty or a Bodaty-affiliated or partner company.
21. Merchant Disputes. Notwithstanding anything to the contrary in these terms, You agree to release, hold harmless, defend, and indemnify Bodaty, its affiliates, and its and their respective officers, directors, employees, agents, and contractors (collectively, “Bodaty Parties”), from all claims, demands, and damages (actual and consequential) arising out of or in any way connected with a dispute between You and any Merchant and/or a Personal Shopper. Except in connection with the claims process as described herein, You agree that You will not involve Bodaty Parties or any of their affiliates in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any Merchant, other customer, advertiser or other third party. If You attempt to do so, (i) You will pay all costs and attorneys’ fees of all Bodaty Parties and will provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute will be subject to binding arbitration as set forth below, and Bodaty will not be treated as a third party to any such litigation.
22. Indemnification. To the extent permitted by applicable law, You agree to indemnify, defend, and hold harmless the Bodaty Parties from and against any and all claims, demands, causes of action, debt, or liability, including without limitation attorney’s fees and costs incurred by the Bodaty Parties arising out of, related to, or which may arise from: (i) Your purchase of an item on Bodaty; (ii) any breach or non-compliance by You of any term of these terms or policies; (iii) any dispute or litigation caused by Your actions or omissions; or (iv) Your negligence or violation or alleged violation of any law or rights of a third party. This defense and indemnification obligation will survive these Terms of Service and Your use of the Services.
23. Dispute Resolution and Arbitration. BINDING ARBITRATION . ANY DISPUTE OR CLAIM BETWEEN THE PARTIES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE FULLY AND FINALLY RESOLVED BY BINDING ARBITRATION IN CHICAGO ILLINOIS IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES AND PRACTICES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) FROM TIME TO TIME IN FORCE AND EFFECT. THIS AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE AND IS THE EXCLUSIVE REMEDY FOR THE RESOLUTION OF SUCH DISPUTES UNDER THIS AGREEMENT. THERE SHALL BE A SINGLE ARBITRATOR, WHO MUST BE (I) A LAWYER ENGAGED FULL-TIME IN THE PRACTICE OF LAW AND A MEMBER IN GOOD STANDING OF THE STATE BAR OF ILLINOIS AND (II) ON THE AAA REGISTER OF ARBITRATORS. WITHIN THIRTY (30) DAYS OF THE CONCLUSION OF THE ARBITRATION HEARING, THE ARBITRATOR SHALL PREPARE WRITTEN FINDINGS OF FACT AND CONCLUSIONS OF LAW. JUDGMENT ON THE WRITTEN AWARD MAY BE ENTERED AND ENFORCED IN ANY STATE OR FEDERAL COURT LOCATED IN CHICAGO ILLINOIS. THE PARTIES HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE TRIBUNAL SO SELECTED, TO THE EXCLUSION OF ANY OTHER COURT WHICH MIGHT HAVE HAD JURISDICTION APART FROM THIS SECTION, WAIVE ANY DEFENSE OF LACK OF IN PERSONAM JURISDICTION OF SUCH COURTS AND AGREE THAT SERVICE OF PROCESS IN ANY ACTION BEFORE SUCH COURTS MAY BE MADE BY MAILING IT TO THE PARTY TO BE SERVED AT THE ADDRESS PROVIDED HEREIN. IT IS MUTUALLY AGREED THAT THE WRITTEN DECISION OF THE ARBITRATOR SHALL BE VALID, BINDING, FINAL, AND NON-APPEALABLE; PROVIDED HOWEVER, THAT THE PARTIES HERETO AGREE THAT THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO AWARD PUNITIVE DAMAGES AGAINST ANY PARTY TO SUCH ARBITRATION. THE ARBITRATOR SHALL REQUIRE THE NON-PREVAILING PARTY TO PAY THE ARBITRATOR’S FULL FEES AND EXPENSES OR, IF IN THE ARBITRATOR’S OPINION THERE IS NO PREVAILING PARTY, THE ARBITRATOR’S FEES AND EXPENSES WILL BE BORNE EQUALLY BY THE PARTIES THERETO. EACH OF THE PARTIES HERETO FURTHER AGREES THAT IT WILL NOT BECOME A MEMBER OF ANY CLASS-WIDE LITIGATION OR ARBITRATION AND WILL NOT INITIATE ANY CLASS ACTION LITIGATION OR ARBITRATION AGAINST THE OTHER PARTY. FURTHER THE PARTIES AGREE THAT THEY WILL NOT ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OF ANY GROUP, CLASS, OR OTHERWISE SIMILARLY SITUATED INDIVIDUAL OR ENTITY.
24. Notices and Contact. All notice shall be mailed to 200 E. 5th Avenue, Suite #121DE, Naperville IL 60563, United States, Attn: Legal Department. In addition, You shall send all notices to Bodaty via email with receipt acknowledged to email@example.com.