Accolades Group, LLC, a Washington limited liability company (“Accolades,” “we,” “us” or “our”), may provide users with information and services that can be accessed from or through this website (collectively, “Services”). Please carefully read these Terms of Service before using any Services. By accessing or using any Services, including this website, you accept and agree to be bound by these Terms of Service (“Terms of Service”) and all applicable laws, rules, and regulations associated with your use of Services. If you do not agree to the Terms of Service, you are not authorized to use this website or any Services.

Your use of certain materials and features of this website and/or Services may be subject to additional terms and conditions which are incorporated herein by reference and become part of the Terms of Service. By using those materials and features, you also agree to be bound by such additional terms and conditions. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms of Service.

This website is controlled and operated by Accolades from its offices within the United States. Accolades makes no representation that information or materials available on this website are appropriate or available for use in other locations, and access to this website from territories where its contents are illegal is prohibited. Those who choose to access this website from other locations do so at their own initiative and are responsible for compliance with applicable local laws.

​

ARBITRATION AGREEMENT AND WAIVER OF RIGHT TO BRING COLLECTIVE ACTION.

You and Accolades agree to final and binding arbitration of all Claims (as defined in the Arbitration Agreement) before the American Arbitration Association pursuant to the written Arbitration Agreement set forth at the end of these Terms of Service (the “Arbitration Agreement”). PLEASE READ THE ARBITRATION AGREEMENT CAREFULLY. IT AFFECTS YOUR RIGHTS, AND THOSE TO WHOM YOU PROVIDE ACCESS TO YOUR ACCOUNT. THE AGREEMENT TO ARBITRATE ALL CLAIMS IS A CONDITION OF YOUR USE OF THIS WEBSITE AND/OR ANY OF THE SERVICES REFERENCED HEREIN.

​

User Conduct

Accolades authorizes you to access and use the Services, including the information on this website, solely for your personal, non-commercial use provided that you are at least 18 years of age. The information and materials displayed on this website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without our express prior written consent. Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with this website, and any reproduction or circumvention of the navigational structure or presentation of this website or its content, is strictly prohibited. You agree not to use the Services, including this website, for any unlawful purpose.

In order to access certain features of this website you may be required to register. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Accolades in writing of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session. Accolades is not liable for any loss or damage arising from your failure to comply with this section. You agree not to modify the Services or use modified versions of the Services (except if modified by us), including for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services.

All right, title and interest in and to this website and any other websites maintained by or for Accolades (the “Site”) and all of its content, including, but not limited to, its software or HTML code and other computer code contained therein, trademarks, copyrights, text, articles, graphics, user interfaces, visual interfaces, scripts, artwork, photographs, images, designs, video, audio and written materials and other materials that appear as part of the Site (collectively, “Content”) are owned by Accolades, its subsidiaries or affiliates, and/or their licensors. All Content is protected by national and international intellectual property laws, including, but not limited to, rights relating to or in the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar intellectual property rights recognized under applicable laws, international conventions or international treaties in any country or jurisdiction in the world.

Accolades will have the right to claim ownership at any time of its proprietary Content published on the Site and to oppose any use of its proprietary Content that is not expressly permitted by Accolades.

Third-Party Content: The Site may contain content created by third parties, information obtained from public sources and/or links to external web sites or web pages operated by third parties (the “Third Party Content”). You acknowledge and agree that Accolades does not have any control over such Third-Party Content and will not be responsible or liable for the accuracy, security, legality, or reliability of any Third-Party Content. Access to any Third-Party Content is at your own risk, and Accolades will have no liability to you for any loss or damage that you may suffer (including, but not limited to, any loss or damage to your computer equipment) arising out of or related to your access or use of, or reliance on, any Third-Party Content or caused by or in connection with any purchase of products or services available on or through any such Third Party Content.

Accolades Trademarks and Logos: All trademarks, trade names, service marks, logos, brand names and product names included on the Site are the exclusive properties of Accolades, its subsidiaries, or affiliates, or used with the permission of their respective owners (“Trademarks”). You may not use the Trademarks in any manner whatsoever, without the express prior written consent of Accolades.

​

Your Use of the Services

Non-Permitted Uses. You are permitted to use the Services and the Content for your private, personal, and non-commercial use only and always in compliance with these Terms of Use. You may not and may not permit, assist, or allow any third party to:

(i) copy, reproduce, publish, transmit, distribute, perform, upload, post, publicly display, encode, translate, modify, alter or create derivative works from, sell, license or otherwise distribute the Services or any Content, including, but not limited to, mirroring, framing or linking to any other computer, server or website;

(ii) access or use the Services or any Content for any commercial purposes, including any advertising or advertising revenue generation activity on your own website;

(iii) use any deep-link, page-scrape, robot, spider or any other automatic or manual processes, to access, acquire, copy or monitor the Services or any Content or any portion thereof, or in any way reproduce the structure or presentation of the Services or any Content, or circumvent any copy-protection devices, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services;

(iv) access or attempt to access any portion or feature of the Services you are not allowed to access without authorization, or any other systems or networks connected to the Services or any Accolades server, by hacking, password mining or any other illegitimate means. You may not use anyone else’s password or Account (as defined below) at any time without the express permission and consent of the holder of that password or Account;

(v) (1) probe, scan or test the vulnerability of the Services or any network connected to the Services, nor breach any security or authentication measures on the Services; (2) reverse look-up, trace or seek to trace any information on any other user of, or visitor to, the Services; (3) exploit the Services or any service or information made available or offered by or through the Services; or (4) use the Services or the Content for any unlawful purposes or for any purposes not allowed by these Terms of Use or for soliciting the performance of any illegal activity or for any other activity which infringes the rights of Accolades or others; or​

(vi) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services, or any systems or networks connected to the Services. You agree not to use any device, software or routine to interfere, or attempt to interfere with the proper working of the Services or with any other person’s use of the Services.

​

Your Communications

You acknowledge that telephone calls to or from Accolades and any of our third-party partners may be monitored and recorded and you agree to such monitoring and recording.

You verify that any contact information provided to us, including, but not limited to, your name, mailing address, email address, your residential telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your account registration is false or inaccurate, we may suspend or terminate your account at any time. Should any of your contact information change, including ownership of your telephone number(s), you agree to immediately notify us.

You agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys’ fees), including, but not limited to, claims under the Federal Telephone Consumer Protection Act or its state law equivalent, and including claims arising from your voluntary provision of contact information (including a telephone number) that is not your own, your failure to notify us of any changes to your contact information, including telephone number, and/or from your violation of any federal, state or local law, regulation or ordinance. We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.

You acknowledge that by voluntarily providing your telephone number(s) to us, you expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages related to your account, any transaction, and/or your relationship with us. This does not mean that all calls or text messages to you will be sent through automated means. You also agree to be contacted at email and mailing addresses provided by you. Consent to receive automated marketing calls/texts is not a condition of any transaction. Calls or text messages may be sent by us even if your telephone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for calls or text messages by your telephone carrier and that Accolades is not responsible for these charges.

Your consent to receive automated calls and texts is completely voluntary. You may opt-out of automated calls or text messages at any time. To opt-out of text messages, reply STOP to any text message you receive or follow other opt-out instructions included with the text message. You acknowledge and agree that you may receive a text message confirming your opt-out. We may use different shortcodes or phone numbers for different purposes to better serve you. Texting STOP to one shortcode or phone number does not effectuate a stop request for all shortcodes or phone numbers to which you are subscribed. If you would like to stop messages from multiple shortcodes or phone numbers, text STOP to each shortcode or each phone number to which you would like to unsubscribe.

To opt-out of automated telephone calls from us (but not text messages), email [email protected]. It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages. Please allow up to 30 days to process any opt-out request. Please note that if you opt out of automated calls, we reserve our right to make non-automated calls to you relating to your account, any transaction, or our relationship with you. Your obligations under this Section shall survive termination of these Terms of Service.

You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets.

You agree not to submit any content or communication that is illegal or serves an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive or unlawfully negligent, nor will any content or communications that you submit be otherwise harmful or inappropriate.

​

Any portion of the Site where members may participate, either by posting or reading content, is for the use of members only. The information and opinions presented within any bulletin forums are subject to change without notice. While Accolades seeks to maintain the functionality of all pages of the Site at all times, we cannot guarantee that the bulletin forums will be accessible or in proper working order at all times. Users are encouraged to immediately contact [email protected] if any difficulties are encountered while using the Site.

Any feedback, articles, content, publications, comments, suggestions, ideas or other similar information, including profiles, messages, boards or forums (collectively, “Communications”), that you submit to the Site are not confidential or proprietary. Accolades reserves the right to use such Communications on an unrestricted basis. You hereby grant Accolades and its affiliates an irrevocable, non-exclusive, sublicensable (through multiple tiers), worldwide, perpetual, fully paid-up and royalty-free right to use and generally exploit any such Communications and any ideas, concepts, know how or techniques contained in such Communications that You send through the Site, insofar as it does not violate any other part of these Terms of Use or the Privacy Policy. You also warrant that the holder of any rights, including moral rights in such Communications, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any subscriber to generally use such content for personal use. Subject to the foregoing, the owner of such Communications placed on the Site retains any and all rights that may exist in such Communications.

​

Disclaimers

All information provided in connection with the Services is for informational purposes only. We also may provide you with access to links to third-party sites. Information you may receive from third parties is provided directly to you by those third parties and is not provided by Accolades and Accolades assumes no responsibility for the accuracy of any such information.

Accolades does not guarantee the accuracy of information provided on this website or otherwise through the Services, and Accolades assumes no responsibility for the foregoing. You agree that any reliance on the information on this website or otherwise on the Services is at your own risk. We do invite you to bring to our attention any material on our website that you believe to be inaccurate; please forward a copy of such material and your reasons for your belief to [email protected]. If you have medical, legal or financial questions, you should consult a professional. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website or any other Services.

​

Indemnification

You will indemnify, defend and hold harmless Accolades and its subsidiaries, affiliates, partners, officers, directors, employees and agents (collectively, “Accolades Entities”) from all claims, whether actual or alleged (collectively, “Indemnified Claims”), that arise out of or in connection with a breach of these Terms of Service, use of the Services, including any content you submit, post, transmit, modify or otherwise make available through the Services, and/or any violation of law and/or the rights of any third party. You are solely responsible for defending any Indemnified Claim against an Accolades Entity, subject to such Accolades Entity’s right to participate with counsel of its own choosing, at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all Indemnified Claims against an Accolades Entity, provided that you will not agree to any settlement that imposes any obligation or liability on an Accolades Entity without its prior express written consent.

​

DISCLAIMER OF WARRANTIES

THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES, THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT OR SERVICE LINKED TO OR FROM THIS WEBSITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS AND NON-INFRINGEMENT. IN ADDITION, ACCOLADES DOES NOT WARRANT AGAINST DEFECTS IN ANY PRODUCT, AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF ANY PRODUCT OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ACCOLADES OR THROUGH OR LINKED FROM THE SERVICES SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED.

​

LIMITATION OF LIABILITY; WAIVER

IN NO EVENT SHALL ACCOLADES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, INFORMATION, AND/OR CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, ANY INFORMATION AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION AND CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE AND/OR THIS WEBSITE IS TO STOP USING THE SERVICE AND/OR WEBSITE.

YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST ACCOLADES ARISING OUT OF YOUR USE OF OR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT ON THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION).

​

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

​

Right to Deny Services

We reserve the right to deny use of, or access to, the Services to you and/or anyone for any or no reason. We also reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Accolades will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).

​

Refunds & Payment Collection

We allow returns for refunds for the digital products sold directly by Accolades from this website if a refund is requested within 14 days or less of purchase. Accolades is not responsible for purchases of products, services or books from third party websites and cannot offer refunds on those purchases.

​

General Terms

These Terms of Service may be amended from time to time without notice in our sole discretion. Any changes to the Terms of Service will be effective immediately upon the posting of the revised Terms of Service on this website. The Terms of Service, including any agreements and terms incorporated by reference herein, constitute the entire agreement between you and Accolades and govern your use of the Services, including this website, and supersede any prior version of these Terms of Service between you and Accolades with respect to the Services. You agree that no agency relationship is created between you and Accolades as a result of these Terms of Service or your access to and/or use of the Services. Our failure to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that, except as otherwise expressly provided in these Terms of Service, there are no third-party beneficiaries to these Terms of Service. The headings in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the word “including” is a term of enlargement meaning “including without limitation” and does not denote exclusivity, and the words “will,” “shall,” and “must” are deemed to be equivalent and denote a mandatory obligation or prohibition, as applicable. All definitions apply both to their singular and plural forms, as the context may require. Except as provided in the Arbitration Agreement, the relationship between you and Accolades is governed by the laws of the State of Washington without regard to its conflict/choice of law provisions, and each of the parties consents solely to the exclusive jurisdiction of the state and federal courts located in King County, Washington for the resolution of any disputes arising from or relating to these Terms of Service or the relationship between you and Accolades.

If you require any more information or have any questions about our Terms & Conditions of website use, please feel free to contact us by email at [email protected].

​

Accolades Group, LLC Arbitration Agreement

Please read this agreement carefully—it affects your rights.

By your access to or use of the Accolades websites (collectively, the “Website”) and/or any service offered through them or referenced in the Terms of Service, You (defined below) and Accolades (defined below) agree to the terms and conditions of this Arbitration Agreement (this “Arbitration Agreement” or this “Agreement”).

To expedite resolution of disputes and control related costs, You and Accolades agree that any past, present or future legal or equitable Claims (defined below) will be resolved as follows:

1. Informal Resolution.
    
   1. We will first try to resolve any Claim informally. Accordingly, neither You nor Accolades may start a formal proceeding for at least 60 days after one of us notifies the other of a Claim in writing, consistent with the Notice and Demand Procedure below.
       
   2. If You intend to file a demand for arbitration pursuant to this Arbitration Agreement, in order to give Accolades an opportunity to informally resolve your Claim, You must first send to Accolades, by certified mail, a written Notice of Dispute (“Notice”). The Notice should be addressed to Accolades Arbitration, Attn: Legal Department, 2212 Queen Anne Avenue North, Suite 650, Seattle, WA 98109.
       
   3. Any statute of limitations will be tolled (extended) for the time period from the date of mailing of your Notice of Dispute and the date that Accolades responds to Your Notice of Dispute. If Accolades and You do not reach an agreement to resolve the Claim within 60 days after the Notice is received, or immediately upon Accolades’ denial of Your Claims, You or Accolades may commence an Arbitration proceeding by filing a Demand for Arbitration (“Demand”). During the Arbitration, the amount of any settlement offer made by Accolades or You shall not be disclosed to the Arbitrator until after the Arbitrator determines the amount, if any, to which Accolades or You is entitled.
       
2. Formal Resolution.
    
   1. If we cannot resolve a Claim informally, and if either of us wishes to pursue the dispute, then we will formally resolve any Claim that either of us asserts under the following agreed procedure and rules.
       
   2. Except as noted in Section 2.k, Accolades and You agree that any and all Claims (defined below) shall be submitted to final, binding and confidential Arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules (www.adr.org/commercial) and AAA Consumer Arbitration Rules (www.adr.org/consumer), as applicable to a particular dispute (“AAA Rules”). Our agreement to arbitrate is retroactive in effect and applies to all Claims regardless of whether they accrued before or after this Agreement went into effect.
       
   3. Our agreement to submit all Claims to arbitration includes all disputes or questions about arbitrability, all claims for temporary, injunctive or declaratory relief and all claims arising under any federal or state statute, rule or regulation. Arbitration means that You and Accolades waive your right to a jury trial. We both understand that arbitration is a dispute-resolution process that is different from filing a lawsuit in court and that by agreeing to submit all Claims to arbitration, we are each giving up our right to file a lawsuit and our right for a jury to decide our case. You can opt out of the arbitration by following the instructions in Section 3.
       
   4. If either party files an arbitration, You and Accolades agree that both parties will keep all aspects of the arbitration strictly confidential, except where disclosure is required by law (including regulatory reporting, or tax reporting, to any governmental agency or entity). Otherwise, we agree not to disclose to any other person facts about the arbitration proceedings, documents filed in the proceedings or awards and rulings in the proceedings. This provision will not preclude either party from moving to vacate or confirm an arbitral award in court, but both parties agree to use their respective best efforts to file an arbitral award or other order under seal in court proceedings.
       
   5. ACCOLADES AND YOU AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND IN THE NAME OF AN INDIVIDUAL PERSON OR ENTITY AND THAT CLAIMS MUST PROCEED ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS. THAT MEANS YOU AND ACCOLADES WAIVE THE RIGHT TO BRING A CLASS ACTION AND CANNOT ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR NON-REPRESENTATIVE MEMBER OF A CLASS. ACCOLADES AND YOU AGREE THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED IN THE SAME ARBITRATION UNLESS ARISING FROM THE SAME TRANSACTION. FURTHERMORE, ACCOLADES AND YOU AGREE THAT NEITHER YOU NOR ACCOLADES MAY PURSUE THE CLAIMS IN ARBITRATION AS A CLASS OR COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION. CLAIMS MAY NOT BE PURSUED IN ANY COURT OTHER THAN TO ENFORCE THE ARBITRATOR’S AWARD. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD RELIEF ONLY ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS. ACCORDINGLY, YOU AND ACCOLADES AGREE THAT THE AAA RULES FOR CLASS ACTIONS DO NOT APPLY TO OUR ARBITRATION.
       
   6. Accolades and You agree that Your access to or use of the Website and/or any service offered through it has an effect on interstate commerce. Therefore, Accolades and You agree that this Arbitration Agreement shall be construed and interpreted under the Federal Arbitration Act, 9 U.S.C. Section 1, et. seq.
       
   7. You acknowledge and agree that You voluntarily and knowingly entered into this Arbitration Agreement and chose to use the Accolades Website and/or the services offered through it rather than companies that offer similar services and who may not have an arbitration agreement.
       
   8. In the event this Agreement conflicts with the Accolades Terms of Service, the AAA rules or any other agreement, this Agreement shall control.
       
   9. You and Accolades agree that Claims submitted to Arbitration shall be decided in a single arbitration before a single Arbitrator who must be on the AAA National Roster of Commercial Arbitrators and selected in accordance with the AAA Rules. The Arbitrator must also be a retired state court or federal court judge. The arbitrator shall have the authority to award the same damages and all other relief that a court can award. The arbitrator’s decision is final and binding on all parties and may be enforced in a court of competent jurisdiction.
       
   10. The applicable AAA Rules shall apply to the arbitration of Claims except as expressly provided in this Agreement, including that:
        
       1. Small Claims Court Option. For Claims that do not exceed the jurisdictional limit of small claims court, Accolades or You may bring Claims in small claims court instead of arbitration. The rules of the small claims court shall apply.
           
       2. Claims seeking $75,000 or less. After Accolades receives the required Demand for Arbitration filed with the AAA, Accolades will reimburse You for Your payment of the filing fee. The Arbitration will take place in the county where You reside at the time of filing of a Demand for Arbitration. If the Notice procedure above was followed and: a) Accolades did not make a written offer to settle the dispute before an arbitrator was selected, and the Arbitrator awards You any relief on the merits; or b) after finding in Your favor in any respect on the merits of Your claim, the Arbitrator issues You an award that is greater than the value of Accolades’ last written settlement offer made before an arbitrator was selected, then Accolades will: i) pay You the amount of the Arbitrator’s award (“Payment”); and ii) pay Your attorney, if any, the amount of reasonable attorneys’ fees incurred by You, and reimburse any expenses (including expert witness fees and costs) that Your attorney reasonably accrued for investigating, preparing, and pursuing Your Claim in Arbitration (“Attorney Premium”).
           
       3. Claims seeking $15,000 or less. In addition to sub-paragraph “ii” above, You may choose whether the Arbitration proceeds in person, by telephone, or based only on written submissions.
           
       4. Claims seeking in excess of $500,000. Unless otherwise required by law, the AAA Rules for Large, Complex Commercial Disputes shall apply (www.adr.org/commercial). Payment of all fees will be governed by AAA Rules. The Arbitration will take place in the county where You reside at the time of filing of a Demand for Arbitration, unless otherwise agreed in writing by Accolades and You. The Federal Rules of Evidence shall apply unless otherwise agreed to in writing by Accolades and You.
           
   11. Arbitrator’s Authority. The Arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based (a reasoned decision). The Arbitrator has the authority to make rulings and resolve all disputes concerning Claims, and the rights of the Parties (if any) to the payment and reimbursement of arbitration and attorneys’ fees, costs, expenses, and the Payment and the Attorney Premium described above. The Arbitrator has the authority to award any form of individual relief that a court would have the authority to award, including equitable relief, and other relief available under applicable law. The Arbitrator is bound by the terms of this Agreement. All issues are for the Arbitrator to decide, including all issues of arbitrability such as the scope and enforceability of the Arbitration Agreement.
        
   12. Statute of Limitations. The Arbitrator shall apply a statute of limitations to all Claims as though such Claims were brought in a court of competent jurisdiction, subject to the tolling provision above.
        
   13. Arbitration Fees. Except as otherwise provided in this Agreement, Accolades will pay all AAA filing, administration, and arbitrator fees for any Arbitration initiated in accordance with the Notice Procedure above. Current filing fees are available at www.adr.org. If, however, the Arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, You agree to reimburse Accolades for all monies previously disbursed by it that are otherwise Your obligation to pay under the AAA Rules.
        
   14. Attorneys’ Fees and Costs. The right to attorneys’ fees and expenses provided under this Agreement is in addition to any right to attorneys’ fees You may have under applicable law. However, You may not recover duplicative awards of attorneys’ fees or costs.
        
3. Your Right to Opt-out of Arbitration Agreement.
    
   1. If you do not wish to be bound by this Arbitration Agreement, You must timely notify Accolades by sending an email to [email protected] and providing the following information in Your email: (1) Your name; (2) Your address; (3) Your phone number; and (4) a clear statement that You wish to opt out of this Arbitration Agreement. To be effective, the opt-out notice must be emailed no later than 30 days after the date You become bound by the Arbitration Agreement. Please note that You will continue to be bound by any prior arbitration agreement You did not opt-out of and any arbitration agreement that otherwise governs Your relationship with Accolades.
       
4. Severability.
    
   1. A court may sever any portion of Section 2 that it finds to be unenforceable, except for the prohibitions on class, representative and private attorney general arbitration.
       
      1. You and Accolades agree that any arbitration ruling allowing class action arbitration or allowing any claimant to seek relief for other persons in a representative capacity would be contrary to Your and Accolades’ intent and would require immediate judicial review of such ruling.
          
      2. If a court allows any litigation of a dispute to go forward notwithstanding this arbitration agreement (which demonstrates the parties’ intent to arbitrate all claims), Accolades and You agree to waive rights to a trial by jury with respect to that litigation, and the judge will be the finder of fact.
          
5. Survival.
    
   1. This Arbitration Agreement survives any termination of the Terms of Service, this Agreement, and Your relationship with Accolades.
       
6. Definitions.  Unless otherwise stated in this Agreement, any definitions used in the Terms of Service will apply herein. For purposes of this Agreement:
   
   “Accolades” means Accolades Group, LLC and its members, employees, agents and other representatives, and its subsidiaries, insurers, parent and affiliates, and each of their respective employees, agents and other representatives.
   
   “You” means you and all other users of your Accolades account.
   
   “Claims” means any and all disputes, claims and causes of action arising out of or relating in any way to Your dealings or relationship with Accolades including, but not limited to, Your access to or use of the Accolades Website and any service offered through it and advertising on the Website.