Terms of Use

Last Modified: May 13, 2024

Acceptance of the Terms of Use

These terms of use are entered into by and between you and OCP North America Inc. (“Company,” “we,” “OCPNA” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use” or “Terms”), govern your access to and use of https://www.ocpna.com (the “Website“), including any content, functionality, and services offered on or through the Website whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.ocpna.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND DISCLAIMERS OF LIABILITY, AS WELL AS AN INDEMNIFICATION PROVISION THAT MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES. PLEASE READ THEM CAREFULLY.

The Website is intended for users who are at least 18 years old. By accessing or using the Website, you represent and warrant that you are at least 18 years old and have the legal right and ability to agree to these Terms and that you have read, understood, and agree to the Terms with the intent to be legally bound by them.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

Accessing the Website

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

Intellectual Property Rights

The Company is the owner of the domain name of the Website. The Website as a whole and its elements are creative works protected by applicable law including intellectual property. All data (texts, structure, software, animations, photographs, illustrations, drawings, graphics, logos, videos, sounds, and images), information and databases on the pages of the Website are the exclusive property of OCP North America Inc. Any reproduction, representation or distribution in whole or part of the content and any extraction even partial of the databases on the Website onto any medium or by any means whatsoever is prohibited.

The Website’s general structure and templates and the information, icons, photographs, images, text, video clips, with sound or silent, and other documents composing the Website or available on this Website are subject to the laws protecting intellectual property and are the property of OCPNA or of the third parties that have authorized the OCPNA and its potential suppliers, subcontractors, partners and/or affiliates involved in the operation of the Website, to use it. As such, any reproduction, adaptation, translation and/or conversion, total or partial, of the Website or one or more of its components, by any means whatsoever (including by transfer to another site) without prior written permission of OCPNA, is prohibited. No license or right other than to browse the Website is granted to anyone with regard to intellectual property rights.

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

Trademarks

The Company name, the terms OCPNA, OCP SA, OCP Group, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

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

  • 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 by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website 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 materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

By using the Website, you agree that we may collect your personal information, subject to our Privacy Policy [LINK TO PRIVACY POLICY]. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

The Website may contain links to other websites or online services that are operated and maintained by other persons and that are not under the control of or maintained by the Company. Activating such links may cause you to leave the Website. Such links do not constitute an endorsement by the Company of those other websites or online services, the content displayed therein, or the persons associated therewith. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such websites.

Geographic Restrictions

The owner of the Website is based in the State of Minnesota in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website 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 Website 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. TO THE FULLEST EXTENT PROVIDED BY LAW, 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

YOU AKNOWLEDGE BY YOUR USE OF THIS WEBISTE THAT TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, 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, OR OTHERWISE, EVEN IF FORESEEABLE.

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

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 your violation of these Terms of Use or your use of the Website, including, but not limited to any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota, in each case located in the City of Minneapolis and County of Hennepin, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

PLEASE READ THIS “ARBITRATION” SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE,AND TO JOIN AND PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER THE LAW.

In order to expedite and control the cost of disputes, OCPNA and you agree that any legal or equitable claim, dispute, action, or proceeding arising from or related to your use of the Website or these Terms (“Dispute”) whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, even if the Dispute arises after the termination of these Terms, will be resolved by binding, individual arbitration to the fullest extent permitted by law, unless expressly provided otherwise in this “Arbitration” section, and not in a class, representative, or consolidated action or proceeding. You and OCPNA agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms and that YOU AND OCPNA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This “Arbitration” section shall survive the termination of these Terms.

  1. Exceptions and Opt-Out Option. The only exceptions to this “Arbitration” section are the following:
    1. You or OCPNA each may seek to resolve an individual Dispute in small claims court if it qualifies.
    2. You or OCPNA each may seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of your or our respective intellectual property rights.
    3. Notwithstanding anything to the contrary in these Terms, you can opt out of arbitration and litigate any Dispute individually within 30 days of the date that you first agreed to these Terms (including any earlier version containing an arbitration provision). If you have previously agreed to arbitration, then you may opt out of any future revisions to the arbitration provision within 30 days of receiving notice of the updated arbitration provision, in which case the prior version of the arbitration shall apply. To opt out of arbitration (or revisions to this arbitration provision), you must send your name, residence address, username, email address or phone number, and a clear statement that you want to opt out of this arbitration agreement (or of the revisions to it), and you must send them here: [email protected].
  2. Notice of Dispute. You and OCPNA agree that, prior to initiating an arbitration or other legal proceeding with respect to a Dispute, you and OCPNA will attempt to informally negotiate the Dispute. To begin this informal negotiation process, and before initiating any arbitration or legal proceeding, you or OCPNA must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution (a “Notice of Dispute”). You must send any Notice of Dispute by first class U.S. Mail to OCPNA at 235 Lake St. E, Suite 202, Wayzata, MN 55391, and also via e-mail to [email protected]. OCPNA will send any Notice of Dispute to you by first class U.S. Mail to your address if OCPNA has it, or otherwise to your e-mail address. You and OCPNA will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent (the “Informal Negotiation Period”). Any Dispute which has not been resolved during the Informal Negotiation Period shall be finally resolved by binding arbitration as described below. For purposes of these Terms, initiating an arbitration means filing an arbitration demand (a “Demand”). An arbitrator will decide any disputes over whether this subsection has been violated, and has the power to enjoin the filing or prosecution of arbitrations. Unless prohibited by applicable law, the arbitrator shall not administer any arbitration unless the requirements of this subsection have been met.
  3. Binding Arbitration. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act, except that only a court of competent jurisdiction as set forth in the “Governing Law and Jurisdiction” section of these Terms (and not an arbitrator) shall have the exclusive authority to resolve any claim that all or part of the class action waiver set forth in subsection (e) below or the mass arbitration procedures set forth in subsection (f) below are unenforceable, unconscionable, void, or voidable. The arbitrator shall decide all issues pertaining to arbitrability, including his or her own jurisdictional validity and enforceability of these Terms (e.g., unconscionability). For the avoidance of doubt, this is not meant to reduce any powers granted to the arbitrator under the applicable arbitration rules. The place of arbitration shall be Minneapolis. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
  4. Arbitration Procedures. Any arbitration will be conducted by National Arbitration & Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or its Mass Filing Supplemental Dispute Resolution Rules and Procedures, as applicable (together, the “NAM Rules”), in effect at the time the Dispute is filed. In any instance where the applicable NAM Rules and these Terms are inconsistent, these Terms shall control. You may request a telephonic or in-person hearing by following the NAM Rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person arbitration hearing will take place in or nearest to the county or municipality in which you live, unless you and OCPNA agree to a different location or to a virtual hearing. To the extent the forum provided by NAM is unavailable, OCPNA and you agree to select a mutually agreeable alternative dispute resolution service and that such alternative dispute resolution service shall apply the NAM Rules. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
  5. Class Action Waiver. YOU AND OCPNA AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF YOU AND OCPNA MAY BRING CLAIMS (IN ANY FORUM) AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, REQUEST FOR PUBLIC INJUNCTIVE RELIEF, OR REPRESENTATIVE PROCEEDING. This means that neither you nor OCPNA will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity and that you and OCPNA may not participate in any class, collective, consolidated, coordinated, private attorney general, request for public injunctive relief, or representative proceeding brought by any third party. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Class actions and class arbitrations are not permitted; for example, you may bring a claim only on your own behalf and cannot seek relief that would affect other guests or users. Nor may an arbitrator consolidate arbitrations unless all parties agree. Notwithstanding this provision or any other language in these Terms, you or OCPNA may participate in a class-wide settlement. If there is a final judicial determination that the limitations of this paragraph are unenforceable as to a particular claim or a particular request for relief (such as a request for injunctive relief), then the parties agree that such a claim or request for relief shall be decided by a court after all other claims and requests for relief are arbitrated. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND OCPNA WAIVE ANY RIGHT TO A JURY TRIAL.
  6. Mass Arbitrations. YOU AND OCPNA AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF YOU AND OCPNA IS WAIVING THE RIGHT TO BRING OR PARTICIPATE IN A MASS ARBITRATION. If 25 or more claimants submit similar Notices of Dispute or file similar arbitrations and are represented by the same or coordinated counsel within a 60-day period (a “Mass Filing”), all of the cases are subject to the additional procedures set forth below. Claims included in a Mass Filing, if not resolved during the Informal Negotiation Period, may proceed only in accordance with the procedures set out below, and subject to the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Mass Filing Rules”) to the extent not contrary to these Terms. If a court determines that this subsection (f) is not enforceable as to your claim, then your claim may only proceed individually in court consistent with these Terms.
    1. Batching. You and OCPNA agree that your and other individuals’ claims deemed by OCPNA to be a Mass Filing may be filed with NAM in batches of no greater than 50 individuals’ claims at one time, with 25 claims (or half of the total number of claims in a batch, if less than 50) selected by counsel for you and other claimants and 25 claims (or half of the total number of claims in a batch, if less than 50) selected by OCPNA. After your claim is batched and permitted to be filed as a Demand, you and OCPNA agree that selection and appointment of an arbitrator for your Demand shall be governed by the NAM Mass Filing Rules.
    2. First (Bellwether) Batch. The first batch of up to 50 Demands are the “Bellwether Arbitrations”. If your claim is included in the Bellwether Arbitrations, you and OCPNA shall cooperate with the arbitrator assigned to your arbitration to resolve your claim within 120 days of the initial pre-hearing conference.
    3. Stay of Filing of Other Claims. If your claim is not among those selected for the Bellwether Arbitrations, your claim cannot be filed until it is assigned to a batch and authorized to be filed in a later stage of this process. No arbitration fees will be assessed on you or OCPNA in connection with your claim unless and until it is assigned to a batch and authorized to be filed with NAM.
    4. Mediation. After the Bellwether Arbitrations are completed, if your claim remains unresolved, you and OCPNA agree to mediate your claim along with any other unresolved claims included in the Mass Filing (“Global Mediation”). The mediator will be selected according to the procedure set forth in the NAM Rules, and OCPNA will pay the mediator’s fees. The Global Mediation shall be completed within 120 days of the selection of a mediator, unless extended by written agreement between you and OCPNA.
    5. Election to Proceed in Court. If Global Mediation is not successful in resolving your claim, and 100 or more claims included in the Mass Filing remain unresolved, you or OCPNA may opt out of arbitration and elect to have your claim resolved in court consistent with the “Governing Law and Jurisdiction” section of these Terms. You or OCPNA must exercise this election within 45 days of the completion of Global Mediation.
    6. Sequential Arbitration of Remaining Batches. If neither you nor OCPNA opt out of arbitration, another batch of no greater than 50 individuals’ claims will be selected from the Mass Filing, with 25 claims (or half of the total number of claims in a batch, if less than 50) selected by counsel for claimants and 25 claims (or half of the total number of claims in a batch, if less than 50) selected by OCPNA. If your claim is included in this next batch of 50 claims, your claim will be filed with NAM, and you and OCPNA shall cooperate with the arbitrator assigned to your arbitration to resolve your claim within 120 days of the initial pre-hearing conference. The process of batching up to 50 individual claims at a time will continue until the parties resolve all claims included in the Mass Filing. No unbatched claim can proceed to be filed as a Demand until the previous batch has been resolved.
    7. Tolling. For any claim subject to these Mass Filing procedures, any statute of limitations applicable to your claim shall be tolled from the date the Informal Negotiation Period begins until the earlier of (i) the date your arbitration Demand is filed, or (ii) the date you or OCPNA opts out of arbitration pursuant to sub-section (v) above.
  7. Arbitration Fees. Payment of all arbitration filing fees and costs will be governed by the applicable NAM Rules. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses (including attorney’s fees) from another party if the arbitrator, applying applicable law, so determines. If OCPNA prevails on your claim in arbitration, and the arbitrator finds that your claim was frivolous or filed in bad faith, the arbitrator may award OCPNA reimbursement from you of OCPNA’s arbitration filing fees and costs.
  8. Offer of Settlement. OCPNA may, but is not obligated to, make a written offer to settle your claim at least 14 days before the arbitration hearing date. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If an award is issued in your favor but is less than OCPNA settlement offer, the arbitrator may order you to pay the arbitration costs incurred by OCPNA after its offer was made, unless otherwise prohibited by the underlying law governing your claim.
  9. Severability. If any portion of this “Arbitration” section is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this “Arbitration” section and these Terms shall continue to be enforceable and valid.

OCPNA’S AFFILIATES, AGENTS, EMPLOYEES, AND SUBCONTRACTORS ARE INTENDED AS THIRD-PARTY BENEFICIARIES OF THE ARBITRATION CLAUSES IN THIS “ARBITRATION” SECTION.

Waiver and Severability

No waiver by the Company of any term or condition set out 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 the Company 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.

Entire Agreement

The Terms of Use, and our Privacy Policy, constitute the sole and entire agreement between you and OCP North America Inc. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website is operated by OCP North America Inc., 235 Lake St. E, Suite 202, Wayzata, MN 55391.

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected].