Bader Rutter & Associates, Inc.
1433 N. Water St., Suite 100
Milwaukee, WI 53202
Collection of personal information
We will collect no personal information about you when you visit our website unless you choose to provide that information. If you choose to provide that information, we may collect information from you when you subscribe to our newsletter or fill out a form. We may also collect personal information submitted to us in connection with job applications through the site. This information may include your name, email address, postal address, telephone number or other information, including your resume and associated information.
In addition, we automatically collect nonpersonally identifiable information, such as IP host address, webpages viewed, browser type, browsing path and other data, and may aggregate any information collected in a manner which does not identify any individual.
We also utilize technologies on this site to collect usage information, including device identifiers, which may include but are not limited to: cookies (data files placed on a device when it is used to visit the site), mobile analytics software and pixel tags (transparent graphic images, sometimes called web beacons or tracking beacons, placed on a webpage or in an email, which indicate that a page or email has been viewed). Similarly, we use analytics tools to help us track and analyze usage of our site, using cookies, pixels and other tracking technologies. To learn how you may be able to reduce the number of cookies you receive from us or delete cookies that have already been installed in your browser’s cookie folder, please refer to your browser’s help menu or other instructions related to your browser.
If you choose to provide your information, we will only use your personal information for the purpose it was given to us. We will never sell, trade or rent your personal information to any third party without your consent.
Aggregate information may be shared with any number of parties, provided that such information does not specifically identify any individuals.
We implement a variety of security measures to maintain the safety of your personal information when you enter, submit or access your personal information. However, due to the inherent open nature of the internet, we cannot guarantee that communication between you and Bader Rutter or information stored on BaderRutter.com or our servers will be free from unauthorized access by third parties such as hackers, and your use of the website demonstrates your assumptions of this risk. We have put in place physical, electronic and managerial procedures to safeguard the information we collect. Only those employees who need access to your information to perform their duties are authorized to have access to your personal information.
Images contained on this website are licensed and therefore we prohibit the downloading, republication, retransmission, reproduction or other use of the licensed material as a stand-alone file.
Changes to our policy
California Privacy Rights
Under the California Consumer Privacy Act (CCPA), you have the right to request that we disclose to you (i) the categories of personal information we collected about you and the categories of sources from which we collected such information; (ii) the specific pieces of personal information we collected about you; (iii) the business or commercial purpose for collecting or selling (if applicable) personal information about you; and (iv) the categories of personal information about you that we shared, disclosed or sold (if applicable) and the categories of third parties with whom we shared or to whom we disclosed or sold (if applicable) such information in the preceding 12 months. You also have the right to request that we delete personal information we collected from you subject to certain exceptions and to opt out of any future sale (if applicable) of your personal information.
Bader Rutter does not sell personal data to third parties.
You also have the right to request that we delete any of your personal information. In some circumstances we may not be able to honor your request for deletion – for example, if we need to hold on to your information to protect the security or functionality of our operations or to comply with legal obligations.
To ask for a record of the information we hold about you, or to ask us to delete your information, please email us at firstname.lastname@example.org. You must provide enough information that we can verify who you are and that you are a California resident. We will only use personal information provided in a request to verify the requester’s identity and authority to make the request.
You have the right to designate an authorized agent to make any of these requests under the CCPA on your behalf. We will not deny services, charge different prices, offer a different quality of service or otherwise discriminate against you for exercising your rights under the CCPA.
Terms of Service
Last Updated: June 24, 2019
Welcome, and thank you for your interest in Bader Rutter and Associates, Inc. dba The Intel Distillery (“TID”, “we” or “us”) and our website at www.inteldistillery.com along with our related websites, networks, applications, mobile applications and other services provided by us (collectively, the “Service”). These Terms and Conditions of Use (“Terms”) are a legally binding contract between you and TID regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
ARBITRATION NOTICE: Except for certain kinds of disputes described in Section 16, you agree that disputes arising under these terms will be resolved BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS, YOU AND TID ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury.
- Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
- Accounts and Registration. To access some features of the Service, you must register for an account (“Account”). When you register for an Account, you may be required to provide us with some information about yourself, such as your name, address, email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your Account and password, and you accept responsibility for all activities that occur under your Account. If you believe that your Account is no longer secure, then you must immediately notify us at email@example.com.
- Limited License. Subject to your complete and ongoing compliance with these Terms, TID grants you, solely for your personal, noncommercial use, a limited, nonexclusive, nontransferable, nonsublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service.
- License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
- Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant TID an unrestricted, perpetual, irrevocable, nonexclusive, fully paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
- Ownership; Proprietary Rights. The Service is owned and operated by TID. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services and all other elements of the Service (“Materials”) provided by TID are protected by intellectual property and other laws. All Materials included in the Service are the property of TID or its third-party licensors. Except as expressly authorized by TID, you may not make use of the Materials. TID reserves all rights to the Materials not granted expressly in these Terms.
- Third-party Terms.
- Third-party Services and Linked Websites.TID may provide tools through the Service that enable you to export information, including User Content (as defined below), to third-party services, including through features that may allow you to link your Account with an account on the third party service, such as Pinterest, Twitter or Facebook, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that TID may transfer that information to the applicable third-party service. Third-party services are not under TID’s control, and, to the fullest extent permitted by law, TID is not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under TID’s control, and TID is not responsible for their content.
- Third-party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-party Components under the applicable third-party licenses or to limit your use of Third-party Components under those third-party licenses.
- User Content.
- User Content Generally. Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
- Limited License Grant to TID. By providing User Content to or via the Service, or by submitting any User Content to any social media platform using a TID-branded hashtag, you grant TID a worldwide, nonexclusive, irrevocable, transferable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
- Limited License Grant to Other Users. By providing User Content to or via the Service to other users of the Service, you grant those users a nonexclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
- User Content Representations and Warranties. TID disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent and warrant that you are the creator and owner of the User Content, or have the necessary licenses, rights, consents and permissions to authorize TID and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by TID, the Service, and these Terms; your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause TID to violate any law or regulation or otherwise cause liability for TID; and your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate.
- User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. TID may, however, at any time and without prior notice, screen, remove, edit or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against TID with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, TID does not permit copyright-infringing activities on the Service.
- Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
- Use the Service for any illegal purpose or in violation of any local, state, national or international law;
- Harass, threaten, demean, embarrass or otherwise harm any other user of the Service;
- Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
- Interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
- Interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
- Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
- Sell or otherwise transfer the access granted under these Terms or any Materials (as defined above) or any right or ability to view, access or use any Materials; or
- Attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section.
- Digital Millennium Copyright Act.
- DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
401 N. Michigan Ave., Suite 1900
Chicago, IL 60611
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must comply include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of the material that you claim is infringing and where it is located on the Service;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent or the law; and
- A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- Repeat Infringers. TID will promptly terminate the accounts of users that are determined by TID to be repeat infringers.
- DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
- Modification of These Terms. We reserve the right to change these Terms on a going-forward basis at any time upon 7 days’ notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Term, Termination and Modification of the Service.
- Term. These Terms are effective beginning when you accept the Terms or first download, install, access or use the Service, and ending when terminated as described in Section 11.2.
- Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, TID may, at its sole discretion, terminate these Terms or your Account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your Account and these Terms at any time by sending an email to firstname.lastname@example.org.
- Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; and (b) you will no longer be authorized to access your Account or the Service.
- Modification of the Service. TID reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain products or features of the Service), temporarily or permanently, without notice to you. TID will have no liability for any change to Product offerings or the Service or any suspension or termination of your access to or use of the Service.
- Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify TID and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “TID Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Disclaimers; No Warranties.
EXCEPT AS PROVIDED FOR IN THESE TERMS, THE SERVICE, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, TID DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NONINFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TID DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND TID DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR TID ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF TID ENTITIES, OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE, AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. TID does not disclaim any warranty or other right that TID is prohibited from disclaiming under applicable law.
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TID ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY TID ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 16.4 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF TID ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO TID OR ACCESS TO AND USE OF THE SERVICE IN THE 1 MONTH PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Notice to New Jersey Residents. No provisions in these Terms should be construed to waive any or disclaim any established legal right of a consumer or any legal responsibility of TID owed to consumers. All provisions of these Terms, including exculpatory provisions disclaiming liability for damages, including indirect, incidental, punitive, exemplary, special or consequential damages, are disclaimed with respect to New Jersey consumers only to the fullest extent permitted by New Jersey law and in no event shall the waivers, disclaimers, or limitations on TID’s liability exceed the limits allowable under the laws of the State of New Jersey. If applicable, the risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.
Dispute Resolution and Arbitration.
- Generally. In the interest of resolving disputes between you and TID in the most expedient and cost effective manner, and except as described in Section 16.2, you and TID agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TID ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Exceptions; Opt-out. Despite the provisions of Section 16.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim. In addition, you may opt out of the provisions of this Section 16 by sending to TID, within 30 days after the date that you agree to these Terms, a written opt-out notice that specifies: your full legal name, the email address associated with your Account on the Service, your postal mailing address, the date that you agreed to the Terms, and a statement that you are opting out of the arbitration provision of the Terms (“Opt-out Notice”). To be valid, Opt-out Notices must be mailed to Bader Rutter, 401 N. Michigan Ave., Suite 401, Chicago, IL 60611: Arbitration Opt-out, and the date of mailing must be within 30 days after the date that you agreed to the Terms (as confirmed by TID’s records).
- Arbitrator. Any arbitration between you and TID will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 800-778-7879 or by contacting TID. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this binding arbitration agreement.
- Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). TID’s address for Notice is: Bader Rutter, 401 N. Michigan Ave., Suite 401, Chicago, IL 60611. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or TID may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or TID must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by TID in settlement of the dispute prior to the award, TID will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
- Fees. If you commence arbitration in accordance with these Terms, TID will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Chicago, Illinois, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a nonappearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse TID for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions. YOU AND TID AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and TID agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to This Arbitration Provision. If TID makes any future change to this arbitration provision, other than a change to TID’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to TID’s address for Notice of Arbitration, in which case your access to the Services will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
- Enforceability. If Section 16.6 is found to be unenforceable or if the entirety of this Section 16 is found to be unenforceable, then the entirety of this Section 16 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 17.2 will govern any action arising out of or related to these Terms.
- Governing Law. These Terms are governed by the laws of the State of Illinois without regard to conflict of law principles. You and TID submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Illinois for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Illinois, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
- Minors. These Services are not directed to children under 13 years of age (or such other digital age of consent in your jurisdiction, for example, 16 years of age in certain European countries) (together, the “Age of Consent”) and we do not knowingly collect personal information from children under the Age of Consent. If you are under the Age of Consent you should not use these Services, and under no circumstances should you send information about yourself to us. If we are made aware that a child under the Age of Consent has provided us with personal information, we will immediately delete that child’s information from the Services.
- Security. We use reasonable security measures that are designed to protect personal information from loss, disclosure, misuse and destruction. These measures may include regular review of our data collection and storage processes, data encryption, and security software on our networks and servers. Please be aware, however, that no data security measures can be completely effective. Consequently, you understand and agree that such steps do not guarantee that use of the Services is invulnerable to all security breaches and that TID makes no warranty or representation nor can it ensure that use of any of the Services is protected from viruses, security threats or other vulnerabilities. You use the Services and transmit information to us at your own risk.
- Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
- Accuracy and Availability of Products and/or Services. While every effort will be made to ensure that the descriptions, photographs, information, graphic depictions, product and service descriptions, or other part of the Services are accurate, complete, reliable, updated, current, or error-free, TID does not warrant that the Services are error-free. In the event TID determines that the Services contains an inaccurate information, TID reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, unless prohibited by law. If applicable, TID, at its option, may have different terms for its Services. TID may make improvements or changes to any of its content, information products, services or programs at any time without notice. You agree to notify TID immediately if you become aware of any pricing or descriptive errors or inconsistencies with any Services, Content or Materials and to comply with any corrective action. Your sole remedy in such event of any such error is to return the product (or cancel the service, if applicable) according to the terms of the return policy (or relevant agreement, in the case of a service, if applicable).
- Contact Information. The Service is offered by Bader Rutter & Associates, Inc., 401 N. Michigan Ave., Suite 401, Chicago, IL 60611. You may contact us by sending correspondence to that address or by emailing us at email@example.com.
- Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or by telephone at 800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
- No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
- International Use. TID is based in the United States. We make no representation that the Service is appropriate or available for use in all jurisdictions. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
- Notice Regarding Apple. This Section 28 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and TID only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third-party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Our Commitment to Accessibility
The Intel Distillery is committed to making our website content accessible and user-friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call our Customer Service team at BR’s main office at 262-784-7200, or email our team at firstname.lastname@example.org, include “Disabled Access” in the subject line, and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user-friendly.