Privacy Policy

By using this Website, you, the user, and we, Filoli, agree that any controversy, claim, suit, demand, counterclaim, cross claim, or third party complaint, arising out of, or relating to the Website, your use of the Website, a contemplated transaction for a Service, and/or the parties’ relationship (whether statutory or otherwise, including whether Services were used, a transaction completed, or tickets obtained or attendance took place), including, but not limited to, any matter that may have induced you the user, to enter into a relationship with the Filoli of any kind (collectively referred to as “Claims”) and/or the validity and enforceability of this Mediation first provision, shall be submitted first to Mediation, if not resolved informally within 30 days of written notice of a dispute of the claims.

Be advised that the Parties mutually agree (a) to waive to the maximum extent permitted by law the right to bring, maintain, or participate in any class, collective, or representative proceeding, including but not limited to Private Attorney General Act (“PAGA”) or any other applicable similar laws, whether in court or otherwise, to the fullest extent permitted by applicable law (b) to not assert class action or collective or representative action claims against the other in an arbitration pursuant to this Agreement; (c) to only submit their own, individual claims in any matter brought against Filoli, and (d) to not seek to represent the interests of any other person(s) in any mediation, proceeding or otherwise (“Class & Representative Action Waiver”). This Class, Collective or Representative Action Waiver shall not apply to any Covered Disputes that are exempted from such waiver under state or federal law at the time either Party seeks to enforce this Agreement but only if such exemption is applicable.  In any case where the Parties’ dispute involves both timely filed Excluded Claims and Covered Disputes, the Parties agree to split the claims and/or actions (as applicable) and agree to stay (i.e., suspend) any proceedings for the Excluded Claims until the Covered Disputes are fully adjudicated pursuant to applicable law, this includes PAGA claims.

If the Claims cannot be resolved informally between the parties, the parties will then attend Mediation.  Mediation shall be administered by either: JAMS Arbitration, Mediation, and ADR Services, San Francisco, CA (www.jamsadr.com) (“JAMS”) or any other mutual agreeable organization that the parties may choose. The parties agree to select a mutually acceptable mediator within thirty (30) days of written notice to attend mediation by the party raising the dispute to the other party (at .) after the inability to resolve the dispute to the satisfaction of both parties.  Within 5 days of the Claims not being resolved informally, the disputing party shall provide 3-5 names of Mediators and email them to the other party’s.  The party receiving mediators, must select a mediator from the list, or suggest 3 additional mediator selections and email them to the disputing party within 5 days of receipt of the disputing party’s list.  If the receiving (non-disputing) party does not agree to a mediator within this time frame nor provide 3 additional names, then the disputing party’s list of mediators shall be deemed acceptable and the disputing party must select one mediator from that list. If the non-disputing party provides 3 additional mediator names, then the disputing party has 3 days to select, or reject, a mediator from the list provided by the non-disputing party.  If still, no mediator is selected, then the parties have 3 additional days to select a mediator from the list of mediators presented in total. If no Mediator is selected then the disputing party will submit a request to JAMS for assistance with Mediator selection under Rule 15 of the JAMS Comprehensive Rule & Procedures and the cost will be borne by the non-disputing party. (Filoli recognizes this process, while for Arbitration, can be used similarly for Mediation.) Mediation shall be held within ninety (90) days of written notice of selection, but no later than one hundred and sixty (160) days unless mutually agreeable by the parties.

If Mediation does not resolve the Claims, then the parties will have the Claims addressed in the Superior Court of San Mateo County in the State of California. If you are an employee, or former employee of Filoli, your Arbitration agreement, if executed, will govern.

WAIVER OF TRIAL BY JURY. IF THE CLAIM(S) ARE NOT RESOLVED AT MEDIATION, THE PARTIES UNDERSTAND, FULLY AGREE AND CONSENT THAT BY ENTERING INTO THIS AGREEMENT, THEY WAIVE TRIAL WITHOUT A JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER OR THEIR SUCCESSORS IN RESPECT OF ANY MATTER ARISING OUT OF, OR IN CONNECTION WITH, THIS  AGREEMENT, INCLUDING ANY CLAIM FOR INJURY OR DAMAGE, OR ANY EMERGENCY OR STATUTORY REMEDY.  THIS PARAGRAPH CONSTITUTES A WRITTEN CONSENT TO WAIVER OF TRIAL BY JURY WITHIN THE MEANING OF CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 631(F)(2).  EACH PARTY HEREBY AUTHORIZES AND EMPOWERS THE OTHER TO FILE THIS DOCUMENT WITH THE CLERK OR JUDGE OF ANY COURT OF COMPETENT JURISDICTION AS A WRITTEN CONSENT TO WAIVER OF JURY TRIAL.

This mutually agreed upon Dispute Resolution process can only be modified in a writing signed by both parties.

The parties agree that this Agreement is entered into and shall be interpreted, enforced and governed under the laws of the State of California and  may be used as evidence in a subsequent proceeding in which either of the parties alleges breach of this agreement.

Should a court of competent jurisdiction determine that any provision of this Agreement is wholly or partially illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining parts, terms, or provisions shall not be affected, and the illegal, unenforceable, or invalid part, term, or provision shall be deemed not to be a part of this Agreement.

This Agreement supersedes any and all prior agreements, whether oral or written, related to the Dispute Resolution process, where applicable.

No party bringing a dispute for any reason under this Privacy Policy is entitled to attorney’s fees, costs or expenses.   Each party is to bear its own to attorney’s fees, costs or expenses.