This Terms of Services and Use Agreement (hereafter "Agreement", “Terms”) is entered into by and between REAP, (hereafter "REAP", “us”, “we”, “our” “Service”), an Illinois LLC, and Subscriber (hereafter "Subscriber", “you”, “your”).
AS A CONDITION OF THE USE OF THE REAP SERVICE, SUBSCRIBER AGREES TO THE FOLLOWING TERMS AND REPRESENTATIONS.
1.1 REAP is a provider of research for real estate leads, and uses technology solutions to acquire and provide those leads to Subscriber. Subscriber asserts they hold an active real estate license, an active MLS membership and desires to utilize REAP services.
2 SUBSCRIBER REPRESENTATIONS
2.1 ANY INFORMATION PROVIDED TO REAP BY SUBSCRIBER IS TRUE, COMPLETE AND ACCURATE, DOES NOT REPRESENT SUBSCRIBER AS SOMEONE ELSE, DOES NOT FALSELY IDENTIFY ANY THIRD PARTY, AND DOES NOT VIOLATE ANY LAW, STATUTE, ORDINANCE OR REGULATION, INCLUDING MLS REGULATIONS.
2.2 SUBSCRIBER HEREBY REPRESENTS AND ACKNOWLEDGES THAT IN ENTERING INTO THIS AGREEMENT SUBSCRIBER DID NOT RELY ON ANY REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPLICITLY SET FORTH IN THIS AGREEMENT.
2.3 SUBSCRIBER HEREBY REPRESENTS AND ACKNOWLEDGES THAT RECEIPT BY REAP OF SUBSCRIBER’S FEE IS UNDERSTOOD BY ALL PARTY'S TO BE SUBSCRIBER’S ACCEPTANCE OF THE TERMS OF THIS AGREEMENT OR THE AGREEMENT THEN IN FORCE.
2.4 SUBSCRIBER HAS READ THIS ENTIRE AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ALL TERMS AND CONDITIONS STATED HEREIN.
3 MLS Downloading and Software Updates
3.1 YOU AUTHORIZE REAP, THROUGH REAP SOFTWARE RESIDENT ON YOUR COMPUTER, TO RETRIEVE YOUR LOCAL MLS DATA USING YOUR MLS ACCESS.
3.2 In order for REAP to provide Subscriber the REAP Expired service, Subscriber must download from the REAP website and install, on at least one Subscriber computer, the REAP RAD software (“Software”) and let it operate everyday overnight to automate the download of MLS information so that REAP can research and provide Subscriber their daily Expired prospect lead reports.
3.3 Any RAD software application running on any Subscriber computer will a) log into the subscriber’s MLS as needed using Subscribers personal MLS access credentials, and b) will download MLS data and c) will pass some or all of the MLS data to REAP computers to process and d) provide a report to Subscriber.
3.4 Subscriber’s MLS access credentials are encrypted in the RAD software that is installed on any Subscriber computer. Subscriber may install RAD on as many computers as they desire.
3.5 If Subscriber’s MLS issues a cease and desist order to REAP, at its sole discretion, REAP will disclose your name and contact information to the MLS and other REAP subscribers.
3.6 You authorize REAP and its Software which you have resident on your computer(s), to automatically download and install updates from time to time from REAP. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit REAP to deliver these to you) as part of your use of the Services.
4 MLS and REAP Data.
4.1 REAP provides access to listings and local real estate content ("MLS Data"). Use of the Service is expressly subject to all MLS, National Association of Realtors (NAR), Local MLS, State and Federal regulations governing real estate.
4.2 All MLS Data is intended only for the Subscriber’s personal, non-commercial use and where the Subscriber has a bona fide interest in the purchase, sale, or lease of real estate of the type being offered.
4.3 Subscriber agrees that not all properties will have phone numbers and that some numbers will be disconnected or wrong. REAP will do its best to locate additional numbers not originally available through the MLS. REAP’s goal is to provide Subscriber with information about leads that is at least as good as if you did the research yourself.
4.4 THE SUBSCRIBER AGREES THAT THEY WILL NOT, FOR ANY PURPOSE, COPY, REDISTRIBUTE, REPRODUCE, DUPLICATE, SELL, TRADE, OR RETRANSMIT ANY OF THE MLS OR REAP INFORMATION PROVIDED TO SUBSCRIBER.
4.5 The Subscriber expressly acknowledges the MLS's ownership of and copyright of the MLS Data.
5 Leads Research Assistant
5.1 Subscriber agrees to engage REAP to act as the Subscriber's personal leads research assistant and to automate the import of leads.
5.2 Subscriber is responsible for ensuring that any actions taken or any services or software requested from REAP under this Agreement are in compliance with all applicable laws and MLS regulations in all jurisdictions in which Subscriber does business and in which REAP also provides its Service.
5.3 Subscriber is responsible for ensuring that both REAP and Subscriber are authorized under all applicable MLS and state and federal laws and regulations to allow REAP to act as Subscriber's personal research assistant and obtain necessary MLS access authentication information in order to export for research the MLS data to which Subscriber is entitled.
6 Data Quality, Merchantability and Fitness
6.1 MLS Data is deemed to be reliable but is not guaranteed to be accurate or complete.
6.2 REAP ASSUMES NO LIABILITY FOR THE ACCURACY OF ANY REAP OR MLS DATA.
6.3 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
6.4 IN PARTICULAR, REAP, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT AND DO NOT WARRANT TO YOU THAT:
6.4.1 YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
6.4.2 YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
6.4.3 ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE,
6.4.4 THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
6.4.5 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
6.4.6 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REAP OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
6.4.7 REAP FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
6.5 MERCHANTABILITY AND FITNESS IS TO BE DETERMINED BY THE SUBSCRIBER BASED ON THEIR OWN BUSINESS GOALS AND REGULATORY ENVIRONMENT.
6.6 SHOULD THE SERVICE PROVE DEFECTIVE IN ANY WAY FOLLOWING ITS PURCHASE, THE SUBSCRIBER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND REGULATORY LEGAL DEFENSE AND ANY REGULATORY PENALTIES.
7 REAP and MLS Access
7.1 By subscribing to REAP, Subscriber agrees not to disclose or distribute anything obtained from REAP to any person or organization by any means, including via printed, electronic or other means, including but not limited to, any assigned codes, passwords and usernames, the Expired Reports, log in access to the RAD software and REAP website, the information contained in the product.
7.1.1 Except, where your MLS rules do not forbid doing so, Subscriber may distribute REAP reports to their immediate team members (not to exceed 5 members with access to REAP data) or a partner.
7.2 Subscriber Teams are defined as a maximum total of up to five (5) of Subscriber’s staff who are paid exclusively by Subscriber.
7.3 An office manager or broker may subscribe to this service but may NOT distribute it or leads generated from it to his/her agents.
7.4 Subscriber must maintain their real estate license and MLS membership. Should either of these be terminated for any reason Subscriber agrees to notify REAP of their changed status the same day that the status changes.
7.5 If REAP discovers that Subscriber does not have both a real estate license and MLS membership, REAP will immediately terminate access to its Service. There will be NO refund for the period during which the service was terminated.
8 Terms of Subscription and Subscription Renewal
8.1 ALL SALES ARE FINAL: Once the payment has been processed, subscriber is committed for the entire Billing Cycle.
8.2 Subscriber understands that they are paying for access to the program for the time committed. Not using the account does not justify a refund as your having access to the program incurs certain fixed costs for REAP.
8.3 All REAP subscriptions RENEW AUTOMATICALLY, so Subscriber must notify REAP at least a 5 days before their renewal date or stop the service themselves on the REAP website.
8.4 Subscriber authorizes REAP to process the Subscriber's credit card on file for payment according to Subscriber's Billing Cycle.
8.5 At the end of each Billing Cycle, the agreement shall automatically renew for an additional term equal to the original service plan until Subscriber cancels the service by providing written notice to REAP or cancels the service on the REAP website.
8.6 In the event that REAP is not able to process payment from the Subscriber at the beginning of a renewal term, either because the credit card has expired or for any other reason, REAP reserves the right to continue billing the Credit Card on file until a payment has been made.
8.7 If a payment is not made within 5 days of the bill date, the account will automatically terminate. If the subscriber wishes to reactivate their account at that point, they will be responsible for any necessary reactivation fees.
8.8 IN THE EVENT THAT REAP IS NOT ABLE TO PROCESS PAYMENT FROM THE SUBSCRIBER AT THE BEGINNING OF A RENEWAL TERM, REAP RESERVES THE RIGHT TO CHANGE ANNUAL, SEMI-ANNUAL AND QUARTERLY BILLING CYCLES TO A MONTHLY BILLING CYCLE AT THE THEN CURRENT MONTHLY SUBSCRIPTION RATE.
8.9 Free Trials. Billing for free trials, regardless of length, will automatically start at the end of the trial unless the Subscriber cancels the trial one (1) business day prior to that bill date. Failure to cancel a trial prior to its end will not justify a refund.
9 Do-Not-Call Representations and Agreements
9.1 You agree to subscribe to the National Do-Not-Call List as a condition of obtaining this Service. (The FDNC List is free for the first 5 phone area codes).
9.2 Subscriber represents that they are familiar with all the legalities related to sales prospecting found on the following websites:
9.2.1 www.ftc.gov - Federal Trade Commission
9.2.2 www.fcc.gov - Federal Communications Commission
9.2.3 www.donotcall.gov - National Do Not Call
9.3 Subscriber agrees they will comply with all laws, ordinances, regulations, and requirements of local, provincial, and federal governmental authorities governing dialing, autodialing, and automatic, power, or predictive dialers.
9.4 Subscriber agrees to immediately mark any and all individuals requesting to not be called as Do Not Call status within the Subscriber’s individual and their office Do Not Call list. When REAP is aware that a phone number it provides is on the Federal Do Not Call List that number will be flagged with “FDNC”
9.5 SUBSCRIBER AGREES TO DETERMINE IF THE PHONE NUMBERS REAP PROVIDES TO YOU ARE LEGAL FOR YOU TO CALL FOR SALES PROSPECTING AND ANY OTHER PURPOSES FOR WHICH YOU INTEND TO USE THEM.
9.6 FOR ANY NUMBERS THAT REAP HAS NOT FLAGGED AS BEING ON ITS DO-NOT-CALL LIST, SUBSCRIBER AGREES THAT IT IS THEIR RESPONSIBILITY TO DETERMINE IF THEY ARE ON ANY OTHER DO-NOT-CALL LIST INCLUDING THE FEDERAL DO-NOT-CALL LIST.
9.7 Subscriber understands that the phone numbers REAP supplies include Cellular, Voice Over Internet Protocol (VoIP) numbers, land lines and potentially other types of phone numbers.
10 Service and Terms of Service May Change
10.1 You acknowledge and agree that the form and nature of the Services which REAP provides and the terms of its service may change from time to time without prior notice to you.
10.2 You acknowledge and agree that REAP may stop (permanently or temporarily) providing the Services (or any features within the Services) to you individually or to Subscribers generally at REAP’s sole discretion, without prior notice to you.
11 LIMITATION OF LIABILITY
11.1 THE LIMITATIONS ON REAP’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT REAP HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LIABILITY OR LOSSES ARISING.
11.2 SUBJECT TO THE OTHER PROVISIONS IN THIS AGREEMENT, YOU EXPRESSLY UNDERSTAND AND AGREE THAT REAP, ITS EMPLOYEES, SUBSIDIARIES, AFFILIATES, SHARHOLDERS, DIRECTORS, PRINCIPLES, CONSULTANTS AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
11.2.1 ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. DAMAGES INCLUDE, BUT ARE NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
11.2.2 ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
184.108.40.206 ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
220.127.116.11 ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS OR ACCURACY OF ANY PHONE NUMBER BEING FLAGGED OR NOT FLAGGED AS BEING ON REAP’S DO-NOT-CALL LIST.
18.104.22.168 ANY CHANGES WHICH REAP MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
22.214.171.124 THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
126.96.36.199 YOUR FAILURE TO PROVIDE REAP WITH ACCURATE ACCOUNT INFORMATION;
188.8.131.52 YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
184.108.40.206 COMPLETE OR PARTIAL INTERRUPTIONS TO ITS SOFTWARE OR SERVICES.
220.127.116.11 Harm Caused through LINKS TO THIRD PARTY SITES
18.104.22.168.1 The REAP Web Site and other REAP tools contain links to third party sites. Subscriber accesses these sites is at Subscriber's own risk. REAP is not responsible for the contents, changes, updates, or other links contained in a linked site. REAP provides these links merely as a convenience, and the inclusion of such links is not an endorsement by REAP of any site.
12 Hold Harmless and indemnify
12.1 You agree to hold harmless and indemnify REAP and all our employees, affiliates, consultants, directors and principals as well as pay all legal costs, fines and judgments for all of REAP’s and our employees, affiliates, consultants, directors and principals, caused by your releasing this data to any unauthorized party or by breaking the terms of this agreement.
12.2 You agree to hold harmless and indemnify REAP and all our employees, affiliates, consultants, directors and principals, should our software crash your system, destroy data or other information you deem valuable, allow viruses or other destructive software into your system, or inadvertently release your MLS access to third parties, or for any other problem or damages we caused you.
12.3 You agree to hold harmless and indemnify REAP and all our employees, affiliates, consultants, directors and principals and defend us against any legal actions initiated against us as a result of offering this Service to you by a) your MLS or any REALTOR Organization, b) by any agency that enforces a telephone, fax or mobile phone do-not-call-listS or CAN-SPAM regulations, c) by any third party that you contacted through any of your prospecting activities.
12.4 You agree to hold harmless and indemnify REAP and all our employees, affiliates, consultants, directors and principals, from and against any and all damages, losses, liabilities, actions, proceedings (whether legal or administrative), demands and expenses (including but not limited to reasonable attorney’s fees) threatened, asserted or filed by a third party against REAP, relating to Subscriber's account and/or relations with REAP.
13 Governing Law and General Legal Terms
13.1 Subscriber consents to the exclusive jurisdiction of the State and Federal courts located in Cook County, Illinois, and Subscriber waives to the fullest extent allowed by law the defense of an inconvenient forum to the maintenance of any action or proceeding.
13.2 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the terms and representations. The remaining provisions of the Agreement will continue to be valid and enforceable. Both Subscriber and REAP agree to substitute for the invalid provision a valid provision which most closely approximates the effect and intent of the invalid provision.
13.3 Obligations of Subscriber under this Agreement shall survive for a period of three years following termination of this Agreement in addition to the entire period of subscription purchased.
13.4 These Terms constitute the whole legal agreement between you and REAP and govern your use of the Services (but excluding any services which REAP may provide to you under a separate written agreement), and completely replace any prior agreements between you and REAP in relation to the Services.
13.5 You agree that REAP may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
13.6 You agree that if REAP does not exercise or enforce any legal right or remedy which is contained in the Terms (or which REAP has the benefit of under any applicable law), this will not be taken to be a formal waiver of REAP’s rights and that those rights or remedies will still be available to REAP.
13.7 No other person or company shall be third party beneficiaries to the Terms, unless otherwise stated in this Terms of Service and Use Agreement.
14 Proprietary Rights
14.1 You acknowledge and agree that REAP (or REAP’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by REAP and that you shall not disclose such information without REAP’s prior written consent.
14.2 You acknowledge and agree that nothing in the Terms gives you a right to use any of REAP’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
15 License from REAP
15.1 Subject to the provisions of this Agreement as well as the payment of all applicable license fees for the term of such license, REAP grants Subscriber and Subscriber accepts a personal, royalty-free, non-assignable and non-exclusive license to use the Software and research provided to Subscriber by REAP as part of the Service as well as Software and Services available at www.reap007.com or any co-branded and/or linking site, the licensee shall be referred to herein as a Subscriber. This license is for the sole purpose of enabling Subscriber to use and enjoy the benefit of the Services as provided by REAP, in the manner permitted by the Terms.
15.2 You may not, and you may not permit anyone else to, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof.
16 Binding ARBITRATION
16.1 SUBSCRIBER WAIVES ANY RIGHT TO TRIAL BY JURY OR JUDGE WITH RESPECT TO ANY CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT.
16.2 Binding Nature. Any claim or controversy arising out of or relating to this Agreement must be submitted and settled as set forth in this section. SUBSCRIBER EXPRESSLY WAIVES ANY LEGAL RIGHT OR PRIVILEGE TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER CONSOLIDATED PROCEEDINGS.
16.3 Escalation Procedure. If Subscriber alleges that REAP has breached or may breach any of the terms of this Agreement, then the Subscriber shall inform REAP of their breach in writing via email at firstname.lastname@example.org, provided however that such email notice is not deemed received until you make a follow up call and leave a message or reach staff at 877-732-7007. If REAP alleges that Subscriber has breached or may breach any of the terms of this Agreement, then REAP shall inform Subscriber of their breach in writing via email at their delivery email on file, provided however that such email notice is not deemed received until REAP makes a follow up call to the Subscriber’s phone on file. UPON RECEIPT OF SUCH NOTICE, THE ALLEGEDLY NONPERFORMING PARTY SHALL HAVE TEN (10) DAYS TO CURE THE ALLEGED BREACH. IF THE PARTIES DO NOT AGREE THAT EFFECTIVE CURE HAS BEEN ACCOMPLISHED BY THE END OF THE TEN (10) DAY PERIOD, THEN THE PARTIES SHALL MEET IN PERSON AND CONFER IN GOOD FAITH IN ILLINOIS AT REAP’S CORPORATE OFFICE TO RESOLVE THE DISPUTE WITHIN FIFTEEN (15) DAYS OF THE EXPIRATION OF THE PRIOR TEN (10) DAY PERIOD. IF THE PARTIES DO NOT AGREE THAT EFFECTIVE CURE HAS BEEN ACCOMPLISHED BY THE END OF THE FIFTEEN (15) DAY PERIOD, THEN EITHER REAP OR AN INDIVIDUAL SUBSCRIBER MAY FILE AN ACTION FOR ARBITRATION.
16.4 Filing of Claim. IF, AFTER THE ABOVE PROCEDURES, THE DISPUTE REMAINS UNRESOLVED, THEN THE DISPUTE SHALL BE SUBMITTED TO THE OFFICE OF THE AMERICAN ARBITRATION ASSOCIATION LOCATED IN COOK COUNTY, ILLINOIS, SAID ARBITRATION TO BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES IN EFFECT AT THE TIME OF THE ARBITRATION AND THE LAWS OF THE STATE OF ILLINOIS GOVERNING SUCH ARBITRATIONS. EACH INDIVIDUAL SUBSCRIBER MUST FILE A SEPARATE CLAIM FOR ARBITRATION, EVEN IF THE BASIS FOR SUCH CLAIM IS SUBSTANTIALLY SIMILAR TO THAT OF ANOTHER SUBSCRIBER. NO CONSOLIDATION OR CLASS TREATMENT SHALL BE GRANTED IN SUCH ARBITRATION. SUCH ARBITRATION MUST BE FILED WITHIN TWELVE (12) MONTHS OF THE FIRST ACCRUAL OF THE CAUSE OF ACTION, AND THE PARTIES AGREE THAT THE STATUTE OF LIMITATIONS FOR ANY CAUSE OF ACTION BROUGHT PURSUANT TO, IN CONNECTION WITH, OR RELATING TO THE PROVISION OF THE SERVICES OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT SHALL BE TWELVE (12) MONTHS FROM THE FIRST ACCRUAL OF THE CAUSE OF ACTION.
16.5 General Rules. AN ARBITRATOR SHALL HAVE THE AUTHORITY TO ARBITRATE DISPUTES BETWEEN THE REAP AND ONE INDIVIDUAL SUBSCRIBER ONLY. THE ARBITRATION SHALL BE HEARD AND DECIDED NO LATER THAN SEVEN (7) MONTHS AFTER THE NOTICE OF ARBITRATION IS FILED WITH THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATORS SHALL HEAR AND DETERMINE ANY PRELIMINARY ISSUE OF LAW ASSERTED BY A PARTY TO BE DISPOSITIVE OF ANY CLAIM, IN WHOLE OR IN PART, IN THE MANNER OF A COURT HEARING A MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR FOR SUMMARY JUDGMENT, PURSUANT TO SUCH TERMS AND PROCEDURES AS THE ARBITRATORS DEEM APPROPRIATE. NO WITNESS OR PARTY MAY BE REQUIRED TO WAIVE ANY PRIVILEGE RECOGNIZED UNDER ILLINOIS LAW. THE HEARING SHALL NOT LAST LONGER THAN ONE (1) DAYS UNLESS ALL PARTIES AGREE OTHERWISE, WITH TIME TO BE DIVIDED EQUALLY BETWEEN SUBSCRIBER AND REAP. IN THE EVENT OF SUCH ARBITRATION EACH PARTY SHALL SELECT AN IMPARTIAL ARBITRATOR AND THE PARTIES' IMPARTIAL ARBITRATORS SHALL SELECT A CHIEF ARBITRATOR FROM A LIST PROVIDED BY THE AMERICAN ARBITRATION ASSOCIATION.
16.6 Discovery. FOR GOOD CAUSE SHOWN, THE ARBITRATORS MAY PERMIT EACH SIDE TO SERVE NO MORE THAN TEN (10) DOCUMENT REQUESTS (INCLUDING SUBPARTS) AND TEN (10) INTERROGATORIES (INCLUDING SUBPARTS) ON THE OPPOSING PARTIES. FOR GOOD CAUSE SHOWN, THE ARBITRATORS MAY PERMIT EACH SIDE TO SUBPOENA NO MORE THAN THREE (3) WITNESSES FOR TESTIMONIAL DEPOSITIONS (EACH DEPOSITION NOT TO EXCEED TWO (2) HOURS OF EXAMINATION BY THE PARTY WHO HAS SUBPOENAED THE WITNESS). ANY DISCOVERY AS SET FORTH ABOVE SHALL BE GOVERNED BY THE FEDERAL RULES OF CIVIL PROCEDURE AND THE PRECEDENTS APPLICABLE TO CASES BROUGHT IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ILLINOIS. NO OTHER DISCOVERY SHALL BE PERMITTED EXCEPT BY WRITTEN AGREEMENT OF ALL PARTIES. THE PARTIES AND THE ARBITRATORS SHALL TREAT ALL ASPECTS OF THE ARBITRATION PROCEEDINGS, INCLUDING, WITHOUT LIMITATION, DISCOVERY, TESTIMONY, AND OTHER EVIDENCE, BRIEFS, AND THE AWARD, AS STRICTLY CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE TO ANY THIRD PARTY OR ENTITY, OTHER THAN TO THE PARTIES, THE ARBITRATORS, AND THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATORS MUST GIVE FULL EFFECT TO THE APPLICABLE LAW AND TO ALL TERMS OF THIS AGREEMENT, AND ARE SPECIFICALLY DIVESTED OF ANY POWER TO RENDER DECISIONS IN DEROGATION THEREOF OR EX AEQUO ET BONO.
16.7 Decision. THE ARBITRATORS SHALL ISSUE WRITTEN FINDINGS OF FACT AND CONCLUSIONS OF LAW, THE DECISIONS OF THE ARBITRATORS WILL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED, AND JUDGMENT UPON ANY DECISION OF THE ARBITRATORS MAY BE ENTERED IN THE HIGHEST COURT OF ANY FORUM, FEDERAL OR STATE, HAVING JURISDICTION THEREOF.
Updated December 2014