Terms of Service
Updated 6 July 2020
Our Terms of Service
DISCLAIMER – PLEASE READ!
The content of this website and provided through our Services (as defined below) is NOT intended to diagnose any medical condition, replace the advice of a healthcare professional, or provide any medical, dietetic or nutritional advice, diagnosis, or treatment. The content and material provided on our websites and through our Services is for general information and educational purposes only. You should always consult with your health care professional before you begin this or any other diet, nutrition, exercise or fitness program to determine if it is right for you, especially if you are pregnant, breastfeeding, have any medical condition, or take any medications. If at any time you experience faintness, dizziness, pain or shortness of breath while exercising you should stop immediately. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Never disregard professional medical advice or delay in seeking it because of something you have read on this or any website. Your use or reliance on any information or material provided by us, or our owners, managers, employees, coaches or other users through this website, or our Services is solely at your own risk. Developments in medical research may impact the health, fitness, diet and nutritional information that appears here. We make NO warranty, guarantee, or representation that the information contained in this website or provided through our Services includes the most recent findings or developments with respect to the particular material. If you think you may have a medical emergency call 911, your doctor, or go to the emergency room. We do not recommend or endorse any specific test, products, procedures, opinions, medical providers, or other information that may be mentioned on this website or our Services.
Our Terms of Service
If you have any questions about these Terms, please contact us at email@example.com. If for any reason or at any time you do not fully agree to be bound by these Terms, you agree to immediately cease using our Services and our websites.
We reserve the right, in our sole discretion, to change these Terms of Service or implement new conditions for use of our websites and our Services from time to time. The most current version of the Terms as posted on this page will supersede all previous versions. We encourage you to periodically review these Terms to understand any changes or new conditions. You acknowledge that by continuing to use our websites or Services after we post any such changes, you knowingly agree to the Terms of Service, as modified.
Intellectual Property Rights. All material contained on our websites or provided through our Services, including but not limited to the text, graphics, logos, icons, images, audio and video clips, articles, posts and data, is owned by Interstory, Inc., our affiliates or licensors and protected by copyright, trademark, trade secret, trade dress and other intellectual property laws. You may not use the information or material contained on our websites or our Services in a manner that constitutes an infringement of our rights or without our authorization. You agree to use our websites and Services solely for your personal non-commercial use. You specifically acknowledge and agree that you may not modify, copy, reproduce, republish, create derivative works, upload, post, transmit, sell, exploit, translate, or otherwise distribute in any manner through any medium any material from our websites or provided through our Services. No portion of the materials or content on our webpages or provided through our Services may be reprinted or republished in any form without our express written permission. Without limiting the generality of the foregoing, we provide a limited license to you to download or print one copy of individual web pages or documents on our websites or provided through our Services for your personal, non-commercial use, provided any documents retain all original copyright and other notices or attributions.
Your Responsibilities. You acknowledge, agree and promise that you will not: (1) use a robot, spider, AI, or data mining or extraction tool, program or process to monitor, extract or copy any our websites content; (2) use any meta tags, search terms, key terms, links, code or related SEO or marketing tool that contain any names or trademarks used in our websites, business or Services; (3) engage in any activity that interferes with our websites or Services, or any other user’s ability to use our websites or Services; (4) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide our Services; (5) assist or encourage any third party to engage in any activity prohibited by these Terms of Service.
You shall not use the websites for any illegal purposes, and you agree to use it in compliance with all applicable laws and regulations. You shall not use our websites in any way that may cause the websites to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the websites is in any way impaired. You agree not to attempt any unauthorized access to any part or component of the websites.
Without limiting the generality of the foregoing, you agree that you will not:
1. Upload, post, email or otherwise transmit any material or other content that: (i) is defamatory, libelous, disruptive, threatening, invasive of a person’s privacy or publicity rights, harmful, abusive, harassing, obscene, hateful, intended to incite violence, or racially, ethnically or otherwise objectionable, or that otherwise violates any law; (ii) contains software viruses, worms, malware, Trojan horses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity’s intellectual property rights (including but not limited to, patent, trademark, trade secret, trade dress, copyright or other intellectual property right).
2. Impersonate any person or entity or otherwise misrepresent your identity or affiliation with a person or entity.
3. Repeatedly post the same or similar message (“flooding”) or post excessively large or inappropriate images or content.
4. Distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters.
5. Upload, post, email or otherwise transmit any material or other content that is machine generated or randomly generated, and contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, regardless of whether you authorized the use or not. You agree to notify Interstory immediately of any unauthorized access to your account and acknowledge that Interstory shall not be liable for any acts or omissions by you, including any claim for damages of any kind related to access or use of your account.
In the event you choose to communicate or meet with other users of our websites or Services, you acknowledge and agree that you do so at your own risk. We do not, and have no obligation to verify the identity of or otherwise screen users for any reason. You acknowledge that there are risks, including the risk of physical harm, when dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you may come in contact through the websites or Services.
Our websites and Services are intended for users 18 years old and over. We will not knowingly allow any user less than 18 years of age to submit any third-party content to our websites or Services.
Your License to Us. By posting or submitting any material including, without limitation, comments, courses, training materials, blog entries, postings, photos and videos to us via our websites, communities, blogs, internet groups, social media or other public platforms, or to any of our staff via email, text or otherwise, you represent that: (i) you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) you are thirteen years of age or older. In addition, when you submit, email, text, deliver or post any material, you are granting us, and anyone we authorize, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, distribute, modify, exploit, transmit, sell, create derivative works, or publicly perform or display such material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose. The foregoing grant includes all rights to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, our assigns, and anyone authorized by us the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge that we have the right, but not the obligation, to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any portion or all of the materials, at any time for any reason.
DMCA Notice. We respect intellectual property rights. For claims of copyright infringement, or you believe your rights are otherwise infringed or violated by anything our websites, please notify us by sending an email at the following address: firstname.lastname@example.org with “DMCA” in the subject line, or by mail or courier to us at:
182-21 150th Avenue
Springfield Gardens, NY
Your written notification should include all of the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Reasonably sufficient information to permit us to contact the complaining party, such as name, address, phone number and email address.
5. A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will terminate the accounts of users who are repeat copyright infringers.
Errors and Inaccuracies. We strive to provide complete, accurate, up-to-date information on the websites; however, human or technological errors may occur. The websites may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of products or events we promote, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after you submit an order and to change or update information at any time without prior notice.
You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the websites.
Third-Party Content and Acceptable Use. Our current and future websites, blogs, communities, third-party platforms or other methods of delivering our Services, may now or in the future contain interactive portions, such as forums, communities, message boards, blogs, or other types of interactive features that allow you as a user to post content on, including but not limited to, our websites, blog, and third-party platforms. You understand and acknowledge that we have no obligation to actively monitor any interactive portions, including but not limited to posts and messages, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content of any user comments or other content posted or uploaded by a user or written and uploaded by others, including Coaches and Community Leaders. You acknowledge that user comments and other content posted or uploaded by a user or others express the views and opinions of the author and do not necessarily reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post any third-party content for any reason.
All Coaches, Community leaders or moderators are independent contractors, and not employees or agents of Interstory, Inc. and may not legally bind Interstory, Inc. to any agreement with you.
If you believe that any third-party content is inaccurate, objectionable, or violates these Terms or the law, please contact us at email@example.com. Please provide us with detailed information about the nature and location (such as URL) of the alleged objectionable material so that we may easily locate and investigate.
Subscriptions, Renewals, Sales and Payments. Optional paid services or upgrades may be available on our websites or through our Services. When utilizing an optional paid service or upgrade, you agree to pay Interstory the monthly or annual subscription fees indicated. Payments will be charged on a pre-pay basis on the day you begin utilizing the service or upgrade and will cover the use of that service or upgrade for a monthly or annual subscription period as indicated. These fees are not refundable.
Unless you notify interstory before the end of the applicable subscription period that you want to cancel a service or upgrade, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time.
Nothing on our websites or Services constitutes a binding offer to sell products as described or make products available in your area. All prices shown on the websites or through our Services are in U.S. dollars, and we only accept payment in U.S. dollars. In the event an incorrect price is listed for a service or subscription, we reserve the right to refuse or cancel your order regardless of whether the order has been confirmed or your debit or credit card charged. If your debit or credit card is charged for a purchase and your corresponding order is canceled, we will issue a credit to the account charged in compliance with the payment processor and debit or credit card issuer’s policies.
You agree that you are financially responsible and promise to pay for all purchases made by you or anyone acting on your behalf through our websites or Services. We accept payment for our Services through our third-party payment processors. If you enter incorrect payment, billing or contact information it will delay processing of your order. Your credit card will be billed upon shipment of your order. You further authorize us, and our payment processors, to charge the debit or credit card provided for any subscriptions, memberships or other charges ordered through our websites or Services.
You agree to use any products or services purchased through our websites or Services only for legitimate, non-commercial purposes. You agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase products or services for yourself or someone who has authorized you to do so. When making a purchase for a third party that requires you to submit the third party's personal information, you represent that you obtained the knowing and express consent and authorization of the third party to provide their personal information.
You agree to pay any applicable sales tax and authorize us to charge the debit or credit card provided automatically for all applicable sales taxes. You acknowledged that you remain responsible as the customer to report any purchases that have not been taxed by us and pay the applicable sales or use tax on those purchases, unless exempt, under local state law.
NO MEDICAL ADVICE. INFORMATION PROVIDED ON OUR WEBSITES OR THROUGH OUR SERVICES ARE NOT INTENDED TO AND SHALL NOT CONSTITUTE THE PROVISION OF MEDICAL OR PROFESSIONAL HEALTH CARE, DIETETIC OR NUTRITIONAL ADVICE OR SERVICES THAT REQUIRE LICENSING. ALL DATA, INFORMATION, ADVICE, TEXT, GRAPHICS, LINKS, AND OTHER MATERIAL ON THE WEBSITES OR PROVIDED THROUGH OUR SERVICES IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. INFORMATION ON THIS WEBSITES OR PROVIDED THROUGH OUR SERVICES IS NOT INTENDED TO AUGMENT OTHER SOURCES OF INFORMATION AND ARE NEVER A SUBSTITUTE FOR YOUR PERSONAL RESPONSIBILITY AND DUE DILIGENCE.
YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION OR MATERIAL PROVIDED ON OUR WEBSITES OR THROUGH OUR SERVICES IS NOT INTENDED TO SERVE AS CLINICAL, MEDICAL, DIETETIC OR NUTRITIONAL ADVICE, NOR IS IT INTENDED TO BE USED FOR DIAGNOSIS OR TREATMENT OF ANY CONDITION OR SYMPTOM. YOU SHOULD CONSULT WITH YOUR PHYSICIAN, MENTAL HEALTH PROFESSIONAL, OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY SPECIFIC QUESTIONS YOU HAVE. YOU SHOULD NEVER DISREGARD PROFESSIONAL ADVICE OR DELAY SEEKING TREATMENT BASED ON ANY INFORMATION CONTAINED IN OUR WEBSITES OR ANY WEBSITE LINKED TO FROM OUR WEBSITES OR PROVIDED THROUGH OUR SERVICES.
INFORMATION CONTAINED IN THE WEBSITES OR PROVIDED THROUGH OUR SERVICES IS GENERAL IN NATURE AND NOT INTENDED TO ADDRESS YOUR INDIVIDUAL SITUATION. SHOULD YOU HAVE ANY HEALTH CARE RELATED QUESTIONS, CALL OR SEE YOUR PHYSICIAN, MENTAL HEALTH PROFESSIONAL, OR OTHER QUALIFIED HEALTHCARE PROVIDER PROMPTLY, OR CONTACT YOUR LOCAL EMERGENCY ROOM OR CALL 911 IN THE US IN CASE OF AN EMERGENCY. ALWAYS CONSULT WITH YOUR PHYSICIAN, MENTAL HEALTH PROFESSIONAL, OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE EMBARKING ON A NEW DIET, NUTRITION OR EXERCISE PROGRAM.
DISCLAIMERS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITES OR PROVIDED THROUGH OUR SERVICES OR THE SUCCESS USERS WILL HAVE AS A RESULT OF THE PRODUCTS SOLD ON OUR WEBSITES OR SERVICES PROVIDED. OUR WEBSITES, SERVICES, AND PRODUCTS ARE SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITES, INFORMATION PROVIDED THROUGH OUR SERVICES OR THE PRODUCTS SOLD, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM ANY COURSE OF DEALING OR USAGE OR TRADE.
WE MAKE NO WARRANTY THAT OUR WEBSITES, COMMUNITIES, COACHES, BLOGS OR OTHER PLATFORMS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.
LIMITATIONS ON LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL INTERSTORY, INC., ITS OWNERS, OFFICERS, MANAGERS, EMPLOYEES, COACHES, AGENTS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ANY MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH OUR WEBSITES, SERVICES OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES. IN THOSE JURISDICTIONS YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF ANY SUBSIDIARY OR PARENT COMPANIES, OWNERS, OFFICERS, EMPLOYEES, AGENTS, COACHES, OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, PRODUCTS, SERVICES, OR MATERIALS.
WE CONTINUALLY UPDATE AND DEVELOP OUR WEBSITES AND WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. ADDITIONALLY, WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF OUR WEBSITES OR SERVICES WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED. THIS INCLUDES BUT IS NOT LIMITED TO ANY INJURY CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY.
CONTENT RELATING TO HEALTH, DIETETICS, NUTRITION AND WELLNESS ON OUR SITES OR THROUGH OUR SERVICES. OUR COMMUNITIES OR COACHES MAY OFFER GENERAL HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. WE ENCOURAGE YOU TO CONTINUE VISITING WITH AND BEING TREATED BY YOUR PRIMARY CARE PHYSICIAN OR HEALTH CARE PROVIDER. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON OUR WEBSITES OR THROUGH OUR SERVICES. CONSULT WITH YOUR OWN MEDICAL PROFESSIONAL REGARDING ANY NUTRITIONAL SUPPLEMENTS TO EVALUATE IF THEY COULD ADVERSELY AFFECT OR REACT WITH ANY MEDICATIONS OR PRE-EXISTING CONDITIONS. THE USE OF ANY INFORMATION PROVIDED ON OUR WEBSITES AND THROUGH OUR SERVICES IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE IN ANY COMMUNITY OR THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, DIETETICS, NUTRITIONAL COUNSELING OR CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, DIETETICS, NUTRITION OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
INDEMNIFICATION. YOU AGREE TO BE FULLY RESPONSIBLE FOR, AND FULLY INDEMNIFY US AGAINST, ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY THIRD-PARTY CONTENT YOU POST TO OUR WEBSITES OR SERVICES, ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF SERVICE BY YOU OR ANY PERSON ACCESSING OUR WEBSITES OR SERVICES USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT, AND ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF OUR WEBSITES OR SERVICES.
Choice of law, jurisdiction and binding arbitration. By visiting our websites or using our Services, you acknowledge and agree that these Terms and all claims arising out of or related to it or our Services, shall be governed solely by the internal laws of the State of Delaware, including without limitation applicable federal law and without reference to: (a) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (c) other international laws.
We and You, as the “parties” to this contract, agree that in the event of any dispute, the party wishing to address the dispute must first contact the other party in writing, including by e-mail, and advise the other party of the dispute in reasonable detail as well as informing the other party of the remedy being sought. The parties shall then make a good faith effort to resolve the dispute through negotiation and mediation, before resorting to more formal means of resolution. In the event that the dispute is not resolved through a good faith effort through this informal procedure, the party raising the dispute may proceed to mandatory arbitration as set forth below.
The parties agree that should the informal process set forth in the preceding paragraph fail to resolve any dispute between us, then any and all disputes remaining will be resolved by binding arbitration. Each party knowingly and specifically waive any right to go to court to assert or defend our or your respective rights. Except that matters that meet the jurisdictional requirements may be taken to small claims court. Except as set forth in these Terms any dispute arising out of or relating to these Terms, or our Services, including with respect to the interpretation of any provision of these Terms or other agreements between you and us, or concerning either party’s performance or obligations, shall be resolved by mandatory and binding arbitration submitted to the American Arbitration Association pursuant to its Commercial Arbitration Rules, or similar rules in effect at the time, for binding decision by a single arbitrator. The parties agree that the arbitrator shall, after reaching judgment and award, prepare and distribute to the parties a written statement stating the disposition of each claim, as well as a concise statement of the essential findings and conclusions on which the award is based. The award of the arbitrator(s) shall be final and binding on the parties and judgment may be entered in a court of competent jurisdiction. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will be conducted in the city of Dover, Delaware and the parties consent to the personal and exclusive jurisdiction of the arbitrator and venue for arbitration in Kent County, Delaware. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and the administrative fees of arbitration.
The Federal Arbitration Act and federal arbitration law apply to these Terms. Either party also may, without waiving any remedy under these Terms, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).
Without limiting the foregoing, the parties also agree that a party may bring suit in a Federal or State court having jurisdiction, located in Kent County, Delaware to enjoin infringement or other misuse of intellectual property rights.
Class Action Waiver. You agree that you may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You acknowledge and agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
Notice for California Users. Under California Civil Code Section 1789.3, California Website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or by email at firstname.lastname@example.org. In California, consumers shall not be required to pay the fees and costs of arbitration incurred by us if the consumer does not prevail in the arbitration.
Notice For New Jersey Users. Any disclaimer, limitation of liability, indemnification or damages provisions contained herein shall apply to New Jersey residents or New Jersey transactions only to the extent permitted by New Jersey law or New Jersey public policy.
Miscellaneous. To the extent permitted by applicable law, the parties waive any provision of law that would render any clause of these Terms invalid or otherwise unenforceable in any respect. If a provision of these Terms is held invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms will continue in full force and effect.
No delay, failure, or default, other than a failure to pay monies when due, will constitute a breach of the Terms to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or nature, strikes or other labor disputes, riots or acts of civil disorder, embargoes, or other causes beyond the performing party’s reasonable control.
We will not be deemed to have waived any of our rights under these Terms by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of these Terms shall constitute a waiver of any other breach of these Terms.