Refund Policy
The first payment is non-refundable, however in any given month thereafter you can request a refund for that month within
the first 5 days of your renewal so long as none of the services have been used. Please email coordinator@underwing.co and
we will process your request within the next business day.
Terms Of Use
We aim to make finding and selecting a health care plan easy and convenient for you. This Terms of Use Agreement (the
“Agreement”) outlines the terms and conditions of use of the online websites, applications, content,
products, and
services (collectively, the “Platform”) (“Services”). The website located at https://underwing.co/
(the “Site”) is a
copyrighted work belonging to JAUNTIN', Inc. (dba UnderWing) and its parents, subsidiaries, representatives,
affiliates, officers, and directors (“Company”, “UnderWing”, “us”, “our”, and
“we”). Certain features of the Site
may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such
features. By accessing or using our Services, you agree to be bound by this Agreement, our Privacy Policy, and our
Cookies Policy (collectively, the “Terms”). If you do not agree to these Terms please do not access or
otherwise use
our Services or any information contained herein.
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND OUR SERVICES. BY
ACCESSING OR USING THE SITE OR OUR SERVICES, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT
YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE
TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE, USE THE
PLATFORM, OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS
OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE OR OUR SERVICES.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 9.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN
JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
- ACCOUNTS.
- Account Creation. In order to use certain features of the Site, you must register for an account
(“Account”) and provide certain information about yourself as prompted by the account
registration form. You represent and warrant that: (a) all required registration information you submit
is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your
Account at any time, for any reason, by following the instructions on the Site. Company may suspend or
terminate your Account in accordance with Section 8.
- Account Responsibilities. You are responsible for maintaining the confidentiality of your Account
login information and are fully responsible for all activities that occur under your Account. You agree
to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or
any other breach of security. Company cannot and will not be liable for any loss or damage arising from
your failure to comply with the above requirements.
- Privacy and Passwords. We value and protect the privacy of your information. Please review our
Privacy Policy, as it contains important information relating to your use of our Platform and Services.
Some portions of the Site and Platform may require a user identification code ("User ID") and password
for access. If the Site or Platform require User ID and password for access, unauthorized access or use
of such portions of the Platform is prohibited. You agree that you will notify us immediately if you
believe that a third party has obtained your User ID or password, or if you believe that any
unauthorized access or use may occur or has occurred. Notify us using the Contact Information below in
Section 9.9. For your protection, if we believe that any unauthorized access may occur or has occurred,
we may terminate your account access without prior notice to you. You also agree that we are permitted
to act upon any instructions received using your User ID and password and to consider such instructions
as authorized by you.
- Fees. In order to use our Services, you agree to pay all fees associated with such Services.
Payment processing services are through the third-party vendor, Stripe. We do not handle or process any
of your payment transactions. Payment is non-refundable and your drug card and welcome package will be
sent to the email you provided us during your Account Creation.
- ACCESS TO THE SITE.
- License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable,
limited license to use and access the Site solely for your own personal, noncommercial use.
- Certain Restrictions. The rights granted to you in these Terms are subject to the following
restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or
otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the
Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse
engineer any part of the Site; (c) you shall not access the Site in order to build a similar or
competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site
may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any
form or by any means. Unless otherwise indicated, any future release, update, or other addition to
functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices
on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
- Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the
Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to
you or to any third party for any modification, suspension, or discontinuation of the Site or any part
thereof. Your continued use of the Platform or Site after any such amendments are made constitutes your
acknowledgement and acceptance of the Agreement and its amendments.
- No Support or Maintenance. You acknowledge and agree that Company will have no obligation to
provide you with any support or maintenance in connection with the Site.
- Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that
all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in
the Site and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your
access to the Site) transfers to you or any third party any rights, title or interest in or to such
intellectual property rights, except for the limited access rights expressly set forth in Section 2.1.
Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses
granted under these Terms.
- USER CONTENT.
- User Content. “User Content” means any and all information and content that a user submits
to, or uses with, the Site (e.g., content in the user’s profile or postings). You are solely responsible
for your User Content. You assume all risks associated with use of your User Content, including any
reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content
that personally identifies you or any third party. You hereby represent and warrant that your User
Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or
imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because
you alone are responsible for your User Content, you may expose yourself to liability if, for example,
your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User
Content, and your User Content may be deleted at any time without prior notice. You are solely
responsible for creating and maintaining your own backup copies of your User Content if you desire.
- License. You hereby grant (and you represent and warrant that you have the right to grant) to
Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce,
distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and
otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely
for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to
cause to be waived) any claims and assertions of moral rights or attribution with respect to your User
Content.
- Open Source Software. Certain software code incorporated into or distributed with the Plateform
or otherwise with the Services may be licensed by third parties under various "open-source" or
"public-source" software licenses (collectively, the "Open Source Software"). Notwithstanding anything
to the contrary in these Terms, the Open Source Software is not licensed under these Terms and instead
is separately licensed pursuant to the terms and conditions of their respective open-source software
licenses. You agree to comply with the terms and conditions of such open-source software license
agreements.
- Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
- You agree not to use the Site to collect, upload, transmit, display, or distribute any User
Content (i) that violates any third-party right, including any copyright, trademark, patent,
trade secret, moral right, privacy right, right of publicity, or any other intellectual property
or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful,
invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade
libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or
physical harm of any kind against any group or individual or is otherwise objectionable; (iii)
that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or
obligations or restrictions imposed by any third party.
- In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any
computer viruses, worms, or any software intended to damage or alter a computer system or data;
(ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk
mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited
messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or
assemble information or data regarding other users, including e-mail addresses, without their
consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks
connected to the Site, or violate the regulations, policies or procedures of such networks; (v)
attempt to gain unauthorized access to the Site (or to other computer systems or networks
connected to or used together with the Site), whether through password mining or any other
means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use
software or automated agents or scripts to produce multiple accounts on the Site, or to generate
automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site
(provided, however, that we conditionally grant to the operators of public search engines
revocable permission to use spiders to copy materials from the Site for the sole purpose of and
solely to the extent necessary for creating publicly available searchable indices of the
materials, but not caches or archives of such materials, subject to the parameters set forth in
our robots.txt file).
- Enforcement. We reserve the right (but have no obligation) to review any User Content, and to
investigate and/or take appropriate action against you in our sole discretion if you violate the
Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any
other person. Such action may include removing or modifying your User Content, terminating your Account
in accordance with Section 8, and/or reporting you to law enforcement authorities.
- Feedback. If you provide Company with any feedback or suggestions regarding the Site
(“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have
the right to use and fully exploit such Feedback and related information in any manner it deems
appropriate. Company will treat any Feedback you provide to Company as non-confidential and
non-proprietary. You agree that you will not submit to Company any information or ideas that you
consider to be confidential or proprietary.
- INDEMNIFICATION. You agree to indemnify and hold Company (and its officers, employees, and agents)
harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or
arising out of (a) your use of the Site or Platform, (b) your violation of these Terms, (c) your violation of
applicable laws or regulations or (d) your User Content. Company reserves the right, at your expense, to assume
the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to
cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent
of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon
becoming aware of it.
- THIRD-PARTY SITES; OTHER USERS
- Third-Party Sites. The Site may contain links to third-party websites and services, and/or
display advertisements for third parties (collectively, “Third-Party Sites”). Such Third-Party
Sites are not under the control of Company, and Company is not responsible for any Third-Party Sites.
Company provides access to these Third-Party Sites only as a convenience to you, and does not review,
approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Sites. You
use all Third-Party Sites at your own risk, and should apply a suitable level of caution and discretion
in doing so. When you click on any of the Third-Party Sites, the applicable third party’s terms and
policies apply, including the third party’s privacy and data gathering practices. You should make
whatever investigation you feel necessary or appropriate before proceeding with any transaction in
connection with such Third-Party Sites.
- Other Users. Each Site user is solely responsible for any and all of its own User Content.
Because we do not control User Content, you acknowledge and agree that we are not responsible for any
User Content, whether provided by you or by others. We make no guarantees regarding the accuracy,
currency, suitability, or quality of any User Content. Your interactions with other Site users are
solely between you and such users. You agree that Company will not be responsible for any loss or damage
incurred as the result of any such interactions. If there is a dispute between you and any Site user, we
are under no obligation to become involved.
- Release. You hereby release and forever discharge the Company (and our officers, employees,
agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and
future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of
every kind and nature (including personal injuries, death, and property damage), that has arisen or
arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any
interactions with, or act or omission of, other Site users or any Third-Party Sites). IF YOU ARE A
CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE
FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW
OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR
HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- DISCLAIMERS.
- The Services are “As-Is”. THE SITE AND PLATFORM IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE”
BASIS, AND COMPANY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE
SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN
DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
The tools and resources that we may provide on our website to engage members in their health and
wellness have been compiled from publicly available sources. While underwing makes reasonable efforts to
ensure that the information on our platform and site is accurate, we make no representations or
warranties as to the accuracy or reliability of any information provided on therein.
You understand and agree that any material downloaded or otherwise obtained through the platform or site
is done at your own discretion and risk and that you will be solely responsible for any damages to your
computer services or internet-capable devices, or loss of data that results from the download of such
material.
- Not Medical Advice. The contents of the Services and on the Site are for informational purposes
only. The content does not provide medical advice and is not intended to be a substitute for
professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other
qualified health professionals or providers with any questions you may have regarding a medical
condition or medicine. Never disregard professional medical advice or delay in seeking it because of the
Services. We do not recommend or endorse any specific prescription drug or pharmacy that may be
mentioned in relation to the Services. Reliance on any information provided by us or the Services is
solely at your own risk. You may have access to medical professionals through our partner, BasiCare
Plus, Optum, or through other third parties. These services may provide you with online visits to for
many popular health conditions, which visits may include medical advice from medical professionals who
are able to prescribe medication. To the extent you wish to use the service, you are providing your
health information and receiving advice and prescriptions from such services and not from Company. Any
advice or services you receive will be subject to additional terms you will agree to from such services.
If you have or suspect that you have a medical problem or condition, please contact a qualified health
care professional immediately.
- LIMITATION ON LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL
COMPANY
(OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF
SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING
FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING
THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY
TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF
MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND
ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- TERM AND TERMINATION. Subject to this Section, these Terms will remain in full force and effect
while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any
time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon
termination of your rights under these Terms, your Account and right to access and use the Site will terminate
immediately. You understand that any termination of your Account may involve deletion of your User Content
associated with your Account from our live databases. Company will not have any liability whatsoever to you for
any termination of your rights under these Terms, including for termination of your Account or deletion of your
User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms
will remain in effect: Sections 2.2 through 2.5, Section 3 and Sections 4 through 9
- GENERAL.
- Changes. These Terms are subject to occasional revision, and if we make any substantial changes,
we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any),
and/or by prominently posting notice of the changes on our Site. You are responsible for providing us
with your most current e-mail address. In the event that the last e-mail address that you have provided
us is not valid, or for any reason is not capable of delivering to you the notice described above, our
dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the
changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty
(30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30)
calendar days following our posting of notice of the changes on our Site. These changes will be
effective immediately for new users of our Site. Continued use of our Site following notice of such
changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and
conditions of such changes.
- Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract
with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A
CLASS ACTION WAIVER.
- Applicability of Arbitration Agreement. All claims and disputes (excluding claims for
injunctive or other equitable relief as set forth below) in connection with the Terms or the use
of any product or service provided by the Company that cannot be resolved informally or in small
claims court shall be resolved by binding arbitration on an individual basis under the terms of
this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be
held in English. This Arbitration Agreement applies to you and the Company, and to any
subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns,
as well as all authorized or unauthorized users or beneficiaries of services or goods provided
under the Terms.
- Notice Requirement and Informal Dispute Resolution. Before either party may seek
arbitration, the party must first send to the other party a written Notice of Dispute
(“Notice”) describing the nature and basis of the claim or dispute, and the requested
relief. A Notice to the Company should be sent to: 123 Main Street, Suite 1302, Chicago,
Illinois 60611. After the Notice is received, you and the Company may attempt to resolve the
claim or dispute informally. If you and the Company do not resolve the claim or dispute within
thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.
The amount of any settlement offer made by any party may not be disclosed to the arbitrator
until after the arbitrator has determined the amount of the award, if any, to which either party
is entitled.
- Arbitration Rules. Arbitration shall be initiated through the American Arbitration
Association (“AAA”), an established alternative dispute resolution provider (“ADR
Provider”) that offers arbitration as set forth in this section. If AAA is not available
to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the
ADR Provider shall govern all aspects of the arbitration, including but not limited to the
method of initiating and/or demanding arbitration, except to the extent such rules are in
conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”)
governing the arbitration are available online at www.adr.org or by calling the AAA at
1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims
or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars
(US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option
of the party seeking relief. For claims or disputes where the total amount of the award sought
is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined
by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your
residence, unless you reside outside of the United States, and unless the parties agree
otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable
notice of the date, time and place of any oral hearings. Any judgment on the award rendered by
the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants
you an award that is greater than the last settlement offer that the Company made to you prior
to the initiation of arbitration, the Company will pay you the greater of the award or
$2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements
arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR
Provider.
- Additional Rules for Non-Appearance Based Arbitration. If non-appearance based
arbitration is elected, the arbitration shall be conducted by telephone, online and/or based
solely on written submissions; the specific manner shall be chosen by the party initiating the
arbitration. The arbitration shall not involve any personal appearance by the parties or
witnesses unless otherwise agreed by the parties.
- Time Limits. If you or the Company pursue arbitration, the arbitration action must be
initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing
a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
- Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the
rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated
with any other matters or joined with any other cases or parties. The arbitrator shall have the
authority to grant motions dispositive of all or part of any claim. The arbitrator shall have
the authority to award monetary damages, and to grant any non-monetary remedy or relief
available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator
shall issue a written award and statement of decision describing the essential findings and
conclusions on which the award is based, including the calculation of any damages awarded. The
arbitrator has the same authority to award relief on an individual basis that a judge in a court
of law would have. The award of the arbitrator is final and binding upon you and the Company.
- Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS
TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims
and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration
procedures are typically more limited, more efficient and less costly than rules applicable in a
court and are subject to very limited review by a court. In the event any litigation should
arise between you and the Company in any state or federal court in a suit to vacate or enforce
an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead
electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS
ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS
BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR
CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- Confidentiality. All aspects of the arbitration proceeding, including but not limited to
the award of the arbitrator and compliance therewith, shall be strictly confidential. The
parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall
not prevent a party from submitting to a court of law any information necessary to enforce this
Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Severability. If any part or parts of this Arbitration Agreement are found under the law
to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or
parts shall be of no force and effect and shall be severed and the remainder of the Agreement
shall continue in full force and effect.
- Right to Waive. Any or all of the rights and limitations set forth in this Arbitration
Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not
waive or affect any other portion of this Arbitration Agreement.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your
relationship with Company.
- Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an
individual action in small claims court.
- Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek
emergency equitable relief before a state or federal court in order to maintain the status quo
pending arbitration. A request for interim measures shall not be deemed a waiver of any other
rights or obligations under this Arbitration Agreement.
- Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation,
violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other
party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration
Agreement.
- Courts. In any circumstances where the foregoing Arbitration Agreement permits the
parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of
the courts located within Cook County, Illinois, for such purpose
- Export. The Site may be subject to U.S. export control laws and may be subject to export or
import regulations in other countries. You agree not to export, reexport, or transfer, directly or
indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in
violation of the United States export laws or regulations.
- Disclosures. Company is located at the address in Section 9.9. If you are a California resident,
you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the
California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA
95814, or by telephone at (800) 952-5210.
- Electronic Communications. The communications between you and Company use electronic means,
whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates
with you via email. For contractual purposes, you (a) consent to receive communications from Company in
an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and
other communications that Company provides to you electronically satisfy any legal requirement that such
communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your
non-waivable rights.
- Non-Assignment. You may not assign, transfer, or delegate the Terms of Use under this Agreement,
or any part thereof without Company’s prior written consent. Company may freely transfer, assign, or
delegate all or any part of Company, and any rights or duties hereunder or thereunder. The Agreement
will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the
parties.
- Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of
the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as
a waiver of such right or provision. The section titles in these Terms are for convenience only and have
no legal or contractual effect. The word “including” means “including without limitation”. If any
provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions
of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so
that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is
that of an independent contractor, and neither party is an agent or partner of the other. These Terms,
and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise
transferred by you without Company’s prior written consent, and any attempted assignment, subcontract,
delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign
these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
- Copyright/Trademark Information. Copyright © 2020 JAUNTIN', Inc. All rights reserved. All
trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the
property of other third parties. You are not permitted to use these Marks without our prior written
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- Contact Information:
JAUNTIN', Inc.
321 East Walnut Street, 130 GIA
Des Moines, Iowa, 50309
Telephone: 866-252-2604
Email: coordinator@underwing.co