Change My Location

Contact Us
EN
EN ES

Vehicle Service Group — Terms of Service

 

Forward Looking Statements

This site contains “forward-looking” statements within the meaning of the Securities Exchange Act of 1934, as amended, and the Private Securities Litigation Reform Act of 1995. Such statements relate to, among other things, income, earnings, cash flows, changes in operations, operating improvements, industries in which VSG companies operate and the U.S. and global economies. Statements in this press release that are not historical may be indicated by words or phrases such as “anticipates,” “expects,” “believes,” “indicates,” “suggests,” “will,” “plans,” “supports,” “projects,” “should,” “would,” “could,” “hope,” “forecast” and “management is of the opinion,” use of future tense and similar words or phrases. Forward-looking statements are subject to inherent risks and uncertainties that could cause actual results to differ materially from current expectations, including, but not limited to, the state of the worldwide economy and sovereign credit, especially in Europe; political events that could impact the worldwide economy; the impact of natural disasters and their effect on global supply chains and energy markets; increases in the cost of raw materials; current economic conditions and uncertainties in the credit and capital markets; VSG’s ability to achieve expected savings from integration, synergy and other cost-control initiatives; the ability to identify and successfully consummate value-adding acquisition opportunities; increased competition and pricing pressures in the markets served by VSG’s operating companies; the ability of VSG’s companies to expand into new geographic markets and to anticipate and meet customer demands for new products and product enhancements; changes in customer demand; the impact of loss of a single-source manufacturing facility; a downgrade in VSG’s credit ratings; international economic conditions including interest rate and currency exchange rate fluctuations; the relative mix of products and services which impacts margins and operating efficiencies; short-term capacity constraints; domestic and foreign governmental and public policy changes including environmental regulations and tax policies (including domestic and international export subsidy programs, R&E credits and other similar programs); unforeseen developments in contingencies such as litigation; protection and validity of patent and other intellectual property rights; the cyclical nature of some of VSG’s companies; domestic housing industry weakness; instability in countries where VSG conducts business; and possible future terrorist threats and their effect on the worldwide economy. Vehicle Service Group, LLC refers you to the documents that it files from time to time, if any, with the Securities and Exchange Commission, such as its reports on Form 10-K, Form 10-Q and Form 8-K, for a discussion of these and other risks and uncertainties that could cause its actual results to differ materially from its current expectations and from the forward-looking statements contained in this press release. Vehicle Service Group, LLC undertakes no obligation to update any forward-looking statement.

Terms of Use

These are the Terms of Use of Vehicle Service Group, LLC (“we”, “our”, “us”, or “VSG”) applicable to www.vsgdover.com and any of our associated websites that expressly incorporate these Terms of Use, including, but not limited to, www.passport.rotarysolutions.com (collectively, the “Site”). These Terms of Use cover your rights to access and use the Site and any VSG services offered through the Site (collectively, “Services”), restrictions on that access and use and your agreement to arbitrate any dispute that may arise between us. These Terms of Use contain a mandatory, binding arbitration clause and a waiver of class-action remedies in Exhibit A below. The terms “you” and “your” herein refer to the user or viewer of the Site. By using the Site, or otherwise signaling your acceptance of these Terms of Use, you accept these Terms of Use and agree that you are legally bound by its terms, including the mandatory, binding arbitration clause and class action waiver in Exhibit A.

 

You have a right to opt out of the agreement to arbitrate in these Terms of Use by unambiguously notifying VSG in writing at [email protected], Attn: Arbitration Opt-Out, within 60 days of the date you first accepted these Terms of Use that you opt out of mandatory arbitration under these Terms of Use. Unless you validly opt out as provided in this Section, the arbitration requirements in these Terms of Use will remain effective, even if these Terms of Use are terminated.

Use of the Site is subject to these Terms of Use as they may be modified from time to time at our sole discretion without prior notice. You are only authorized to access the Site if you agree to abide by all applicable laws, and to these Terms of Use which constitute an agreement between you and us. If you find these terms to be unacceptable, please do not use this Site.

 

The Terms of Use is complemented by our Privacy Policy available at https://vsgdover.com/privacy-policy/

Access and Use of Site.

 

This Site and Services are intended for persons who are 18 or older and is for general information purposes only. If you are under 18, please do not use the Site or Services. In accessing and using the Site, Services, or any documents, articles, reviews, comments, images, sounds, content, and other materials on the Site (including, but not limited to, the design, layout, look, appearance and graphics) (collectively, “Site Content”), you agree that you will comply with all applicable federal, state, and local laws, including, without limitation, copyright and other intellectual property laws, data privacy laws, cyber harassment laws, anti-spam laws, and other regulatory requirements.

 

In addition, in accessing and using the Site, Services, and any Site Content, you agree that you will NOT:

  • Circumvent, disable, or otherwise interfere with any security-related features of the Site or Services, including, without limitation, any features that enforce limitations on the use of the Site, Services, or any Site Content;
  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Site, Services, or Site Content;
  • Copy, modify, adapt, translate, or create derivative works based on the Site, Services, or Site Content;
  • Reproduce, redistribute, duplicate, sell, resell, lease, sublicense, time-share, or exploit for any commercial purpose any portion of the Site, Services, or Site Content, except as permitted hereunder or otherwise expressly authorized by us in writing;
  • Remove, alter, cover, or distort any copyright notice or trademark legend, author attribution, or other notice placed on or contained within the Site, Services, or any Site Content;
  • Access, use, or copy any portion of the Site, Services, or Site Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms;
  • Use the Site or Services to store or transmit viruses, worms, time bombs, Trojan horses, or other malicious code, or any unsolicited messages, “spam” or any other Site Content or material in violation of applicable law;
  • Attempt to interfere with the proper working of the Site or Services or otherwise impair, overburden, or disable the same; or
  • Otherwise engage in any conduct that restricts or inhibits any other user or third party from using or enjoying the Site or Services.

 

User Accounts.

 

In order to access and use certain parts of the Site and/or Services, you may be required to register and maintain an active account on the Site (“Account”). To set up an Account, you may be asked to provide certain information about yourself, such as your first and last name, email address, phone number, company name, customer account number, and other contact information. You may also need to create a password for your Account and acknowledge and agree to these Terms of Use and the terms of our Privacy Policy. You must provide complete and accurate information when setting up an Account.

 

You are responsible for maintaining the confidentiality of your password and Account. You agree to: (i) use a strong password and keep your password confidential and not share it with anyone else; (ii) not transfer any part of your Account to anyone else; and (iii) immediately notify us of any unauthorized use of your username, password, or Account.

 

You agree at all times to keep current and promptly update your Account information, including, but not limited to, your email address and other contact information, so that we can contact you as necessary. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services and/or suspension or termination of your Account.

 

You acknowledge and agree that we are authorized to act on instructions received through use of your username, password, and/or Account, and that we may, but are not obligated to, deny access or block any use of your username, password, and/or Account without prior notice if we believe your username, password, and/or Account are being used by someone other than you, or for any other reason. You are solely responsible for all activity that occurs under your Account unless you close it or report misuse.

 

Site Content and Intellectual Property.

 

The Site, Services and Site Content are protected by copyright and other intellectual property laws. You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any Site Content you access through the Site and Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose any Site Content not owned by you (i) without the prior consent of the owner of that Site Content, or (ii) in a way that violates our or anyone else’s rights. If you would like permission to use Site Content, please email us at [email protected]

 

You understand and agree that we and/or our respective licensors own all right, title, and interest in and to the Site, Services, and Site Content. Under no circumstances will you acquire any ownership rights or other interest in the Site, Services, or Site Content by or through your use thereof.

 

You grant us a perpetual, worldwide, royalty-free, irrevocable, sublicensable, assignable, and transferable license to use, copy, distribute, display, modify, transfer, create derivative works of, or otherwise exploit any information and data that you provide in connection with, or that otherwise arises from, your use of the Site and any Site Content, feedback, submissions, ideas (including requests or suggestions), concepts, know-how, or techniques that you submit to the Site or otherwise choose to share with us through other communication channels for any purpose (including without limitation commercialization). You agree to only provide Site Content or information that does not violate the law nor anyone’s rights (including, without limitation, intellectual property rights).

 

User Provided Content.

 

The Site may permit you to post reviews, comments, and other materials on the Site (“User Content”). By submitting, uploading, or otherwise providing any User Content, you grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to use, copy, modify, translate, reformat, create derivative works of, display, perform, publish, distribute, and otherwise act with respect to your User Content, alone or as part of other works in any form, media, or technology, whether now known or hereafter developed, as we deem necessary or appropriate to: (i) provide the Site, Services, and Site Content; (ii) support our businesses, including, without limitation, to further market, develop, and improve the Site, Services, and Site Content, to create, develop, and/or improve other products and services, and to conduct research and analytics; and (iii) to otherwise conduct our and/or any of our third-party partners’ businesses (including by commercializing, and permitting third parties to commercialize, your User Content). You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your User Content that you may have under any applicable law under any legal theory. You represent and warrant that you own, or otherwise have all rights, permissions, and authorizations necessary to post and grant to us and our licensees the foregoing license and rights under, your User Content, and that such use by us will not infringe, misappropriate, or otherwise violate any copyright, trademark, right of publicity, or any other intellectual property or proprietary rights of any third party.

 

You are solely responsible for all of your User Content and for ensuring it they complies with these Terms of Use and any applicable laws. By submitting or uploading your User Content, you accept sole liability and responsibility for any of your User Content that does not comply with these Terms of Use and/or any applicable laws. Your User Content violates these Terms of Use and is prohibited from the Site if it:

  • is harassing, threatening, abusive, libelous, defamatory, untruthful, misleading, or invasive of privacy or publicity rights;
  • contains hateful, violate, or racist terms or images or symbols, or glamorize the actions of individuals or groups advocating violence, ethnic cleansing, genocide, or similar activities;
  • includes or reveal the personal information of another person;
  • contains a formula, instruction, or advice that could cause harm or injury;
  • does not relate to the Site, Services, Content, or relevant assets, as applicable;
  • is vulgar, obscene, profane, pornographic, or otherwise objectionable or in bad taste, as determined by us in our sole discretion; or
  • constitutes or encourages conduct that would constitute fraud, a criminal offense, or infringement or violation of another person’s intellectual property or proprietary rights, give rise to civil liability, or otherwise violate any applicable law or regulation.

 

We have the right, but do not assume the obligation or responsibility, to review and monitor User Content, and to determine whether it complies with these Terms of Use and applicable laws. In addition, we have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, refuse to store, refuse to send, remove, or disable access to any User Content, including without limitation any User Content that constitutes, or are likely to constitute, an infringement, misappropriation, or other violation of any copyright, trademark, right of publicity, or any other intellectual property or proprietary rights of any third party. We assume no liability for any User Content that appears or is removed from the Site or elsewhere. We have no obligation to use any User Content and may not use it at all.

 

Any User Content of any kind made by you or any other user or third party is made by the respective author(s) or distributor(s) and not by us. Other users and third parties may submit or post User Content that is inaccurate, misleading, or deceptive. We do not endorse and are not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinion of the person submitting it and may not reflect the opinion of VSG. Without limiting the foregoing, we specifically disclaim any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site, including, without limitation, any objectionable User Content.

 

 

Copyright Infringement Claims.

 

If you believe that any Site Content infringes upon your copyright, please notify us by email at [email protected]. Your notice should include (a) a description of the copyrighted work that you claim has been infringed; (b) the URL where the allegedly infringing Site Content is located; (c) your full name, postal address, telephone number, and email address; (d) a statement that you have a good faith belief that the use of the allegedly infringing material on our Site is not authorized; and (e) a statement that you are the copyright owner or an authorized agent of the copyright owner.

 

Disclaimer of Warranties and Liability.

 

THIS SITE, SERVICES AND ALL SITE CONTENT ARE PROVIDED “AS IS” TO THE FULL EXTENT PERMITTED BY LAW. THIS MEANS THAT WE DO NOT WARRANT, AND WE EXPRESSLY DISCLAIM ANY WARRANTIES, THAT THE SITE, SERVICES OR SITE CONTENT WILL BE (A) FIT FOR ANY PARTICULAR PURPOSE OR WILL MEET YOUR REQUIREMENTS OR SATISFACTION; (B) UNINTERRUPTED OR ERROR-FREE; OR (C) FREE OF DEFAMATORY, OFFENSIVE, OR ILLEGAL MATERIAL OR DEFECTS SUCH AS VIRUSES, MALFUNCTIONS, OR HARMFUL COMPONENTS THAT COULD DAMAGE OR ALLOW UNAUTHORIZED ACCESS TO YOUR COMPUTER OR COMPUTER NETWORK. IN ADDITION, WE EXPRESSLY DISCLAIM ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SITE, SERVICES, AND/OR SITE CONTENT AND WARRANTIES OF TITLE, NON-INFRINGEMENT OR  MERCHANTABILITY. YOU ACKNOWLEDGE THAT THE SITE AND SITE CONTENT MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW.

 

THE CONTENT OF THE SITE IS ONLY MEANT FOR INFORMATIVE PURPOSES. THEREFORE, NO INFORMATION, MATERIALS OR CONTENT CONTAINED IN THE SITE SHALL CONSTITUTE ADVICE, OR SUBSTITUTE FOR PROFESSIONAL ADVICE AND ANY USE OR DOWNLOAD THEREOF IS AT YOUR SOLE DISCRETION AND RISK.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE, SITE CONTENT, OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DISCONTINUATION OF USE OF THE SITE AND SERVICES IS YOUR SOLE RIGHT AND REMEDY FOR ANY DISSATISFACTION WITH THE SITE, SERVICES, OR SITE CONTENT.

 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER OR EXCLUSION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS SET FORTH IN THESE TERMS OF USE DO NOT APPLY; HOWEVER, ALL OTHER TERMS AND CONDITIONS SHALL APPLY AND REMAIN IN FULL FORCE AND EFFECT.

 

NEITHER WE, NOR OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES ARE LIABLE FOR ANY DAMAGES RESULTING FROM USE OF THIS SITE, SERVICES, OR SITE CONTENT INCLUDING, BUT NOT LIMITED TO, DAMAGES CAUSED BY DEFAMATORY, OFFENSIVE, OR ILLEGAL MATERIAL OR DAMAGES CAUSED BY VIRUSES, MALFUNCTIONS, OR OTHER HARMFUL COMPONENTS ACCESSED THROUGH THE SITE.

 

IN NO EVENT SHALL WE, AND OUR AFFILIATED ENTITIES, TOGETHER WITH OUR/THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, AND SHAREHOLDERS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM OR RELATED TO CONTENT LOCATED ON (OR ACCESSIBLE VIA) THE SITE OR RELATED TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE, THE SITE CONTENT, OR THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

 

IN THE EVENT THAT VSG IS DETERMINED BY A FINAL AND BINDING LEGAL DECISION TO BE LIABLE TO YOU FOR ANY DAMAGES, YOUR SOLE REMEDY, AND OUR AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE, SERVICES, AND SITE CONTENT, WILL IN ALL EVENTS BE LIMITED TO ONE HUNDRED DOLLARS ($100).

 

Links and Changes to Site.

 

This Site includes links to other web sites that are not maintained by us. We are not responsible for any information, functionality, or content of these web sites nor does their presence mean that we endorse such web sites. You acknowledge that different terms of use and privacy policies may apply to your use of third-party content and services. We may at any time and for any reason in our sole discretion, modify or discontinue the Site, Services or Site Content.

 

Indemnification.

 

You agree to defend us, indemnify us, and hold us harmless (as well as our affiliated entities together with our/their respective employees, agents, directors, officers and shareholders) from and against all the liabilities, claims, damages and expenses (including reasonable attorney fees and costs) arising out of or related to your use of the Site, Site Content, or Services; your failure to use the Site, Site Content, or Services; your breach or alleged breach of these Terms of Use; your violation or alleged violation of the copyright, trademark, proprietary or other rights of third parties, or your violation or alleged violation of any applicable law or regulation.

Termination of Access.

 

We may, in our sole discretion, without liability, and without notice to you, immediately suspend, limit, and/or terminate your access to or use of the Site or Services for any reason, including, without limitation: (i) if we believe in our sole discretion that you have violated these Terms or any applicable laws or regulations; (ii) at the request of law enforcement, government agencies, or courts; (iii) if we discontinue or materially modify the Site or Services (or any part thereof); or (iv) if we believe in our sole discretion that your access to or use of the Site or Services may pose a risk for us, our affiliates, or contractual partners, or other users. Upon any termination, you will lose the right to access and use the Site and Services and your Account, if any, will be closed.

 

Any suspension or termination will not affect your obligations to us under these Terms of Use. The provisions of these Terms which by their nature should survive the suspension or termination of your access to or use of the Site and Services shall survive including, but not limited to, the “Site Content and Intellectual Property”, “Indemnification”, “Disclaimer of Warranties and Liability”, “Arbitration and Class Action Waiver Provision”, and “Applicable Law” sections of these Terms of Use.

 

Security and Network Access.

 

VSG takes such commercially reasonable measures as we deem appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including, without limitation, any username and password used in connection with your use of the Site. You agree to notify us immediately if you discover loss of or access to such information by another party not under your control or supervision.

You are responsible for acquiring and updating compatible hardware, software, or devices necessary to access and use the Site and Services and any updates thereto. We do not guarantee that the Site or Services, or any portion thereof, will function on or with any particular hardware, software, or device. The Site and Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Acceptance.

 

By using the Site, you agree to accept the current Terms of Use. Your continued use of the Site now, or following the posting of notice of any changes in the operating rules, will indicate acceptance by you of such rules, changes or modifications.

Applicable Law.

 

Your use of the Site and any disputes arising out of such use of the Site, Site Content or Services is subject to the laws of Illinois without reference to its conflict or choice of law rules.

Miscellaneous.

These Terms of Use and the Privacy Policy (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Site, Services, and Site Content.

Our electronically or otherwise properly stored copy of these Terms of Use will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms.

We may assign our rights and obligations under these Terms of Use, in whole or in part, at any time to any third party without notice. You may not assign these Terms of Use or any rights or obligations hereunder without our prior written consent.

Our waiver of any breach of these Terms of Use will not be a waiver of any preceding or subsequent breach thereof.

If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions of these Terms of Use will not be affected, and the invalid, illegal, or unenforceable provision will be replaced by such valid and enforceable provision as comes closest to the intention underlying the invalid, illegal, or unenforceable provision.

You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.

Possible evidence of use of the Site, Site Content or Services for illegal purposes will be provided to law enforcement authorities.

Discontinuation of use of the Site and Services is your sole right and remedy for any dissatisfaction with the Site, Services, or any of the Site Content.

Questions.

Please contact us with any questions regarding the Site, Site Content, Services, or these Terms of Use at [email protected].

 

Exhibit A:
Arbitration and Class Action Waiver Provision

 

    • Acceptance. These Terms of Use cover your rights to use the Site, restrictions on that use and your agreement to arbitrate any dispute that may arise between us. These Terms of Use contain a mandatory, binding arbitration clause and a waiver of class-action remedies in Section 2. By downloading, installing or using the Site, Site Content, or Services, or otherwise signaling your acceptance of these Terms of Use, you accept these Terms of Use and agree that you are legally bound by its terms, including the mandatory, binding arbitration clause and class action waiver in Section

 

  • WE MAY MODIFY THESE TERMS OF USE, INCLUDING THE CONFIDENTIAL ARBITRATION AND DISPUTE RESOLUTION PROVISION BELOW, FROM TIME TO TIME AT OUR SOLE DISCRETION FOR ANY REASON. From time to time, VSG may update these Terms of Use by posting changes to www.vsgdover.com or by notifying you via the contact information you provided (or through other means) that it has updated the Terms of Use. As permitted by applicable law, any change, addition or deletion will become effective at the time the revised Terms of Use are published. Unless VSG states otherwise, the change, addition or deletion will apply to your future and existing uses of the website, software, or services. You are deemed to accept the changes, additions or deletions if: (a) you do not notify VSG to the contrary and terminate these Terms of Use within thirty (30) days of the date of VSG’s notice or such other time specified in the notice; or you use the Site after such effective date. If you do not agree with these changes, you will not be able to use the Site.

 

  1. Arbitration.

 

  • Mandatory Arbitration. For all disputes arising out of or relating in any way to the Site or these Terms of Use (including any dispute about arbitrability itself), you must first send a written description of your claim to VSG to allow VSG an opportunity to resolve the dispute. Arbitration will be between VSG and the claimant individually. You and VSG each agree to negotiate your claim in good If the parties still cannot resolve the dispute you may request arbitration if your claim or dispute cannot be resolved within 60 days. Please read this Section carefully. It affects your legal rights. It provides for resolution of disputes through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms of Use.
  • Arbitration Procedures. The individual arbitration of any dispute or claim arising out of or relating in any way to the Site shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”) Consumer Arbitration Rules (https://adr.org/sites/default/files/Consumer_Rules_Web_0.pdf), as modified by these Terms of Use. For clarity, the parties agree to delegate to the arbitrator not only substantive issues but also threshold issues such as those issues affecting the parties’ rights to litigate, and so disputes concerning the interpretation or enforceability of this arbitration agreement shall also be subject to arbitration under this Section. The AAA Consumer Arbitration Rules and information about arbitration and fees are available online at www.adr.org. Reasonable costs of such arbitration that exceed the filing fee for litigation will be paid for by VSG; you will not be responsible for VSG’s attorneys’ fees. You agree that these Terms of Use evidence a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration shall take place in the county where you reside or Cook County, Illinois, at your election. The individual arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms of Use as a court would. Any arbitration shall be confidential, and neither party may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

  • Costs. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. Each party will equally share all filing, administration and arbitrator

(d)             Class Action Waiver for Arbitration. You agree that any proceeding in arbitration will be conducted only on an individual basis and not in a class, consolidated, or representative action.

(e)             Governing Law. By using the Site, you agree that the statutes and laws of the United States and the State of Illinois, without regard to conflicts of laws principles, will apply to all matters relating to use of the Site, Site Content, or Services. If the arbitration agreement in sections (a) through (c) does not apply to a given dispute or claim, you agree that any litigation of that dispute or claim shall be subject to the exclusive jurisdiction of the state or federal courts located in Cook County, Illinois, United States, and you irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms of Use.

(f)                  Time Limit for Filing Claims. You agree that any claim or cause of action arising out of or related to any use of the Site or any activity related to these Terms of Use must be filed within two (2) years after such claim or cause of action arose or be forever barred.

  • Right to Opt-Out of Arbitration. You have a right to opt out of the agreement to arbitrate in these Terms of Use by unambiguously notifying VSG in writing at [email protected], Subject: Arbitration Opt-Out, within 60 days of the date you first accepted these Terms of Use that you opt out of mandatory arbitration under these Terms of Use. Unless you validly opt out as provided in this section, the arbitration requirements in these Terms of Use will remain effective, even if these Terms of Use are

 

  1. Class Action and Jury Waiver.
    • Class Action Waiver and Jury Waiver in Litigation. You agree that, if you have validly opted out of arbitration pursuant to Section 2(g), or if the arbitration agreement contained in sections 2(a) through (h) is found to be unenforceable, any claim or proceeding to be pursued in court will be conducted only on an individual basis and not in a class, consolidated, or representative action. You further agree that if a claim or proceeding proceeds in court rather than through arbitration, you and VSG each waive the right to a jury
  2. Severability.

Severability. If any term(s) or phrase(s) of these Terms of Use shall be found to be void or invalid as a matter of law, such term(s) or phrase(s) only will be severed, and the remainder of the paragraph or provision from which the term(s) or phrase(s) was severed and all remaining paragraphs or provisions of Terms of Use shall nevertheless remain in full force and effect.

Effective: January 30, 2026