NOTICE OF AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER. BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER CONTAINED IN THESE TERMS.
Information Collection, Use, and Sharing
(A) Information You Provide to Us
Personal Information and Demographic Information. We may ask you to provide us with certain categories of information, or you may otherwise provide us with information, through the websites such as: (1) personally identifiable information, which is information that could reasonably be used to identify you personally, such as your first and last name, e-mail address, and phone number (“Personal Information”); and (2) demographic information, such as information like your gender, your occupation or geographic information (“Demographic Information”).
Telephone Numbers. If you provide a mobile or other telephone number to us, you consent to receiving text messages and telephone calls from us at that telephone number as described below, but only to the extent permitted by applicable law. If you opt in to receiving text messages (including SMS) through the Website when prompted (where such option is made available to you), we may send you text messages at the number you provide for marketing purposes and communications. You can opt out of the receipt of such communications by texting us STOP at the number you received such message from. If you opt out of receiving marketing communications from us, please note that we may still send you messages to your physical address, email, or via text messages regarding your account, or for any services you have requested or received from us (e.g., to notify you about the status of a purchase that you have made with us). Message and data rates may apply.
Registration and Logins. To sign up for an account, you must provide specific information, including without limitation, personal information. Once you are registered (where that option is available), when you login to your account, we will collect your login username, password, and email address (if applicable).
Order & Payment Information. We request information from you when you order and reserve products through the Website. To order and reserve products using the Website, where that option is available, you must provide your contact information (e.g., name, email, phone number).
Security. We may also use in-store video monitoring for security, quality control and other purposes, such as helping us understand customer behavior and traffic patterns within our physical locations. In furtherance of our security policy, in-store video may be used, at our discretion, to assist law enforcement in investigations and may also be turned over to governmental authorities, agencies or others pursuant to an order issued or authorized by a court of competent jurisdiction. Images captured by our in-store video monitoring will be maintained for a limited period of time.
Marketing Communications. If you sign up or otherwise opt in to receive blog updates, promotions, or other communications from us, you will need to provide your email address. We will use this information to send you updates and promotional and other electronic communications. You may opt out of receiving updates and other emails from us at any time by following the unsubscribe instructions in the applicable email or by contacting us using the contact information provided below. Note that, even if you opt out of receiving promotional communications from Ayr, you may still receive administrative communications from us with respect to your use of the Website. We may use third-party email providers to deliver these communications to you.
We may collect the above information through various forms and in various places on the websites.
Providing us with information about yourself is voluntary, but if you choose not to provide certain information you may not be able to take full advantage of all our Websites’ features.
(B) Information We Collect and Store as You Access and Use the Websites
In addition to any Personal Information, Demographic Information, or other information that you choose to submit to us, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with the websites (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our websites. Privacy law concepts are evolving – it is possible that some Usage Information that we deem not to personally identify you and do not treat as Personal Information will nonetheless be deemed “personally identifiable information” by applicable law.
This Usage Information may include:
We may use various methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):
We may use Tracking Technologies for a variety of purposes, including:
There may be other Tracking Technologies now and later devised and used by us in connection with the websites.
Third Parties Providing Services on Our Behalf
We may use third-party vendors to perform certain services on behalf of us or some or all of the websites, such as: (a) manage a database of client information; (b) hosting the websites; (c) designing and/or operating the websites’ features; (d) tracking the websites’ activities and analytics; (e) enabling us to send you information about our services or perform other administrative services; and (f) other services designed to assist us in maximizing our business potential. We may provide these vendors with access to user information, including Device Identifiers and Personal Information, to carry out the services they are performing for you or for us. Third-party analytics and other service providers for some of our websites may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to information about you, potentially including Personal Information, about you. We are not responsible for those third party technologies or activities arising out of them.
Third-Party Content and Links to Third-Party Sites on the Websites
The Websites may contain content that is supplied by a third party, and those third parties may collect Usage Information and your Device Identifier when pages from the websites are served to you. In addition, when you are on the Websites you may be directed to other services that are operated and controlled by third parties that we do not control. We are not responsible for the data collection and privacy practices employed by any of these third parties or their services and they may be tracking you across multiple sites and may be sharing the results of that tracking with us and/or others.
Protecting Personal Information Provided to Us
We make reasonable efforts designed to protect Personal Information that you submit over the Websites from loss, misuse, and unauthorized access, disclosure, alteration and destruction, which may include the use of firewalls and other security measures on our servers. However, we do not warrant or represent that its level of security meets or exceeds any particular standard, and no server or internet transmission is ever 100% secure or error-free. You should take this into account when submitting Personal or confidential Information on any websites, including ours. Similarly, any information that you send us through the websites is not confidential or privileged, and may be subject to applicable disclosure and reporting requirements, as required by law.
Questions or Concerns
Agreement to Arbitrate
YOU AND SIRA MUTUALLY AGREE TO WAIVE THEIR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY CLAIM OR DISPUTE AGAINST EACH OTHER ON AN INDIVIDUAL BASIS IN ARBITRATION. This will prohibit you from bringing any class, collective, or consolidated action against Sira, and will also prohibit you from participating in or recovering relief under any current or future such actions brought against Sira by someone else. This agreement to arbitrate (“Arbitration Agreement”) also applies to claims between you and Sira’s Third-Party Providers, and such Third-Party Providers will be considered intended third party beneficiaries of this Arbitration Agreement.
You and Sira agree that 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) and any other federal and state statutory and common law claims (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. All disputes concerning contract formation and/or the arbitrability of a Dispute (including disputes about the scope, applicability, enforceability, legality, revocability, or validity of the Arbitration Agreement) have been delegated to and will be decided by the arbitrator, except as expressly provided herein.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU AND SIRA ARE EACH WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ANY AND ALL DISPUTES, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. NEITHER PARTY HAS THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL AND DISCOVERY AND APPEAL RIGHTS WILL BE LIMITED. Even if all parties have opted to litigate a claim in court, you or Sira may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit.
Prohibition Of Class Actions And Non-individualized Relief
You acknowledge and agree that you and Sira are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class, collective, or consolidated proceeding. Further, unless both you and Sira otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class, collective, consolidated or representative proceeding.
Arbitration Rules And Governing Law
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Agreement. The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879 or any subsequent applicable telephone number.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration and a separate form for California residents at adr.org. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location And Procedure
Unless you and Sira otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Sira submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
The arbitrator’s decision will be final and binding except for (1) any review allowed by the Federal Arbitration Act (“FAA”), notwithstanding the Act’s inapplicability to this Agreement in every other respect; (2) a decision that awards more than $10,000 may be appealed to a new appellate arbitrator by the party who is to pay the award; and (3) an award of injunctive relief may be appealed to a new appellate arbitrator by the party to be enjoined. The appellate arbitrator is completely free to accept or reject the entire original award or any part of it. The appeal must be filed with the arbitration organization not later than 30 days after the original award issues. The appealing party pays all appellate costs unless the appellate arbitrator determines otherwise as part of its award. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision will be severed from this Arbitration Agreement, (2) severance of the unenforceable or unlawful provision will have no impact on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis, and (3) to the extent that any Disputes must therefore proceed on a class, collective, consolidated or representative basis, such Disputes must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. In any case in which the Dispute proceeds on a class, collective, consolidated or representative basis and there is also a final judicial determination that this Arbitration Agreement is unenforceable as to a portion (but not all) of such Dispute, then such portion of the Dispute will be severed from any remaining claims and the remainder will be enforced in arbitration on an individual basis as to all other Disputes to the fullest extent possible. Except as otherwise provided herein, this “Arbitration Agreement” section will survive any termination of this Agreement.