In no event will Free Delivery benefits be available to you if reside outside the delivery service area of a Participating Beta Test Program Retailer. Ace welcomes your feedback, comments, and suggestions regarding the Beta Test Program and potential improvements to the Beta Test Program collectively, "Feedback". Accordingly, without payment or further consideration to you, you hereby assign to Ace all rights, including copyright and other intellectual property rights, in and to the Feedback. You represent and warrant that your Feedback is not subject to any restrictions by third parties and that you have the right and authority to grant the rights granted herein without violating the rights of any third party.
You agree that Ace is under no duty to use your Feedback or keep your Feedback confidential. You and Ace agree that any and all disputes or claims that have arisen or may arise between you and Ace in connection with the Beta Test Program shall be resolved exclusively through confidential, final, and binding arbitration.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. Attendance at an in-person hearing may be made by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Illinois, including recognized principles of equity, and will honor all claims of privilege recognized by law.
The arbitrator's award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules.
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You and Ace agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Ace agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief including monetary, injunctive, and declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim s.
Any relief awarded cannot affect other Beta Test Program members. Applicable Law: The laws of the State of Illinois, without regard to principles of conflict of laws, will govern the Beta Test Program and any claim or dispute that has arisen or may arise between you and Ace. Severability: The invalidity or unenforceability of any provision s of these Beta Test Program Terms shall not affect the validity or enforceability of any other provision. In the event that any provision of these Program Terms is found to be invalid or unenforceable, these Beta Test Program Terms shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.
Construction: The headings used in these Beta Test Program Terms are for convenience only, are not a part of this agreement, and do not affect the interpretation of any of the provisions of these Beta Test Program Terms. Any reference to the term "including" means "including, without limitation. Survival: The provisions regarding Feedback, disclaimer of warranties, limitation of liability, arbitration agreement, prohibition of class and representative actions and non-individualized relief, and these miscellaneous provisions shall survive termination of your Beta Test Program membership or cancellation of the Beta Test Program.
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