Please read all CollNect Terms of License & Use carefully before accessing or using the platform Software Service. By accessing or using the Service, you agree to be bound by the terms and conditions set forth below. Any use of, purchase through, this web site is expressly conditioned upon your acceptance of all terms and conditions stated herein and any others that may be available on www.CollNect.com. DO NOT USE THIS PLATFORM, PURCHASE COLLNECT CREDITS, OR OTHERWISE ACCESS COLLNECT’S SERVICES THROUGH THIS PLATFORM, if you do not accept all the terms and conditions stated on this website.

Subject to terms and conditions shown below, CollNect grants the subscriber a single non-exclusive month-to-month or subscription limited use license (The “License”), that may not be sub-licensed, transferred or assigned by the subscriber to access the platform Software-as-a-Service (“PaaS”) services of CollNect to manage texts to consenting established Customers, employees or persons so desiring Customer to reach them by text message. CollNect reserves the right to suspend, limit or cancel this license subject to the following terms and conditions of the License. CollNect reserves the right to modify the terms and conditions of this Limited License at any time.

Under access and use of your account and the CollNect Platform, you agree to be bound by all terms and conditions set out below. Any use or purchase of electronic credits through the platform are expressly conditioned on your compliance with this terms and conditions as established hereunder and occasionally updated from time-to-time by CollNect. DO NOT SIGN UP FOR THIS SERVICE, USE THE SERVICES, CREATE AN ACCOUNT OR PURCHASE ELECTRONIC CREDITS WITHIN THIS PLATFORM if you do not accept any of the below terms and conditions. These terms and conditions and any other offered unit are subject to The Electronic Signatures in Global and National Commerce Act (E-sign Act) from year 2000, as amended and constitute an agreement between CollNect and You, the Account User, and not for anyone else. By choosing “I accept” to these Terms and Conditions it means user consent to be bound. WHEN YOU ACTIVATE YOUR COLLNECT ACCOUNT OR USE ANY OF THE SERVICES, YOU REPRESENT THAT YOU HAVE THE LEGAL AGE TO ACCEPT THIS LICENSE AGREEMENT AND THAT YOU HAVE READ AND COMPLETELY UNDERSTAND THESE TERMS AND CONDITIONS FOR THIS LIMITED LICENSE AGREEMENT AND APPLICATION USE.

WARNING: It is a Federal AND State Offense to use communication services including text messages and software for any fraudulent means or purpose. All Services furnished or performed through this platform shall not be used for any unlawful purpose. CollNect shall comply with all lawful legal requests for information regarding its accounts and Customers in the event of Fraud.

COLLNECT LICENSE & CUSTOMER TERMS OF USE

These Terms of Purchase constitute an agreement ("Agreement") between CollNect Software, Inc. d/b/a CollNect ("CollNect," “we,” or “us”) and the purchaser (“Customer” or “you”) for residential and small business products offered by CollNect ("Service") and where an electronic or written Agreement does not exist for services purchased from CollNect and purchased by the Customer through this website.

BY PURCHASING SERVICES THROUGH THIS WEBSITE OR ACCOUNT PORTAL, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

By accessing this website or purchasing products therein, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, do not purchase services through this website or account portal. If you utilize the Services offered in a manner inconsistent with these terms and conditions, CollNect may unilaterally terminate access, block your future access and/or seek such additional relief as the circumstances of your misuse indicate is proper.

THE FOLLOWING TERMS ARE APPLICABLE TO ALL COLLNECT LICENSED SERVICES OFFERED OR RENDERED BY THIS PLATFORM USING ITS PAAS SERVICE:

Governing Law, Jurisdiction & Venue. These Terms of Use shall be governed exclusively and construed in strict accordance with the laws of the State of Georgia. Customer, by virtue of purchase through this website, agrees to submit to exclusive jurisdiction and venue of the state and federal courts of Gwinnett County Georgia, and, expressly waive all defenses to jurisdiction without any consideration of conflict of law theories, case law or principles.

Electronic Contract for Service. All services, including licensed use of CollNect, are agreed by electronic format contract that exclusively govern their terms and requirements. CollNect shall make available your agreement in electronic format upon request. You may request access to these electronic records in either Adobe Acrobat or standard text formats. At all times, you retain the right to request and receive documents on paper upon request to CollNect via e-mail or fax.

Grant of Limited License of Use: Subject to these Terms and Conditions CollNect hereby grants to you, the Customer, and only the Customer (as named in your CollNect account), a non-assignable, non-transferrable, limited license and right to access and use the Virtual Platform of On-Demand Text Message management services as on a Platform-as-a-Service (PaaS) basis inclusive of its pre-developed, software, Software-as-a-Service (SaaS) functions and methodologies, and features, the rights to which the Customer agrees exclusively agrees vests in CollNect, that enable Customer to provision, operate and manage their respective text messages used in business from the CollNect virtual platform insofar as CollNect’s fees and all associated costs, charges and expenses derived from the Customer’s use of the PaaS Solution as well as all credits purchased for the carriage of transmission are prepaid, or the Customer maintains a positive prepaid balance with CollNect under these Terms and Conditions. This Service is intended only to provide text message management and remission for lawful purposes and only within the United States of America

Licensed Accounts: CollNect shall provide Customer with a dedicated Account, Account Profile, Login and password credentials to enable Customer to use the PaaS under the Limited License of Use. The account types shall vary based upon the volume and functionality of use the Customer desires. Charges of CollNect for expanded account volumes and use shall be established in pricing, which may be revised from time to time by CollNect at its sole discretion. CollNect reserves the right to expand or restrict functionality of its expanded accounts and their use of the PaaS for logistical, technical and compliance purposes. Collnect is not a telecommunications carrier or IP Enabled Provider that transmits text messages or SMS messages. CollNect has existing carrier(s) connected to its network that undertake the transmission of on-demand messaging as a part of the service. The expense these carriers charge is charged to the Customer by means of the prepaid electronic credits of CollNect that are purchased. CollNect reserves the sole right to increase or decrease the amount electronic credits charged for message transmission to reflect then-current rates or charges of the carriers/providers connected to its platform who render the service. Please check pricing before using this feature of the PaaS to ensure sufficient credit balances for desired transmission.

Limited License of Use Restrictions: Customer shall not, nor shall it permit or assist others, (a) to modify or fraudulently use the CollNect PaaS platform or Software; (b) to access and de-engineer CollNect’s software or Proprietary Materials that enable PaaS Services for any purpose other than those expressly authorized, (c) to process or permit to be processed the data of any third party that is not expressly authorized herein to access; or (iv) violate any of the following agreed conditions of Use:

  • 1.   Customer’s Compliance with Commercial Text Message Laws & Rules. As a material condition of these Terms of Use of CollNect’s PaaS Service, Customer agrees that for any use of the system to contact the telephone numbers of subscriber in the United States, the state and federal laws apply (including the laws of the State of Florida) and govern telemarketing/telephone solicitation conducted by SMS or other forms of text message may apply to any use of the CollNect PaaS platform or Service(s). In doing so, Customer agrees that the Federal Telephone Consumer Protection Act of 1991 specifically 47 USC§ 227(c)(5)(C) and 16 CFR§ 310.4(b)(3) and 47 U.S.C. § 227(b)(1)(A) (“TCPA”) in conjunction with FCC CG Docket No. 02-278 Report and Order (Feb. 15, 2012) are material compliance obligations of the Customer that must be observed prior to and when using the CollNect PaaS (“TCPA Laws”). Customer further recognizes that the CollNect PaaS system may be considered an ADTS in some jurisdictions of the U.S. For purposes of clarity, the Federal Communications Commission (“FCC”) revised its Rules in 2012 in relation to telemarketing and the use of Auto Dialers (Robo-Calls) to residential and mobile telephones under Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, CG Docket No. 02-278 Report and Order, February 15, 2012. Important compliance obligations of the Customer under this restriction of Use, at a minimal, include recognition that:

    • a)  The FTC, State and FCC Rules now require prior express written consent of the party being texted and this must be obtained before lawfully sending a marketing, sales or promotional text message. Customer agrees and warrants it will comply with this obligation in any Use of the CollNect PaaS.

    • b)  All messages in the PaaS will include the message to “Cancel” or “Stop” to allow a called or contacted party to revoke consent, or otherwise opt-out, and Customer agrees and warrants that it shall not remove this message from any marketing, sales or promotional message it sends through the PaaS.

  • 2.   Customer recognizes that pursuant to 47 USC § 227(c)(5)(C) and 16 CFR § 310.4(b)(3), it. shall not undertaker or cause to be made unwanted telephone solicitations to consumers or consumer telephone numbers for the sale of their services (Do-Not-Call laws or ”DNC laws”)

  • 3.   Customer agrees to abide by these laws and regulations and shall maintain practices and policies to avoid violations of TCPA or DNC laws as a material condition of its use of the PaaS.

Suspension of Access and Use: CollNect retains the exclusive right to suspend or reactive this Limited License of Use at any time under these Term and Conditions, and for any reason or cause vested to CollNect under their discretion. Customer agrees that suspension of access and use does not terminate or cancel amounts owed Collect nor entitle Customer to refund of electronic Credits prepaid or otherwise give cause to relieve Customer of its obligations herein

Electronic Credits for SMS messages. Transmission credits, or CollNect Credits, can be purchased through your platform account for remission of Customer’s text messages. These credits are for on-demand message transmission purposes only and have no redeemable cash value once purchased. Customer acknowledges and agrees that such credits are for specific purpose and service only and that once prepaid can only be used by the Customer for the intended purpose and use on the platform. No cash refunds are given without cause. The underlying services of transmitting text messages is furnished by telecommunications carriers and IP Enabled Communication providers who in like fashion charge CollNect for the Services and offer no refunds. Should an issue arise in transmission, please alert our Customer Service team to either restore the credit balance for the service defect or outage and document the problem for reporting to the underlying carrier or provider. Electronic credits are a closed-loop value system used only for purposes and purchase of text message transmission through carriers and providers.

Cancellation of License Termination of Use. This Limited License and access to the platform and associated software may be cancelled in one of two manners:

  • 1.  By Customer. You, the Customer, may cancel this Limited License of Use at any time upon written notice and coordination with our Customer Service Team available at 1-800-XXX-XXXX or e-mail it direct at support@CollNect.com. Verbal and written confirmation of you, as either an individual or officer or manager of a company, may be required by CollNect to complete the cancellation process. You may be asked for feedback, and/or other similar questions. at the time of cancellation to improve our Services. You may be also asked about any material issues in your use of the system at the time of cancellation. These are conditions necessary for cancellation to which you agree as a part of granting this License.

  • 2.  By CollNect. CollNect may immediately cancel this Limited License, at its sole discretion, for any misuse, abuse, misrepresentations, unlawful activity or breach of the Terms and Conditions of its Limited License by the Customer. CollNect may cancel or suspend your account for any fraudulent activity, violations of TCPA Laws and Rules, or DNC Laws. Statements, representations, and confirmation of Customer’s compliance with laws (either written or by electronic signature) are material to the grant of this License. CollNect may also cancel this License for any account inactivity, either by lack prepayment balance replenishment or use, which extends eleven (11) months beyond last use of Service to either send text messages or otherwise use the Service for its intended purposes. A notice of inactivity may be sent to Customer by CollNect to alert it of the inactivity and that within a thirty-day period Customer’s account will be canceled and closed. Upon notice, if Customer desires to continue to use its Limited License, it must contact CollNect at 1-800-XXX-XXXX or e-mail it direct at support@CollNect.com to cure inactive status and continue using the Service under this License, otherwise account will be deemed cancelled and a new account must be established by the Customer.

  • 3.  Effect of Cancellation. Whether cancellation is by Customer or CollNect, the effect shall be that: (i) Customer’s user account and access shall be cancelled; (ii); All prepaid balances remaining shall be deemed property of CollNect; (iii) All templates and features customized by the Customer within the Platform shall be removed from the system; and (iv) All data, including all telephone numbers, verified telephone numbers, lists, returned messages or any other communications using and recorded in the platform will be removed from the system. If Customer desires copy of any data after the termination date and account closure, they must contact CollNect at 1-800-XXX-XXXX or e-mail it direct at support@CollNect.com. CollNect will determine if data is recoverable, or not, as requested by the Customer and may charge independently on a project basis for any data recovery service of a cancelled client. Such recovery work shall be on a prepaid basis only. CollNect reserves the sole right to retain any Customer record for any applicable period of statute of limitation purposes and to produce such records upon lawful legal request or otherwise as required by law or law enforcement.

No Refunds Without Cause. CollNect will not offer any refunds or reimbursements for purchases without cause. Should Customers experience problems with their products or units purchased they must first contact our Customer service line at 1-800-XXX-XXXX or e-mail it direct at support@CollNect.com to determine the nature of problem or whether a refund is applicable. CollNect exclusively reserves the right to determine whether a demand for refund is with or without cause.

Billing and Payment of Charges. All Services for Use of the platform are prepaid by the Customer. The Customer is responsible for paying from prepaid balances all charges posted to its account or in an individual purchase, monthly reoccurring fees for licensed use, and applicable taxes or other charges related to the particular transaction, Services or other purchases through the platform. Prevailing pricing within the account or on our website shall be applicable to charges against prepaid balances. Charges, including disputed amounts, must be paid or debited by the due date shown on any invoice or within the user’s account. If CollNect accepts late or partial payments or payments, it will not waive any of CollNect’s rights hereunder to full amounts owed nor will it constitute an accord or satisfaction for any disputed or partially prepaid amount. CollNect’s records (electronic or otherwise) are agreed as final stated accounting for Services and Use under this License and deemed to be deemed final by the Customer.

Credit Card Charges. No Credit Cards payments will be accepted by CollNect from Credit Card Issuers that are not regulated Credit Card Issuers in the United States of America – U.S. Credit Cards only. If Customer pays by credit card, it thereby authorizes CollNect to charge the credit card account number for CollNect for the particular transaction selected and confirmed on our website. CollNect may terminate your account at any time, in CollNect’s sole discretion, for declined credit cards or any other non-payment of account charges with the understanding, however, that Customer remains fully liable to CollNect for all charges accrued from products sold and all charges incurred by CollNect due to said declines. Notice of any applicable billing discrepancy on the part of the consumer, giving rise to a consumer charge-back by the credit card provider through REG-Z, must be first given to CollNect by the Customer prior to any initiation of a charge back in order to have reasonable time investigate the nature of the Customer’s claim, billing and the charge.

Taxes. Any applicable sales, or other taxes, fees or charges imposed on CollNect as a result of sale of Services shall incorporate the Sales Tax for the State of Georgia, or the Customer’s billing address state’s sales tax, when applicable, and will be added to Customer's account or invoice when imposed or required by law. CollNect’s Services as deemed as PaaS or Infrastructure as a Service within a virtual environment for purposes of this License.

Use by Customers outside the United States. CollNect does not presently offer or support the Service in any countries other than the United States. If you use the PaaS from outside of the United States to contact parties , you will be solely responsible for any violations of local laws and regulations resulting from such use, and CollNect has the right to terminate your account and PaaS services. Again, we reserve this right to terminate your Service immediately if we determine, in our sole and absolute discretion, that you have used the Service from outside of the United States to contact persons within the United States.

Export Control Laws. The export and re-export of Materials of this website and/or platform are controlled by the export laws and regulations of the United States, as they may be amended from time to time. Accordingly, you certify that you are aware of and will comply with all applicable export rules and regulations, including the responsibility to obtain a license for the export or re-export of the “Materials” to any destination requiring such a license. In addition, the Materials may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, the Taliban-controlled regions of Afghanistan or to any other country to which the United States prohibits the export of goods, technology or services to nationals of those countries, wherever located. Moreover, Materials may be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals maintained by the U.S. government. By transacting through this website, you are certifying that you are not a national of one of the above-listed countries or of any other country to which the United States embargoes goods, services or technology and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

Account Number and Password Security. You are solely responsible for maintaining the confidentiality and security of your account number and/or password used to purchase Services through this website, your account and the PaaS platform. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. Any unauthorized access of the Customer’s account that is the result of the Customer’s negligent handling of any account number or password is expressly the liability of the Customer. The Customer expressly waives all legal defenses and relief against CollNect for any collectable debt that arises from the unauthorized access of their services, by and through their account, which is a result of their own mishandling, negligence, or intentional disclosure of their account or password.

No Warranties on Service or Software. CollNect DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE, THE PLATFORM OR ITS FUNCTION. OR ANY TEMPLATE OR PRESET FUNCTION OF SOFTWARE. COLLNECT SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION OR USE OF THE PAAS. COLLNECT DOES NOT WARRANT THAT THE SOFTWARE OR PLATFORM WILL BE ERROR-FREE OR WILL OPERATE WITHOUT FAILURE OR INTERRUPTION NOR THAT ANY DEFECTS IN THE SOFTWARE OR ITS FUNCTION WILL BE CORRECTED UNDER ANY WARRANTY.

Expressed Limitation of Liability. IN NO EVENT WILL COLLNECT BE LIABLE TO THE CUSTOMER FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS INTERRUPTION, OR LOSS OF PROPERTY, DATA AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES AND MATERIALS SOLD THROUGH THIS WEBSITE OR THE PLATFORM, EVEN IF COLLNECT OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES AND/OR MATERIALS SOLD THROUGH THIS WEBSITE OR THE PLATFORM. THIS INCLUDES ANY PRESET TEMPLATES OR FUNCTIONS PROVIDED BY COLLNECT AS COURTESY TO CUSTOMER.

Indemnification. The Customer agrees to indemnify, defend and hold CollNect, its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any beneficial owners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from Customer’s use of the PaaS, including, without limitation any violation of TCPA Laws and Rules, DNC Laws, or any obligation or agreement of these Terms and Conditions by Customer. The provisions of this paragraph are for the benefit of CollNect and its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and beneficial owners regarding the Services sold through the platform. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against Customer on its own behalf. In the event of litigation due to violation of TCPA Laws and Rules or DNC Laws or similar statutory violations, the Customer will hold CollNect harmless from any final or stipulated judgment of damages and attorney fees, and either defend CollNect at its own cost or reimbursed CollNect’s cost of defense on a monthly basis. Customer agrees that CollNect may use injunctive relief to enforce this clause and agrees no bond shall be required, CollNect’s attorney’s fees and costs shall be recovered as a part of the injunction and that it consents to a Bench Trial for purposes of this clause.

No Warranties on Public Web Site. HYPERLINKS OR OTHER WEB PAGES ACCESSIBLE FROM THE HOME PAGE WEBSITE OF COLLNECT MAY ENABLE YOU TO LEAVE COLLNECT’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF COLLNECT AND COLLNECT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. COLLNECT IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY COLLNECT ON ITS PUBLIC WEBSITE. COLLNECT AND ITS AFFILIATES DO NOT CONTROL OR ENDORSE THE CONTENT OF THIRD-PARTY WEBSITES. ALL SERVICES AND MATERIALS PROVIDED ON THE COLLNECT SITE ARE PROVIDED "AS IS". COLLNECT DOES NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE PUBLIC WEBSITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE AND ARE URGED TO IMPLEMENT SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY DATA LOSS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE INTERNET.

Trademarks. All corporate names, service marks, logos, trade names, trademarks, websites and domain names of CollNect (collectively "Marks") are and shall remain the exclusive property of CollNect and nothing in this agreement shall grant Customer or any Third party the license to use such Marks. All service marks and trademarks of manufactures are and shall remain exclusively their own, and their appearance on this website shall not be construed in any way to grant or vest the Customer or any visitor, a license or right to copy or use such marks from this website. Such marks are used only to offer and sell the Products of the manufactures.

Copyright. All Content and Materials found at this website, or within the Platform Account, are protected under U.S. Copyright, or, by and through other intellectual property laws. Any commercial use of the Services Software, and Materials found on the Website or CollNect platform account is strictly prohibited, without the express, prior, written consent of CollNect. Any reproduction or redistribution of the Services and/or Materials not in accordance with the terms set forth herein is expressly prohibited by law and may result in severe civil and criminal penalties.

No Waiver. The failure of Collnect at any time to require performance by you of any provision of these Terms and Conditions shall not affect in any way the full right to require the performance at any subsequent time. Collnect, in its single discretion, may modify these Terms and conditions.

Severability. These terms and conditions are binding on you and Collnect as well as for your representatives and heirs and those of Collnect, respectively. If a court determines that any part or provision of these Terms and Conditions is null or unenforceable under applicable law, that part or provision shall be null and void only with the scope such nullity or unenforceability, without affecting in any way the remaining parts or provisions of these Terms and Conditions, which shall continue in full force and effect, and the you and CollNect shall substitute for the invalid provisions a valid provision which most closely approximates the intent and economic effect of the invalid provision.

Customer Dispute Resolution. This section provides a resolution of disputes through arbitration rather than court proceedings, judgments or class actions. The arbitration shall be final and obligatory. If you have any conflict related to your service, please first contact the customer service number listed on the CollNect public website or within your account. You agree that any conflict arising out of or relating to these terms (regardless of whether the dispute is based on contracts, wrongdoing, laws, frauds, false statements or any other legal or equitable theory) shall be submitted to the Arbitration Association of the United States ("AAA") for final and binding arbitration. The arbitration shall be conducted in accordance with the AAA Arbitration Rules for Commercial Arbitration Rules for the Settlement of Consumer Disputes ("AAA Rules"), as such rules are in effect of the date of commencement of the arbitration and as they are modified by the then-pertinent Limited License and its Terms and Conditions. The arbitration should be determinate by single arbitrator selected form the AAA neutral panel. For more information on AAA, visit the website at www.adr.org . The arbitration shall be based only on written submissions of the involved parts and documents submitted to the arbitrator, unless the involved parts agree or the arbitrator orders otherwise. Additional charges may apply for these procedures. The award may be confirmed and enforced in any competent court of jurisdiction. Currently, the AAA Rules provide reduced court fees for consumers. Unless otherwise provided in the AAA Rules or in the arbitration award, all other administrative fees and expenses, including expenses and fees of the arbitrator, shall be shared equally between you and Collnect. Each party shall accept the expense incurred in the preparation and presentation of its own cause. All in-person arbitration procedures shall be conducted in Lewes, Delaware or at the location selected by AAA, unless otherwise agreed by the parties. The law governing the interpretation of these terms and conditions shall be the laws of the State of Georgia. Venue shall be Gwinnett County, Georgia. Each dispute will be submitted to arbitration individually and will not be consolidated in any action with the disputes or claims of other consumers. No dispute or claim may be brought as a class action or as a private general attorney and you shall not have the right to act as a class representative or to participate as a member of a class of claimants regarding any dispute or claim linked to the service. Any dispute or claim arising out of these terms or relating to these terms shall be brought within one year after the date on which the basis for the dispute or claim arises or within the period set forth by law. Mediation through AAA is mandatory, for any customer claim, before any other formal arbitration presented by any of the involved parts. CollNect reserves the exclusive and sole right to litigate any claim due to nonpayment or chargeback of a credit or debit card in an appropriate jurisdiction court and the user accepts the personal jurisdiction of this court for such claims or causes.