iTraffic Center Terms of Use

 

NOTICE OF ARBITRATION PROVISIONS:

 

Your use of the iTraffic Center ("ITC") Websites and our Services (both as defined below) is subject to binding individual arbitration of any disputes which may arise, as provided in Section 11 of these Terms of Use. Please read the arbitration provisions carefully and do not use any of the ITC Websites or our Services if you are unwilling to arbitrate any disputes you may have with us (including without limitation any disputes relating to these Terms of Use, our Privacy Policy, and any Additional Terms) as provided herein. ITC (together with any affiliates) owns and operates a number of different websites, including without limitation www.cashclubhouse.com and others (collectively, the “ITC Websites”).

 

These Terms of Use (“Terms”) apply to the ITC Websites and other functionalities, whether accessed via a computer, mobile device, or otherwise. These Terms are a legal agreement between you and ITC. By using any of the ITC Websites or our Services, and/or clicking to “Accept” or otherwise agreeing to these Terms where that option is made available to you, you agree to be bound by these Terms as well as our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, please do not register with or use any ITC Websites or our Services. We may post additional terms, official rules, or agreements that apply to certain services, applications, activities, and features we offer or provide at or through certain ITC Websites (“Additional Terms”), and you may be subject to such Additional Terms when you access those services, applications, activities and/or features. In the event of any conflict between the terms of the Additional Terms (on the one hand) and these Terms (on the other hand), these Terms shall prevail unless expressly otherwise stated in the Additional Terms, which are intended to supplement, but not replace, these Terms. Please don’t hesitate to contact us with any questions regarding these Terms or any Additional Terms. You can reach us by using the in information in the “Contact Us” section

 

1. Use of ITC Websites and Services

 

You agree to use the ITC Websites and our Services available on or through the ITC Websites only for purposes that are permitted by these Terms, any Additional Terms, and any applicable law, regulation or generally accepted practices in the relevant jurisdictions. Subject to all of the provisions of these Terms, ITC hereby grants you a limited, terminable, non-transferable, personal, non-exclusive license to access and use the ITC Websites and our Services solely as provided herein. You may not download material displayed on the ITC Websites and our Services.  You may not  distribute, modify, broadcast, publicly perform, transmit, reuse, re-post, or use the content of the ITC Websites and our Services, including any text, images, audio, and video, for public or commercial purposes without ITCs prior written permission.

 

Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with ITC. Your right to use the ITC Websites and our Services is not transferable. You acquire no rights or licenses in or to the ITC Websites and our Services and materials contained therein other than the limited right to access and utilize the ITC Websites and our Services our Services in accordance with these Terms.

 

2. User Representations and Warranties

 

By using the ITC Websites and our Services, you represent, warrant and covenant that you: (a) have the power and authority to enter into and be bound by these Terms; (b) shall use the ITC Websites and our Services only as permitted by these Terms, and any applicable Additional Terms, and not for any unlawful purpose; and (c) are eighteen (18) years of age or older.

 

3. Sweepstakes, Contests and Promotions

 

Any sweepstakes, contests or promotions (collectively, “Promotions”) that may be offered via any of the ITC Websites or our Services may be governed by Additional Terms, which may set out eligibility requirements, such as certain age or geographic area restrictions, terms and conditions, and details governing how your personal information may be used. It is your responsibility to read all Additional Terms to determine whether or not you want to or are eligible to participate, enter or register in or for the Promotions. By participating in a Promotion, you will be subject to the Additional Terms and you agree to comply with and abide by such Additional Terms and the decisions of the sponsor(s) thereof.

 

4. Rewards Programs

 

Overview 

ITC may offer one or more rewards programs (“Rewards Programs”) under which you may have the opportunity to earn points (“Points”), which are redeemable for rewards. Not all of the ITC Websites and our Services offer Rewards Programs, however, and Rewards Programs may include Additional Terms that apply to your participation in activities allowing you to earn points (collectively, “Activities”). ITC may limit, suspend or terminate your ability to participate in a Rewards Program in its sole and absolute discretion, and may void any points, rewards, or potential rewards you may have earned or accumulated in a Rewards Program, if we determine in our sole discretion that you have not complied with these Terms or any Additional Terms applicable to such participation. You agree to abide by the final and binding decisions of ITC regarding any Rewards Program and your participation in it. We reserve the right to change, suspend, or cancel all or a portion of a Rewards Program, including any points you may have accrued, at any time without prior notice to you. 

 

Earning Points 

Points can be earned in a Rewards Program by participating in certain Activities, as described in the applicable ITC Websites. If you choose to participate and follow the instructions associated with an Activity, upon satisfying all of the requirements of the Activity, you will be awarded the points associated with completing that Activity so long as ITC and/or its third-party Rewards Program affiliates are able to properly track your valid and completed point-earning Activities. For avoidance of doubt, ITC shall not be responsible for, nor shall ITC be obligated to award points or rewards to Rewards Program participants for, any Activity that is not properly recorded, tracked and/or deemed approved under ITC's or its third-party Rewards Program affiliates’ policies, procedures and systems. There may be limitations on Activities and rewards, so please be sure to review all applicable Additional Terms before deciding whether or not you would like to participate. Some of the limitations on Activities and rewards include (without limitation), our right to change or limit your ability to participate in certain Activities or the Rewards Program itself; our right to change or limit the allowable frequency of Activities; our right to change or limit the number of points you can earn for a given Activity or during a given time period; and our right to change the Activities or rewards available, or the number of points required for a particular reward. Points awarded have no cash value. 

 

Redeeming Points 

You may redeem points you have earned for rewards offered in a Rewards Program once you’ve earned 20,000 points, at which time you will be prompted to select your reward and pursuant to these Terms and any applicable Additional Terms. Supplies may be limited. Rewards may be awarded on a first-come, first-serve and while-supplies-last basis. If you attempt to redeem points for a reward and ITC determines that the reward is unavailable, out of stock, or for whatever reason cannot be provided to you, ITC may, at its sole and absolute discretion, provide you with a reward of equal or greater value. No credit, reversal, or refund of points will be issued for any reason after points have been redeemed; in other words, once you order a reward, you may not cancel the reward or return the reward for a refund of points. The only way to use points is to redeem them for Rewards Program rewards as available from time to time through the ITC Websites or the websites of our third-party Rewards Program affiliates, or other applicable Rewards Program redemption sites, as applicable. Some rewards may have eligibility requirements and in that case ITC reserves the right to verify your identity (by requesting photocopy of your driver’s license or state ID card, or other proof as we may require) and eligibility qualifications to our complete satisfaction prior to crediting points or fulfilling any reward in any Rewards Program, or otherwise providing you with any benefit. 

 

Delivery of Rewards 

Rewards may be emailed to your email address or mailed to the U.S. postal address, as applicable, that you provided when you registered and created an account (“Account”) for the applicable Rewards Program, or to the email or U.S. postal address that our records show your Account was last updated to reflect.  It can take a minimum of three (3) to five (5) business days to receive your reward and processing times may vary. Rewards that are undeliverable or unclaimed for whatever reason (including, without limitation, because your Account information is incorrect or outdated) may be forfeited, and the points will not be refunded. 

 

Rewards Program Points Nontransferable 

Rewards Program points are nontransferable, may not be bartered or sold, and are void if a transfer is attempted, and such points and the associated Account are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. 

 

Inactive Accounts 

Any Account that has not been logged into and points either earned or redeemed for one year or more may be deemed inactive and the Account closed. In such instances, to request Account reactivation (subject to such terms, limitations and requirements as we may impose from time to time) you may reach us by using information in the “Contact Us”, “Contact Member Services” section below. We may modify our inactive Account rules and policies in our Rewards Programs from time to time, and if your Account becomes inactive pursuant to such then-current rules or policies, we may close your Account, without any compensation or further obligation to you. 

 

Points Expiration 

Any points in our Rewards Programs that have not been redeemed for thirty (30) days from the time such points were earned or awarded may be deemed expired and removed from your Account. To inquire about expired points to associated with and Account (subject to such terms, limitations and requirements as we may impose from time to time) you can reach us by using the us by using information in the “Contact Us” section below. We may modify our points expiration rules and policies for any points in our Rewards Programs from time to time, and if your points expire pursuant to such then-current rules or policies, we may remove such points from your Account, without any compensation or further obligation to you regarding the expired points.

 

5. Intellectual Property

 

You acknowledge that the ITC Websites have been developed, compiled, prepared, revised, selected and arranged by ITC and others through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of ITC and others. It is our policy to enforce these intellectual property rights to the fullest extent permitted under law. The trademarks, logos and service marks (“Marks”) displayed on the ITC Websites are the property of ITC or third parties and cannot be used without the written permission of ITC or the third party that owns the Marks. The ITC Websites are also protected as a collective work or compilation under U.S. copyright and other foreign and domestic laws and treaties. Users are prohibited from using (except as expressly set forth herein), transferring, disposing of, modifying, copying, distributing, transmitting, broadcasting, publicly performing, displaying, publishing, selling, licensing, or creating derivative works of any content on the ITC Websites or our Services for commercial or public purposes. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of ITC or any third party. ITC exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the ITC Websites and related to our Services, and all modifications and derivative works thereof, and all intellectual property rights related thereto.

 

6. Reporting Copyright Infringement

 

If you believe that any content, user-posted materials, or any other material found on or through the ITC Websites or our Services, including through a hyperlink, infringes your copyright, you should notify us. To be effective, the notification to us must be in writing and must comply with the following instructions:

 

(a) Written notices must be sent:

(i) electronically to the mail address  with subject line “Copyright Infringement Takedown Request” to the email in the “Contact Us” section below..

 

(b) Each written notification must contain the following information to be deemed a valid notice:

 

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive copyright interest;

(ii) description of the copyrighted work that you claim has been infringed;

(iii) description of where the material that you claim is infringing is located on the ITC Websites that is reasonably sufficient to enable us to identify and locate the material (for example, a complete list of specific URLs);

(iv) our physical mailing address and email address;

(v) statement by you affirming that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(ii) a statement by you that the information provided in your notice is accurate and, under penalty of perjury, that you are the owner of an exclusive right in the material or that you are authorized to act on behalf of the copyright owner.

 

We will process each written notice of alleged infringement that we receive and will take appropriate action in accordance with applicable intellectual property laws. We have a policy of terminating and/or blocking repeat infringers in appropriate circumstances, in our sole discretion, subject to reasonable limitations.

 

7. User Conduct

 

You agree that you will not engage in any activity that interferes with or disrupts the ITC Websites or our Services (or the servers and networks which are connected to our Services) or use any service to manipulate your computer or other device to gain any advantage on any of our programs. Unless you have been specifically permitted to do so in a separate written agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell our Services for any purpose. You further agree that your use of the ITC Websites and our Services shall not be fraudulent or deceptive, or unlawful, as determined in our sole and absolute discretion. You shall also comply with all usage rules found throughout the ITC Websites and/or our Services, posted on any of the ITC Websites. You agree to comply with the instructions set out in any robots.txt file present on the ITC Websites and our Services. Without limiting the generality of the foregoing, you agree not to use the ITC Websites or our Services in order to:

 

  • access (or attempt to access) any of our Services by any means other than through the interface that we provide;

  • share a single Account with any person other than the registered Account holder;

  • create and/or use multiple Accounts (i.e. only one Account is permitted per person);

  • maintain or use any false identity or multiple identities, or otherwise fail to participate in our Services using your real identity and accurate contact, demographic and other information;

  • submit any personal information (name, email, zip code, etc.), or other information which we determine in our sole discretion to have been false, inaccurate or otherwise invalid in connection with any Activities or any other use of the ITC Websites or our Services;

  • post, upload, transmit or otherwise disseminate information that (in our sole discretion) is obscene, indecent, vulgar, pornographic, sexual, hateful or otherwise objectionable;

  • post spam links, and/or personal referral links in an aggressive, wanton, or otherwise inappropriate fashion, whether on any ITC Websites or on any other web site or application;

  • defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise act in an offensive or objectionable manner;

  • upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service, other users’ computers, or access to or functionality of the ITC Websites;

  • violate the contractual, personal, intellectual property or other rights of any party, including using, uploading, transmitting, distributing, or otherwise making available any information made available through the ITC Websites or our Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);

  • attempt to obtain account information, passwords or other private information from other members;

  • improperly use support channels or complaint buttons to make false or frivolous reports to ITC or to communicate with our customer support representatives in a disrespectful, belligerent or inappropriate manner;

  • develop, distribute, make use of, or publicly inform other members of: “auto” software programs, “macro” software programs, web crawlers or other script or “cheat utility” software programs or applications;

  • share or distribute survey IDs, answers or other survey information, or otherwise coach or assist other members with regard to qualifying for or answering surveys;

  • abuse any of our Services in a manner that does not reflect normal or appropriate human usage, such as conducting excessive searches or other Activities in our Rewards Programs for the sole or primary purpose of receiving points, as we may determine in our sole discretion; or

  • exploit, distribute or publicly inform other members of any error, miscue or bug (“Error”) that gives an unintended advantage, violate any applicable laws or regulations, or promote or encourage any illegal or unauthorized activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for our Services. If you find an Error, we kindly request that you report it to our appropriate via the information in the “Contact Us” section.

 

If we determine in our sole discretion that you have violated these Terms, ITC may in its sole discretion issue you a warning regarding the violation prior to terminating or suspending any or all Accounts you have created (or which are associated with you) using our Services. However, you acknowledge and agree that ITC need not provide you with any warning or notice before terminating or suspending your Account(s) and/or your access to the ITC Websites and our Services for any reason, at its sole and absolute discretion.

 

8. Communications Channels

 

The ITC Websites and our Services may include communication channels such as forums, communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other Services users. ITC has no obligation to monitor these communication channels but it may do so in its sole discretion and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole and absolute discretion. ITC may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by ITC, and these communications should not be considered reviewed or approved by ITC. ITC will not under any circumstances be liable for any activity within Communication Channels. You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. ITC is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.

 

9. Disclaimer of Warranties; Limitation of Liability; Indemnification

 

You agree that your use of the ITC Websites and our Services shall be at your own risk. To the maximum extent permitted by applicable law, ITC, and its affiliates, partners, employees, and agents, disclaim any and all guarantees, warranties and representations, express or implied, in connection with our Services, the ITC Websites and your use thereof, including implied guarantees or warranties of title, merchantability or acceptable quality, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. To the maximum extent permitted by applicable law, ITC makes no guarantees, warranties, or representations about the accuracy or completeness of the content of the ITC Websites or our Services, or the content of any sites linked to our Services, and assumes no liability or responsibility for any (a) errors, mistakes, nor inaccuracies of content, (b) personal injury (including death) or property damage, of any nature whatsoever, resulting from your access to and use of the ITC Websites or our Services, (c) unauthorized access to or use of our secure servers and/or any and all personal information or sensitive information stored therein, (d) interruption or cessation of transmission to or from our ITC Websites or our Services, (e) bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Services by any third party, (f) errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the ITC Websites or our Services, and/or (g) tax liability imposed against you by any taxing authority. To the maximum extent permitted by applicable law, in no event will ITC, or its affiliates, partners, employees, and agents, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any lost profits or lost data arising from your use of the ITC Websites, our Services or other materials or content on, accessed through or downloaded from our Services, whether based on warranty, contract, tort (including without limitation negligence), or any other legal theory, and whether or not ITC has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that ITC shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party.

 

You agree to indemnify and hold ITC, and each of its affiliates, partners, employees, and agents, harmless from and against any claim, cause of action, loss, liability, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with (a) your use of and access to the ITC Websites or our Services; (b) your violation of any term of these Terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right, or damage to a third party; (d) any tax obligations arising from or related to your use of the ITC Websites or our Services; and/or (e) any content you post or share on or through the Service. You agree that ITC will not be liable for, or be required to provide any compensation to you with respect to, the termination of any Rewards Program or any associated Account(s), including without limitation any points, rewards, prizes, or credits in your Account(s) or otherwise existing in your favor at the time of termination. Sometimes when you use our Services, you may use a service or download a piece of software, provided by another person or company. Your use of these other services or software may be subject to separate terms between you and the other company or person. If so, these Terms do not affect your legal relationship with these other companies or individuals. You agree that we are not responsible for the loss or impairment of any points, rewards, prizes, or credits, regardless of monetary value, in the event there is any: change in the value of each point (as determined in ITC’s sole and absolute discretion), data or server error, computer and/or network system error or failure, criminal act, vandalism, cyber-attack or other events which make it commercially unreasonable for us to determine the points balance or value of any Account(s). All guarantees, warranties, and representations, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods and services supplied under our Rewards Programs or other Services are excluded to the fullest extent permitted by applicable law. Any liability ITC may have to a member under any such guarantees, warranties or representations implied or imposed by law which cannot be excluded is hereby limited, to the extent legally permissible, to supplying or paying the cost of supplying the goods or services (or equivalent goods or services) or repairing or paying the cost of repairing the goods or re-performing the services, at ITC’s sole option.

 

Please note that at any time, we may, in our sole discretion, terminate our legal agreement with you and deny you continued use of the ITC Websites and our Services, and, without limiting the foregoing, may do so if (a) we are required to do so by law (for example, where the provision of our services to you is, or may become, unlawful); (b) the partner with whom we offered our Services to you has terminated its relationship with us or ceased to offer their services to you; (c) we are no longer providing all or any portion of our Services to users in the jurisdiction in which you are resident or from which you use our Services; or (d) the provision of our Services to you is, in our opinion, no longer commercially viable.

 

10. Compliance with FTC Guidelines on Endorsements/Testimonials

 

If you choose to promote our services to the public, including your own personal social networks, you agree that you will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising (available at: https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf) (“Guidelines”).

 

For example, if you are an employee of a company and you decide to discuss or promote that company’s products or services through ITCs services, you agree to comply with the Guidelines’ requirements for disclosing such relationships. You, and not ITC, are solely responsible for any endorsements or testimonials you make regarding any product or service made on or through ITC's services.

 

11. Binding Arbitration of all Disputes

 

(a) Providing Notice of a Claim. The parties agree to arbitrate all disputes and claims between them (“Disputes or Claims”). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (a) Disputes or Claims related in any way to any ITC Websites or our Service, privacy, data security, collection, use and sharing, advertising, purchase transactions, points earnings, awards, balances, expiration, or transactions, sweepstakes, promotions, or any emails, texts, or other communications with you; (b) Disputes or Claims arising out of or relating to any aspect of the transactions or relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (c) Disputes or Claims that arose before your agreement to these Terms of Use or any prior arbitration agreement; (d) Disputes or Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (e) Disputes or Claims that may arise after the termination of your use of any ITC Websites or our Services. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). Notice to us must be sent to our customer service address at:
 

ITC

9218 Winterset

Potomac, MD 20854

Attn:  ITC Dispute Resolution

 

The Notice must include: (a) the nature and basis of your Dispute or Claim; (b) identification or enclosure of all relevant documents and information; and (c) a description of the specific relief that you seek from us. 

 

(b) Providing Us an Opportunity to Informally Resolve Your Dispute. Before you may pursue or participate in any Dispute or Claim (or raise such Dispute or Claim as a defense) in arbitration against us, you must first send the Notice described above, and you must allow us a reasonable opportunity (not less than thirty (30) days) to resolve your Dispute or Claim. After we receive your Notice, the parties agree to negotiate in good faith with each other to try to resolve your Dispute or Claim. 

 

(c) Agreement to Participate in Binding Arbitration. If the parties do not reach an informal resolution of your Dispute or Claim within thirty (30) days after we receive your written Notice, you may pursue your Dispute or Claim in arbitration or, solely to the extent specifically provided below, in small claims court. If the parties cannot reach an informal resolution to the Dispute or Claim within thirty (30) days after our receipt of your Notice, you may commence an arbitration proceeding by sending an arbitration demand (“Arbitration Demand”) to the following address:

 

ITC

9218 Winterset

Potomac, MD 20854

Attn:  ITC Dispute Resolution

 

The parties agree to arbitrate any Dispute or Claim between them. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators generally can award the same damages and relief that a court can award.

 

If you initiate an arbitration, following will be agreed by mutual written approval of the parties: the arbitration location, whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the American Arbitration Association ("AAA") Rules. One arbitrator, who is selected under the AAA Rules and who has expertise in consumer disputes in the Internet industry, will conduct the arbitration. If no arbitrator possessing such expertise is available, then the arbitration will be conducted by a single arbitrator who is selected by the mutual written approval of the parties. Except as allowed under applicable law and the AAA Rules, the decisions of the arbitrator will be binding and conclusive on all parties. Judgment upon any award of the arbitrator may be entered by any court of competent jurisdiction. This provision will be specifically enforceable in any court.

 

THE ARBITRATOR MUST FOLLOW THESE RULES AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES). All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for a court to decide. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The filing administration and arbitrator fees will be agreed by mutual written approval of the parties. We may make a written settlement offer to you before the arbitrator issues an award. Furthermore, these arbitration provisions shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 

 

YOU AND ITC AGREE THAT:

 

  • ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION. NEITHER YOU NOR COMPANY SHALL BE A MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING, AND THE ARBITRATOR MAY AWARD 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 DISPUTE OR CLAIM.

  • UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S DISPUTES OR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

  • ITC DOES NOT CONSENT TO CLASS ARBITRATION. ACCORDINGLY, IF A COURT REFUSES TO ENFORCE THE ABOVE PROVISIONS REGARDING CLASS OR REPRESENTATIVE ACTIONS, THEN THIS AGREEMENT TO ARBITRATE SHALL BE UNENFORCEABLE AS TO YOU. WHETHER A DISPUTE OR CLAIM PROCEEDS IN COURT OR IN ARBITRATION, YOU AND COMPANY HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.

 

This arbitration agreement covers any Dispute or Claim arising out of or relating to any aspect of the relationship between the parties, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, even if the Dispute or Claim arises or may arise before or after the period(s) during which you are using the ITC Websites or our Services. For purposes of this arbitration provision, references to “ITC”, “we” and “us” include ITC and its affiliates, and each such entity’s respective directors, officers, employees, shareholders, agents, suppliers and assignees. The AAA Rules evidence a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this section. The parties must bring any Dispute or Claim hereunder (including any Dispute or Claim arising out of or related to the AAA Rules), within two (2) years after the Dispute or Claim arises, or the Dispute or Claim will be permanently barred. To the extent the law applicable under the Governing Law section below makes this limitations period unenforceable with respect to any Dispute(s) or Claim(s), then the statutes of limitations of the state whose laws govern the AAA Rules under the Governing Law section below shall apply. We may make changes to this arbitration provision from time to time.

 

12. Tax Matters

 

You acknowledge and agree that we do not have the ability, in every instance, to determine whether or not the points, rewards, prizes, or credits you earned or redeemed in any Rewards Program are considered reportable taxable earnings in your jurisdiction. You are therefore responsible for any and all tax liability arising from or associated with your use of the ITC Websites or our Services, including liability arising from your accrual of Rewards Program points or your redemption of such points for cash or other value. As a condition of your continued use of the ITC Websites and our Services, we reserve the right to require you to provide necessary tax reporting information if our records show that you are or may be required to report the value of your points, rewards, prizes, or credits to an appropriate tax authority. We encourage you, and it is your responsibility, to seek advice of a tax expert in order to determine the tax consequences of your use of the ITC Websites and our Services, and any associated points, rewards, prizes, or credits earned or redeemed.

 

13. Notification of Changes

 

We reserve the right to make changes to these Terms from time to time in our sole discretion. If we decide to change these Terms, we will provide notice of such changes by sending you an administrative email and/or posting those changes in places on the ITC Websites deemed appropriate by us so our users are always aware of the terms of their use of the ITC Websites and our Services. Your continued use of any of the ITC Websites or our Services after delivery of the administrative email to you or after the changes are posted constitutes your agreement to the changes. If you do not agree to the changes, please discontinue your use of such ITC Websites and our Services. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms to any prior events or circumstances would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable. In any event, if you used any of the ITC Websites or our Services pursuant to a prior version of these Terms that required a certain notice period to you prior to any changes being effective, any changes under these Terms will not be effective as to you until the previously-specified notice period has passed after the date of these Terms.

 

14. International Users

 

The ITC Websites are controlled, operated, and administered by ITC from its offices within the United States of America. ITC Websites and our Services are not appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the ITC Websites are illegal is prohibited. You may not use the ITC Websites or export the content or products in violation of U.S. export laws and regulations. If you access ITC Websites from a location outside of the United States, you are responsible for compliance with all local laws.

 

15. Miscellaneous

 

ITC’s failure to exercise or enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that (except as otherwise provided in Section 11) the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision or the provision shall be deemed severable, and the other provisions of these Terms remain in full force and effect. The paragraph or section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in a writing signed by the party to be charged or as otherwise expressly provided herein. These Terms are binding upon and shall inure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You may not assign your rights or obligations hereunder without ITC’s prior written consent, and any such unauthorized assignment shall be null and void.

 

16. Contact Us

 

If you have any questions or concerns regarding these Terms or your use of any ITC Websites or our Services, have Intellectual Property inquiries or have Dispute Resolution inquiries, please contact us as follows:

 

Sending an email request to: member_request@itrafficcenter.com

Regular mail to:

 

ITC

9218 Winterset

Potomac, MD 20854

 

ITC's Legal Department is responsible for the organization’s compliance with this Privacy Notice.