TERMS OF SERVICE
Last Updated: May 24, 2019
UNOWE provides a marketplace for goods and services (collectively, the "Service") via the Company website offered from time to time at www.unowe.com (the “Site” or “Platform”). The Company Service is owned and operated by Unowe LLC , a California Corporation (“Company” “we” or “us”).
Your use of the Service is subject to the terms and conditions set forth in these Terms of Service (the “Terms of Service”).
PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS OF THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE. UNLESS SPECIFICALLY NOTED HEREIN ALL TERMS CONTAINED WITH THESE TERMS OF SERVICE SHALL APPLY TO USERS AND THIRD-PARTY PROVIDERS.
ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if You assent to this Agreement.
Service Availability. The Company Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. If the Company Service were discontinued at any time, all data may be deleted.
Age. The Company Service is meant for those at least eighteen (18) years of age and legally capable of entering into binding contracts. Use of the Company Service by anyone under this age is a violation of the Terms of Service. You may not use the Company Service if we have previously banned you from use of the Company Service or closed your account.
LICENSE TO USE WEBSITE
The Company may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services ("Company Materials"). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.
1- You acknowledge that all materials on the Sites, including, but not limited to, the website design, application design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively the “Materials”), are the property of Company and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners. Company authorizes you to view, download and/or print the Materials provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Company or the respective copyright owner. In the absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial resale purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described in the Company Service are the sole property of Company and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Company and/or its licensors. Company reserves the right to enforce its intellectual property rights fully under the law.
2- Your use of the Company Service is solely and exclusively under a limited license granted herein and you will not obtain any ownership interest therein through the Terms of Service or otherwise. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the Company Service are either the property of Company, its affiliates or licensors. Company retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. All rights not expressly granted herein by Company to you are fully reserved by Company, its advertisers and licensors.
3- Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Company Service may not be owned by us and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse the Service.
USE OF THE COMPANY SERVICE, GENERAL
1- You may be required to establish an account to use the Company Service and/or take advantage of certain features. If so, you agree:
a. to provide true, accurate, current and complete information about yourself as prompted by the Service;
b. as permitted, to maintain and promptly update such information. If you provide any information that is false, inaccurate or outdated, or Company has reasonable grounds to suspect that such information is false, inaccurate or outdated, Company has the right to suspend or terminate your account and prohibit all current or future use of the Company Service by you;
c. that your account is for your personal and/or business use. You may not resell the Service.
d. that by creating an account, you agree to receive certain communications in connection with the Service.
2- You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account. Your account is meant to be private and you shall not share accounts for any reason. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via the Service, including charges resulting from unauthorized use of your account.
3- You may not do any of the following while accessing or using the Service:
a. access, tamper with or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
b. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
c. access or search or attempt to access or search the Service by any means other than through our currently available, published interfaces that are provided by us, unless you have been specifically allowed to do so in a separate agreement with us;
d. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
e. disrupt or interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Company Service, or otherwise creating an undue burden on the Company Service.
4- You may not use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Company Service. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Company Service.
5- Your use of the Company Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
USE OF THE COMPANY SERVICE, USERS. THIRD-PARTY WEBSITES
a. Links provided via the Company Service to Third-Party websites or others (the “Third-Party Providers”) are provided only as a convenience. If you use these Third-Party Providers or use links to such websites, you may leave the Company Service. Company does not control nor endorse any such Third-Party Providers. You agree that the Company Parties, as defined below, will not be responsible or liable for any content, goods or services provided by such Third-Party Providers or for your use or inability to use such Third-Party websites.
b. You will use such links at your own risk. You are advised that other websites on the Internet, including Third-Party websites linked from the Company Service, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Company expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any Third-Party website or in advertisements or content that Third-Party websites may have in the Company Service.
c. Your interactions Third-Party Providers found on or through the Company Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties. You agree and acknowledge that Company is not a party to any transactions you may enter into, except as may otherwise be stated herein. Company shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with, or relating to, the products and services of a Thirty-Party Provider.
SUGGESTIONS AND IMPROVEMENTS.
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Company and its users any claims and assertions of any moral rights contained in such Feedback.
The Company may sell goods or services or allow third parties to sell goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk.
You agree to ensure payment for any items You may purchase from Us, and You acknowledge and affirm that prices are subject to change. When purchasing a physical good, You agree to provide Us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information that You provide to us. If We do so after payment has been processed, We will issue a refund to You in the amount of the purchase price. We also may request additional information from You prior to confirming a sale, and We reserve the right to place any additional restrictions on the sale of any of Our products. You agree to ensure payment for any items You may purchase from Us, and You acknowledge and affirm that prices are subject to change. For
the sale of physical products, We may preauthorize Your credit or debit card at the time You place the order, or We may simply charge Your card upon shipment. You agree to monitor Your method of payment. Shipment costs and dates are subject to change from the costs and dates that You are quoted due to unforeseen circumstances. For any questions, concerns, or disputes, You agree to contact Us in a timely manner at the following: firstname.lastname@example.org
If You are unhappy with anything You have purchased on Our Website, You refer to our
Refund policy which is hereby incorporated into and made part of these Terms of Service
1- All Content (as further defined below) on the Site is the sole responsibility of the person who originated such content. You acknowledge that all Content transmitted or accessed by you using the Company Services is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. You remain solely responsible for all Content that you transmit in connection with the Company Service, and you warrant that you possess all rights necessary to provide such Content and that you do not violate any third party’s rights in providing such Content. We reserve the right to remove, and to allow certain users to remove, any objectionable Content in our sole discretion.
2- You understand that by providing Content publicly in connection with the Company Service you hereby grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to fully exploit such Content (including all related intellectual property rights) in connection with our business. For purposes of these Terms of Service, the term “Content” includes, without limitation, any information, text, reviews, videos, audio clips, comments, information, data, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible through the Company Service. Company and its licensees may publicly display advertisements and other information adjacent to or included with your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
You expressly represent, warrant, and/or acknowledge that:
1- Company does not warrant or guarantee the suitability or availability of any Material or Content, including without limitation any, data, products or services, found through the Company Service.
2- Company does not screen the authenticity or quality of any Material or Content or any provider of Material or Content, including, data, products or services found through the Company Service.
3- Company makes no representations or promises regarding any Material or Content, and that many of the Material or Content provided via the Company Service may be owned or licensed by third parties.
4- Except as may be stated herein, Company is not a party to any transaction between you and any provider of products or services via the Company Service. Any dispute shall be resolved between yourself and the provider of such products or services or your customer.
5- Any information, including any data, Materials, or Content on the Company Service, including on any Facebook, Instagram or Twitter page, are for informational purposes only.
6- You assume all risk when using the Company Service, including all the risks associated with any online or offline interactions with other users, providers of products and services, and from additional fees or charges from your mobile carrier.
You are strictly prohibited from using the Website or any of the Company's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
MODIFICATION & VARIATION
The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1- YOUR USE OF THE COMPANY SERVICE IS AT YOUR SOLE RISK. THE COMPANY SERVICE AND THE ASSOCIATED MATERIALS AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, COMPANY, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “COMPANY PARTIES”)EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY PARTIES MAKE NO WARRANTY THAT: (I) THE COMPANY SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE COMPANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED VIA THE COMPANY SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY AND ALL PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL, INCLUDING ALL MERCHANDISE, GOODS AND SERVICES, OBTAINED OR PURCHASED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE COMPANY SERVICE WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE COMPANY SERVICE WILL BE CORRECTED.
2- THE COMPANY PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE COMPANY SERVICE, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION OR ANY ‘BUG’ OF THE COMPANY SERVICE; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE COMPANY SERVICE; (V) FOR ANY DISPUTES BETWEEN USERS OF THE COMPANY SERVICE OR BETWEEN A USER OF THE COMPANY SERVICE AND A THIRD PARTY; OR (VI) FOR ANY OTHER MATTER RELATING TO THE COMPANY SERVICE OR ANY THIRD PARTY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES to all damages of any kind, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES THE COMPANY PARTIES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE PRODUCTS, INFORMATION AND COMPANY SERVICE OFFERED ON AND THROUGH THE COMPANY SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
3- NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO TWICE THE CHARGES PAID BY YOU DIRECTLY TO COMPANY FOR ANY PARTICULAR ORDER.
4- YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM YOU MAY BRING MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR IT WILL BE PERMANENTLY barred.
You agree to indemnify, defend and hold harmless the Company Parties and any of its affiliates (if applicable) against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of the Company Service, any activity related to your account by you or any other person permitted by you, any Material that you submit to, post on or transmit through the Company Service, your breach of these Terms of Service, your infringement or violation of any rights of another, or termination of your access to the Company Service. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
You may terminate your use of the Company Service at any time. You agree that Company may terminate or suspend your access to all or part of the Company Service, with or without notice, in our reasonable discretion, at any time. Company reserves the right to modify or discontinue the Company Service (or any part thereof) with or without notice, at any time. Following the termination or cancellation of your subscription to the Company Service and/or your account, we reserve the right to delete all your data in the normal course of operations.
PURCHASES AND PAYMENTS
1- Purchase of Services. Your contract for the purchase of Services, if any, is completed once you confirm your purchase and performance of this contract begins as soon as the purchase is complete.
2- Payment Processing Methods. Company may make available various payment processing methods to facilitate the purchase of Services. You must abide by any relevant terms and conditions or other legal agreement with third party payment processors, that governs your use of a given payment processing method. Company may add or remove payment processing methods at its sole discretion and without notice to you. Once your purchase is complete, Company or the payment processor may charge your credit card or other form of payment that you indicate for any Services purchased, along with any additional applicable amounts (including any taxes). You are solely responsible for all amounts payable associated with purchases you make via the Services.
3- Pricing. Pricing and availability of all Services for sale, if any, displayed through the Site are subject to change at any time before you click the button indicating that you want to purchase such Services.
PROCEDURE FOR NOTIFYING THE COMPANY OF COPYRIGHT INFRINGEMENT.
Those who believe that their copyrighted work has been infringed or are aware of other infringing material, should contact us at the address listed below and provide us with the following information:
a. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
b. Identification of the copyrighted work claimed to have been infringed.
c. Information describing where the allegedly infringing material is located on the service.
d. Your address, telephone number, and email address.
e. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
f. A statement by you that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf. The foregoing information may be emailed or mailed to our Copyright Agent at the addresses listed at the end of this Terms of Service.
Following receipt of the information listed above, we will remove or disable access to the infringing material and take reasonable steps to notify the user responsible for posting said material. The posting of infringing copyrighted material may result in the termination of user privileges of such user.
The Company will be not being considered in breach or in default because of and will not be liable to the other party for, any delay or failure to perform its obligations under this agreement by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that party’s reasonable control (each a “Force Majeure Event”). However, if a Force Majeure Event occurs, the affected party shall, as soon as practicable:
a. notify the other party of the Force Majeure Event and its impact on performance under this agreement; and
b. use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations under this agreement.
APPLICABLE LAW AND JURISDICTION.
Your use of the Service is governed by and will be enforced under the laws of the California without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within this stated Jurisdiction. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. Any controversy, claim, suit, injury or damage arising from or in any way related to the Service or these Terms of Service shall be settled by binding arbitration.
NOTICE OF ARBITRATION AGREEMENT
This agreement provides that all disputes between you and Unowe LLC will be resolved by BINDING ARBITRATION . You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to Small Claims Court).
• Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. • You are entitled to a FAIR HEARING , BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.
• Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
FOR MORE DETAILS, PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY.
1. Dispute Resolution by Arbitration: Any and all claims, controversies, or disputes arising out of or related in any way to your Loan Agreement Truth-in-Lending Disclosure, Note and Personal Property Security Agreement (the “Service Agreement”) entered into by you and us on the same date as this Arbitration Agreement shall be subject to binding arbitration pursuant to the under the Federal Arbitration Act. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. Sections 1-6. This Arbitration Agreement applies to, without limitation, (1) all issues concerning the transaction in connection with which this Arbitration Agreement has been executed; (2) initial claims, counterclaims, cross-claims, and third-party claims, whether arising in law or equity, and whether based upon federal, state, or local law; contract; tort; fraud or other intentional tort; constitution, common law, or statute; (3) any issue as to whether any such claims, controversies, or disputes are subject to arbitration; and (4) any claims, controversies, or disputes that would otherwise be subject to class actions. This means that all claims, controversies or disputes that are the subject of class actions will also be subject to binding arbitration under the FAA and this Arbitration Agreement. THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU OR US TO SERVE AS A PRIVATE ATTORNEY GENERAL, AS A REPRESENTATIVE, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION.
2. Consent to Arbitration: You and we understand and agree that you and we are choosing arbitration rather than litigation to resolve disputes. You and we understand that you and we have the right to litigate disputes but that you and we prefer to do so through arbitration. In arbitration, you may choose to have a hearing and be represented by counsel. THEREFORE, YOU UNDERSTAND THAT BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU VOLUNTARILY AND KNOWINGLY:
(a) WAIVE ANY RIGHTS TO HAVE A TRIAL BY JURY TO RESOLVE ANY CLAIM OR DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES;
(b) WAIVE YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS COURT, RESOLVE ANY CLAIM OR DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; AND
(c) TO THE EXTENT PERMITTED BY APPLICABLE LAW, WAIVE YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED AGAINST US AND/OR RELATED THIRD PARTIES.
3. Opt-Out Right: You may elect to opt out of this Arbitration Agreement by doing any of the following things:
(a) In the signature block at the end of this Arbitration Agreement, writing “Opt Out” in the signature block and initiating it; or
(b) Sending or delivering written notice to the address on this Arbitration Agreement that you wish to opt out of this Arbitration Agreement. This written notice must be received by us by the end of the 30th calendar day after you sign this Agreement.
4. Procedure for Arbitration: Arbitration may be heard, at the claimant’s election, by:
• The American Arbitration Association:
https://www.adr.org – (877) 495-4185– email@example.com
(800) 352-5267 – http://www.jamsadr.com/adr-arbitration/ – http://www.jamsadr.com/contactus/fbGeneral.aspx?xpST=ContactForm
• or any other arbitration forum as you and we may agree.
You may initiate an arbitration by contacting the arbitration forum of your choice at the contact points provided above. If you require assistance in a language other than English, or special services to accommodate a disability, please select an arbitration forum that can accommodate your needs.
(a) The arbitration shall be conducted by a single neutral, qualified and competent arbitrator selected by you and us under the rules of the arbitration forum selected. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitation, and shall honor all claims of privilege recognized by law. The arbitration shall take place in a location determined by the arbitrator the federal district of your residence.
(b) If you file for arbitration under this Arbitration Agreement, the only fee you may require to pay is $200, which is approximately equivalent to current court filing fees. We will bear all other of the arbitration, except for your attorneys’ fees and costs. If we file for arbitration under this Arbitration Agreement, we will be required to pay all costs associated with the arbitration, except for your attorneys’ fees and costs. However, if circumstances relating to the dispute (including, among other things, the size and nature of the dispute, the nature of the services that we have provided you, and your ability to pay) it would be unfair or burdensome for you to pay the arbitration filing fees, we will advance the initial filing, administration, and hearing fees required by the arbitrator, who will ultimately decide who will be responsible for paying those amounts.
(c) You can participate without representation or may choose to be represented by an attorney or other authorized representative, unless that choice is prohibited by applicable law. Because arbitration is a final, legally-binding process that may impact your legal rights, you may want to consider consulting an attorney. Each party, you and we, shall bear our own costs and expenses, including attorneys’ fees, that we incur with respect to the arbitration.
(d) The Arbitrator shall allow for the discovery or exchange of non-privileged information relevant to the dispute, under the Arbitrator’s supervision, prior to the arbitration hearing or submission of written presentations.
(e) Arbitrations may be decided upon written presentations, unless the amount of relief requested exceeds $25,000. The Arbitrator may consider dispositive motions, but shall generally hold a conference call among all the parties prior to permitting any written motion. The Arbitrator may hold hearings in person or by conference call, and hearings generally will not exceed one day. If you or we show good cause, the arbitrator may schedule additional hearings within seven calendar days after the initial hearing.
5. Interpretation of this Arbitration Agreement: Any dispute as to the arbitrability of a claim shall be decided by the arbitrator. Any dispute as to the validity of the portion of this agreement that prohibits class arbitration shall be a matter for resolution by a court and not by the arbitrator. In the event that the court deems the portion of this agreement that prohibits class arbitration to be unenforceable, then the court shall retain jurisdiction over the dispute and this Arbitration Agreement shall be null and void.
6. Statutes of Limitations: All statutes of limitations that are applicable to any claim or dispute shall apply to any arbitration between you and us.
7. Attorneys’ Fees: The arbitrator may, but is not required to, award reasonable expenses and attorneys’ fees to the prevailing party if allowed by statute or applicable law and by the rules of the arbitration forum.
8. Awards: The arbitrator shall issue the award in accordance with the rules of the arbitration forum. Unless you and we agree otherwise, The award shall provide the concise written reasons for the decision and shall apply any identified, pertinent contract terms, statutes and legal precedents. The arbitrator may grant any remedy, relief or outcome that you or we parties could have received in court.
9. Enforcement of Award: The award of the arbitrator shall be binding and final after fifteen (15) days have passed, and judgment upon the arbitrator’s award may thereafter be entered in any court having jurisdiction.
10. Appeal Procedure: Within fifteen (15) days after an award by the arbitrator, any party may appeal the award by requesting in writing a new arbitration before a panel of three neutral arbitrators designated by the same arbitration service. The decision of the panel of three neutral arbitrators will be immediately binding and final.
11. Small Claims Court: Notwithstanding any other provision of this Arbitration Agreement, either you or we shall retain the right to seek adjudication in Small Claims Court of any matter within its jurisdiction. Any matter not within the Small Claims Court’s jurisdiction shall be resolved by arbitration as provided above. Any appeal from a Small Claims Court judgment shall be conducted, at the appellant’s option, either (a) in accordance with the provisions of applicable law (Sections 116.710-116.795 of the California Code of Civil Procedure), or (b) in accordance with Section 8 of this Arbitration Agreement.
These Terms of Service constitute the entire agreement between Company and each user of the Service with respect to the subject matter of these Terms of Service.
a. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
b. The failure of the Company Parties to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service. You may not assign your obligations or rights hereunder to another entity or individual. We may transfer, assign or delegate these Terms of Service and its rights and obligations without your consent.
c. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind us in any respect whatsoever.
a) Language: All communications made or notices given pursuant to this Agreement shall be in the English language.
b) Headings For Convenience Only: Headings of parts and sub-parts under this
Agreement is for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
c) Electronic Communications Permitted: Electronic communications are
permitted to both Parties under this Agreement, including e-mail, Phone or fax or any electronic means of communication. For any questions or concerns, please email Us at the following address: firstname.lastname@example.org
If you have any comments or questions regarding these Terms of Service or wish to report any violation of these Terms of Service, you may contact us at the address below.
Email address: email@example.com