Terms of Service
The parties acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, the parties agree that except for statutory or common law claims related to intellectual property and disputes that qualify for small claims court, any controversy or claim arising out of or relating to this Agreement or any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in the County of Santa Barbara in the State of California. For more information about arbitration, the AAA and the arbitration process, please consult the American Arbitration Association web site at adr.org .
You agree that by entering into this Agreement, you and we are each waiving the right to trial by jury, except as otherwise stated above. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and, by entering into this Agreement, you are giving up the ability to participate in a class action.
All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision are for the court to decide. California law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This agreement to arbitrate shall survive termination of this Agreement. The arbitration will take place in the County of Santa Barbara in the State of California. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
We make a refund when someone mistakenly pays us by wire transfer even though their company requires them to use a paper check or a credit card. We make a refund when we receive payment by paper check although a company requires employees to use a credit card or make a wire transfer. We make a refund if we receive payment by credit card although a company requires employees to pay by wire transfer or paper check.
Importantly, when a credit card has been received and a refund is required, we make the refund using the ACH. Therefore, no credit card chargeback occurs. We make the refund using the ACH because we do not retain any payment card data in our system. There is no payment card number to chargeback.
We make a refund if someone pays full price on a new subscription although they qualify for a discounted price. We make a refund when a company mistakenly pays us twice for the same invoice. We make a refund when someone mistakenly pays for a renewal of their subscription. They have this prerogative because the Nilson Report never uses auto-renewal for either of the products it sells.
All sales are final.