Effective March 27, 2018
PLEASE NOTE THAT THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS TO SUE UNDER THIS AGREEMENT.
We collect information from and about you.
The information we learn from customers helps us personalize and continually improve your Plus Delta 314 experience. Here are the types of information we gather.
Information You Submit to Plus Delta 314 We receive and store any information you enter on our Web site or give us in any other way. Types of information that you may submit, and we may collect include:
- Contact Information. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our stores, and communicating with you. For example, we collect your name and email address if you register on our site. We might collect your phone number or zip code. We might also collect your mailing address.
- Payment Information. For example, we may collect your credit card number for payments. All credit card information is stored in our payment service providers databases, such as Stripe.com and pay pal. We do not store credit card information on any of our sites.
- Information You Submit or Post. We collect the information you post in a public space on our site. We also collect information when you contact us.
- Demographic Information. We may collect information like your gender and age. We may also collect your zip code. We might collect this when you contact us or enter a promotion, sweepstakes or contest, or when you make a purchase from PlusDelta314.com.
Automatically Collected Information. We receive and store certain types of information whenever you interact with us. For example, like many websites, we use "cookies," and we obtain certain types of information when your Web browser accesses PlusDelta314.com or advertisements. We may collect information about the browser you're using. We might look at what site you came from, or what site you visit when you leave us. We may also look at clickstream data. We may combine this information with other information we collect from you. This includes anything we collect from third parties. If you use our mobile website, we may collect your GPS location and your unique device identifier.
We collect information in different ways.
We collect information directly from you. For example, if you sign up for our emails or when you use our website, including Plus Delta 314, we collect information. We also collect information if you contact us. We collect information about you through our websites and retail points of contact.
We collect information from you passively. On our platforms, which include our sites, we collect information passively. We might also collect information passively in our emails or through our apps. We may also collect information passively in connection with third parties. For example, to get purchase information from Affiliates, we may gather information passively on their platforms. Tools we use include browser cookies and web beacons.
What are "cookies"?
Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features, such as Plus Delta 314, personalized advertisements on other Web sites, and storage of items in your Shopping Cart between visits.
Notwithstanding any other provision, we may also engage a data provider who may collect web log data from you (including IP address and information about your browser or operating system), or place or recognize a unique cookie on your browser to enable you to receive customized ads or content. These cookies contain no personally identifiable information. The cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us, e.g., your email address, that we may share with a data provider solely in hashed, non-human readable form.
We use information as disclosed and described here.
Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below.
We use information to respond to your requests or questions. For example, we might use your information to respond to your customer feedback.
We use information to improve our products and services. We may use your information to make our Sites better. We might use your information to customize your experience with us or understand your preferences. We may combine information we get from you with information about you we get from third parties.
We Engage in Interest-Based Advertising.
PlusDelta314.com and our partners display interest-based advertising using information gathered about you over time across multiple websites or other platforms.
Interest-based advertising includes ads served to you after you leave our website, encouraging you to return. They also include ads we think are relevant based on your shopping habits or online activities. For example, providing you with promotional materials we think you would like based on your shopping activity. These ads might be served on websites or on apps. They might also be served in emails. We might serve these ads, or third parties may serve ads. They might be about our products or other companies’ products.
To decide what is relevant to you, we use information you make available to us when you interact with us, our affiliates, and other third parties. For example, we or our partners might look at your purchases or browsing behaviors. We might look at these activities on our platforms or the platforms of others.
We work with third parties who might help gather this information or with whom we might share your information. These third parties might link your name or email address to other information they collect. That might include past purchases made offline or online. Or, it might include online usage information.
The Self-Regulatory Program for Online Behavioral Advertising program provides consumers with the ability to opt-out of having their online behavior recorded and used for advertising purposes.
We Use Various Tracking Technologies.
We–or third parties we work with–use several common data collection technologies including cookies, pixel tags, and similar technologies. We collect personal information about users over time and across different Web sites when you use this Web site or service. We also have third parties that collect personal information this way. We do this for many reasons, including the following:
- To engage in interest-based advertising as discussed above.
- To understand the activities and behaviors of customers and platform users.
- To recognize new visitors to our websites.
- To recognize past customers.
- To present more personalized content and offers, to improve your website experience, optimize your shopping experience, and provide site and service enhancements. For example, to avoid repeatedly showing you the same advertisements.
- To serve customized advertising (whether on our website or others you visit).
- So we can better understand our audience, our customers, our website visitors, and their respective interests. For example, to understand what ads are of interest to consumers.
We work with third parties who provide us with certain web search services. We use information for security purposes. We may use information to protect our company, our customers, and our websites.
We use information for marketing purposes. For example, when you register with our sites we might send you information about special offers. We might tell you about new products or services. These might be third party offers or products we think you might find interesting. If you register with us, we'll enroll you to receive our emails. We may send this information by email or text. We may also send through push notifications in apps or notifications by regular mail. We also use information to customize offers you receive. This includes using your shopping history on Affiliates or other third-party platforms.
We utilize Third-Party service providers, and use your information to perform those functions. We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
We use information to communicate with you about your account or our relationship. We may contact you about your account or feedback. We might also contact you about this Policy or our website Terms.
We use information as otherwise permitted by law.
We may share information with third parties. We will share information within Plus Delta 314 family of companies.
We will share information with third parties who perform services on our behalf. For example, we share information with vendors who send emails for us. We may also share information with companies that operate our websites or run a promotion.
We will share information with our business partners. This includes sharing for marketing or advertising or for purposes of running joint promotions. For example, we will share information with our Affiliates to process orders or understand preferences. Or we might share information that third parties can use to serve you with ads they think you will like. This could include sharing with our partners what ads you look at. Third parties may use information for their own marketing or advertising purposes.
We may share information for other reasons we may describe to you.
You have certain choices about sharing and marketing practices.
You can choose not to provide us with information. You can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of such PlusDelta314.com features.
You can opt out of receiving our marketing emails. To stop receiving our promotional emails, you may opt-out by one of the following methods:
- Selecting the "Unsubscribe" link in any promotional email
- Emailing us at email@example.com
Even if you opt out of getting marketing messages, we will still send you transactional messages. These include responses to your questions. If you receive promotional emails from a third party, you will need to separately opt-out with them.
You can control cookies and tracking tools. Your browser may give you the ability to control cookies. How you do so depends on the type of cookie. Certain browsers can be set to reject browser cookies. To control flash cookies, which we may use on certain websites from time to time, you can go here. Why? Because flash cookies cannot be controlled through your browser settings.
If you block cookies on your browser, certain features on our sites may not work. If you block or delete cookies, not all of the tracking activities we have described here will stop. Choices you make are both browser and device-specific. You can control tools on your mobile devices. For example, you can turn off the GPS locator or push notifications on your phone. You can also control these settings in our apps.
Your California privacy rights.
If you reside in California, you have the right to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes. To make a request, please send us at firstname.lastname@example.org or write to us at the address listed below. Indicate in your email or letter that you are a California resident making a "Shine the Light" inquiry.
Our Sites and children.
Our sites are meant for people at least 18 years old. We do not knowingly collect personally identifiable information from children under 13 without permission from a parent or guardian. If you are a parent or legal guardian and think your child under 13 has given us information, you can email us at email@example.com You can also write to us at the address listed at the end of this policy. Please mark your inquiries "COPPA Information Request." Parents, you can learn more about how to protect children's privacy on-line here
We store information in the United States.
Information we maintain is stored within the United States. If you live outside of the United States, you understand and agree that we may transfer your information to the United States. This site is subject to U.S. laws, which may not afford the same level of protection as those in your country.
We use standard security measures.
We use reasonable measures to protect the information you share with us. This includes physical measures. It also includes technical and administrative measures. We use firewall encryption where appropriate. We may also use Secure Socket Layer encryption. Please remember that no data security measures are 100% secure all of the time.
We keep personal information as long as it is necessary or relevant for the practices described in this Policy. We also keep information as otherwise required by law.
Our Site and Do Not Track Signals
Some browsers transmit Do Not Track (DNT) signals to websites. Due to the lack of a common interpretation of DNT signals throughout the industry, we do not currently alter, change, or respond to DNT requests or signals from these browsers. We will continue to monitor industry activity in this area and reassess our DNT practices as necessary.
You can update your information.
To update your information, email us at firstname.lastname@example.org
We may link to other sites or have third party services on our site we do not control.
Feel free to contact us if you have more questions.
Plus Delta 314
5322 Mirasol Manor Way
Eureka, MO 63025
Claims shall be heard by a single arbitrator. The place of arbitration shall be St. Louis, Missouri. The arbitration shall be governed by the laws of the State of Missouri without giving effect to any choice of law or conflict of law rules of the State of Missouri or of any other jurisdiction. Depositions shall be limited to a maximum of three per party and shall be held within twenty days of the making of a request. Additional depositions may be scheduled only with the permission of the arbitrators, and for good cause shown. Each deposition shall be limited to a maximum of seven hours duration. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within ninety (90) days of filing and awards rendered within one hundred twenty (120) days. The Arbitrator shall agree to these limits prior to accepting appointment. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The prevailing party shall not be entitled to an award of attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
User Generated Content Policy
User Generated Content Policy
Thank you for sharing your #HappyChanging, #positivechange, or #PlusDelta post! Here is a brief summary of our User Generated Content Policy for quick reference. However, before responding to our request to use your content, please make sure to read the complete policy below and understand that you are agreeing to all of the terms and conditions outlined in the policy.
By submitting your photos, comments and any other information to Plus Delta 314 via hashtag, social media posting, email, website upload, text message or any other means, and by responding to Plus Delta 314’s request to use your content with #PlusDelta314, you acknowledge that:
• You are giving Plus Delta 314 worldwide license to use the Content on Plus Delta 314's websites, e-mails, advertisements, social media channels, in-store and in any and all other media, including for promotional purposes, without compensation.
• You are giving Plus Delta 314 a license to use your name and image and other biographic material in conjunction with the Content.
• You own the rights to your submission and have obtained rights from any third parties.
• The Content is appropriate for a family audience and is in no way inappropriate, harmful, threatening, abusive or defamatory.
• You are releasing Plus Delta 314 from any liability and you promise not to sue Plus Delta 314 for its use of the Content as described in this policy.
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on or to PlusDelta314.com or any other website, microsite, or any other internet property owned, operated or sponsored by Plus Delta 314 (collectively, "Plus Delta 314 Web Properties"), you are entirely responsible for such User Content. Such User Content constitutes a Submission as defined below. This means that you, and not Plus Delta 314 or its affiliates (collectively, "Plus Delta 314"), are entirely responsible for all User Content that you post to any Plus Delta 314 Web Properties. All users of Plus Delta 314 Web Properties agree that their access to and use of any Plus Delta 314 Web Properties are subject to this User Generated Content Policy and all applicable laws, and that any such access or use is undertaken at the user's own risk. The terms of this User Generated Content Policy are subject to change at any time without prior notice. Any such changes will be reflected on the User Generated Content Policy page of the PlusDelta314.com website.
PLEASE READ THIS POLICY CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. WHEN YOU SEND THE HASHTAG #HappyChanging, #PlusDelta314, or #PositiveChange TO PLUS DELTA 314, YOU AGREE TO BE BOUND BY THE TERMS OF THIS USER GENERATED CONTENT POLICY.
PLEASE NOTE THAT THIS POLICY CONTAINS A BINDING INDIVIDUAL ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS TO SUE UNDER THIS POLICY.
Any inquiries, feedback, suggestions, ideas or other information or User Content you provide us, including submitting your name, social media handle, any accompanying text, and an image or images from your Twitter™, Instagram™ or other social media site account(s), using hashtag #PlusDelta, #PlusDelta314, #HappyChanging, #PositiveChange or #PD3 (each a “Submission” and collectively, "Submissions") will be treated as non-proprietary and non-confidential. For good and valuable consideration, the receipt and sufficiency of which hereby is acknowledged, by uploading, posting, e-mailing or otherwise submitting Submissions to any of the Plus Delta 314 Web Properties, you grant, and you represent and warrant that you have the right to grant, to Plus Delta 314 an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to make, use, sublicense, copy, distribute, modify, perform, and to prepare derivative works or otherwise exploit the Submissions, or any portion thereof, in any manner (including without limitation promotional and advertising purposes) in any and all media now known or hereafter devised, and to grant and authorize sublicenses of the foregoing without any compensation to you or to any third party.
You also acknowledge that your Submissions will not be returned and Plus Delta 314 may use your Submissions, and any ideas, concepts or know-how contained therein, without payment of money or any other form of consideration, for any purpose including advertising, promotional, marketing, publicity, trade or commercial purposes, without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. By making a Submission, you hereby warrant that your Submission is your original creation, has not been copied, recreated, reproduced, previously published, derived from or otherwise taken in whole or in part from any other work and the Submission does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws or regulations. You also warrant and represent that each person in the Submission has given their written permission and consent to be included in the Submission and displayed publicly on Plus Delta 314 Web Properties and other Plus Delta 314 social media sites and marketing materials and advertising and that you shall furnish such permission and consents promptly to Plus Delta 314 upon request. You agree to indemnify Plus Delta 314 and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission. You further agree to indemnify and hold Plus Delta 314, its officers, directors, and employees (collectively, the "Releasees") harmless from any and all claims by any third party against any of the Releasees (and related damages, expenses, costs, including reasonable attorney’s fees, liabilities, verdicts, judgments and settlements) arising out of use of a Submission or any breach of your representations herein, including but not limited to claims of infringement or violation of trademark, copyright, or other intellectual property rights, rights of publicity, or rights of privacy. Upon transmittal of Submission you hereby release Plus Delta 314 and Releasees from, and irrevocably waive, any and all claims that our use of your photo with or without your name, including but not limited to use on Plus Delta 314 Web Properties, infringes or violates my rights in your Submission or any work or material contained in your Submission.
Instagram™, Twitter™, and other similar social media forums are registered trademarks of their respective companies and not affiliated with Plus Delta 314, or PlusDelta314.com. Any Submission via these or other similar social media sites are subject to all rules and regulations of such sites. If you choose to submit your photo via mobile phone, standard data rates may apply.
You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Plus Delta 314 Web Properties, User Content that: is, or which encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; you do not have a right to make available under any law or under contractual or fiduciary relationships; is known by you to be false, inaccurate or misleading; you were compensated for or granted any consideration by any third party; contains restricted or hidden content; or infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary rights of any party.
While Plus Delta 314 allows users to post User Content, including images and comments, to Plus Delta 314 Web Properties, you should be aware that User Content may not be reviewed by Plus Delta 314 before posting and does not necessarily reflect the views of Plus Delta 314
All User Content must be appropriate for a family audience. Any User Content may be removed by Plus Delta 314 from the Plus Delta 314 Web Properties at any time and for any reason.
When you submit, post, or otherwise transmit User Content to any Plus Delta 314 Web Properties you alone are responsible for ensuring you have the rights to post that User Content, including, but not limited to, any copyright rights to images or music, and the right to publish the images of the people or items included in the User Content.
You acknowledge and agree that any User Content posted to any Plus Delta 314 Web Properties may be used by Plus Delta 314 for commercial purposes and may be copied or exported from any of the Plus Delta 314 Web Properties and published elsewhere on the internet, including on any social media sites, or otherwise so please exercise discretion in deciding what to post on any of the Plus Delta 314 Web Properties.
You acknowledge and agree that Plus Delta 314 has no control over User Content once it leaves Plus Delta 314 Web Properties, and it is possible that others may duplicate material found on Plus Delta 314 Web Properties, including, but not limited to, on other sites on the Internet, including on any social media sites, so please exercise discretion in deciding what to post on any of the Plus Delta 314 Web Properties.
You further agree not to post any content or mechanism that attempts to gain access to restricted areas of any of Plus Delta 314 Web Properties, collect or solicit passwords or personal information from other users, or engage in commercial activities via any of Plus Delta 314 Web Properties.
In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally or unintentionally violate any applicable local, state, national or international law; or collect or store personally identifiable data about other users.
Plus Delta 314 does not endorse or control the User Content transmitted or posted on the Plus Delta 314 Web Properties and therefore, Plus Delta 314 does not guarantee the accuracy, integrity or quality of User Content. You understand that by using this, or any other of the Plus Delta 314 Web Properties, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Plus Delta 314 be liable in any way for any User Content, including, without limitation, any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Plus Delta 314 Web Properties.
You acknowledge that Plus Delta 314 has the right - though not the obligation - in our sole discretion to refuse to post or remove any User Content and it reserves the right to change, condense, edit, modify, transmit, display, or delete any User Content and you waive any rights you have in having the material altered or changed in a manner not agreeable to you. Without limiting the generality of the foregoing or any other provision of the Terms and Conditions Plus Delta 314 has the right to remove any User Content that violates this User Generated Content Policy or is otherwise objectionable and, solely as to the posting of content, it reserves the right to terminate access to submit User Content to Plus Delta 314 Web Properties without prior notice for any user who violates this User Generated Content Policy or infringes the rights of others. Please note that any such termination will not affect your ability to make purchases, returns, or otherwise interact with the services Plus Delta 314 provides.
Plus Delta 314 may, at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe upon the copyright rights of others.
If you believe that your work has been copied and is accessible on a Plus Delta 314 Web Property in a way that constitutes copyright infringement, you may notify Plus Delta 314 by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512) by email to Tabetha@PlusDelta314.com or by mail to Plus Delta 314 Attn: Legal, 5322 Mirasol Manor Way Eureka, MO 63025 Inquiries not compliant with the procedure outlined may not receive a response.
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.• A description of the copyrighted work claimed to have been infringed, or if multiple copyrights works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Plus Delta 314 to locate the material.
• Information reasonably sufficient to permit Plus Delta 314 to contact the complaining party, such as an address, telephone number, and an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has 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; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Plus Delta 314 may, in appropriate circumstances, delete or block an account holder or subscriber to a Plus Delta 314 website if he or she is a repeat infringer. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact Plus Delta 314's DMCA agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
While Plus Delta 314 strives to make Plus Delta 314 Web Properties safe and positive places, they remain public forums, and other users may attempt to obtain personal information about you in order to harass or injure you. By using the Plus Delta 314 Web Properties you acknowledge and agree that Plus Delta 314 is not responsible for others' misuse of information publicly disclosed here. Please carefully select the type of information that you post or share, and report any abuses to us.
Except where prohibited, by making a Submission of User Content to a Plus Delta 314 Web Property, you agree that: (1) any and all questions, controversies, claims and causes of action arising out of or connected with the construction, validity, interpretation, and enforceability of this User Generated Content Policy shall be resolved exclusively by means of arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, in St. Louis, Missouri, and shall be resolved individually, without resort to any form of class action or representative action, and you agree that you shall not seek to aggregate any claims with other individuals; (2) PLUS DELTA 314’S LIABILITY ARISING IN CONNECTION WITH THIS USER GENERATED CONTENT POLICY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF $1.00 AND SHALL BE FURTHER LIMITED TO ACTUAL DAMAGES EQUAL TO OR LESS THAN SUCH AMOUNTS, RESPECTIVELY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PLUS DELTA 314 SHALL NOT BE LIABLE FOR, AND YOU WAIVE ALL RIGHTS TO CLAIM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR ATTORNEYS FEES ARISING OUT OF THIS USER GENERATED CONTENT POLICY, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED (EVEN IF YOU OR ANY OF YOUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND TO RECOVER OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, NOR SHALL AN ENTRANT BE ENTITLED TO RESCIND THIS AGREEMENT NOR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Claims shall be heard by a single arbitrator. The place of arbitration shall be St. Louis, Missouri. The arbitration shall be governed by the laws of the State of Missouri without giving effect to any choice of law or conflict of law rules of the State of Missouri or of any other jurisdiction. Depositions shall be limited to a maximum of three per party and shall be held within twenty days of the making of a request. Additional depositions may be scheduled only with the permission of the arbitrators, and for good cause shown. Each deposition shall be limited to a maximum of seven hours duration. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within ninety (90) days of filing and awards rendered within one hundred twenty (120) days. The arbitrator shall agree to these limits prior to accepting appointment. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The prevailing party shall not be entitled to an award of attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
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