CONSUMER ASSISTANCE AND DISCLOSURE AGREEMENT
THIS IS AN AGREEMENT TO CONDUCT A TRANSACTION BY ELECTRONIC MEANS. THIS IS A BINDING CONDUCT WITHOUT A SEPARATE SIGNATURE PAGE UNDER CHAPTER 42.1-UNIFORM ELECTRONIC TRANSACTIONS ACT OF THE CODE OF VIRGINIA.
I AGREE TO ALL OF THE FOLLOWING IN CONSIDERATION OF RECEIVING INFORMATION ABOUT A COMPANY OR INDIVIDUAL PROVIDING ME SERVICES OF PRODUCTS WHICH I FOUND ON THE FUNERAL RESOURCES.COM WEBSITE:
2. Binding Contract
You have the opportunity to read and examine the terms of this Agreement carefully before using the services of Funeral Cources.com. You have the opportunity to consult legal counsel before entering into this Agreement. By accessing or using the services of Funeral Resources.com, you agree that this is a binding legal agreement that may otherwise limit your rights and remedies. You intend this is to be the legal equivalent of a signed and binding legal agreement of yours. By clicking on the “I Agree” portion of the Funeral Resources.com website, you are agreeing that you have signed this Agreement with the same force and effect as if your signature was written in ink on this Agreement. If you do not intend to be bound by the terms and conditions of the Agreement, then do not use the services of Funeral Resources.com. YOU AGREE TO CONDUCT A TRANSACTION BY ELECTRONIC MEANS. UNDER CHAPTER 42-1 OF THE UNIFORM ELECTRONIC TRANSACTIONS ACT OF THE CODE OF VIRGINIA, THIS IS A BINDING CONTRACT AND NO SEPARATE SIGNATURE IS REQUIRED. WHEN YOU OBTAIN INFORMATION REGARDING MEMBERS OF THE FUNERAL RESOURCES NETWORK, YOU HAVE CONSENTED TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. CHAPTER 43-UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT OF THE CODE OF VIRGINIA.
3. HOLD HARMLESS AND INDEMNIFICATION
You agree to hold harmless and indemnify Funeral Resources.com and its subsidiaries, affiliates, officers, agents, and employees, from and against any claim, suit or action arising from or in any way related to your use of the services or products of a company or person you contact from the Funeral Resources.com website or from your violation of this Agreement, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Funeral Resources.com will provide you with written notice of such claim, suit or action.
3. NO LIABILITY FOR ACTIONS OR INACTIONS OF FUNERAL ADVISORS.COM OR COMPANY OR PERSONS YOU C0NTACT FROM THE FUNERAL RESOURCES.COM WEBSITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. — USE AT YOUR OWN RISK. THE — USE BY YOU OF ANY SERVICES OF FUNERAL RESOURCES.COM IS AT YOUR SOLE RISK. THE NAMES AND CONTACT INFORMATION OF THE PROFESSIONALS, COMPANIES OR INDIVIDUALS PROVIDED TO YOU IS PROVIDED ON AN “AS IS” AND ‘WITH ALL FAULTS” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUNERAL RESOURCES.COM 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, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THE FITNESS, SUITABILITY AND APPROPRIATENESS OF ANY PRODUCT OR SERVICE OBTAINED BY YOU FROM A COMPANY OR PERSON LISTED ON THE FUNERAL RESOURCES.COM WEBSITE.
B. FUNERAL RESOURCES.COM NOT RESPONSIBLE FOR SERVICES OR PRODUCTS PROVIDED. FUNERAL RESOURCES.COM REQUIRES THAT ANY COMPANY OR PERSON LISTED BY FUNERAL RESOURCES.COM COMPLETE AN APPLICATION AND REPRESENT THAT THEY HAVE THE EXPERIENCE, QUALIFICATIONS AND CRITERIA OF FUNERAL RESOURCES.COM AS POSTED ON THE WEBSITE OF FUNERAL RESOURCES.COM AND TO BE PRE-SCREENED AND QUALIFIED BEFORE BEING PERMITTED TO BE LISTED ON THE WEBSITE OF FUNERAL RESOURCES.COM. FOR THE PURPOSES OF THIS AGREEMENT, “PRE-SCREENED AND QUALIFIED’ MEANS THAT THE MEMBER HAS REPRESENTED TO FUNERAL RESOURCES.COM THAT THE MEMBER MEETS ALL OF THE REQUIREMENTS AT THE TIME OF THEIR APPLICATION AND AT ALL TIMES THEY ARE A MEMBER POSTED ON THE WEBSITE OF FUNERAL RESOURCES.COM. IN ADDITION, FUNERAL RESOURCES.COM REQUIRES AS PART OF THE AGREEMENT WITH A MEMBER OF ITS NETWORK THAT THE MEMBER WILL PROMPTLY REPORT TO FUNERAL RESOURCES.COM ANY COMPLAINT BY A CUSTOMER OR GOVERNMENTAL AGENCY OR ANY CRIMINAL OR CIVIL ACTION RELATED TO THE PROVISION OF SERVICES OR PRODUCTS AGAINST A MEMBER OF THE FUNERAL RESOURCES.COM NETWORK. HOWEVER, FUNERAL RESOURCES.COM WILL NOT PARTICIPATE IN THE DISCUSSIONS BETWEEN YOU AND THE MEMBER OR REVIEW OR KNOW ABOUT THE RECOMMENDATIONS FOR PRODUCTS OR SERVICES MADE BY A MEMBER OF THE FUNERAL RESOURCES.COM NETWORK. YOU AGREE AND UNDERSTAND THAT YOU BEAR THE RISK OF LOSS OF FUNDS OR ASSETS OR WHETHER YOU SUFFER DAMAGES OR EMOTIONAL DISTRESS AS A RESULT OF YOUR ACCEPTANCE OF THE RECOMMENDATIONS OF A MEMBER OF THE FUNERAL RESOURCES.COM NETWORK AND THAT FUNERAL RESOURCES.COM DOES NOT BEAR THIS RISK OF LOSS FOR YOU. YOU AGREE THAT IF YOU HAVE LOST FUNDS OR ASSETS OR SUFFERED ANY DAMAGES OR EMOTIONAL DISTRESS OR HAVE BEEN SUBJECT TO ANY DISCRIMINATION OR ADVERSE ACTIONS OR INACTIONS BY A MEMBER OF THE FUNERAL RESOURCES.COM NETWORK, YOU AGREE TO PROMPTLY REPORT SUCH MATTERS TO FUNERAL RESOURCES.COM. BY MAKING SUCH REPORT TO FUNERAL RESOURCES.COM, YOU BEAR THE RISK OF ANY POTENTIAL LIABILITY FOR LIBEL OR SLANDER CLAIMS BY A MEMBER OF THE FUNERAL RESOURCES.COM NETWORK AGAINST YOU. THIS LIMITATION ON THE LIABILITY OF FUNERAL RESOURCES.COM IS NOT A LIMITATION ON THE LIABILITY OF ANY MEMBER OF THE FUNERAL RESOURCES.COM NETWORK FOR UNSUITABLE, IMPROPER, FRAUDULENT, UNETHICAL, ILLEGAL ACTIONS OR INACTIONS INVOLVING THE PROVISION OF SERVICES OR PRODUCTS TO YOU.
C. FUNERAL RESOURCES.COM MAKES NO GUARANTEES. FUNERAL RESOURCES.COM DOES NOT MAKE ANY WARRANTY OR GUARANTEE (I) THAT THE LISTED MEMBER OF FUNERAL REOURCES.COM WILL PROVIDE SERVICES OR PRODUCTS TO YOUR SATISFACTION OR (II) THAT ANY DEFECTS IN THE SERVICES OR PRODUCTS OF A MEMBER WILL BE CORRECTED BY FUNERAL RESOURCES.COM OR BY ANY OTHER PERSON. FUNERAL RESOURCES.COM RELIES UPON THE REPRESENTATIONS AND CERTIFICATIONS OF THE MEMBERS OF THE FUNERAL RESOURCES.COM NETWORK THAT SUCH MEMBER IN FACT MEETS THE CRITERIA AND QUALIFICATIONS AT THE TIME OF THEIR ACCEPTANCE INTO THE NETWORK AND AT ALL TIMES THEY ARE A MEMBER. FUNERAL RESOURCES.COM DOES NOT MAKE AN INDEPENDENT AUDIT OF THE REPRESENTATIONS AND CERTIFICATIONS OF A MEMBER. FUNERAL RESOURCES.COM MAKES NO WARRANTY AND DISCLAIMS ANY IMPLIED WARRANTY FOR THE ACCURACY OF THE INFORMATION ON ITS WEBSITE OR ABOUT THE MEMBERS OF THE FUNERAL RESOURCES.COM NETWORK. THERE IS NO WARRANTY THAT THIS INFORMATION, OUR EFFORTS, OR THE SYSTEM WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. EXCEPT FOR EXPRESS WARRANTIES STATED IN THIS CONTRACT, IF ANY, THIS INFORMATION IS PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE — USER. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION OR AGAINST INFRINGEMENT.
D. — USE IN YOUR DISCRETION. ANY CONTENT OR INFORMATION PROVIDED YOU BY FUNERAL RESOURCES.COM OR OTHERWISE OBTAINED THROUGH THE — USE OF THE SERVICES OF FUNERAL RESOURCES.COM IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY SUCH CONTENT OR MATERIAL PROVIDED BY FUNERAL RESOURCES.COM.
E. FUNERAL RESOURCES.COM MAKES NO IMPLIED OR EXPRESS WARRANTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FUNERAL RESOURCES.COM THROUGH THE — USE OF THE SERVICES OF FUNERAL RESOURCES.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OR IN THIS AGREEMENT.
F. STORAGE OF DATA. YOU UNDERSTAND THAT FUNERAL RESOURCES.COM HAS CONTRACTED WITH A SOFTWARE AND COMPUTER SERVICES COMPANY TO RECEIVE YOUR CONTACT INFORMATION. FUNERAL RESOURCES.COM WILL NOT PROVIDE THIS INFORMATION TO MEMBERS OF THE FUNERAL RESOURCES.COM NETWORK. THIS DATA WILL BE STORED IN A COMPUTER MANAGED BY THE SOFTWARE AND COMPUTER COMPANY, BUT NOT ON A PERMANENT BASIS. IN THE CONTRACT WITH THIS SOFTWARE AND COMPUTER COMPANY, FUNERAL RESOURCES.COM HAS CONTRACTED FOR THE PROVISION OF PRIVACY OF YOUR CONTACT INFORMATION. YOU AGREE THAT YOU ARE NOT A THIRD PARTY BENEFICIARY OF THE CONTRACT BETWEEN FUNERAL RESOURCES.COM AND THE SOFTWARE AND COMPUTER COMPANY. YOU AGREE TO MAKE NO CLAIM AGAINST FUNERAL RESOURCES.COM AS A RESULT OF A DEFECT, FAILURE OR INACTION BY THE SOFTWARE AND COMPUTER COMPANY IN REGARDS TO THE PROTECTION OF YOUR CONTACT INFORMATION. IF YOU HAVE ANY REASON TO BELIEVE THAT YOUR CONTACT INFORMATION HAS NOT REMAINED PRIVATE, YOU AGREE TO PROMPTLY REPORT SUCH MATTER TO FUNERAL RESOURCES.COM.
G. YOU UNDERSTAND. YOU REPRESENT THAT YOU HAVE HAD AN OPPORTUNITY TO READ AND UNDERSTOOD ALL OF THE PROVISIONS OF THIS AGREEMENT. YOU AGREE THAT YOU HAVE HAD THE OPPORTUNITY TO CONSULT COUNSEL PRIOR TO ENTERING INTO THIS AGREEMENT. TO THE EXTENT THAT YOU HAVE DECIDED TO ENTER INTO THIS AGREEMENT WITHOUT READING ALL OF IT OR ANY OF IT OR HAVE DECIDED NOT TO CONSULT COUNSEL, YOU HAVE ASSUMED THE RISK OF THE PROVISIONS OF THIS AGREEMENT. YOU AGREE THAT THIS IS A BINDING AGREEMENT ON YOU.
4. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FUNERAL RESOURCES.COM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, — USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FUNERAL RESOURCES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE — USE OR SUITABILITY OF ANY PRODUCT OR SERVICE YOU RECEIVE FROM A MEMBER OF THE FUNERAL RESOURCES.COM NETWORK; (II) THE COST OF THE PROCUREMENT OF SUBSTITUTE OR PRODUCTS TO REPLACE THE POOR PERFORMANCE OR SERVICES OR PRODUCTS RECOMMENDED OR PROVIDED BY A MEMBER (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES OF FUNERAL RESOURCES.COM. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
5. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CA– USED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN PARAGRAPHS 3 AND 4 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND FUNERAL RESOURCES.COM’ S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS AGREEMENT COMPLIES WITH PROVISIONS OF CHAPTER 43 UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT OF THE CODE OF VIRGINIA WHICH PERMITS THE LIMITATIONS ON LIABILITY AND EXCLUSIONS OF EXPRESS AND LIMITED WARRANTIES AS SET FORTH IN THIS AGREEMENT.
6. NO THIRD PARTY BENEFICIARIES; DEFINITIONS
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. You agree to the following definitions and additional agreements:
A. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between you and Funeral Resources.com relating to the services of Funeral Resources.com and governs your use of the services of Funeral Resources.com, superseding any prior or contemporaneous agreements between you and Funeral Resources.com regarding the services of Funeral Resources.com. Nothing on the Funeral Resources.com website varies the terms and conditions of this Agreement.
B. CHOICE OF LAW AND FORUM. THIS AGREEMENT AND THE RELATIONSHIP BETWEEN YOU AND FUNERAL RESOURCES.COM SHALL BE GOVERNED BY THE LAWS OF THE STATE OF VIRGINIA WITHOUT REGARD TO ANY CONFLICT OF LAW PROVISION TO THE CONTRARY. YOU AND FUNERAL RESOURCES.COM AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE COURTS LOCATED WITHIN THE COUNTY OF FAIRFAX, VIRGINIA OR THE FEDERAL DISTRICT COURT OF NORTHERN VIRGINIA AND APPELLATE COURTS FROM THOSE COURTS.
C. LEGAL FEES AND COSTS. In the event that you commence litigation or a complaint against Funeral Resources.com in any forum, agency or court, and Funeral Resources.com prevails in 51% of the disputed matters between you and Funeral Resources.com, you agree to pay the legal fees and costs of Funeral Resources.com in any such dispute, matter or action.
D. WAIVER AND SEVERABILITY OF TERMS. The failure of Funeral Resources.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
E. FUNERAL RESOURCES.COM. When or where used in this Agreement, “Funeral Resources.com” shall refer to Funeral Resources.com and to Endorsed Professionals LLC, a Virginia Limited Liability Company, and any its affiliates, subsidiaries, assigns, agents, officers, employees, managers, or members.
D. STATUE OF LIMITATIONS. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services of Funeral Resources.com or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
E. SERVICES OF FUNERAL RESOURCES.COM. When or wherever referred to this Agreement, “services of Funeral Resources.com” shall include, but not be limited to, the provisions of contact information of a Member of the Funeral Resources.com Network, the review of the qualifications, pre-screening, education, and ethics of a Member of the Funeral Resources.com Network, any products or services provided to you or other persons by Funeral Resources.com.
F. HEADINGS. The paragraph and subparagraph headings in this Agreement are for convenience only and have no legal or contractual effect.
G. LIQUATED DAMAGES. You are not paying a fee to use the information obtained from the Funeral Resources.com website. Funeral Resources.com is not responsible for the quality, effectiveness or consequential results from any product or service provided by a Member of the Funeral Resources.com Network. Therefore, you agree that any damages suffered by you that you may recover from Funeral Resources.com are to be liquidated to a sum of $1,000 and this $1,000 is reasonable in light of the loss anticipated at the time of contracting, the actual loss as a result of the actions of Funeral Resources.com and the actual or anticipated loss in the event of a breach.
H. ASSIGNMENT AND TRANSFER OF INFORMATION. You have not been provided a license, any property rights or ownership to the information provided to you by Funeral Reources.com. You have no right or ability to sell, transfer or assign any information obtained from the Funeral Resources.com website. You shall have no right to assign this Agreement to any person. No person may use the Funeral Resources.com website Member resources except by consent to this Agreement.
I. COMMENTS. If you have comments regarding how Funeral Resources.com, could improve the services of Funeral Resources.com or any actions or inaction of a Member of the Funeral Resources.com Network, please visit http://www.Funeral Resources.com.com/support/pack and enter your comments. Please note that by doing so, you also grant Funeral Resources.com the right to use and incorporate your ideas or comments without restriction and without compensation.
Funeral Resources.com has the right to propose modifications of this Agreement at any time and in the frequency deemed desirable by Funeral Resources.com. Funeral Resources.com will make amendments to this Agreement by posting the terms of those modifications to this Agreement on the website of www.funeralresources.com in the Consumer area. In the event that Funeral Resources.com proposes an amendment of this Agreement, Funeral Resources.com will provide one thirty (30) calendar day notice by electronic means to the email address you provided of the fact only that an amendment has been proposed by Funeral Resources.com. It shall be your responsibility to review the proposed change. You shall have thirty (30) calendar days from the receipt of the notice of the proposed amendments to this Agreement to consent to the proposed amendments or to decline to consent to the proposed amendments. If you consent to the proposed amendment, then this Agreement shall be amended by the proposed amendments and all of the terms and conditions of this Agreement shall continue in full force and effect except as amended by the proposed amendments. In the event that you send notice by electronic mail or the US Postal Service or by a private delivery service that you decline to consent to the proposed amendment, then this Agreement shall be automatically cancelled and you shall no longer be able to use the website or services of Funeral Resources.com. YOU RETAIN THE RIGHT TO TERMINATE THE CONTRACT AS TO FUTURE PERFORMANCE IF THE CHANGE ALTERS A MATERIAL TERM AND YOU HAVE DETERMINED IN GOOD FAITH THAT THE MODIFICATION IS UNACCEPTABLE. TO TERMINATE THIS CONTRACT, YOU MUST NOTIFY FUNERAL RESOURCES.COM OF THIS TERMINATION. YOUR NON ACTION IN REGARDS TO AN AMENDMENT OR FAILURE TO NOTIFY FUNERAL RESOURCES.COM OR YOUR CONTINUATION TO — USE THE SERVICES OF FUNERAL RESOURCES.COM AFTER A MODIFICATION SHALL BE DEEMED AN ELECTRONIC CONSENT TO THE AMENDMENT UNDER CHAPTER 42-1 OF THE UNIFORM ELECTRONIC TRANSACTIONS ACT OF THE CODE OF VIRGINIA.
8. ARBITRATION AND JURISDICTION.
You agree that all disputes with and claims against Funeral Resources.com relating to, or arising out of, the services of Funeral Resources.com shall be finally determined by binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”). To the fullest extent permitted by law: (a) no arbitration under this Provision shall be joined to any other arbitration, including any arbitration involving any other current or former Member of the Funeral Resources.com Network; (b) no class arbitration proceedings shall be permitted under this Provision; (c) no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration under this Provision; and (d) no conclusion of law in any other arbitration may be given any weight in any arbitration under this Provision. Your arbitration fees and your share of arbitrator compensation will be limited to those set forth in the AAA’s Consumer Rules. This Provision shall be governed by the law of the State of Virginia. You hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Virginia to enforce this Provision. The court, not the arbitrator, shall determine arbitrability and enforce this Provision, including the prohibition on consolidated arbitrations and class arbitration. As permitted under the AAA’s Consumer Rules, the arbitrator’s fees will be shared equally by the parties and each party will initially bear its own costs and attorney’s fees, but the prevailing party shall be reimbursed by the other party for all attorney’s fees, witness fees, and arbitration costs. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement.