Terms of Use

Last Modified: November 24, 2025

These Terms of Use are entered into by and between you and Spanish Springs Construction and Teichert Inc. and its affiliates (referred to in these Terms of Use as “Teichert,” “Company,” “we,” “us,” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference, (the “Terms of Use”), govern your access to and use of our website (the “Site”) including any content, functionality and services offered on or through the Site. These Terms of Use, along with our Privacy Notice (see below) also apply to your voluntary choice to submit information through the Site.

Acceptance of the Terms of Use

Please read the Terms of Use carefully before using the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use e. If you do not want to agree to these Terms of Use, do not access or use the Site.

THESE TERMS OF USE INCLUDE (1) A CLASS ACTION WAIVER, (2) REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, AND (3) LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

This Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Teichert and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time to comply with law, meet changing business requirements, or otherwise in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set forth in the “Arbitration and Dispute Resolution” section below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site. We will notify you upon your next visit to the Site that the Terms of Use have changed. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Site and Account Security

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site to registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Site.
Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access some services, including but not limited to career opportunities and materials on Teichert Foundation, service requests, and free estimates, you may be asked to provide certain information and/or registration details. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.

You agree that all information you provide on this Site and/or to register with this Site, including but not limited to through the Career Opportunities feature, is governed by our Privacy Notice and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.

We have the right to disable any username, 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 of Use.

Intellectual Property Rights

The Site and its entire contents, features and functionality (including but not limited to all information, software, code, text, displays, images, video and audio, and the design, selection, and arrangement thereof) (hereinafter, the “Teichert Materials”), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site solely for your personal, non-commercial use, or commercially for lawful business activities directly related to your professional operations. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Teichert Material.

You must not:

Modify copies of any Teichert Material.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Teichert Materials from this Site.
Violate or misappropriate or encourage others to violate or misappropriate the rights of third parties, including intellectual property rights.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the Teichert Materials you have made. No right, title, or interest in or to the Site or any Teichert or Spanish Springs Construction Materials is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

No License

Without the approval of Teichert or of its relevant licensor in writing, no license or other right to the use of the Teichert Materials is granted either explicitly or implicitly or in any other way. Any unauthorized use of the Teichert Materials is strictly prohibited and will be subject to civil and criminal prosecution by Teichert.

Trademarks

Teichert’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Teichert or its affiliates or licensors. You must not use such marks without the prior written permission of Teichert. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To pretend that you represent another person, organization, or entity that you have not been authorized by that person, organization, or entity to represent through this Site.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Teichert or users of the Site or expose them to liability.
To intentionally submit or transmit inaccurate information through this Site.
To impersonate or attempt to impersonate Teichert, a Teichert employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

Additionally, you agree not to:

Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the Teichert Material on the Site.
Use any manual process to monitor or copy any of the Teichert Material or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Site.
Introduce any viruses, trojan horses, worms, logic bombs, malware, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Site.

Submissions

Teichert reserves the right to use all employment applications, requests for services, free estimates, feedback, contact information submissions, and other contents which you provide to Teichert (“Submissions”) at its exclusive discretion, subject to our Privacy Notice and applicable law. Teichert is not subject to any obligation (i) to treat the Submissions as confidential or (ii) to respond to any Submissions.

You are responsible for ensuring that none of your Submissions infringe the rights of third parties (including copyright, trademark, patent, commercial secrecy, privacy or other personal rights or intellectual property rights) and to that extent you hereby indemnify Teichert from all claims of third parties related to such Submissions, including attorneys’ fees.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

Links from the Site

If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of such third-party websites and resources. If you decide to access any of the third-party websites and resources linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites and resources.

Geographic Restrictions

The owner of the Site is based in the state of California in the United States. We provide this Site for use only by persons located in the United States. Teichert does not target, market to, or offer its products or services to customers outside the United States. You agree not to submit your personally identifiable information through the Site if you reside outside the United States. We make no claims that the Site or any Teichert Material is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, THE TEICHERT MATERIAL, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, THE TEICHERT MATERIAL, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TEICHERT NOR ANY PERSON ASSOCIATED WITH TEICHERT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER TEICHERT NOR ANYONE ASSOCIATED WITH TEICHERT REPRESENTS OR WARRANTS THAT THE SITE, THE TEICHERT MATERIAL, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TEICHERT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT WILL TEICHERT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, SHAREHOLDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS OR SUCCESSORS OR ASSIGNEES OF EACH BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, PRODUCT LIABILITY, STATUTORY VIOLATIONS OR OTHERWISE, EVEN IF FORESEEABLE OR WHETHER OR NOT TECIHERT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, (B) ANY LOSS OR DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION ACCESSED ON OR THROUGH THE SITE, (C) ANY TRANSACTION ENTERED INTO THROUGH OR FROM THE SITE, (D) YOUR INABILITY TO USE THE SITE FOR WHATEVER REASON, INCLUDING, BUT NOT LIMITED TO, COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED ON OR THOUGH THE SITE, (E) THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY INFORMATION, (F) THE USE OF ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE, (G) UNAUTHORIZED ACCESS TO THE SITE AND UNAUTHORIZED ALTERATION TO TRANSMISSIONS OR DATA, (H) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (I) ANY OTHER MATTER RELATING TO THE SITE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE EXTENT OUR LIABILITY HAS NOT ALREADY BEEN EXCLUDED IN THE FOREGOING, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF WHAT YOU PAID US FOR THE APPLICABLE SERVICES (IF ANY) AND US $100.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (1) your violation of these Terms of Use, (2) your use of the Site, including, but not limited to, any use of Teichert Material, services or products other than as expressly authorized in these Terms of Use, or (3) your use of any information obtained from the Site.

Assignment

You may not assign, transfer, or delegate any rights or obligations under these Terms of Use without Teichert’s prior written consent. Any attempted assignment, transfer, or delegation without such consent will be null and void. Teichert may freely assign its rights and obligations under these Terms of Use without notice or your consent.

If Teichert sells its assets to, or is acquired by another company, or if Teichert merges with another company, you, by using this Site, authorize Teichert to assign the personally identifiable information you provided to Teichert or that Teichert collected while you used this Site.

Choice of Law and Forum

By using this Site, you agree that the laws of the United States and the laws of the State of California govern these Terms of Use, Privacy Notice, and any claim or dispute you may bring against Teichert. You also agree that any arbitration arising from these Terms of Use and Privacy Notice will be held in accordance with the Federal Arbitration Act, without regard to conflict of law principles.

Subject to the Dispute Resolution procedure stated below, any legal suit, arbitration, action or proceeding arising out of, or related to, these Terms of Use, Privacy Notice, or your use of the Site shall be instituted exclusively in the federal and state courts in the County of Sacramento, California, or before California arbitrators located in the County of Sacramento.

Arbitration and Dispute Resolution

MOST DISPUTES AND CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO YOUR SATISFACTION BY CONTACTING US AT [email protected]. PLEASE ALLOW TEICHERT AT LEAST 30 DAYS UPON RECEIPT TO RESPOND. IF YOU WANT TO SEND SUCH A LETTER TO TEICHERT, TEICHERT WILL RESPOND TO YOU AT THE ADDRESS TEICHERT HAS ON FILE FOR YOU.

IN THE UNLIKELY EVENT THAT TEICHERT CANNOT RESOLVE A DISPUTE WITH YOU, THEN, EXCEPT AS PROVIDED BELOW, BOTH YOU AND TEICHERT AGREE TO SUBMIT THE DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR THIS AGREEMENT (A “CLAIM”) TO THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER AND/OR COMMERCIAL ARBITRATION RULES OR, BY SEPARATE MUTUAL AGREEMENT, TO ANOTHER ARBITRATION INSTITUTION, IN ACCORDANCE WITH TERMS BELOW.

YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, YOU AND TEICHERT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Arbitration Agreement

Claims to be resolved by binding arbitration. To the maximum extent permitted by applicable law Teichert and you agree to arbitrate any and all Claims between you and Teichert, and between you and our former or past employees, directors, officers and contractors, in all cases arising out of or relating to the Terms of Use, any Teichert Material, or the services, except that:

(A) Either you or Teichert can seek to have a Claim resolved in small claims court if all the requirements of the small claims court are satisfied. Either you or Teichert may seek to have a Claim resolved in small claims court in your county of residence or the small claims court in closest proximity to your residence, and you may also bring a claim in small claims court in the Superior Court of California, County of Sacramento.

(B) We each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Notice and Process. If you elect to seek arbitration, you must send a letter requesting arbitration and describing your claim (“Notice of Claim”) to our registered agent at 3500 American River Drive, Sacramento, CA 95864. The Notice of Claim should include both the mailing address and email address you would like Teichert to use to contact you. If Teichert elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to your address on file. A Notice of Claim, whether sent by you or by Teichert, must (a) describe the nature and basis of the Claim or dispute; and (b) set forth the specific amount of damages or other relief sought.

You and Teichert agree that, after a Notice of Claim is sent but before either you or Teichert commence arbitration or file a Claim in small claims court 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 this Agreement. IF YOU AND TEICHERT DO NOT REACH AN AGREEMENT TO RESOLVE THE CLAIM WITHIN 60 DAYS AFTER THE NOTICE IS RECEIVED, YOU OR TEICHERT MAY COMMENCE AN ARBITRATION PROCEEDING PURSUANT TO THE TERMS OF THIS ARBITRATION AGREEMENT. Unless TEICHERT and you agree otherwise, any arbitration hearings will take place in the county (or parish) of either your residence or of the mailing address you provided in your Notice of Claim.

ARBITRATOR. ANY ARBITRATION BETWEEN YOU AND TEICHERT WILL BE GOVERNED BY THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY, “AAA RULES”) OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THESE TERMS OF USE, AND WILL BE ADMINISTERED BY THE AAA. THE AAA RULES AND FILING FORMS ARE AVAILABLE ONLINE AT WWW.ADR.ORG, BY CALLING THE AAA AT 1-800-778-7879, OR BY CONTACTING TEICHERT.

ALL ISSUES ARE FOR THE ARBITRATOR TO DECIDE, INCLUDING THE SCOPE AND ENFORCEABILITY OF THIS ARBITRATION PROVISION AS WELL AS OTHER TERMS AND CONDITIONS IN THESE TERMS OF USE, AND THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY SUCH DISPUTE RELATING TO THE SCOPE AND ENFORCEABILITY OF THIS ARBITRATION PROVISION OR ANY OTHER TERM OF THESE TERMS OF USE INCLUDING, BUT NOT LIMITED TO ANY CLAIM THAT ALL OR ANY PART OF THIS ARBITRATION PROVISION OR THESE TERMS OF USE IS VOID OR VOIDABLE. HOWEVER, IF PUTATIVE CLASS OR REPRESENTATIVE CLAIMS ARE INITIALLY BROUGHT BY EITHER PARTY IN A COURT OF LAW, AND A MOTION TO COMPEL ARBITRATION IS BROUGHT BY ANY PARTY, THEN THE COURT SHALL DECIDE WHETHER THESE TERMS OF USE PERMIT CLASS OR REPRESENTATIVE PROCEEDINGS. FOR THE AVOIDANCE OF DOUBT, THE COURT AND ARBITRATOR SHALL BE BOUND BY THESE TERMS OF USE, INCLUDING WITH REGARD TO THE CLASS ACTION WAIVER PROVISION BELOW. IN ANY ARBITRATION, THE ARBITRATOR SHALL FOLLOW THE APPLICABLE LAW. THE ARBITRATOR SHALL NOT HAVE THE POWER TO COMMIT MANIFEST ERRORS OF LAW OR LEGAL REASONING, AND ANY AWARD RENDERED BY THE ARBITRATOR THAT EMPLOYS A MANIFEST ERROR OF LAW OR LEGAL REASONING MAY BE VACATED OR CORRECTED BY A COURT OF COMPETENT JURISDICTION FOR ANY SUCH ERROR.

FEES. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA RULES. YOU ARE REQUIRED TO PAY AAA’S INITIAL FILING FEE, BUT TEICHERT WILL REIMBURSE YOU FOR THIS FILING FEE AT THE CONCLUSION OF THE ARBITRATION TO THE EXTENT IT EXCEEDS THE FEE FOR FILING A COMPLAINT IN A FEDERAL OR STATE COURT IN YOUR COUNTY OF RESIDENCE OR IN SACRAMENTO COUNTY, CALIFORNIA 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 (AS MEASURED BY THE STANDARDS SET FORTH IN FEDERAL RULE OF CIVIL PROCEDURE 11(B)), THEN THE PAYMENT OF ALL FEES WILL BE GOVERNED BY THE AAA RULES AND TEICHERT 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 TEICHERT, AND YOU AND TEICHERT WAIVE ANY OBJECTION TO SUCH FEE MODIFICATION.

CLASS ACTION WAIVER. YOU AND TEICHERT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, IF YOU HAVE ELECTED ARBITRATION, UNLESS BOTH YOU AND TEICHERT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE ANY OTHER PERSON’S CLAIMS WITH YOUR CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF TEICHERT BELIEVES THAT ANY CLAIM YOU HAVE FILED IN ARBITRATION OR IN COURT IS INCONSISTENT WITH THE LIMITATIONS IN THIS PARAGRAPH, THEN YOU AGREE THAT TEICHERT MAY SEEK AN ORDER FROM A COURT DETERMINING WHETHER YOUR CLAIM IS WITHIN THE SCOPE OF THE CLASS ACTION WAIVER. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS DISPUTES SECTION SHALL BE NULL AND VOID.

Discovery. Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.

Jury Waiver. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other.

Waiver and Severability

No waiver by Teichert of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Teichert to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Assignment

Teichert may assign or transfer this Terms of Use to any party at any time without notice to you. You may not assign your rights under this Terms of Use, by operation of law or otherwise, without our consent. Any attempts to do so without our consent will be void.

Entire Agreement

The Terms of Use and Privacy Notice constitute the sole and entire agreement between you and Teichert with respect to the Site and the Teichert Material, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site or the Teichert Material.

Contact Information

All other feedback, comments, requests for technical support and other communications relating to the Site should be sent to [email protected] or mailed to 3500 American River Drive, Sacramento CA 95864.