Cribbage Life Terms and Conditions Policy

Welcome to Cribbage Life - TechieJon LLC These terms and conditions outline the rules and regulations for the use of Cribbage Life’s Website.

(Cribbage Life) is located at: , PO Box, Appleton WI 54915.

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use (Store Name)’s website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: Client, You and Your refers to you, the person accessing this website and accepting the Company’s terms and conditions. The Company, Ourselves, We, Our and Us, refers to our Company. Party, Parties, or Us, refers to both the Client and ourselves, or either the Client or ourselves.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of (Address).

Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By using Cribbage Life’s website you consent to the use of cookies in accordance with (Store Name)’s privacy policy. Most of the modern day interactive websites use cookies to enable us to retrieve user details for each visit.

Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

License

Unless otherwise stated, Cribbage Life and/or its licensors own the intellectual property rights for all material on Cribbage Life.

All intellectual property rights are reserved. You may view and/or print pages from www.cribbage.life for your own personal use subject to restrictions set in these terms and conditions.

You must not:

• Republish material from www.cribbage.life.
• Sell, rent or sub-license material from  www.cribbage.life.
• Reproduce, duplicate or copy material from  www.cribbage.life.
• Redistribute content from Cribbage Life (unless content is specifically made for redistribution).

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Nothing in this disclaimer will:

• Limit or exclude our or your liability for death or personal injury resulting from negligence.
• Limit or exclude our or your liability for fraud or fraudulent misrepresentation.
• Limit any of our or your liabilities in any way that is not permitted under applicable law.
• Or exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:

1. are subject to the preceding paragraph; and
2. govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities that arise in contract, tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Arbitration, Choice of Law, Venue, Claim Resolution and Class Action Waiver

THIS AGREEMENT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AND WE AGREE TO SUBMIT ANY DISPUTE RELATED TO THIS AGREEMENT OR THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THIS AGREEMENT ALSO INCLUDES A TRIAL BY JURY WAIVER AND CLASS ACTION WAIVER, WHICH MEANS THAT YOU AND WE AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.

1. Arbitration.
   
   It is understood and agreed between the parties to this Agreement that any and all claims, grievances, demands, controversies, causes of action, or disputes of any nature whatsoever, including those related to the issue of arbitration or dispute resolution itself, (whether in tort, contract, equity, upon any law, statute, order, regulation, or otherwise) (hereinafter “Disputes”), arising out of, in connection with, or in relation to (i) this Agreement, (ii) the interpretation or enforceability of this Agreement, or (iii) questions of arbitrability under this Agreement, that cannot be settled by mutual agreement will be finally settled by binding arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce (“ICC”) and the procedures set forth in this Section.
   
   Any party hereto aggrieved will deliver a notice to the other party setting forth the specific points in dispute and invoking the procedures of this Section (the “Dispute Notice”). Within fourteen [14] days from delivery of the Dispute Notice, a representative from each party involved in the dispute will meet virtually or at a mutually agreed location in Appleton, WI. for the purpose of determining whether they can resolve the dispute themselves by written agreement. Such meeting shall be held without prejudice to either party.
   
   Any points remaining in dispute within the later of fourteen [14] days from any such initial meeting or within thirty [30] days after the delivery of the Dispute Notice, may be submitted to ICC arbitration conducted in English before a panel of three arbitrators seated and venue in  Appleton, WI. (provided, that if the arbitrators determine in their reasonable discretion that an arbitration cannot be conducted in-person in such location due to COVID-19 Measures or otherwise without jeopardizing the health and safety of either party or the arbitrators, then the arbitration may be conducted either in an alternative location or via telephonic or video conference, as determined by the arbitrators in their reasonable discretion).
   
   The arbitration will proceed according to the Rules of Arbitration of the ICC in force when the Notice of Arbitration is submitted. We and you will each appoint one arbitrator (the “Party-Appointed Arbitrators”) and the Party-Appointed Arbitrators will appoint the third and presiding arbitrator within fourteen [14] days of the appointment of the second arbitrator; provided, that, any arbitrator not timely appointed herein will be appointed in accordance with the ICC Rules of Arbitration upon the written demand of any party. The arbitrators may enter a default decision against any party that fails to participate in the arbitration proceedings. The arbitrators shall have authority to grant injunctive or other forms of equitable or interim relief to either party where such remedies are permitted by applicable law. Any interim measures granted will be fully enforceable as an arbitration decision in any court of competent jurisdiction.
   
   The Arbitrator shall issue a written, reasoned award within twenty [20] calendar days from the close of the hearing, or within twenty [20] calendar days of service of post-hearing briefs if the Arbitrator directs the service of such briefs. The Arbitrator’s award will be a final and binding determination of the dispute and will be fully enforceable as an arbitration decision in any court having jurisdiction over such parties. The prevailing party or parties (as determined by the Arbitrator) will in addition be awarded by the Arbitrator such party’s or parties’ own legal fees and expenses in connection with such proceeding, except that the parties will pay the Arbitrator’s fees and expenses in equal shares. Damages that are inconsistent with any applicable agreement between the parties, that are punitive in nature, or that are not measured by the prevailing party’s actual damages shall be unavailable in arbitration or any other forum.
   
   Each party and, as applicable, the arbitrators will keep confidential, and will not disclose to any person, except the parties’ respective advisors and legal representatives, or as may be required by applicable Law, the existence or content of any Dispute under this Section, the referral of any such controversy to arbitration or the status or resolution thereof. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. Disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
   
   
2. Claim Resolution.
   
   Any dispute must be raised within two (2) years after the date the cause of action arose. Failure to provide the written documentation within this timeframe will render all claims related to the dispute null and void.
   
   You further agree not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against Cribbage Life - TechieJon LLC.
   
   
3. Choice of Law, Venue.
   
   For any and all matters not subject to mandatory, binding arbitration as set forth above, the laws of the state of Wisconsin (USA), without application of conflict of law provisions, will apply to any disputes arising out of or relating to this Agreement or the Services. All claims arising out of or relating to this Agreement, or the Services will be litigated exclusively in the federal or state courts of  Outagamie County, Wisconsin. The Agreement is fully performable in Outagamie County, Wisconsin. The parties consent to personal jurisdiction in  Outagamie County, Wisconsin and hereby waive any challenge to venue and personal jurisdiction they may have to a lawsuit filed in a state or federal court in  Outagamie County, Wisconsin. Notwithstanding the foregoing, Cribbage Life - TechieJon LLC may institute proceedings for equitable relief in any court of competent jurisdiction.
   
   
4. Waiver of Trial by Jury.
   
   EACH PARTY TO THIS AGREEMENT ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE IT IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING (I) ARISING UNDER THIS AGREEMENT OR (II) IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO IN RESPECT OF THIS AGREEMENT, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER IN CONTRACT, TORT, EQUITY, OR OTHERWISE (INCLUDING, FOR THE AVOIDANCE OF DOUBT, ANY SEEKING EQUITABLE RELIEF). EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE, AGENT, OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE EITHER OF SUCH WAIVERS, (B) IT UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF SUCH WAIVERS, AND (C) IT MAKES SUCH WAIVERS VOLUNTARILY.