The Dietz & Watson website services are information services (henceforward: Dietz & Watson information services) that are provided by Dietz & Watson and the use of which is subject to the following Terms of Use (“Terms“).
By accessing the Dietz & Watson information services and using their content, you acknowledge and agree that you have read and understood the following Terms and agree to be bound by them. Do not use the Dietz & Watson Website if you do not agree with these Terms. By agreeing to these Terms, you also agree to our Privacy Policy, available at https://www.dietzandwatson.com/privacy-policy, which is incorporated by reference into these Terms.
As used below, the terms "we", "us" and "our" refer to Dietz & Watson as well as our agents, representatives, successors, assigns, and any other third parties acting on our behalf.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE THAT EITHER YOU OR WE MAY ELECT TO HAVE ANY CLAIM (AS DEFINED BELOW) SUBMITTED TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT OR BEFORE A JURY. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A MEMBER OF A CLASS ACTION. YOU HAVE A RIGHT TO REJECT THE ARBITRATION AGREEMENT AS DESCRIBED BELOW. PLEASE READ THE ARBITRATION AGREEMENT CAREFULLY.
The Dietz & Watson information services are available for information purposes only. The posting of content and access to the Dietz & Watson information services do not represent, either explicitly or implicitly, any provision of services or products by us. Your eligibility for our products and services is subject to our final determination, restrictions, and acceptance.
Your use of the Dietz & Watson information services is limited to the intended functions of the Dietz & Watson information services. Unauthorized use of the Dietz & Watson information services and/or our systems, including but not limited to misuse of any information posted on the Dietz & Watson information services or unauthorized entry into any of our systems is strictly prohibited. You are prohibited from using the Dietz & Watson information services in any manner that either directly or through the use of any device, software, Internet site, web-based service, or other means:
You may not build a business utilizing the content on the Dietz & Watson information services, whether or not for profit. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on any of the content of the Dietz & Watson information services, including without limitation, montages, mash-ups and similar videos, and merchandise, unless it is expressly permitted by us in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
If you violate any provision of these Terms, we reserve the right to terminate your access to the Dietz & Watson information services. Additionally, we, in our sole discretion, may suspend or terminate any user account that you have established with us at any time, with or without notice. We may at any time, with or without cause, and without prior notice to you deny you access to the Dietz & Watson information services. We may terminate these Terms or the Dietz & Watson information services, in whole or in part, at any time without prior notice to you. In the event we terminate these Terms, any existing transactions you have entered into with us shall remain in effect.
If you violate any provision of these Terms, we reserve the right to terminate your access to the Dietz & Watson information services. Additionally, we, in our sole discretion, may suspend or terminate any user account that you have established with us at any time, with or without notice. We may at any time, with or without cause, and without prior notice to you deny you access to the Dietz & Watson information services. We may terminate these Terms or the Dietz & Watson information services, in whole or in part, at any time without prior notice to you. In the event we terminate these Terms, any existing transactions you have entered into with us shall remain in effect.
Please retain copies of all content you submit, as we are under no obligation to store or return any such content to you. Your submission of content will not be subject to any obligation of confidentiality, attribution, or otherwise. You acknowledge that you are responsible for any content you may submit through the Dietz & Watson information services, including the legality, reliability, appropriateness, originality, and copyright of any such content.
These Terms apply to any user submissions to any Dietz & Watson social media pages. We encourage you to post, comment, and interact with Dietz & Watson social media pages and other users of the Dietz & Watson social media pages. However, you assume all risk for your interactions with other users, including online interactions and physical interactions.
The Dietz & Watson information services are not intended for use by persons under the age of 18 years, and no offer by us is made to such persons. The Dietz & Watson information services are not intended for use by persons in any jurisdiction or country where such use would be contrary to applicable laws or regulations. We may restrict your access to the Dietz & Watson information services during the times you are in a country for which use of the Dietz & Watson information services would be prohibited. You are responsible for compliance with all local laws. By offering information, products, or services via the Dietz & Watson information services, no solicitation is made by us to any person to use such information, products, or services in jurisdictions where the provision of information, products, or services is prohibited by law.
No information of the Dietz & Watson information services should be interpreted as an offer or a solicitation for an offer or as advice on legal, tax, or other matters. Where such advice is required, a professional should be consulted.
We endeavour to ensure that all content provided by the Dietz & Watson information services is up-to-date. However, we do not warrant that said information is up-to-date, accurate, or complete. We may discontinue or make changes to the information, products, licenses, or services described by the Dietz & Watson information services at any time.
All content of the Dietz & Watson information services, including, but not limited to, graphics, text, and hyperlinks or references to other sites, is subject to alteration without prior notice and is provided "as is" and without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement and freedom from computer viruses or other harmful components.
We do not warrant the adequacy, accuracy, reliability, or completeness of any information of the Dietz & Watson information services and expressly disclaim any liability for errors or omissions therein.
To use the Dietz & Watson information services, you will need a working connection to the Internet via a web browser on your computing device for which you are responsible for all costs, expenses, and fees. From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment, or telecommunications devices, unusual transaction volume, or similar reasons, the Dietz & Watson information services may not be available for your use.
We do not warrant that the functions of the Dietz & Watson information services will be uninterrupted and/or error-free, that defects will be corrected, or that the Dietz & Watson information services or the servers that make them available are free from computer viruses or other harmful components.
We expressly disclaim any liability, whether in contract, tort, strict liability, or otherwise, for any direct, indirect, incidental, consequential, punitive, or special damages arising out of or in any way connected with your accessing or using or inability to access or use the Dietz & Watson information services or your reliance on its content, or any failure of performance, interruption, defect, delay in transmission, computer viruses, or other harmful components, or line or system failure associated with the Dietz & Watson information services, regardless of our knowledge thereof. The same is true of any content appearing on any of the Dietz & Watson websites or social media.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
You agree to indemnify and hold us harmless from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys’ fees and costs, incurred by us in connection with any claim by a third party (including any intellectual property claim) arising out of your use of Dietz & Watson information services in violation of these Terms or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without our written consent.
For your convenience certain hyperlinks or referenced websites in the Dietz & Watson information services may take you to third parties' websites, which generally are recognized by their top level domain name. Their content has not been investigated or analyzed by us, and we do not warrant the adequacy, accuracy, reliability, or completeness of any information on hyperlinked or referenced websites and expressly disclaim any liability for any and all of their content.
Links to third-party websites, such as social media websites, which we do not own or control, are being provided for your convenience. If you visit a link to another website, you do so at your own risk subject to the terms and conditions establish by the operator of that website. The fact that we provide a link to a website does not necessarily mean we endorse, authorize, or sponsor that third-party website, or that we are affiliated with the third-party website’s owners or sponsors. We reserve the right to terminate a link to a third-party website at any time
By accessing the Dietz & Watson information services, you also agree to abide by the proprietary guidelines applicable to any website accessed or hyperlinked through the Dietz & Watson information services.
We have taken steps to protect the privacy and security of your personal information as well as your transactions with us. Although we use administrative, technical, and physical security measures to protect you and us, the Internet is a public network, and we cannot guarantee that any information transmitted or transactions conducted via the Internet are absolutely secure or that a third party will not be able to access or intercept payment information. We are not responsible for any electronic virus or viruses that you may encounter as you use the Internet.
We are committed to stopping fraud, and reserve the right to take all reasonable measures to detect and prevent it. For security purposes, we may view, monitor, and record activity on the Dietz & Watson information services without notice or permission from you. Any information obtained by monitoring, viewing, or recording may be subject to review by law enforcement organizations, other relevant authorities, or appropriate third parties in connection with the investigation or prosecution of possible criminal activity on the Dietz & Watson information services. We will also comply with all court orders involving requests for such information. Actual or attempted fraud or other unauthorized use of the Dietz & Watson information services may result in criminal and/or civil prosecution and immediate termination of your right to use the Dietz & Watson information services.
If you submit contact information, such as an e-mail address, to us through the Dietz & Watson information services, we may use your contact information to communicate with you. E-mail is not secure, and you understand that there are risks associated with communicating via e-mail, including the possibility of unauthorized access, failure to receive e-mails because they have been misdirected or sent to a spam folder, and your inability to access e-mail due to power outages, hardware, or software malfunctions or failures of your computing device, or matters affecting the Internet or your access to the Internet. Do not rely on e-mail if you need to contact us immediately. For security reasons, we may not be able to respond to certain e-mail requests.
Except as set forth in the Arbitration Agreement, we reserve the right to change, modify, add to, or remove portions of these Terms at any time. We will notify you of any change to these Terms as required by applicable law. Any such changes shall take effect as soon as they are posted to the Dietz & Watson information services. Your use of the Dietz & Watson information services after such changes are posted shall constitute your agreement to be bound by the changed terms. You should review these Terms periodically for any changes
You agree that your use of the Dietz & Watson information services (excluding the Arbitration Provision) shall be governed by all applicable Federal laws and the laws of the State of Pennsylvania, without giving effect to any principles of conflict of law. You agree to submit to the sole and exclusive jurisdiction of the state and federal courts sitting in the State of Pennsylvania.
If for any reason a Dispute proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
These Terms constitute the entire agreement between you and us with respect to the Dietz & Watson information services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Dietz & Watson information services. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. Except as expressly set forth herein, in the event of a conflict between these Terms and any other applicable terms, the terms of these Terms shall govern. In the event that any provision of these Terms is held unenforceable, the validity or enforceability of the remaining provisions will not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes close to the intention underlying the unenforceable provision.
This Arbitration Agreement and Class Action Waiver (“Arbitration Agreement”) AFFECTS YOUR RIGHTS; PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS.
Agreement to Arbitrate. Except as otherwise explicitly provided in this Arbitration Agreement, you can elect to resolve any past, present, or future dispute or claim (“Dispute”) arising from or relating in any way to (i) the use of the Dietz & Watson information services, (ii) these Terms, (iii) any products or services relating to or made or obtained through the use of the Dietz & Watson information services, or (iv) the relationship between you and us in connection with any of the foregoing that cannot be resolved directly between you and us, by binding arbitration under the Consumer Arbitration Rules (“the Consumer Rules”) of the American Arbitration Association (“AAA”), or other mutually agreeable arbitration provider, rather than in court. (Solely for purposes of this Arbitration Agreement, the term “we” or “us” also includes any third party providing any goods and/or services in connection with the use of the Dietz & Watson information services or any of the foregoing on behalf of us, if that third party is named as a defendant along with us in the same proceeding or a related proceeding.)
“Dispute” Defined. Except as otherwise explicitly provided in this Arbitration Agreement, “Dispute” broadly includes, without limitation: any claims based in contract, statute, ordinance, tort, fraud, consumer rights, misrepresentation, equity, or any other legal theory; initial claims, counterclaims, cross-claims, and third-party claims; federal, state, and local claims; and claims which arose before the date of your use of the Dietz & Watson information services, including, but not limited to, any dispute or claim arising before the date you accessed the Dietz & Watson information services or agreed to these Terms and any dispute or claim relating to (by way of example and not limitation): (i) the use, denial, or termination of the Dietz & Watson information services and/or the events leading up thereto; (ii) any disclosure, advertisement, application, solicitation, promotion, or oral or written statement, warranty, or representation made by or on behalf of us; (iii) any product or service provided by or through us or third parties in connection with the use of the Dietz & Watson information services or the relationship between you and us and any associated fees; (iv) the collection of amounts due and the manner of collection; (v) our use or failure to protect any personal information you give us in connection with the use of the Dietz & Watson information services or your relationship with us; (vi) enforcement of any and all of the obligations a party may have to another party in connection with the use of the Dietz & Watson information services or agreement governing the same; or (vii) compliance with applicable laws and/or regulations.
Exceptions to “Dispute”. Notwithstanding any of the foregoing: (i) disputes or controversies about the validity, enforceability, coverage, or scope of this Arbitration Agreement or any part thereof are for a court and not an arbitrator to decide; however, disputes or controversies about these Terms or your agreements governing the use of the Dietz & Watson information services or with us as a whole are for an arbitrator and not a court to decide; (ii) any Disputes seeking to enforce or protect, or concerning the validity of intellectual property rights, will not be subject to binding arbitration under this Arbitration Agreement; and (iii) any party may proceed with their individual claims in small claims court (or an equivalent court) if that option is available in the applicable jurisdiction and the amount in controversy falls within the small claims court’s (or the equivalent court’s) jurisdictional limits; but if that action is transferred, removed, or appealed to a different court, arbitration can be elected.
Governing Law. The Federal Arbitration Act (“FAA”), 9 U.S.C. 1 et seq., and federal arbitration law apply to this Arbitration Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court in an individual case and must apply and follow applicable substantive law, consistent with the FAA, and the terms of these Terms and any agreement governing the use of the Dietz & Watson information services. The arbitrator shall apply applicable statutes of limitations and honor privilege rules. Any judgment on the award rendered by the arbitrator will be null, subject to any appeal rights under the FAA, and may be entered in any court of competent jurisdiction. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Agreement.
JURY TRIAL WAIVER. YOU UNDERSTAND THAT ABSENT YOUR CONSENT TO ARBITRATION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY.
Arbitration Procedures. Either you or us can initiate arbitration through the AAA, an alternative dispute resolution provider, or by filing a motion to compel arbitration of claims filed in court. Regardless of who elected arbitration or how arbitration was elected, the party asserting the claim (i.e., the party seeking money damages or other relief from a court or an arbitrator) is responsible for starting the arbitration proceeding. If the AAA cannot serve and we cannot agree on a substitute, a court with jurisdiction shall select the arbitrator, who will apply the AAA rules and the procedures specified in this Arbitration Provision. Any arbitration will be governed by the then-current Consumer Rules, and its Procedures for the Resolution of Disputes through Document Submission (“Document Submission Procedures”). For more information about the AAA and its rules, you may contact the AAA at American Arbitration Association, 120 Broadway, Floor 21, New York, N.Y 10271, 1-800-778-7879, www.adr.org. The Document Submission Procedures are included in the Consumer Rules. Your arbitration ling fees will be governed by the Consumer Rules. If it is determined by the arbitrator that you cannot afford such fees, we will pay all arbitration administrative and arbitrator fees and expenses. The arbitration will be conducted solely based on written submissions and will not require any personal appearance by the parties or witnesses unless the arbitrator determines that a telephonic or in-person conference or hearing is necessary based on the request of one or more of the parties. If an in-person hearing is necessary, it will be held in the federal judicial district in which you reside or at another location that is reasonably convenient to all parties.
CLASS ACTION WAIVER. You and we each agree that if arbitration of a Dispute is elected, the Dispute will be resolved in arbitration (not in court) only on an individual basis and not as a class, consolidated, or representative action. To the fullest extent permitted under the FAA: (a) no arbitration will be joined or consolidated with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action or private attorney general basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. No arbitrator shall have the authority to issue any relief that applies to any person or entity other than we and/or you individually.
Miscellaneous; Conflicts. Even if all parties have opted to litigate a Dispute in court, a party may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative, or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Provision. If any portion of this Arbitration Provision is inconsistent with the Consumer Rules, with these Terms, or your agreements governing the use of this Site, or with an arbitration provision in any agreement with a Transaction Party (including, without limitation, any loan agreement), this Arbitration Agreement shall govern.
Survival; Severance. This Arbitration Agreement shall survive termination of the Site or of any agreement into which you enter with us; and, further, you understand and agree that this Arbitration Agreement applies not only to these Terms but also to any subsequent agreement (including without limitation any agreement governing the use of the Site or any loan agreement) into which you enter with us. This Arbitration Agreement stays in force even if you withdraw from a transaction with us. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement, except that: (a) if the Class Action Waiver is limited, voided or found unenforceable with respect to a Dispute that does not seek public injunctive relief and that determination becomes final after all appeals have been exhausted, then this Arbitration Agreement (except for this sentence) shall be null and void with respect to such proceeding. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and (b) if a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Arbitration Agreement prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim and that determination becomes final after all appeals have been exhausted, the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated.
RIGHT TO OPT OUT: If you do not want this Arbitration Agreement to apply, you must send us a signed notice within 30 calendar days of the date on which you use the Dietz & Watson information services or enter into a transaction with us. You must send the notice in writing (and not electronically) to 5701 Tacony Street, Philadelphia, PA 19135, Attn: Legal Dept. - Arbitration Opt Out Notice. You must provide your name, address, telephone number, or account number, if applicable, and state that you “opt out” of the Arbitration Agreement. Opting out will not affect the other provisions of these Terms or any other agreement governing the Dietz & Watson information services or with us. If you do not opt out, you will be bound by this Arbitration Agreement in these of Use and any other agreement governing the Dietz & Watson information services or with us. Please note that if you enter an agreement with us that contains a different arbitration provision with a right to opt out, opting out of this Arbitration Agreement is not a rejection of the arbitration provision in the other agreement. You will need to separately opt out of the arbitration provision in the other agreement if you do not want it to apply.