Terms of Use
These Website Terms of Use (the “Terms of Use” or “Terms”) govern your access to and use of the websites operated by LodgeWorks Partners, L.P., its subsidiaries and affiliates(“ Archer”) (the “Site”), including when you make a hotel reservation, use our services, or purchase products or services on the Site (the “Services”). As used in the Terms, “we”, “us”, and “our” refer to Archer.
We make the Site and Services we offer on it available to you subject to these Terms of Use. By using the Site, you are accepting these Terms of Use and any modifications we make to them from time to time. You can review the most current version of the Terms of Use at any time by clicking on the Terms of Use link on the Site.
Read these Terms of Use carefully and completely. The Terms of Use describe Archer’s rights with respect to the Site and your obligations with respect to your use of the Site. Do not use the Site if you do not want to accept these Terms of Use.
THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION AND ARBITRATION PROVISION BELOW.
1. ELIGIBILITY. This Site is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the Services offered on the Site are not available to individuals under the age of 18. If you do not qualify, you may not use the Site.
2. USE OF SITE. You agree that the reservations facilities of this Site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the reservation facilities of this Site may result in your being denied access to such facilities. For any reservations, Services, or other products for which fees may be charged, you agree to abide by the terms or conditions of purchase imposed, including but not limited to: (i) payment of all amounts when due; (ii) any and all booking conditions; (iii) “Hotel Policies”, as set forth in Section 3 and modified from time to time; and (iv) compliance with all and any rules, policies and restrictions regarding the rates, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site and the Services. We reserve the right to cancel or modify reservations where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error, or from an attempt to circumvent our policies as outlined on the Site or these Terms.
3. TERMS INCORPORATED BY REFERENCE. In addition to these Terms, you acknowledge and agree to abide by all of the hotel policies specified at the following links (the “Hotel Policies”), which are hereby incorporated into this Agreement:
By using our Site and Services, you agree to comply with and be bound by all such Hotel Policies, which may be updated and modified from time to time. Failure to adhere to any of the Hotel Policies may result in the suspension or termination of your access to our Services, in addition to any other remedies available to us.
4. CURRENCY RATES. Currency rates are based on publicly available sources and should be used as guidelines only. Room rates are guaranteed only in a hotel’s local currency. Currency quotes are not updated every day. The currency information supplied by this Site is believed to be accurate, but Archer does not warrant or guarantee such accuracy.
5. CHANGES TO TERMS/SITES. We may make changes to the Site and such Services we offer on the Site from time to time. We have the right, but not the obligation, to take any of the following actions in our sole discretion without providing prior notice to you:
Change or terminate all or any part of the Services we offer on the Site;
Restrict or terminate your access to all or any part of the Site or the Services we offer on it in accordance with applicable laws;
Remove any content from the Site and not publish or remove any material that you submit to the Site; or
Change these Terms of Use in an immaterial manner.
6. PRIVACY. The protection of your personal information is important to us and we take care to protect the personal information you provide us. Archer’s Privacy Policy is available at Privacy Policy (the “Privacy Policy”). By using the Site, you consent to all actions taken by Archer with respect to your personal information in compliance with the Privacy Policy and/or these Terms.
7. ACCESS TO SITE.
(a) Limited Right to Use. Subject to these Terms, Archer grants you a personal, limited, nontransferable, nonexclusive, non-assignable, revocable license and right to access the Site through a generally available web browser or mobile device to view content and information and otherwise use the Site consistent with its functionality and in accordance with these Terms. Any other use of the Site is strictly prohibited and a violation of these Terms. All content included on the Site, such as text, graphics, logos, images, designs, products, video, data, and other material (collectively “Content”) is our owned or licensed property and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of Archer and their respective licensors and protected by U.S. and international copyright laws. You may use the Site only as permitted by law and these Terms. All rights not expressly granted to you in these Terms are reserved and retained by Archer and/or it’s licensors or suppliers. No right, title, or interest in or to the Site or any Content therein is transferred to you, and all rights not expressly granted are reserved by Archer. Any use of the Site that is not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
(b) Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions:
(i) you agree not to make any commercial use of the Site or its Content;
(ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site;
(iii) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, scraped, republished, downloaded, displayed, posted, or transmitted in any form or by any means;
(iv) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Site, or any other system, device or property;
(v) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Site or violate the regulations, policies, or procedures of such networks;
(vi) you agree not to access (or attempt to access) any of the Site by means other than through the interface that is provided by Archer;
(vii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Site; and
(viii) you agree not to use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
(c) User Content. The Content also includes information that you and other users provide us in the course of using the Site, including without, limitation reviews, feedback, testimonials, or other information posted on the Site (collectively, “User Content”), which we may use to provide, maintain and improve the Site. Some Content may be visible to others (for example, the Site may allow you to upload, post, or otherwise share content). You are solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Site, or that you contribute in any manner to the Site; you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it and to grant to Archer the license set forth below; and such User Content shall be considered non-confidential and you license to Archer all proprietary rights in and to such User Content to use, reproduce, modify, perform, display, distribute, publish, compile, and otherwise disclose to third parties any such User Content for any purpose.
You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any User Content accessed through the Site, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any User Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners; and (ii) in any way that violates any third party right.
Archer reserves: (i) the right to remove any User Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all, and (ii) the right to take any action with respect to any User Content that is deemed necessary or appropriate in Archer’s sole discretion, including but not limited to, terminating or suspending your access to all or part of the Site or disclosing your identity or other information about you to law enforcement or any third party who claims that material posted by you violates their rights. YOU WAIVE AND HOLD HARMLESS ARCHER AND ITS, LICENSEES, SERVICE PROVIDERS, AND SUPPLIERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY LAW ENFORCEMENT AUTHORITIES OR THIRD PARTIES DIRECTING US TO DISCLOSE THE IDENTITY OR OTHER INFORMATION OF YOU.
(d) Social Media. By tagging one of Archer’s official social media accounts on social media platforms such as Instagram, Facebook, LinkedIn, Tik-Tok or You Tube, you grant Archer a non-exclusive, royalty-free, worldwide license to use, reproduce, and display your content (including photos, videos, and captions) on our Site, social media accounts, and in other marketing materials. We may credit your social media handle when reposting your content. By participating in our online community and submitting such content, you agree to indemnify and hold harmless Archer from any claims, damages, or liabilities arising out of or related to the use of your submitted content, including but not limited to claims of copyright infringement, violation of privacy rights, or failure to obtain necessary permissions. Archer reserves the right to remove your content posted on any of its social media pages, for any reason at any time. If you would like us to remove your content from our channels, please contact us at [email protected].
8. USER INFORMATION To use certain parts of the Site, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that:
(a) all required registration information you submit is truthful and accurate;
(b) you will maintain the accuracy of such information; and
(c) your use of the Site does not violate any applicable law or regulation.
You are entirely responsible for maintaining the confidentiality of your Account log-in information and for all activities that occur under your Account. You agree to immediately notify Archer of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Archer is not liable for any loss or damage arising from your failure to comply with the above requirements. We have the right to disable any Account, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
9. LOYALTY PROGRAMS. Our Loyalty Program is subject to the terms and conditions on our Site.
10. GIFT CARDS. By purchasing a gift card from the Site, you agree to comply with all gift card terms and conditions outlined in the “Gift Card” section of our Site including any merchant gift terms and privacy policy, which are incorporated into these Terms of Use by reference. You understand and acknowledge that the Gift Card program is operated by a third party.
11. PROMOTIONAL INFORMATION. The Site may display or provide information regarding specific programs, offers, or promotions (“Promotional Offers”). Any such Promotional Offer is subject to its specific terms, conditions and restrictions. Please refer to and read carefully the terms, conditions and restrictions of each Promotional Offer. Archer reserves the right to change or withdraw any Promotional Offer at any time without notice. Each Promotional Offer is void where prohibited by law.
12. COPYRIGHT COMPLAINTS. In operating the Site, Archer may act as a “service provider” (as defined by DMCA) and offer services as an online provider of materials and links to third-party websites. As a result, third-party materials that Archer does not own or control may be transmitted, stored, accessed, or otherwise made available using the Site. Archer has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Archer or a third-party, or that has otherwise violated any intellectual property laws or regulations, or these Terms. If you believe any material available through the Site infringes a copyright, you should notify Archer using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). Archer will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Please send infringement notices under the DMCA to: Copyright Agent, Stephen G. Janoski, Stakeholder Brands, LLC, 900 Boucher Avenue, Annapolis, MD 21403.
Please provide the following information in the notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on the Site that you claim is infringing, with enough detail so that Archer may locate it on the Site;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
13. THIRD-PARTY SERVICES. The Site may contain links and interactive functionality interacting with the websites of third parties, including social networking sites such as Instagram, and You Tube. We do not endorse and we are not responsible for and have no liability for functionality, actions, inactions, privacy setting, privacy policies or content of any such website. YOUR USE OF THE THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
14. INDEMNITY. You agree to defend, indemnify and hold harmless Archer and their respective owners, affiliates, parent corporations, subsidiaries, licensors, suppliers, officers, directors, employees, contractors, subcontractors, service providers, agents, successors, and assigns from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of: (i) your use of Site and its Services; (ii) your use of any information other materials obtained from the Site; (iii) your violation of these Terms or any third-party terms and conditions of use/service; (iv) any Content; or (v) your violation of any law or the rights of any third party. Archer reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Archer and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Archer’s prior written consent. Archer will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
15. WARRANTY DISCLAIMERS. EXCEPT WHERE PROHIBITED BY LAW, THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SITE AND CONTENT IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ACCURACY, TIMELINESS, OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. WE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE OR LIABILITY YOU MAY INCUR IN CONNECTION WITH THE SITE. WE MAKE NO WARRANTIES OR ANY GUARANTY OR ASSURANCE THAT OUR SITES AND/OR THE CONTENT WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SECURITY AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS AND INFORMATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY ASPECT THEREOF, OR SUPPLIERS ASSOCIATED HEREWITH, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE.
WITH RESPECT TO PRODUCTS OR SERVICES FOR WHICH WE ARE NOT THE ACTUAL SUPPLIER OF SUCH PRODUCTS AND SERVICES, WE DISCLAIM ANY AND ALL LIABILITY RELATING TO THEM. SHOULD YOU HAVE ANY ISSUES WITH SUCH PRODUCTS AND SERVICES, YOU AGREE THAT YOUR SOLE RECOURSE IS WITH THE MERCHANT OR SERVICE PROVIDER WHO PROVIDED SUCH PRODUCTS AND SERVICES AND NOT WITH US.
16. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (i) ARCHER (AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES) OR THEIR LICENSORS, SUBCONTRACTORS, CONTRACTORS, SERVICE PROVIDERS, SUPPLIERS, AGENTS, OR THEIR RESPECTIVE SUBSIDIARIES, PARENT CORPORATIONS, AFFILIATES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY “ARCHER PARTIES” AND EACH A “ARCHER PARTY”) BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICES OR THE PRODUCTS, EVEN IF AN APPLICABLE ARCHER PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (ii) ANY ARCHER PARTY’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO ARCHER FOR THE SERVICES OR THE PRODUCT GIVING RISE TO THE CLAIM IN THE PRIOR 12 MONTHS.
17. TERM AND TERMINATION.
(a) Term. These Terms will remain in full force and effect so long as you continue to access or use the Site, or until terminated in accordance with the provisions of these Terms. At any time, Archer may: (i) suspend or terminate your rights to access or use the Site, or (ii) terminate these Terms with respect to you if Archer in good faith believes that you have used the Site in violation of these Terms, including any incorporated guidelines, terms or rules.
(b) Effect of Termination. Upon termination of these Terms, your Account and your right to use the Site, including any license granted under these Terms, will automatically terminate.
18. DISPUTE RESOLUTION AND ARBITRATION PROVISION.
PLEASE READ THIS DISPUTE RESOLUTION, ARBITRATION CLASS ACTION AND JURY TRIAL WAIVER PROVISION CAREFULLY. THIS SECTION PROVIDES THAT DISPUTES MAY BE RESOLVED BY BINDING ARBITRATION.
(a) Disputes. You and Archer agree that, except as provided below, any dispute, claim, disagreement or controversy arising out of or relating in any way to the Site, its contents, tools, services, or these Terms of Use, including but not limited to, any dispute over the existence, validity, scope, interpretation or enforcement of this Dispute Resolution and Arbitration Provision or the entire Agreement, whether based on statute, contract, or tort, or any other legal theory (any “Claim”) shall be decided solely by confidential and binding arbitration. The venue for the arbitration shall be, City of Wichita, the State of Kansas, unless the parties agree to an alternative forum.
(b) What is Arbitration? Arbitration replaces the right to go to court, have jury trial or initiate or participate in a class action. Arbitration procedures are simpler, and less formal than a lawsuit in court. In arbitration, disputes are resolved by a neutral arbitrator, not a judge or jury, and are subject to very limited review by courts and the decision of the arbitrator is not subject to appeal on the merits. Arbitrators can award the same damages and relief that a court can award. You agree that You and Archer are each waiving the right to a trial by jury or to participate in a class action. If arbitration is chosen by any party, You or Archer will not have the right to litigate that dispute in court or have a jury trial on that dispute.
This Dispute Resolution and Arbitration Provision shall survive the termination of these Terms and/or the termination of the Site, or the relationship between you and us. If any part of this Dispute Resolution and Arbitration provision is deemed invalid or unenforceable, the other terms shall remain in full force. This Dispute Resolution and Arbitration provision may not be amended, severed or waived except by a written agreement between you and us.
Before you submit your Claim to arbitration, you must first file a written Notice of your Claim to Archer (“Notice of Claim”). The Notice of Claim to Archer shall be sent, via certified mail, to our registered agent R. Baker, LodgeWorks Partners L.P., 8100 E 22nd St. North, Bldg. 500, Wichita, KS 67226-2305.
The Notice of Claim should include both the mailing address and email address you would like Archer to use to contact you. If Archer elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to your address that we have. A Notice of Claim, whether sent by you or by Archer, must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific amount of damages or other relief sought.
You and Archer agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and Archer, therefore, agree that, after a Notice of Claim is sent but before either you or Archer commence arbitration proceedings against the other, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Claim covered by these Terms of Use. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference. Likewise, if Archer is represented by counsel, its counsel may participate in the conference as well, but Archer agrees to have a company representative fully participate in the conference.
If we do not reach an agreement to resolve the Claim, despite making good faith efforts to resolve the Claim, either party may commence an arbitration proceeding within sixty (60) days after the Notice of Claim is received, by filing a Demand for Arbitration. The party commencing the confidential arbitration must notify the other party in writing. If you elect to commence the confidential arbitration, you must send the Demand for Arbitration to the address set forth above for Archer. If Archer elects to commence arbitration, Archer must send the Demand for Arbitration to the most recent address for you in our files or from the information that it obtains. The arbitration will be conducted and administered by the American Arbitration Association (the “AAA”) under its rules in effect at the time an arbitration is commenced that are applicable to the resolution of the Claim (the “Arbitration Rules”), except where those rules conflict with this Dispute Resolution and Arbitration provision. You may download or copy a form of notice and a form to initiate arbitration at www.adr.org or by calling 1-800-778-7879.
(c) Evidence and FAA: The Federal Rules of Evidence shall govern the admissibility of information or evidence presented at the arbitration. Except as expressly set forth in the Jurisdiction provision below, you agree that this Dispute Resolution and Arbitration provision and any related arbitration arising out of this provisions is governed by the Federal Arbitration Act (the “FAA”). Kansas law shall apply to the extent state law is relevant to the arbitration.
(d) Selection of Arbitrator. A single, neutral arbitrator, with at least ten years of experience in travel industry, ecommerce and digital technology, shall be mutually selected by the Parties. In the event the Parties are unable to mutually agree upon an arbitrator, the Parties shall select an arbitrator as provided for by the rules governing the dispute. You may obtain a copy of the AAA Commercial Arbitration Rules and Procedures at https://www.adr.org/Rules.
(e) Arbitral Decision/Review. The arbitrator shall have the authority to hear and grant dispositive motions in the matter. The arbitrator shall also have the exclusive authority to determine whether a claim is arbitrable or otherwise covered by these Terms. Within 30 days of the close of the arbitration hearing, or at any later time to which the parties agree, the arbitrator shall issue a final written and reasoned award, separately stating his or her findings of fact and conclusions of law on which the ruling is based with respect to any ruling on dispositive motions or a final arbitration award. The arbitrator shall have no authority or power to add to or to subtract or otherwise modify these Terms. The arbitrator’s award or other decision shall be final and binding on the Parties. The arbitrator’s award or other decision shall not be subject to any appeal. A final award is subject to judicial review as provided by the applicable law. In accordance with applicable laws, a judgment on any award may be entered in any court having jurisdiction as set forth immediately below.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If you ask us to, we will pay all the fees the administrator or arbitrator charges, as long as we believe you are acting in good faith. We will pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced.
If the arbitrator finds that either the substance of your Claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose then the payment of all fees will be governed by the AAA Rules and Archer will not reimburse your initial filing fee. The parties agree that the AAA has discretion to modify the amount or timing of any administrative or arbitration fees due under the AAA Rules where it deems appropriate, provided that such modification does not increase the AAA fees to you or Archer and you and Archer waive any objection to such fee modification.
(f) Class-Action Waiver.
YOU AGREE NOT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION AGAINST US, INCLUDING, BUT NOT LIMITED TO, THE ARCHER PARTIES, INCLUDING, IN COURT OR ARBITRATION. YOU AGREE NOT TO BRING ANY CLAIM AGAINST US, ON BEHALF OF ANY OTHER CONSUMER WHO IS NOT A PARTY TO THIS AGREEMENT. YOU AGREE THAT NO OTHER CONSUMER WHO IS NOT A PARTY TO THIS AGREEMENT MAY BRING ANY CLAIM AGAINST US, ON YOUR BEHALF. CLAIMS BY YOU AND ANY OTHER CONSUMER MAY NOT BE JOINED IN A SINGLE ARBITRATION. THE ARBITRATOR WILL NOT HAVE THE POWER TO CONSOLIDATE OR CONSIDER SUCH CLASS, REPRESENTATIVE OR ANY SUCH CLAIM YOU BRING ON BEHALF OF ANY OTHER CONSUMER. IF ARCHER BELIEVES THAT ANY CLAIM YOU MAY HAVE FILED IN ARBITRATION OR IN COURT IS INCONSISTENT WITH THE LIMITATIONS IN THIS PARAGRAPH, THEN YOU AGREE THAT ARCHER MAY SEEK AN ORDER FROM A COURT DETERMINING WHETHER YOUR CLAIM IS WITHIN THE SCOPE OF THE CLASS ACTION WAIVER. THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THESE TERMS.
(g) Right to Reject or Opt-Out. You may reject or opt out of arbitration by providing written notice of your intention to reject or opt out to us within 30 days from using our Site or our Services: 8100 E 22nd Street North, Building 500, Wichita, KS 67226 Attn: Legal Counsel, via USPS Priority Mail or hand delivery within 30 days from your first services or use of this Site. This written notice must be signed by you, and not any attorney, agent, or other representative of yours. Archer may opt out of arbitration by sending written notice of its intention to opt out to the arbitrator and to you or your attorney, agent, or representative if you are represented.
I REPRESENT I HAD A SUFFICIENT OPPORTUNITY TO READ THROUGH THESE AGREEMENTS FOR DISPUTE RESOLUTION AND TO ARBITRATE, CLASS ACTION WAIVER AND WAIVER OF JURY TRIAL, I HAVE READ AND UNDERSTAND MY AGREEMENT TO THESE TERMS, AND I AGREE TO BE BOUND AS SET FORTH ABOVE.
19. MISCELLANEOUS.
(a) Entire Agreement/Severability. These Terms constitute the entire agreement between you and Archer regarding the use of the Site. Any failure by Archer to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
(b) Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Archer’s prior written consent. Any attempted or unauthorized assignment shall be null and void. These Terms may be assigned by Archer without restriction. These Terms are binding upon any permitted assignee.
(c) Notifications. Archer may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, mailing a hard copy, or posting of such notice on the Site.
(d) Jurisdiction. These Terms of Use shall be construed, interpreted and performed exclusively according to the laws of the State of Kansas, without giving effect to any principles of conflicts of law.
20. CONTACT INFORMATION. If you have any questions on these Terms, please contact us.
Date Posted: November 12, 2025