JOEY KLEIN

WEBSITE TERMS OF USE

https://joeyklein.com/

Effective Date: October 8, 2026

 

These Website Terms of Use (these “Terms”) govern your access to and use of the website located at https://joeyklein.com/ (the “Site”), which is owned and operated by Joey Klein LLC (“Company,” “we,” “us,” or “our”). Please read these Terms carefully before using the Site. By accessing or using the Site, you (“user,” “you,” or “your”) agree to be bound by these Terms and our privacy policy (the “Privacy Policy”), which is incorporated herein by reference.

 

NOTICE OF ARBITRATION AND CLASS ACTION WAIVER

 

These Terms contain provisions that require binding individual arbitration to resolve disputes between you and Company, rather than court proceedings before a judge or jury. By agreeing to these Terms, you agree that all claims against Company will be resolved through binding, individual arbitration as set forth in Section 12 (“Governing Law and Dispute Resolution”), and you waive your right to bring or participate in any class, group, or representative action or proceeding.

Unless you opt out of arbitration in accordance with Section 12.10 (Opt-Out): (a) you will only be permitted to pursue claims against Company on an individual basis, not as part of any class or representative action or proceeding; and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

 

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you must immediately cease all use of the Site. These Terms constitute a legally binding agreement between you and Joey Klein. To the extent you create an account, make a purchase, or submit any information through the Site, you may be required to affirmatively accept these Terms through a click-through mechanism.

Your use of the Site is also subject to any additional terms, conditions, and policies that we may post on the Site from time to time, including but not limited to our Privacy Policy, provided that we will use reasonable efforts to notify you of such additional terms. All such additional terms are hereby incorporated by reference into these Terms.

2. Changes to Terms

Joey Klein reserves the right, in its sole discretion, to modify, amend, or update these Terms at any time. Joey Klein will use reasonable efforts to provide notice of material changes, such as by posting a prominent notice on the Site or sending an email to registered users. Except as provided under Section 12 (Governing Law and Dispute Resolution) any changes to these Terms will be effective immediately upon posting on the Site unless otherwise specified. The “Effective Date” (as set forth at the top of these Terms) indicates when the most recent revisions were made. Any inadvertent failure or delay in providing notice of a change shall not affect the validity or enforceability of the modified Terms, provided that Company has used reasonable efforts to provide notice as described herein.

Your continued use of the Site following the posting of revised Terms constitutes your acceptance of and agreement to such changes. You are responsible for reviewing these Terms periodically to stay informed of updates. If you do not agree to the modified Terms, you must discontinue your use of the Site immediately.

3. Access and Use of the Website

3.1 Eligibility

The Site is intended for use by individuals who are at least eighteen (18) years of age. By accessing or using the Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are accessing the Site on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3.2 Account Responsibilities

Certain features of the Site may require you to create an account or provide personal information. If you create an account, you agree to: (a) provide accurate, current, and complete information; (b) maintain and promptly update your account information; (c) maintain the security and confidentiality of your login credentials; (d) accept responsibility for all activities that occur under your account; and (e) immediately notify Joey Klein of any unauthorized use of your account.

3.3 Permitted Uses

Subject to your compliance with these Terms, Joey Klein grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your personal, non-commercial, informational purposes. This license does not include the right to: collect or harvest any information from the Site; reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site; or access the Site in order to build a competitive product or service.

3.4 Prohibited Uses

You agree not to use the Site in any manner that:

  • Violates any applicable federal, state, local, or international law or regulation;
  • Infringes upon or violates the intellectual property rights or any other rights of any third party;
  • Is fraudulent, misleading, deceptive, or constitutes a misrepresentation;
  • Involves the transmission of unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation;
  • Introduces viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • Attempts to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
  • Constitutes an attack on the Site via a denial-of-service attack or a distributed denial-of-service attack;
  • Otherwise attempts to interfere with the proper working of the Site.
  • Copy, reproduce, distribute, publish, display, perform, or create derivative works of any Content;
  • Modify, translate, adapt, merge, or make derivative works of the Content;
  • Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of any software forming part of the Site;
  • Remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Content;
  • Use the Content for any commercial purpose or for the benefit of any third party without the prior written consent of Joey Klein;
  • Use any robot, spider, scraper, or other automated means to access the Site or Content for any purpose;
  • Frame, mirror, or otherwise incorporate any part of the Site into any other website or service without prior written authorization;
  • Systematically download or store Content, or systematically extract data from the Site;
  • Use the Site or Content in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
  • Use the Site for any illegal or unauthorized purpose;
  • Attempt to probe, scan, or test the vulnerability of the Site or any related system or network, or breach any security or authentication measures;
  • Access or search the Site by any means other than through the publicly available interfaces provided by Joey Klein (e.g., no scraping, spidering, crawling, or other automated means);
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or otherwise put information in a header designed to mislead recipients as to the origin of any content;
  • Interfere with, or attempt to interfere with, the access of any user, host, or network, including without limitation overloading, flooding, spamming, or mail-bombing the Site;
  • Impersonate or attempt to impersonate Joey Klein, a Joey Klein employee, another user, or any other person or entity;
  • Collect or store personal data about other users without their express consent;
  • Use the Site to transmit, or procure the sending of, any material containing software viruses, worms, trojan horses, or any other computer code designed to interrupt, destroy, or limit the functionality of any software, hardware, or telecommunications equipment;
  • Encourage or enable any other individual to do any of the foregoing.
  • A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Joey Klein to locate the material on the Site;
  • Your contact information, including your address, telephone number, and email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

4. Intellectual Property Rights

4.1 Ownership

The Site and all of its contents, features, and functionality, including but not limited to all information, text, graphics, images, photographs, illustrations, designs, logos, trademarks, service marks, trade names, domain names, taglines, audio, video, software, source code, object code, data compilations, page layout, underlying code, and the design, selection, and arrangement thereof (collectively, the “Content”), are owned by Joey Klein, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2 Limited License

These Terms do not grant you any right, title, or interest in or to the Site or any Content. You are granted a limited, revocable, non-exclusive license to access and view the Content solely for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. No other license or right is granted to you by implication, estoppel, or otherwise.

4.3 Restrictions

Except as expressly permitted by these Terms, you shall not, and shall not permit any third party to:

4.4 Trademarks

The name “Joey Klein,” the Joey Klein logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Joey Klein or its affiliates or licensors. You may not use such marks without the prior written permission of Joey Klein. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

5. User Content

5.1 User Submissions

The Site may allow you to submit, post, upload, or otherwise make available content, including but not limited to text, photographs, images, comments, feedback, suggestions, ideas, or other materials (“User Content”). You retain ownership of your User Content; however, by submitting User Content to the Site, you grant Joey Klein a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media or distribution method now known or later developed, in connection with the Site, Joey Klein’s business operations, and for any other lawful purpose. To the fullest extent permitted by applicable law, you also waive any and all moral rights in your User Content in favor of Joey Klein.

5.2 Representations and Warranties

By submitting User Content, you represent and warrant that: (a) you own or otherwise control all rights to the User Content; (b) the User Content is accurate and not misleading; (c) the User Content does not violate these Terms or any applicable law; (d) the User Content does not infringe, misappropriate, or violate any third party’s intellectual property rights, rights of publicity, rights of privacy, or other personal or proprietary rights; and (e) the User Content does not contain any material that is defamatory, obscene, threatening, or otherwise objectionable.

5.3 Right to Remove

Joey Klein reserves the right, but has no obligation, to monitor, review, edit, or remove any User Content at its sole discretion, for any reason or no reason, including but not limited to User Content that Joey Klein believes violates these Terms, is objectionable, or may expose Joey Klein or its users to harm or liability.

6. Prohibited Conduct

In addition to the restrictions set forth elsewhere in these Terms, you agree that you will not:

7. Third-Party Links and Content

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by Joey Klein (“Third-Party Links”). Joey Klein provides these links only as a convenience and is not responsible for the content, products, or services on or available from those third-party websites or resources.

You acknowledge and agree that Joey Klein shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such third-party websites or resources. Your interactions with any third-party website are solely between you and that third party, and you access such websites at your own risk.

The inclusion of any link on the Site does not imply endorsement, approval, or affiliation by Joey Klein of the linked website or any association with its operators.

8. DMCA / Copyright Infringement Claims

8.1 Notification of Claimed Infringement

Joey Klein respects the intellectual property rights of others and expects users of the Site to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512, Joey Klein will respond expeditiously to claims of copyright infringement committed using the Site if such claims are reported to Joey Klein’s designated copyright agent (the “Designated Copyright Agent”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Site, please notify our Designated Copyright Agent with a written communication containing the following information:

8.2 Designated Copyright Agent

All DMCA notices should be sent to Joey Klein’s Designated Copyright Agent at:

Caitlyn Klein

7631 Shaffer Pkwy, Unit A, Littleton CO 80127

caitlynklein@innermatrixsystems.com

720-845-6752

 

8.3 Counter-Notification

If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with our Designated Copyright Agent. Such counter-notification must include: (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (d) your name, address, and telephone number, along with a statement that you consent to the jurisdiction of the federal court for the judicial district in which your address is located (or, if you are outside the United States, any judicial district in which Joey Klein may be found), and that you will accept service of process from the person who provided the original notification of infringement.

9. Disclaimers

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, JOEY KLEIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALL CONTENT PROVIDED ON THE SITE IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED AS, AND SHALL NOT BE UNDERSTOOD OR CONSTRUED AS, PROFESSIONAL MEDICAL, PSYCHOLOGICAL, COACHING, PERSONAL DEVELOPMENT, FINANCIAL, LEGAL, OR OTHER LICENSED OR REGULATED PROFESSIONAL ADVICE, NOR AS A SUBSTITUTE FOR THERAPY, COUNSELING, OR OTHER MENTAL HEALTH SERVICES. YOU SHOULD CONSULT WITH AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

JOEY KLEIN DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CONTENT ON THE SITE IS ACCURATE, RELIABLE, OR COMPLETE. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SITE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING BUT NOT LIMITED TO YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SITE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, Joey Klein’s liability is limited to the greatest extent permitted by law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JOEY KLEIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (C) ANY CONTENT OBTAINED FROM THE SITE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT JOEY KLEIN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF JOEY KLEIN FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100.00); OR (B) THE AMOUNT YOU PAID TO JOEY KLEIN, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATION SHALL NOT APPLY TO LIABILITY ARISING FROM JOEY KLEIN’S FRAUD OR WILLFUL MISCONDUCT.

The limitations of this section shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise, and whether or not Joey Klein has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

11. Indemnification

You agree to defend, indemnify, and hold harmless Joey Klein and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees) arising from or related to: (a) your use of and access to the Site; (b) your violation of any provision of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property right, publicity right, confidentiality right, property right, or privacy right; (d) any User Content you submit, post, or otherwise make available through the Site; or (e) any claim that your User Content caused damage to a third party. You shall not settle any claim subject to indemnification hereunder without the prior written consent of Joey Klein. You shall select defense counsel reasonably satisfactory to Joey Klein. Joey Klein will provide you with prompt written notice of any such claim, provided that the failure to provide prompt notice shall not relieve you of your indemnification obligations except to the extent you are materially prejudiced thereby.

This indemnification obligation will survive the termination of these Terms and your use of the Site. Joey Klein reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Joey Klein’s defense of such claim.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms and any disputes arising out of or related to these Terms or the Site shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles.

12.2 Informal Dispute Resolution

Before initiating arbitration, you and Company agree to first attempt to resolve any dispute informally. A party who has a dispute must send to the other party a written notice (a “Notice of Dispute”) that: (i) includes the party’s name, address, and contact information; (ii) describes the nature and basis of the dispute; and (iii) sets forth the specific relief sought. Any Notice of Dispute you send to Company must be sent to admin@innermatrixsystems.com (attn: Legal). Company will send any Notice of Dispute to you at the contact information associated with your account. The parties agree to use reasonable good-faith efforts to resolve any dispute through negotiation within sixty (60) days after the Notice of Dispute is received (the “Negotiation Period”). If the dispute is not resolved within the Negotiation Period, either party may then initiate arbitration in accordance with the rest of this Section 12 (Governing Law and Dispute Resolution). No arbitration may be commenced until the Negotiation Period has expired. Compliance with this subsection is a condition precedent to initiating arbitration. If you file an arbitration in violation of this subsection, you agree that the arbitration may be administratively dismissed without prejudice. The statute of limitations and any filing fee deadline shall be tolled while the parties engage in the informal dispute resolution process required by this subsection. Notwithstanding the foregoing, nothing in this subsection shall preclude either party from seeking emergency equitable relief (including temporary restraining orders, preliminary injunctions, or specific performance) from a court of competent jurisdiction to prevent irreparable harm pending completion of the Negotiation Period or the resolution of any arbitration.

12.3 Agreement to Arbitrate

YOU AND COMPANY BOTH AGREE THAT ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITE WILL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION THROUGH THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN COURT. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED AND INCLUDES ANY DISPUTE, CLAIM, OR CONTROVERSY BETWEEN YOU AND COMPANY REGARDING ANY ASPECT OF YOUR RELATIONSHIP WITH US OR ANY CONDUCT OR FAILURE TO ACT ON OUR PART, INCLUDING CLAIMS BASED ON BREACH OF CONTRACT, TORT (FOR EXAMPLE, A NEGLIGENCE CLAIM), VIOLATION OF LAW, OR ANY OTHER LEGAL THEORY, AND INCLUDING THOSE BASED ON EVENTS THAT OCCURRED PRIOR TO THE DATE OF THESE TERMS, SUBJECT TO THE EXCEPTIONS SET FORTH BELOW.

12.4 Exceptions

Notwithstanding the foregoing: (i) any claim regarding the validity, protection, or enforcement of a party’s intellectual property rights (such as patent, copyright, trademark, trade secret, or moral rights, but not including privacy or publicity rights) must be brought in a court with jurisdiction; (ii) in the event this agreement to arbitrate is for any reason held to be unenforceable, any dispute or claim against Company may be commenced only in a federal or state court located in Denver, Colorado, and both parties consent to the jurisdiction of and venue in those courts for such purposes, and both parties also consent to the jurisdiction of and venue in those courts for purposes of any claim regarding the validity, protection, or enforcement of a party’s intellectual property rights (excluding privacy or publicity rights); you agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts; (iii) either party may elect to bring an individual claim in a small claims court of competent jurisdiction, provided that (A) the claim qualifies for small claims court under that court’s jurisdictional rules, (B) the claim is brought and maintained solely on an individual basis and not as part of any class, consolidated, or representative proceeding, and (C) if the claim is initially filed in small claims court and subsequently transferred, removed, or appealed to a court of general jurisdiction, it shall then be subject to the arbitration provisions of this Section 12; Company retains the right to remove any small claims court action to arbitration if the claim does not qualify for small claims court or if you seek relief beyond the jurisdictional limits of that court; (iv) all challenges to the interpretation or enforceability of any provision of these Terms, including questions of arbitrability, shall be brought before the arbitrator, and the arbitrator shall rule on all questions regarding the interpretation and enforceability of these Terms; and (v) Company may bring an action in any court of competent jurisdiction to collect any amounts owed by you to Company under these Terms, including without limitation chargebacks or other sums due; this exception applies solely to collection actions initiated by Company for undisputed or liquidated amounts. This agreement to arbitrate is governed by the Federal Arbitration Act, including its procedural provisions, in all respects.

12.5 Prohibition on Class Action and Non-Individualized Relief

ANY ARBITRATION WILL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF, AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). If the prohibition on class, consolidated, representative, or private attorney general actions set forth in this subsection is found by a court or arbitrator to be unenforceable with respect to any claim or dispute, then this entire Section 12 (other than the Jury Trial and Class Action Waiver in Court subsection below) shall be null and void as to that claim or dispute, and such claim or dispute shall be resolved in a court of competent jurisdiction rather than in arbitration. The parties agree that under no circumstances shall any arbitration proceed on a class, consolidated, representative, or private attorney general basis.

12.6 Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) and will be governed by the AAA’s Consumer Arbitration Rules (“Consumer Rules”), as modified by these Terms. The applicable rules may be accessed at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, and must enforce the same limitations stated in these Terms as a court would. The arbitrator will issue an award decision in writing but will not provide an explanation for the award unless you or Company requests one. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any arbitration will be confidential; neither you, Company, the AAA, nor the arbitrator may disclose the content (including any oral or written submissions) or results of any arbitration, except as may be required by applicable law, for purposes of enforcing or challenging the arbitration award, or as otherwise permitted by mutual written agreement of the parties. The existence of a pending arbitration may be disclosed to the extent necessary to comply with legal obligations or to pursue related claims. All challenges to the interpretation or enforceability of any provision of these Terms, including questions of arbitrability, shall be brought before the arbitrator, and the arbitrator shall rule on all questions regarding the interpretation and enforceability of these Terms.

12.7 Hearing Procedures

  • Document-Only Arbitration. If no disclosed claim or counterclaim exceeds Twenty-Five Thousand U.S. Dollars (US$25,000), the arbitration shall be conducted solely on the basis of documents submitted to the arbitrator, unless either party requests a telephonic, video, or in-person hearing, or the arbitrator determines that a hearing is necessary.
  • Hearing Location. If an in-person hearing is required, such hearing shall be held in Denver, Colorado, unless the parties mutually agree to an alternative location or the arbitrator determines, based on the circumstances and applicable AAA rules, that a different location is appropriate. Either party, or any witness, may participate in any hearing remotely by videoconference or similar means, regardless of where the hearing is held.
  • Arbitrator’s Written Decision. The arbitrator shall render a written decision within thirty (30) days after the conclusion of the arbitration hearing (or, in the case of a document-only arbitration, within thirty (30) days after the final submission of documents). The written decision shall include findings of fact and conclusions of law upon which the award is based, if requested by either party.

12.8 Demand for Arbitration

Prior to filing any Demand for Arbitration, the Claimant must complete the informal dispute resolution process set forth above. A Demand filed before the expiration of the Negotiation Period is premature and may be dismissed without prejudice. Subject to the foregoing, a party who intends to arbitrate (the “Claimant”) must first send to the other party (the “Respondent”) a written notice entitled “Demand for Arbitration” (the “Demand”). The Demand must: (i) briefly explain the dispute; (ii) provide the Claimant’s name and address, the address of the Claimant’s representative (if the Claimant has one), and the Respondent’s name and address (for Company, see below); (iii) specify the amount of money in dispute, if applicable; (iv) if the Claimant is requesting an in-person hearing, identify the requested location for the hearing; and (v) include a statement of what the Claimant wants. The Claimant must send one copy of the Demand to the AAA at the same time the Claimant sends it to the Respondent. When sending a copy of the Demand to the AAA, the Claimant must also include a copy of this arbitration agreement and any amendments to it and the then-current filing fee required by the AAA. The Demand must be sent to the AAA at: American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. Alternatively, the Demand may be filed with the AAA online using AAA WebFile at https://www.adr.org. Any Demand to Company should be addressed to: admin@innermatrixsystems.com (attn: Legal).

12.9 Filing, Administration, and Arbitrator Fees

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Section 12. Each party will bear its own fees in connection with the arbitration, including the expense of its own counsel, experts, witnesses, and the preparation and presentation of evidence at any arbitration hearing. In addition, the provisions of Federal Rule of Civil Procedure 68 (cost-shifting) shall apply and be enforced by the arbitrator following entry of an award. You and Company agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration, and therefore either party may elect to engage with the AAA regarding arbitration fees, and the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

12.10 OPT-OUT PROCEDURE

IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISIONS IN THIS SECTION 12, YOU MUST NOTIFY COMPANY IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU ACCEPT THESE TERMS FOR THE FIRST TIME. YOU MAY OPT OUT BY EMAILING A WRITTEN NOTICE TO COMPANY AT ADMIN@INNERMATRIXSYSTEMS.COM (ATTN: LEGAL). YOUR WRITTEN NOTIFICATION TO COMPANY MUST INCLUDE YOUR NAME, MAILING ADDRESS, E-MAIL ADDRESS, AND PHONE NUMBER, AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH COMPANY THROUGH ARBITRATION. IF YOU OPT OUT OF THE ARBITRATION PROVISIONS IN THIS SECTION 12, ALL OTHER PROVISIONS OF THESE TERMS WILL CONTINUE TO APPLY.

12.11 JURY TRIAL AND CLASS ACTION WAIVER IN COURT

IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND COMPANY EACH UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL. THIS MEANS THAT ANY SUCH CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY. FURTHER, WITH RESPECT TO ANY CLAIM THAT PROCEEDS IN COURT, YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.

12.12 Amendment to Arbitration Provisions

Notwithstanding any provision in these Terms to the contrary, you and Company agree that if Company makes any amendment to the arbitration provisions in this Section 12 in the future (other than an amendment to any notice address or website link provided herein), that amendment shall not apply to any claim that was filed in a legal proceeding against Company prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims that have arisen or may arise between you and Company. Company will notify you of amendments to the arbitration provisions of this Section 12 by posting the amended terms on the Site and/or by providing notice to you by email, at least thirty (30) days before the effective date of the amendments. If you do not agree to the amended terms, you should stop accessing and using the Site, and you will not be bound by the amended terms.

 

12.13 Batch Arbitration

If twenty-five (25) or more claimants (including you) submit Notices of Dispute or Demands for Arbitration raising similar claims and are represented by the same or coordinated counsel, these claims may be resolved in batches of up to fifty (50) claimants each (each, a “Batch”), unless you and Company agree otherwise or applicable AAA rules specify otherwise. The AAA will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing (if any) per Batch. All parties agree that claims are “similar” if they arise out of or relate to the same event or factual scenario or raise the same or similar legal issues and seek the same or similar relief. Any disagreement over the formation of Batches shall be decided by a procedural arbitrator appointed by the AAA. This Batch Arbitration provision shall survive termination of the Terms or your access to or use of the Site. In the event of any conflict between this subsection and the AAA’s rules, this subsection controls to the maximum extent permitted by law.

12.14 Survival of Arbitration Provisions

This Section 12, including all subsections, shall survive the expiration, termination, or rescission of these Terms, the termination of any account you have with us, and the cessation of your access to or use of the Site. Any dispute arising out of or relating to events that occurred while these Terms were in effect shall be subject to this Section 12 regardless of when the dispute arises.

13. Termination

Joey Klein may, in its sole discretion and without prior notice or liability, terminate or suspend your access to all or any part of the Site, for any reason or no reason, including without limitation if you breach any provision of these Terms. All provisions of these Terms that by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

Upon termination, your right to use the Site will immediately cease, and you must promptly destroy or delete all copies of any Content or materials obtained from the Site. If you wish to terminate your account (if applicable), you may simply discontinue using the Site. Joey Klein shall not be liable to you or any third party for any termination of your access to the Site.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect, and the invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the intent of the parties as reflected in the original provision.

15. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or policies published by Joey Klein on the Site, constitute the entire agreement between you and Joey Klein with respect to your use of the Site and supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and Joey Klein with respect to the Site, except for any separately executed written agreement between you and Joey Klein. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

16. Contact Information

If you have any questions, concerns, or comments about these Terms, please contact us at:

Joey Klein LLC7631 Shaffer Pkwy, Unit A, Littleton CO 80127

Email: admin@innermatrixsystems.com

Phone: 720-446-5533

Website: joeyklein.com

 

17. Privacy

Your privacy is important to Joey Klein. Our collection and use of personal information in connection with the Site is governed by our Privacy Policy, which is available at https://joeyklein.com/privacy and is incorporated into these Terms by reference. By using the Site, you acknowledge the collection and use of information as described in the Privacy Policy. We encourage you to review the Privacy Policy carefully before using the Site.

 

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BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.

 

 

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