Last Updated: August 24, 2020
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND TIGERAIRE CAN BE BROUGHT INCLUDING THE RIGHTS OF THE RESPECTIVE PARTIES CONCERNING JURISDICTION, VENUE, AND ARBITRATION.
By entering into this Agreement, and/or by using or accessing the TigerAire Platform you expressly acknowledge that you understand this Agreement.
1. The TigerAire Platform
The TigerAire Platform provides a marketplace for TigerAire products and services. The TigerAire Platform provides access to retail purchasers, universities, schools, and professional athletic organizations, as well as third-party affiliates, that are interested in purchasing large quantities, co-branded products, or custom designed / assembled products (“Users”).
The TigerAire Platform may only be used by individuals who have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein. Each User shall create a User account. TigerAire reserves the right to deactivate duplicate accounts.
All materials contained in any TigerAire.com Site are the copyrighted property of TigerAire, Inc.
Charges for TigerAire Products or Services may include fees designated by TigerAire.
Tax and Tax Exemption Inquiries
Sales tax is calculated according to your local tax rate. TigerAire honors the duly authenticated tax exempt status of a customer.
- Service Fee. You will be charged a “Service Fee” for repair services specific to the type of service requested.
- Warranty Fee. You may return an eligible product that is defective, within the terms of its warranty and may be charged a “Warranty Fee”.
- Cancellation Fee. After ordering a TigerAire product, you may cancel it at any time before it has shipped, for a “Cancellation Fee.”
- Facilitation of Charges. All Charges are facilitated through a third-party payment processor (e.g., Shopify, First Data, Stripe, Inc., or Braintree, a division of PayPal, Inc.). TigerAire may replace its third-party payment processor without notice to you. Charges shall only be made through the TigerAire Platform. If you don't recognize a transaction, then check your payment history.
- Returns and Refunds. Any claims of mis-shipment, shortages, defective workmanship, and/or other reasons for a refund must be made within 30 days from receipt of the shipment. A Return Authorization must be obtained.
- No Refunds. Except as set forth above, all Charges are non-refundable once a product has shipped or a service has been provided. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the TigerAire Platform, any disruption to the TigerAire Platform, or any other reason whatsoever.
- Coupons. You may receive coupons that you can apply toward payment of certain Charges. Coupons are only valid for use on the TigerAire Platform and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined. Additional restrictions on coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant coupon within any promotions section of the TigerAire Platform.
- Credit Card Authorization. Upon addition of a new payment method, purchase of a product, or service request, TigerAire may seek authorization of your selected payment method to verify the payment method, ensure the cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
5. Partner Payments
Pursuant to the terms of a Partner’s specific Partnership Agreement and/or pursuant to a Licensing Agreement with TigerAire, specific conditions for payment may apply.
6. TigerAire Communications
By entering into this Agreement or using the TigerAire Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from TigerAire, its affiliated companies and/or Partners, may include but are not limited to: operational communications concerning your User account or use of the TigerAire Platform, updates concerning new and existing features on the TigerAire Platform, communications concerning promotions run by us or our third-party partners, and news concerning TigerAire and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE TIGERAIRE PLATFORM OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM TIGERAIRE (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE TIGERAIRE PLATFORM OR RELATED SERVICES.
7. Your Information
8. Promotions, Referrals, and Loyalty Programs
TigerAire, at its sole discretion, may make available promotions, referral programs and loyalty programs with different features to any Users or prospective Users. These promotions and programs, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with TigerAire. TigerAire reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that TigerAire determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. TigerAire reserves the right to terminate, discontinue or cancel any promotions or programs at any time and in its sole discretion without notice to you.
9. Partner Obligations
If the User has entered into a Partnership Agreement with TigerAire you will not discriminate against Customers with disabilities.
10. Intellectual Property
All intellectual property rights in the TigerAire Platform shall be owned by TigerAire absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the TigerAire Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of TigerAire. TigerAire shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
TIGERAIRE and other TigerAire logos, designs, graphics, icons, scripts and service names are registered trademarks or trade dress of TigerAire in the United States and/or other countries (collectively, the “TigerAire Marks”). The TigerAire logo (or any TigerAire Marks) may not be used in any manner that is likely to cause confusion, including but not limited to: use of a TigerAire Mark in a domain name or TigerAire referral code, or use of a TigerAire Mark as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as a Partner on the TigerAire Platform, but may not misidentify yourself as TigerAire, an employee of TigerAire, or a representative of TigerAire.
You acknowledge that TigerAire is the owner and licensor of the TigerAire Marks, including all goodwill associated therewith, and that your use of the TigerAire logo (or any TigerAire Marks) will confer no interest in or ownership of the TigerAire Marks in you but rather inures to the benefit of TigerAire. You agree to use the TigerAire logo strictly in accordance with TigerAire’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that TigerAire determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that use the TigerAire Marks or any derivatives of the TigerAire Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by TigerAire in writing; (2) use the TigerAire Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the TigerAire Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair TigerAire’s rights as owner of the TigerAire Marks or the legality and/or enforceability of the TigerAire Marks, including, challenging or opposing TigerAire’s ownership in the TigerAire Marks; (4) apply for trademark registration or renewal of trademark registration of any of the TigerAire Marks, any derivative of the TigerAire Marks, any combination of the TigerAire Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the TigerAire Marks; (5) use the TigerAire Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any of these provisions may result in immediate termination of a Partnership Agreement or Licensing Agreement, in TigerAire’s sole discretion, a takedown request sent to the appropriate ISP, or social media platform, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing the TigerAire Marks (in violation of this Agreement or otherwise), you agree that upon their creation TigerAire exclusively owns all right, title and interest in and to such materials, including any modifications to the TigerAire Marks or derivative works based on the TigerAire Marks or TigerAire copyrights. You further agree to assign any interest or right you may have in such materials to TigerAire, and to provide information and execute any documents as reasonably requested by TigerAire to enable TigerAire to formalize such assignment.
The following disclaimers are made on behalf of TigerAire, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
The TigerAire Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the TigerAire Platform. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the TigerAire Platform will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the TigerAire Platform will be corrected, or that the TigerAire Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the TigerAire Platform.
TigerAire is not responsible for the conduct, whether online or offline, of any Third Party or User of the TigerAire Platform. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings of Partners or Customers. By using the TigerAire Platform, you agree to accept such risks and agree that TigerAire is not responsible for the acts or omissions of Users on the TigerAire Platform.
You are responsible for the use of your User account and TigerAire expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the TigerAire Platform (including any profile information you provide), or send to other Users, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the TigerAire Platform. Please carefully select the type of information that you post on the TigerAire Platform or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning TigerAire or made available through the TigerAire Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the TigerAire Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the TigerAire Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by the TigerAire Platform is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither TigerAire, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the TigerAire Platform. Any of your Information, including geolocational data, you upload, provide, or post on the TigerAire Platform may be accessible to TigerAire and certain Users of the TigerAire Platform.
TigerAire advises you to use the TigerAire Platform with a data plan with unlimited or very high data usage limits, and TigerAire shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the TigerAire Platform. This Agreement is entered into between you and TigerAire. Apple, Inc. , or other third party platform providers (providers) are not a party to this Agreement and shall have no obligations with respect to the TigerAire Platform. TigerAire, not Apple, or other third parties, is solely responsible for the TigerAire Platform and the content thereof as set forth hereunder. However, Providers are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, any providers shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Provider’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
12. State and Local Disclosures
Certain jurisdictions will require additional disclosures to you. We will provide information in this Agreement regarding the creation of a disclosures page once jurisdictions provide any required disclosures, so please check in regularly for updates.
You will defend, indemnify, and hold TigerAire including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the TigerAire Platform, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Partners, Customers, motorists, and pedestrians, as a result of your own interaction with such third party; and/or (3) any allegation that any materials that you submit to us or transmit through the TigerAire Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
14. Limitation of Liability
IN NO EVENT WILL TIGERAIRE, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “TIGERAIRE” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE TIGERAIRE PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE TIGERAIRE PLATFORM OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TIGERAIRE PLATFORM MAY BE USED BY YOU TO REQUEST AND PURCHASE GOODS, OR OTHER SERVICES, BUT YOU AGREE THAT TIGERAIRE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY GOODS OR OTHER SERVICES PROVIDED TO YOU OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
15. Term and Termination
This Agreement is effective upon request or payment for any Product or Service or your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to TigerAire; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, TigerAire may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify as a Partner; (2) TigerAire has the good faith belief that such action is necessary to protect the safety of the TigerAire community or third parties, provided that in the event of a deactivation pursuant to (1)-(2) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to TigerAire’s reasonable satisfaction prior to TigerAire permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to TigerAire’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7, 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.
16. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
(a) Agreement to Binding Arbitration Between You and TigerAire.
YOU AND TIGERAIRE MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION in the City of New Orleans, Louisiana, and pursuant to the laws of Louisiana to the fullest extent possible as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with TigerAire ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and TigerAire, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and TigerAire’s service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third-party beneficiaries of this Arbitration Agreement.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION IN NEW ORLEANS, LOUISIANA SOLELY BETWEEN YOU AND TIGERAIRE. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the TigerAire Platform, TigerAire promotions, gift card, referrals or loyalty programs, any other goods or services made available through the TigerAire Platform, your relationship with TigerAire, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on TigerAire’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by TigerAire, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by TigerAire and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND TIGERAIRE ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
(b) Prohibition of Class Actions and Non-Individualized Relief.
YOU UNDERSTAND AND AGREE THAT YOU AND TIGERAIRE MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND TIGERAIRE BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST TIGERAIRE, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any Claim or any particular remedy for a Claim (such as a request for public injunctive relief), then that Claim or particular remedy (and only that Claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims or remedies to the fullest extent possible.
(c) Rules Governing the Arbitration.
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator upon mutual written agreement.
As part of the arbitration, both you and TigerAire will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Customers or Partners, but is bound by rulings in prior arbitrations involving the same Customer or Partner to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
(d) Arbitration Fees and Awards.
The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:
- If TigerAire initiates arbitration under this Arbitration Agreement, TigerAire will pay all AAA filing and arbitration fees.
- With respect to any Claims brought by TigerAire pursuant to a Partner Agreement, or for Claims brought by a Partner against TigerAire that: (A) are based on an alleged employment relationship between TigerAire and a Partner; (B) arise out of, or relate to, TigerAire’s actual deactivation of a Partner’s User account or a threat by TigerAire to deactivate a Partner’s User account; (C) arise out of, or relate to, TigerAire’s actual termination of a Partner’s Agreement with TigerAire under the termination provisions of this Agreement, or a threat by TigerAire to terminate a Partner’s Agreement; (D) arise out of, or relate to, Fees (as defined in this Agreement) or average hourly guarantees owed by TigerAire to Partners, other than disputes relating to referral bonuses, other TigerAire promotions, or consumer-type disputes, or (E) arise out of or relate to background checks performed in connection with a user seeking to become a Partner (the subset of Claims in subsections (A)-(E) shall be collectively referred to as “Partner Claims”), TigerAire shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by TigerAire pursuant to the fee provisions above). However, if you are the party initiating the Partner Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you operate as it pertains to your Partnership Agreement or Licensing Agreement, unless a lower fee amount would be owed by you pursuant to the AAA Rules, applicable law, or subsection (e)(1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. For purposes of this Section 17(e)(3), the term “Partner” shall be deemed to include both Partners and Partner applicants who have not been approved as Partners.
- Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
- At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to the prevailing party to the extent authorized by applicable law.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to TigerAire’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, service location, contact information and photo (“Confidential Information”) disclosed to you by TigerAire for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of the TigerAire Platform any User Information obtained from the TigerAire Platform. As a Partner, you understand that some of Customer Information you receive may be protected by federal and/or state confidentiality laws. and could result in civil or criminal penalties against you. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of TigerAire in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to TigerAire with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by TigerAire or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of TigerAire; becomes known to you, without restriction, from a source other than TigerAire without breach of this Agreement by you and otherwise not in violation of TigerAire’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to TigerAire to enable TigerAire to seek a protective order or otherwise prevent or restrict such disclosure.
18. Relationship with TigerAire
You acknowledge and agree that you and TigerAire are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and TigerAire expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and TigerAire; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind TigerAire, and you undertake not to hold yourself out as an employee, agent or authorized representative of TigerAire.
TigerAire does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically or your acts or omissions. You retain the sole right to determine when, where, and for how long you will utilize the TigerAire Platform. With the exception of any signage required by law or permit/license rules or requirements, TigerAire shall have no right to require you to: (a) display TigerAire’s names, logos or colors; or (b) wear a uniform or any other clothing displaying TigerAire’s names, logos or colors. You acknowledge and agree that you have complete discretion to engage in other business or employment activities.
19. Other Services
The TigerAire Platform may enable Users to provide or receive services from other third parties. For example, Users may be able to use the TigerAire Platform to obtain financial services provided by third parties (collectively, the “Other Services”). You understand and that the Other Services are subject to the terms and pricing of the third-party provider. You agree that TigerAire is not responsible and may not be held liable for the Other Services or the actions or omissions of the third-party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the TigerAire Platform.
20. Limitation of Use and Warranty
TigerAire does not manufacture helmets and does not guarantee prevention of serious head or any neck injuries which may occur as a result of playing football, including brain injury from a concussion. TigerAire’s products are not intended to offer any protection from neck injury. Warranties and duties related to the use of athletic equipment generally, and helmets in particular, are solely those of the manufacturer of the helmets or other headgear. Except as otherwise set forth in this Agreement, TigerAire products are being sold without recourse, covenant, or warranty of any kind, express, implied, or statutory. TigerAire conveys product as is, where is, and with all faults, and expressly disclaims and negates any implied or expressed warranties of merchantability, fitness for a particular purpose, conformity to models or samples, and freedom from redhibitory vices or defects, except as set forth in this Agreement. TigerAire also expressly disclaims and negates any implied or expressed warranty at common law, by statute, or otherwise, relating to the accuracy of any of the information furnished. Fitness of use is derived by the individual evaluation of buyer. Buyer hereby waives any warranty or representation, express or implied, with respect to the accuracy, completeness, or materiality of the information now, heretofore, or hereafter furnished except as set forth in this Agreement.
21. Jurisdiction and Venue
This Agreement shall, to the fullest extent allowed by law, be governed by the laws of the State of Louisiana without regard to choice of law principles. This choice of law provision is only intended to specify the use of Louisiana law to interpret this Agreement and is not intended to create any other substantive right to non-Louisianians to assert claims under Louisiana law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by TigerAire, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to TigerAire shall be given by certified mail, postage prepaid and return receipt requested to TigerAire, Inc., 2719 Jefferson Avenue, New Orleans, LA 70115. Any notices to you shall be provided to you through the TigerAire Platform or given to you via the email address or physical you provide to TigerAire during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation” . A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and TigerAire with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
TigerAire, Inc. is committed to providing an environment free from discrimination and harassment. In accordance with applicable federal and state law, TigerAire complies with all regulations regarding unlawful discrimination or harassment. Any form of discrimination or harassment related to race, color, sex, religion, national origin, age, sexual orientation, or disability (protected classes) is a violation of this Non-Discrimination Policy. This policy is intended to cover any prohibited harassment of or discrimination by non-employees while engaged in activities with TigerAire as well as discrimination by contractors.