Membership Terms Of Use

Welcome to the Invisible City Club (“ICC”)! Step into a world where fantasy collides with reality. Where tales are told by those that live them.   ICC promises to bring you fresh, exclusive adventures each and every month.  We have partnered with local event organizers that will ensure you will always have access to the newest and latest, private events. 

As an Invisible City member, you gain access to exclusive and immersive experiences, activations, and events (the “Key Experiences”) within the city where the unexpected occurs. Members also receive privileges and discounts from partnering artists, musicians, bartenders, chefs, galleries, venues, workshops, happy hours, coworking, and other community participants (“Weekly Events”). Membership benefits may be subject to change or modification at the discretion of ICC. Key Experiences and Weekly Events are known herein as “Invisibles”).

These Terms of Use govern your use of our Services. As used in these Terms of Use, ICC Services ( the “Services”) means the subscription service provided by ICC for discovering and attending our exclusive Invisibles, the Invisibles, and all features and functionalities of any products or goods, websites, and user interfaces, as well as all content and software, associated with our Services.

If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described herein to resolve any disputes with ICC (except for matters that may be taken to small claims court).

Please note that these Terms of Use include hyperlinks that may be accessed only through our website, so if you are reviewing these Terms of Use through certain devices, you may need to visit www.InvisibleCity.com/Terms via your computer to review these hyperlinked terms.

  1. Acceptance of Terms of Use. These Terms of Use, which include our Privacy Policy, and, to the extent you use the social features, our Social Terms, govern your use of the ICC Services. By using, visiting, or browsing the ICCs Services, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the ICC Services. To the extent that you have access to the general website, the Website Terms of Service and Website Privacy Policy also apply.
  1. Changes to Terms of Use. ICC may, from time to time, change these Terms of Use, including the Privacy Policy and Social Terms. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We will endeavor to post prior versions (including marked changes) of the Terms of Use, if any, for the preceding 12-month period. You can see these prior versions by visiting our website www.InvisibleCity.com/Terms.
  1. Privacy. Personally identifying information is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.
  1. Communication Preferences. By using the ICC Services, you consent to receiving electronic communications from ICC relating to your account. These communications may involve sending emails to your email address or text messages to your phone provided during registration, or posting communications on the ICC Services, or in the “Your Account” page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation emails, texts, and other transactional information) and are part of your relationship with ICC. You agree that any notices, agreements, disclosures or other communications that we send to you electronically, including via text, will satisfy any legal communication requirements, including that such communications be in writing. You are responsible for any text message fees charged by your mobile communications service provider, third-party applications on your phone, and the confidentiality of such communications as they relate to your membership or the privacy of Invisibles. You should maintain copies of electronic communications by either printing a paper copy or saving an electronic copy. You also consent to receiving additional communications from us, such as newsletters about new ICC features and content, special offers, promotional announcements and customer surveys via email, text, or other methods. If you no longer want to receive certain non-transactional communications, you may contact us to do so. Please review our Privacy Policy for further detail on our marketing communications.
  1. Membership, Free Trials, Billing and Cancellation
    1. Membership Fee
      1. Membership Types, Fees, and Initiation Fee:
        1. Founding Members Promotion (Basic): For a limited time, founding members can join at a discounted rate of $45 per month. This is only available for a limited period.
        2. Key to the City Membership: Available on an invitation only basis. You may inquire further at: curator@invisiblecity.com
        3. Initiation Fee: All membership applications require an initiation fee of $45, which is refundable only if the application is not accepted.
      2. Ongoing Membership. Your ICC membership, which may start with a free trial, will continue month-to-month or annually unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the ICC service. We will bill the monthly membership fee or annual membership fee to your Payment Method. You must cancel your membership before it renews each month or every year in order to avoid billing for the next month or year’s membership fees to your Payment Method.
      3. Differing Memberships. We may offer a number of membership plans, including special
        promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with ICC by visiting our website and clicking on the “Your Account” link. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
    2. Free Trials
      1. Your ICC membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. ICC reserves the right, in its absolute discretion, to determine your free trial eligibility.
      2. We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the “View billing details” link on the “Your Account” page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
      3. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. CLICK THE “YOUR ACCOUNT” LINK AT THE TOP OF THE ICC WEB PAGE TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
    3. Billing
      1. Recurring Billing. By starting your ICC membership and providing or designating a Payment Method, you authorize us to charge you a monthly or annual membership fee at the then current rate, and any other charges (charged on a monthly basis) you may incur in connection with your use of the ICC Service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to the selected Invisibles, promotional offers, including gift card redemption and promotional code redemption, specific Event Fees and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
      2. Price Changes. We reserve the right to adjust pricing for our Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your Services will take effect following email notice to you.
      3. Billing Cycle. The Membership Fee for our Services will be billed at the beginning of the paying portion of your membership and each month or annually thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month or annually on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your ICC membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the “View billing details” link on the “Your Account” page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
      4. Processing Fee. To cover the cost of processing a credit or charge card transaction, and pursuant to section 5-2-212, Colorado Revised Statutes, [ICC] may impose a processing surcharge in an amount not to exceed [1-4]% of the total payment made for goods or services purchased or leased by use of a credit or charge card. A seller or lessor shall not impose a processing surcharge on payments made by use of cash, a check, or a debit card or redemption of a gift card. If such a fee is charged, this notice shall also appear on your invoice form along with a line entry of the corresponding amount.
      5. No Pausing your Membership. We currently do not offer a pause option.
      6. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
      7. Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “Your Account” link, available at the top of the pages of the ICC website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
      8. Cancellation. With a minimum of 30 days’ notice prior to your next Membership Fee Billing Cycle, You may cancel your ICC membership, and you will continue to have access to the ICC service through the end of your monthly or annual billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH OR PARTIAL-YEAR MEMBERSHIP PERIODS. To cancel, go to the “Your Account” page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “View billing details” on the “Your Account” page. If you signed up for ICC using your account with a third party as a Payment Method, and wish to cancel your ICC membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the ICC service through that third party. You may also find billing information about your ICC membership by visiting your account with the applicable third party.
  1. ICC Services
    1. We are a subscription service that provides our members with access to Invisibles.
    2. We have partnered with local event planners that will ensure you will always have access to the newest and latest, exclusive Invisibles. 
    3. Guest Event Pass. If there is space after all Members have had the opportunity to purchase Invisibles tickets, Members may purchase additional tickets for non-member friends, colleagues, and associates at the Guest Event Pass Rate. The Guest Event Pass Rate will be set for each Invisible at ICC’s sole discretion.
    4. You must be 21 years of age to become a member of the ICC Services. Individuals under the age of 21 may not utilize the Services with or without the involvement of a parent, legal guardian, or other person over the age of 21, and be at all times accompanied by a Member. Anyone who is under the age of 21 or who is supplying our Services to individuals who are under the age of 21, are solely liable for any and all use of our Services in violation with these Terms of Use. ICC will also work with local authorities to stop the Services provided, identify the violating parties, and prosecute them according to applicable law.
    5. The ICC Services are for your individual and non-commercial use only. During your ICC Membership, we grant you a limited, exclusive, non-transferable membership to access the ICC Services and to use various Invisibles based on your chosen Membership. No right, title or interest shall be transferred to you regarding any aspect of your Membership, the ICC Services, or the Invisibles.
    6. Upgrades and Additions. You may upgrade your membership at any time without continuing your previous plan.  Simply request an update from the “Upgrade My Plan Form.” Your next month’s charge will correspond with your upgraded plan. You may also add a plan to your account by requesting an additional plan by using the “Add Plan Form.”
    7. YOU MAY USE ICC SERVICES ONLY WITHIN THE INVISIBLE. The Services that may be available for use may vary by geographic location. Discretion and confidentiality are key to the success of the ICC Services. You are solely liable for any issues arising by your participation or travel related to an Invisible. You are not to disclose information regarding an Invisible to anyone who does not hold Membership or a Guest Pass for our Invisibles.
    8. We continually update the ICC Services. We reserve the right to, and by using our Services you agree that we may, include you in or exclude you from these tests and updates without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
    9. You agree to use the ICC Services, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) products, content and information contained on or obtained from or through the ICC Service without express written permission from ICC. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the ICC Services; use any robot, spider, scraper or other automated means to access the ICC Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the ICC Services; insert any code or product or manipulate the content of the ICC Services in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the ICC Services, including any software viruses or any other computer code, files or programs.
    10. The availability of Services will change from time to time, and from location to location. ICC makes no representations or warranties about the quality of user experience.
    11. ICC software and website are developed by, or for, ICC and is designed to enable Service Placement by ICC accessible through all devices. Our software and website may vary by device and medium, and functionalities may also differ between devices. By using our Services, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the ICC Services. If your device is sold, lost or stolen, please deactivate the ICC Services. If you fail to log out or deactivate your device, subsequent users may access the ICC Services through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the “Your Account” page of our website. You are solely responsible for all liability regarding someone else accessing your devices. Please also see the Website Terms of Service and Website Privacy Policy for more details.
    12. We may terminate or restrict your use of our Services, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.
    13. In no way do we sell or manufacture any illegal Services.
  1. Passwords & Account Access
    1. The member who created the ICC account and whose Payment Method is charged is referred to here as the Account Owner. The profile of the member and the Payment Method must be the same. The Account Owner has access and control over the ICC account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting ICC Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
    2. In order to provide you with ease of access to your account and to help administer the ICC service, ICC implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the ICC Services, which includes accessing via ICC ready devices or website.
    3. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the ICC Login and not through a hyperlink in an email or any other electronic communication, even if it looks official. ICC reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. ICC is not obligated to credit or discount a membership for holds placed on the account by either a representative of ICC or by the automated processes of ICC.
  1. Disclaimers of Warranties and Limitations on Liability
    1. THE ICC SERVICES AND ALL PRODUCTS, CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE ICC SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ICC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ICC SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ICC SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, ICC READY DEVICES, AND ICC SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICES).
    2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL ICC OR ANY OF THEIR MEMBERS, MANAGERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
    3. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
    4. You are responsible for any liability regarding your use of our Services.
    5. Further, (i) ICC is not responsible for any loss, damage, or injury incurred during your participation in any Invisibles facilitated by the membership, (ii) Members or any non-member Guest’s participate in Invisibles at their own risk and agree to release ICC from any liability arising from such participation, and (iii) Members and non-member Guests are responsible for their personal belongings and property during any Invisibles.
  1. Indemnification, Limitation of Liability and Release of Claims
    1. Indemnification. You agree at all times to defend, indemnify and hold harmless ICC, as well as any of its affiliates, agents, contractors, officers, directors, shareholders or members, employees and independent contractors, joint venture partners, successors, transferees, assignees, and licensees, and agents, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your or your Guest’s use of our Services or attendance at any Invisibles and your or your Guest’s breach of any obligation, warranty, representation or covenant set forth in these Terms of Use, including any applicable Privacy Policy and Social Terms or in any other agreement with us. 
  1. Promotions. Promotional codes may be redeemed as described in the specifics of the promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as determined by ICC in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply. All promotions may only be arranged by individuals who at or over the age of 21.
  1. Intellectual Property
    1. Copyright. The ICC Services, including all content provided on through software, websites, packaging, is protected by copyright, trade secret or other intellectual property laws and treaties.
    2. Trademarks. Invisible City is a trademark of Invisible City, Inc.
    3. Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the ICC Services, please notify us at: Invisible City, Inc, Attn: Intellectual Property, 574 N. Pennsylvania St., Denver, CO 80203 or curator@invisiblecity.com (Attn: Intellectual Property); copy O’Rourke Law Firm, LLC, Attn: Invisible City Intellectual Property, 1355 S. Colorado Blvd Suite C502, Denver CO 80222 or information@OBLS.biz (Attn: Invisible City Intellectual Property).
    4. Your Image and Likeness. IN RELATION TO THE INVISIBLES, YOU HEREBY GRANT TO ICC ALL RIGHTS OF EVERY KIND IN PERPETUITY IN AND TO YOUR STATEMENTS, APPEARANCE AND NAME. YOU HEREBY AUTHORIZE THE ICC TO PHOTOGRAPH YOU, TO EDIT THE SAME AT ITS DISCRETION AND TO USE PHOTOGRAPHS IN ANY MANNER OR MEDIA WHATSOEVER, INCLUDING, WITHOUT LIMITATION, UNRESTRICTED USE FOR PURPOSES OF WEBSITE DEVELOPMENT, EXHIBITION, PUBLICITY, ADVERTISING AND PUBLICATIONS. YOU FURTHER AUTHORIZE ICC TO USE YOUR NAME, LIKENESS OR OTHER INFORMATION CONCERNING YOU IN CONNECTION WITH ANY ICC SERVICES AND FOR ANY OTHER PURPOSE. YOU AGREE THAT THE COMPANY OWNS ALL RIGHTS AND PROCEEDS OF YOUR PHOTOS OR OTHER LIKENESSES RENDERED IN CONNECTION HEREWITH.
  1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to any conflict of laws provisions. All litigation shall be handled in the Federal or State of Colorado Courts located in Denver, Colorado.
  1. Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the ICC Services. These Applications may import data related to your ICC account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and ICC is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY ICC AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICES IN ALL PLACES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
  1. Use of Information Submitted. ICC is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the ICC service, including the ICC website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the ICC service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note ICC does not accept unsolicited materials or ideas for new Services. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against ICC and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent. Please see the Privacy Policy for additional details.
  1. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit ICC Help Center (curator@invisiblecity.com, Attn: Customer Support). In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.
  1. Arbitration Agreement
    1. If you are an ICC member, you and ICC agree that any dispute, claim or controversy arising out of or relating in any way to the ICC Services, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and ICC are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your ICC membership.
    2. If you elect to seek arbitration or file a small claim court action, you must first send to ICC, by certified mail and email, a written Notice of your claim (“Notice”). The Notice to ICC must be addressed to: Invisible City, Inc., Attn: Arbitration, 574 N. Pennsylvania St., Denver, CO 80203 and curator@invisiblecity.com (Attn: Arbitration); copy to O’Rourke Law Firm, LLC, Attn: Invisible City Arbitration, 1355 S. Colorado Blvd Suite C502, Denver CO 80222 or information@OBLS.biz (Attn: Invisible City Arbitration) (“Notice Address”). If ICC initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by ICC, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If ICC and you do not reach an agreement to resolve the claim within 35 days after the Notice is received, you or ICC may commence an arbitration proceeding or file a claim in small claims court. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.
    3. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless ICC and you agree otherwise, any arbitration hearings will take place in the City and County of Denver, Colorado.
    4. If your claim is for US$10,000.00 or less, we agree that we may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000.00, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of ICC’s last written settlement offer made before an arbitrator was selected (or if ICC did not make a settlement offer before an arbitrator was selected), then ICC will pay you the amount of the award or US$1,000.00, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
    5. YOU AND ICC 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, unless both you and ICC agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
  1. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Last updated: 7/25/2023

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