Last Updated: 05/21/2021
THIS TN SERVICE AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND BOUNDLESS, AND BOTH YOU AND BOUNDLESS WAIVE THE RIGHT TO A JURY TRIAL OR CLASS ACTION. PLEASE READ SECTION 15 CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES AND WILL HAVE A SUBSTANTIAL EFFECT ON HOW DISPUTES BETWEEN YOU AND BOUNDLESS WILL BE RESOLVED.
The summaries of provisions under “More simply” are provided as a courtesy to help you understand this Agreement, but they are not legally binding and do not modify this Agreement in any way.
SCOPE
This TN Service Agreement (“Agreement”) is between you and Boundless Immigration Inc. (“Boundless”) and contains the terms and conditions applicable to your use of the Boundless TN Service (“TN Service”) including your access to and use of the Boundless website located at www.boundless.com (including all subdomains) (the “Site”) in connection with your use of the TN Service. By clicking “I Agree” online indicating that you agree to this Agreement, you agree to be legally bound by these terms and conditions. If you are agreeing to this Agreement on behalf of a company or other legal entity, you represent that you have the authority to, and do hereby bind such entity to this Agreement. If you use the TN Service, this Agreement, and not the Boundless Terms of Use Agreement, governs your relationship with Boundless and your use of the Site. Your use of the Site and TN Service is also subject to the terms of the Boundless Privacy Notice.
If you do not agree to the terms of this Agreement and the Privacy Notice, you may not access or use the Site or TN Service. The Site and TN Service are intended for use by persons 18 years of age or older. If you are under 18 years of age, you may not access or use the Site or TN Service.
THE TN SERVICE PROVIDES ACCESS TO REVIEW OF YOUR INFORMATION BY AN INDEPENDENT ATTORNEY. YOUR RELATIONSHIP WITH THE INDEPENDENT ATTORNEY WILL BE GOVERNED BY THE SEPARATE ATTORNEY AGREEMENT.
MORE SIMPLY
If you use the Boundless website or TN Service, you are agreeing to these terms. If you don’t agree to the terms, or if you are under 18 years of age, you may not use the website or the TN Service.
DESCRIPTION OF TN SERVICE
The TN Service is designed to assist employers in obtaining TN (Trade NAFTA) nonimmigrant status for their qualified employees. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level. Boundless provides information and step-by-step instructions intended to make the application process for obtaining TN nonimmigrant status easier and less confusing. While Boundless strives to assist as many people as possible, the TN Service may not be appropriate for use in all circumstances, even where an employee may be eligible to obtain TN status under applicable law. Boundless will advise you in the event the TN Service is not suitable for use in any particular instance.
Boundless is not affiliated with or endorsed by USCIS or any United States government agency. All USCIS and other forms are available without cost from USCIS and other applicable agencies. Use of the Boundless Site and TN Service is not required to complete and file such forms.
MORE SIMPLY
United States Citizenship and Immigration Services (USCIS) is the government agency that oversees many U.S. immigration benefits. USCIS provides required forms for free. Boundless is a private company and has no affiliation with USCIS. You are not required to use Boundless to complete USCIS forms.
NOT A LAW FIRM
BOUNDLESS IS NOT A LAW FIRM AND IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY AND ITS SERVICES SHOULD NOT BE CONFUSED WITH LEGAL ADVICE. YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT AND YOUR ACCESS AND USE OF THE BOUNDLESS SITE AND TN SERVICE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND BOUNDLESS. THE TN SERVICE PROVIDES FOR REVIEW OF YOUR INFORMATION AND RECOMMENDATIONS BY AN INDEPENDENT ATTORNEY. YOUR RELATIONSHIP WITH THE INDEPENDENT ATTORNEY WILL BE GOVERNED BY THE SEPARATE ATTORNEY AGREEMENT. IF YOU HAVE QUESTIONS REGARDING LEGAL MATTERS OR NEED LEGAL ADVICE YOU ARE ADVISED TO CONSULT A LICENSED ATTORNEY.
MORE SIMPLY
Boundless provides information and assistance in obtaining TN nonimmigrant status for qualified employees. However, Boundless is not a law firm and you are not engaging Boundless to provide legal advice to you. Boundless cannot, and does not, provide legal advice. An independent attorney will review your information and provide recommendations, and your relationship with the attorney will be governed by a separate agreement between you and the attorney.
TN SERVICE PROCESS
4.1. Providing Initial Information
To begin the TN Service process, both the employer and the applicable employee will be required to provide certain initial information to Boundless, including information about the employer, information about the employee and information about the employee’s position and the employee’s length of stay. This initial information will be used to make a preliminary determination of whether the employee may be eligible for TN status in connection with the position and whether the TN Service is suitable for obtaining TN status.
4.2. Independent Attorney Review
If it is initially determined that the employee may be eligible for TN status in connection with the position and use of the TN Service is suitable, Boundless will provide the information obtained from the employer and/or employee to an independent attorney. The attorney’s services will be governed by the terms of the separate Attorney Agreement between the employer and the independent attorney.
The independent attorney will review the information provided by the employer and/or employee, make a final determination of whether the employee is eligible for TN status, and through the TN Service will provide a recommendation to the employer on the job title, job description, credentials to present, and method of application. Based on these recommendations, the independent attorney will prepare a recommended letter that is required to be provided to the appropriate U.S. governmental agency when applying for TN status for the employee. The independent attorney may also request that the employer upload additional application materials to the TN Service if any prior materials are deemed to be expired, invalid or otherwise not appropriate.
4.3. Submission of TN Status Application Materials
Following the completion of the support letter and a final review by the independent attorney, the employer or employee will be required to submit the required application materials directly to the appropriate governmental agency or authority and pay certain fees to the agency or authority (see Section 6.2 for additional information about these fees). Depending on the recommended method of application, application materials may be submitted to U.S. Customs and Border Protection, to USCIS or through a U.S. Embassy or Consulate.
MORE SIMPLY
Boundless will walk the employer and employee step-by-step through the process to obtain TN status approval and will provide access to an independent attorney who will provide advice and counsel. Following review and approval of all required materials by the independent attorney, the employer or employee, not Boundless, will be required to submit the application materials to the appropriate agency or authority.
USE OF SERVICES
5.1. License Grant to You. Subject to your complete compliance with the provisions of this Agreement, you are granted a limited, non-exclusive, non-transferable, revocable license to use the Site and TN Service solely in the manner authorized and intended by Boundless. Any rights not expressly granted in this Agreement are expressly reserved by Boundless. The resale or distribution of materials made available on the Site without the express, written consent of Boundless is prohibited. All such materials are authorized only for your own personal use.
MORE SIMPLY
We are granting you permission to use our website in connection with your use of the TN Service, but only in the ways described in this Agreement. You can’t transfer this permission to others. You can’t sell or give the information or content we provide to you to others.
5.2. Restrictions on Your Access to and Use of Site and TN Service. In connection with your access to or use of the Site and TN Service, you are prohibited from:
Submitting false, inaccurate, misleading or deceptive information, or failing to disclose information requested by Boundless or required to be included or disclosed on a USCIS form or other government form may result in your application being denied by the applicable government agency and Boundless will not have any liability to you as a result of such actions.
Violations of system or network security may result in civil or criminal liability. Boundless will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
MORE SIMPLY
Even though we are giving you permission to use our website and the TN Service, there are a number of things you are not allowed to do. These include things such gaining access through certain prohibited means, interfering with other users, breaking the law, or introducing viruses into our website and systems. If you do some of these things, we may inform authorities, and you may incur legal liability.
FEES
6.1. Service Fee. Boundless charges employers a fee for use of the TN Service (“Service Fee”). A portion of the Service Fee is retained by Boundless and a portion of the Service Fee is paid to the independent attorney that assists in preparing the materials necessary to obtain TN status for the applicable employee. Currently, the Service Fee is $1,000.00, of which $60.00 is paid to the independent attorney that provides assistance.
6.2. Government Fees. USCIS and other agencies charge fees for the filing and processing of applications (“Government Fees”). Government Fees are separate from the Service Fee and Attorney Fee and must be paid to the applicable government agency or authority at the time of filing. Unless we indicate otherwise, you remain responsible for paying Government Fees directly to the applicable government agency or authority.
MORE SIMPLY
Boundless collects a fee from employers using the TN Service which include a Boundless service fee and a fee paid to the independent attorney that assists you. Those fees will be listed on our website. The fees collected by Boundless do not include separate fees charged by USCIS or other government agencies or authorities.
6.3. Payment of Service Fee. As an employer using the TN Service, you will be required to provide Boundless with valid, up-to-date credit card or other payment information. You authorize Boundless to charge your credit card or other payment method for all Service Fees you incur as they become due and payable. You are responsible for maintaining up-to-date payment information. If we cannot charge you for Service Fees when due because your payment information is incorrect or no longer valid, or if we do not receive your payment when due, Boundless will have no obligation to provide the TN Service to you.
MORE SIMPLY
To pay for the TN Service, you’ll need to use a credit card or other approved method of payment. We require accurate information about your payment method in order to process payment. If we can’t process your payment, we don’t have to provide services to you.
6.4. Refunds/Credits. If you are an employer and believe there has been a billing error or you are not satisfied with the TN Service, please contact our customer service department at help@boundless.com so that we may try to resolve your issue, which may include providing a full or partial refund of the amount you paid, or issuance of a credit. Any request for a refund or credit must be made within 30 days of your purchase of the TN Service and prior to filing your application materials with the relevant government agency or authority. Boundless reviews requests for refunds and credits on a case-by-case basis, and you may be required to provide us with additional information or documentation. The determination of whether to issue a refund or credit, other than a refund due to a billing error by Boundless, shall be made in Boundless’ sole discretion, in good faith, and we reserve the right to deny a request for a refund or credit.
MORE SIMPLY
If we have made a billing error, we will issue a refund to an employer. In the unlikely event that an employer is not happy with our services, please contact us. We’ll try to resolve the issue and we may provide a refund or issue a credit if appropriate.
INTELLECTUAL PROPERTY RIGHTS
All materials, including text, images, videos, illustrations, designs, icons, photographs, software, programs and written and other materials that are part of the Site or accessible through the TN Service, other than Customer Data (collectively, “Boundless Content”), is the property of Boundless or its licensors. Boundless Content is intended solely for personal use. No right, title or interest in any Boundless Content is transferred to you by way of this Agreement or otherwise. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Boundless Content, the Site or any related software. BOUNDLESS and the Boundless Logo are trademarks of Boundless Immigration Inc.
MORE SIMPLY
Our website (including software underlying the website) and its contents are owned by Boundless or others who have given Boundless permission to use the contents. While we are giving you permission to use our website, we are not transferring any ownership of the website or its contents to you. You are not allowed to make copies of our website or its contents.
CUSTOMER DATA AND SECURITY
8.1. Customer Data. You retain all right, title and interest in and to all information, data, content, and materials you upload, transmit or otherwise submit to Boundless to or through the TN Service, including through use of the Site (“Customer Data”). Subject to the terms of this Agreement, and solely to the extent necessary to provide the TN Service to you, you grant us a worldwide, limited term license to access, use, process, copy, distribute, perform, export, and display Customer Data. Solely to the extent that reformatting Customer Data for display constitutes a modification or derivative work, the foregoing license also includes the right to make modifications and derivative works of Customer Data. You represent and warrant that: (i) you have obtained all necessary rights, releases and permissions to submit all Customer Data to Boundless and to grant the rights granted to Boundless in this Agreement and (ii) Customer Data and its submission and use as you authorize in this Agreement will not violate (a) any applicable laws or (b) any third-party intellectual property, privacy, publicity or other rights. Other than our express obligations under this Agreement, we assume no responsibility or liability for Customer Data, and you are solely responsible for the Customer Data you submit, including its accuracy, quality, integrity, legality, and the consequences of submitting and using it with the TN Service.
8.2. Privacy. We collect certain data and information about you in connection with your use of the Site and the TN Service. We collect and use all such data and information in accordance with our Privacy Notice, which you acknowledge.
8.3. Security. Boundless implements and maintains physical, technical and administrative security measures designed to protect Customer Data from unauthorized access, destruction, use, modification, or disclosure.
COPYRIGHT INFRINGEMENT
Boundless respects the intellectual property of others. We strive to respond promptly to proper notices of copyright infringement by removing or disabling access to allegedly infringing material. It is Boundless’ policy to terminate the access privileges of those who repeatedly infringe the copyrights of others.
Submitting a Copyright Infringement Notification. If you believe that any material appears on the Site in a way that infringes the copyright in a work owned by you, please send a notification containing the following information to Boundless’ Copyright Agent:
Boundless’ Copyright Agent can be reached at the following address:
Boundless Immigration, Inc.Attn: Copyright Agent2101 4th Ave., Ste. 850Seattle, WA 98121copyright@boundless.com
When Boundless removes material or disables access to material in response to an infringement notification, Boundless will make a reasonable attempt to contact the allegedly infringing party, provide information about the notification and removal, and provide information about submitting a counter-notification. Boundless may also provide a copy of the infringement notification to the allegedly infringing party.
Submitting a Counter-Notification. If you believe that any material identified in a copyright infringement notification is not infringing, or that you have the authorization from the copyright owner, from the copyright owner’s agent, or pursuant to the law, to post and use the material complained of, you may send a counter-notification containing the following information to Boundless’ Copyright Agent (identified above):
If Boundless receives a counter-notification, we may send a copy of the counter-notification to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the original complaining party files an action seeking a court order against the person who provided the allegedly infringing material, the removed material may be replaced, or access to it restored, 14 business days or more after receipt of the counter-notification, at Boundless’ sole discretion.
MORE SIMPLY
The Digital Millennium Copyright Act (DMCA) is a U.S. law that provides a method for copyright owners to object to unauthorized use of their materials by others, including website operators such as Boundless. If you think material owned by you and protected under copyright laws is being used by Boundless without your authorization, you can follow the steps outlined above to notify us.
THIRD PARTY SERVICES
References on the Site to any third parties, including persons or companies, and to any products or services of such third parties, are provided solely as a convenience to you. Boundless does not endorse, recommend, approve of or make any representations or warranties regarding any third parties or their products or services. Without limiting the foregoing, Boundless is not a lawyer referral service, and makes no representations or warranties regarding any law firms or attorneys that may be referenced on the Site, including whether any such law firm or attorney is licensed, qualified, competent or otherwise capable of providing adequate legal advice regarding your specific legal issues. Boundless may provide links to third-party websites. Boundless is not responsible for the content of any third-party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to follow a link to any third-party website, you do so entirely at your own risk.
MORE SIMPLY
We may reference other people or companies on our website, including attorneys or law firms, and we may provide links to other websites, including law firm websites. However, by doing so, we’re not stating our approval of those other people, companies or websites, nor are we making any promises about them. We are not a lawyer referral service. If you visit a website we link to, we are not responsible for anything that occurs with respect to your access or use of that website.
WARRANTY
THE SITE AND THE TN SERVICE ARE PROVIDED BY BOUNDLESS ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOUNDLESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, THE TN SERVICE, OR INFORMATION, CONTENT, OR MATERIALS OFFERED ON THE SITE OR THROUGH THE TN SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BOUNDLESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. BOUNDLESS DOES NOT WARRANT THAT THE SITE OR TN SERVICE ARE COMPLETELY FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE SITE AND THE TN SERVICE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, AND YOU ACKNOWLEDGE THAT BOUNDLESS WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITH YOU WITHOUT YOUR AGREEMENT TO THE TERMS OF THIS DISCLAIMER. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
MORE SIMPLY
We make no promises about the website or services we provide, and do not guarantee that our services are right for you. You are responsible for determining whether or not you should use our website or services. While we strive to provide accurate information, we can’t guarantee that our information will always be up to date or error-free. If you do use our website or services, you do so at your own risk.
LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BOUNDLESS, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR TN SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF BOUNDLESS, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. WITHOUT LIMITING THE FOREGOING, BOUNDLESS WILL NOT BE LIABLE TO YOU FOR ANY SERVICES RENDERED BY ANY INDEPENDENT ATTORNEY YOU ENCOUNTER ON OR THROUGH THE TN SERVICE, AND ANY USE OR RELIANCE ON THE SERVICES PROVIDED BY AN INDEPENDENT ATTORNEY IS AT YOUR OWN RISK.
IN NO EVENT WILL BOUNDLESS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE OR TN SERVICE DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
MORE SIMPLY
Our liability to you resulting from your use of our website or services will be limited to the amount of fees you paid to us during the six months immediately before any event that you believe gives rise to our liability.
INDEMNIFICATION
13.1. Indemnification. You (whether you are an employer or employee) agree to defend, indemnify and hold harmless Boundless, its affiliates, and their respective directors, officers and employees from and against any and all third-party claims, damages, costs and expenses, including attorneys’ fees (collectively, “Claims”), arising from or related to (a) your breach of this Agreement (including a breach of any representation or warranty made by you herein), (b) your violation of any law, rule or regulation applicable to you, or (c) your violation or infringement of the rights of a third party.
13.3. Indemnification Procedures. Boundless shall promptly notify you in writing of any Claims with respect to which Boundless seeks indemnification. You shall have sole control of the defense and/or settlement thereof; provided that Boundless shall have the right to participate, at its own expense, with counsel of its own choosing in the defense and/or settlement of such Claim. The indemnification obligations under this Section 13 shall not apply to amounts paid in settlement of any Claim if such settlement is effected without your consent. The failure to deliver written notice to you within a reasonable time after the commencement of any such Claim, if prejudicial to your ability to defend such action, shall relieve you of liability under this Section 13. Boundless shall, at your request and expense, provide full information and reasonable assistance to you and your legal representatives with respect to the defense of the Claim.
MORE SIMPLY
If you breach this Agreement, or you violate applicable laws or the rights of third parties, you will be responsible for covering any expenses we incur (including attorneys’ fees and other legal expenses) as a result of your actions.
TERMINATION
This Agreement shall remain in force and effective unless and until terminated by either you or Boundless. You may terminate this Agreement at any time by providing written notice to Boundless, via email to help@boundless.com. Boundless may terminate this Agreement immediately with or without notice, and/or may deny you access to the Site or TN Service, in Boundless’ sole discretion, in the event you breach, or threaten to breach, any material term of this Agreement. Upon any termination of this Agreement, you must immediately discontinue use of the Site and TN Service. Sections 7 and 11-16 shall survive any termination of this Agreement.
MORE SIMPLY
Both of us have the right to terminate this Agreement under certain circumstances by providing notice to the other. If this Agreement is terminated, you must stop using our website and the TN Service.
DISPUTE RESOLUTION
Please read this carefully. It affects your rights.
Summary:
We believe customer concerns can be resolved quickly by emailing our Customer Care Center at help@boundless.com. If Boundless is unable to resolve your complaint to your satisfaction (or if we have not been able to resolve a dispute with you after trying to do so informally), we each agree to resolve such disputes through binding arbitration or in small claims court, rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, limits discovery, and is subject to very limited review by courts. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
Arbitration Agreement:
15.1. Boundless and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted and include, without limitation:
For the purposes of this Arbitration Agreement, references to “Boundless,” “we,” and “us” include our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns.
Notwithstanding the foregoing, either party may bring an individual action in small claims court or in a court of proper jurisdiction seeking injunctive relief ancillary to arbitration. This Arbitration Agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Boundless are each waiving the right to a trial by jury or to participate in a class action or class or mass arbitration. This Agreement evidences a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of this Agreement.
15.2. A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Boundless should be addressed to: Notice of Dispute, Xiao Wang, CEO, Boundless Immigration Inc., 2101 4th Ave., Ste. 850, Seattle, WA 98121. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If Boundless and you do not resolve the claim within 30 days after the Notice is received, you or Boundless may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Boundless or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Boundless is entitled. You may download or copy a form to initiate arbitration from the AAA website, including for California residents, at https://www.adr.org.
15.3. The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless Boundless and you agree otherwise, any arbitration hearing(s) will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether to conduct the arbitration solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Boundless was a party.
15.4. YOU AND BOUNDLESS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL, INCLUDING IN ARBITRATION. Unless both you and Boundless 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. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) may be severed from the arbitration and brought in court.
15.5. If the amount in dispute exceeds $75,000 (excluding attorney’s fees and expenses) either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
15.6. Notwithstanding any provision in this Agreement or elsewhere to the contrary, Boundless agrees that if we make any changes to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this Agreement, any such termination will not be effective as to this Arbitration Agreement until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
MORE SIMPLY
In the unlikely event you and Boundless get into a dispute that cannot be resolved amicably, we are both agreeing to resolve that dispute through arbitration (or in small claims court where applicable) and we are waiving our rights to have a dispute resolved in a court of law, by a jury, and any right that might otherwise exist to bring or participate in a class action lawsuit.
MISCELLANEOUS
16.1. Consent to Electronic Communications. You consent to receive communications from Boundless electronically, and you agree that all agreements, notices, disclosures and other communications that Boundless provides to you electronically, via email, or on the Site, satisfy any legal requirement that such communications or agreements be in writing.
MORE SIMPLY
You are agreeing that we can communicate with you electronically.
16.2. Assignment. You may not assign your rights under this Agreement without the prior written permission of Boundless and any attempt by you to do so shall be null and void.
MORE SIMPLY
This agreement is between you and Boundless, and you can’t assign your rights under the Agreement to someone else.
16.3. Waiver. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
MORE SIMPLY
If either of us chooses not to take action for a breach of this Agreement by the other, that doesn’t mean that we are waiving our right to take action for a separate breach.
16.4. Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.
MORE SIMPLY
If a court or arbitrator determines that a provision of the Agreement is invalid, that doesn’t affect the other provisions.
16.5. Changes to Agreement. Boundless may make changes to this Agreement at any time. If we make any material changes we will notify you via email to the email address you have provided to us and by posting the revised Agreement on the Site prior to any changes becoming effective. You should review our Agreement each time you access the Site or use the TN Service. Your continued use of the Site or TN Service following the posting of any changes or notice to you of the changes constitutes your agreement to such changes.
MORE SIMPLY
We might change these terms. If we make material changes, we’ll provide notice before the changes take effect. If you use our website or TN Service after the change takes effect, you are agreeing to the new terms.
16.6. Governing Law. This Agreement will be construed in accordance with and governed exclusively by the laws of the State of Washington applicable to agreements made among Washington residents and to be performed wholly within such jurisdiction, regardless of the parties’ actual domiciles.
MORE SIMPLY
The law of Washington state applies to this Agreement.
16.7. Entire Agreement. This Agreement, including all agreements referred to and incorporated herein, sets forth the entire understanding and agreement between you and Boundless, and supersedes any and all other oral or written agreements or understandings between the parties.
MORE SIMPLY
This Agreement (including all additional terms and conditions referenced herein) is the entire agreement between us, and there are no other terms to our agreement other than the terms you see here.
.svg)
.avif)