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Terms of Use

Last updated: January 12, 2020

Introduction

These Terms of Use and any terms expressly incorporated herein (these “Terms”) apply to any access to, or use of, any services made available by moveBuddha LLC, together with its subsidiaries and affiliates (“moveBuddha”, “we”, “us” or “our”), including without limitation, our website located at https://moveBuddha.com/ (the “Site”), and any software and any information or services that link to these Terms (collectively, the “Services”). For the purposes of these Terms, the terms “you”, “your”, and “yourself” means you as the user of the Services.

These Terms form a legally binding agreement between you and us. Please take the time to read these terms carefully. These Terms should be read in conjunction with moveBuddha’s Privacy Policy (our “Privacy Policy”), as the same may be updated, from time to time, which can be found at https://www.movebuddha.com/privacy-policy/.

BY USING THE SERVICES, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICES.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND MOVEBUDDHA AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND MOVEBUDDHA WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Changes to these Terms

We retain the exclusive right, in our sole discretion, to make changes to these Terms, from time to time. Your continued access to and use of the Services constitutes your agreement to be bound by, and your acceptance of, the Terms posted at such time. You acknowledge and agree that you accept these Terms (and any amendments thereto) each time you access or use the Services. Therefore, we encourage you to review these Terms regularly.

Our Services: Moving Agreements

  • We are a moving information and resources website that acts as a neutral venue where users (each, a “User”) can request quotes and other information from companies that provide transport goods for compensation and/or related moving services (“Movers”) and enter into related services agreements (“Moving Agreements”).
  • We do not perform any moving related services or enter into Moving Agreements with any User. We are not a party to any Moving Agreement made between our Users and their chosen Movers found via the Services. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place between our Users and any Movers. We do not prequalify or validate the claims or qualifications of Movers. We do not recommend or refer any specific Mover, nor do we have any control or influence over actions or decisions made by Users of the Service. All Users of the Services make their own decisions, and you acknowledge and agree that we are not, in any way, arranging moving services on your behalf. Because we are not involved in the actual transaction between Users and Movers, we have no control over the accuracy of listings or the ability of Movers to transport items. We cannot ensure that any Mover will actually complete a move. We cannot and do not guarantee the ability of Users to complete or fulfill any services booked using the Services. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and do not guarantee the verification of any User’s identity. Any identity verification methods we employ are strictly on a reasonable efforts basis and should not be solely relied upon by our Users. You acknowledge and agree that any and all communications, correspondence, verbal or written or by electronic means, or any warranties or representations made with regard to the arrangement of moving services are not provided by us and are specifically and solely between you and the other User.

Access to the Site and Services

You agree that you can form legally binding contracts under applicable law. Our Services are not available to temporarily or indefinitely suspended Users. You acknowledge that you are at least eighteen (18) years of age and you have reached the age of majority in the State or jurisdiction where you live or reside. If you are not yet 18 years old or have not reached the age of majority in the State or jurisdiction in which you live or reside, you may not use our Services. You are responsible for making all arrangements necessary for you to have access to the Services and ensuring that all persons who access the Services through your Internet connection comply with these Terms.

Intellectual Property Rights

Rights We Reserve for Ourselves

We expressly and exclusively reserve for ourself any and all registered and unregistered rights (whether or not registrable) granted, applied for, or otherwise now or hereafter in existence under or related to any patent or patentable subject matter, copyright or copyrightable subject matter, trademark or trademarkable subject matter, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world (the “Intellectual Property Rights”) that are created, generated, acquired, or used in connection with the Services. Nothing herein shall be deemed to grant any rights or licenses to our Intellectual Property Rights to you, except as is expressly required for you to use the Services (but not apart from your use thereof).

Rights You Grant Us

  • You hereby grant to us a royalty-free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium or manner, any text, information, data, materials, images, or other content you provide to us using the Services or submit or post to the Services and that is not Feedback (as defined below) owned by us (the “User Content”). You are solely responsible for User Content, and we act merely as a passive conduit for your online distribution and publication of your User Content. You acknowledge and agree that we are not involved in the creation or development of User Content, disclaim any responsibility for User Content, and cannot be liable for claims arising out of or relating to User Content. Further, you acknowledge and agree that we have no obligation to monitor or review User Content but reserve the right to limit or remove User Content if it is not compliant with these Terms.
  • You hereby represent and warrant to us that your User Content (i) will not be false, inaccurate, incomplete or misleading; (ii) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (iii) will not infringe on any third-party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality; (iv) will not violate any law, statute, ordinance, code, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (v) will not be defamatory, libelous, malicious, threatening, or harassing; (vi) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (vii) will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) will not claim or suggest, in any way, that you are employed or directly engaged by or affiliated with us or otherwise purport to act as a representative or agent of ours; and (ix) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs) or other partners or suppliers.
  • The Services host User Content relating to reviews and ratings of specific Movers (“Feedback”). Feedback is such User’s opinion and not our opinion and has not been verified or approved by us. You agree that we are not responsible or liable for any Feedback or other User Content. We encourage each User to give objective, constructive and honest Feedback about those with whom they have transacted. We are not obligated to investigate any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Feedback, but may do so at our sole discretion. You agree that Feedback enables Users to post and other Users to read about Users’ expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such Feedback.
  • You agree that we will own all Feedback and you hereby assign to us all right, title and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.

Rights We Grant You

  • Subject to your full compliance with these Terms and any other usage policies that we may enact, from time to time, we grant you a personal, non-exclusive, revocable, worldwide, royalty-free, non-assignable, non-transferrable, and non-sublicensable license to use our website for the sole purpose of accessing and using the Services.
  • You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions, or you have our written permission to do so.

Copyright Policy

  • We honor copyright laws, including the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”). We therefore take reasonable steps to expeditiously remove from our Services any infringing material of which we become aware. If we become aware that one of our Users has repeatedly infringed copyrights, we will take reasonable steps, within our power, to terminate the User’s access to the Services.
  • We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please report it by filing a notice with our designated agent:
    moveBuddha LLC
    Attn: Copyright Agent
    320 East Clayton Street
    Suite 508
    Athens, Georgia 30601
    email: [email protected]
    Note – Do not use this email address for anything other than reporting copyright infringement, as such emails will be ignored.
  • If you file a notice with our designated agent, the notice must comply with the requirements set forth at 17 U.S.C. § 512(c)(3) (or any successor statute thereto). That means that such notice must:
    • Contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
    • Identify the copyrighted work claimed to have been infringed;
    • Identify 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 let us locate the material;
    • Provide your contact information, including your address, telephone number, and an email address;
    • Provide a personal statement that you have 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; and
    • Provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Public Area: Acceptable Use

Public Areas

  • The Services may contain profiles, email systems, blogs, message boards, reviews, ratings, opportunity postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Services, you should not share your personal contact information with other Users.
  • You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. We will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.

Acceptable Use

  • You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
    • In any way that violates any applicable federal, state, local, or international law or regulation;
    • 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 which does not comply with our published content standards set out in these Terms;
    • To transmit, or procure the sending of, any advertising, promotional, or otherwise unsolicited material, including but not limited to any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
    • To impersonate or attempt to impersonate us, one of our employees, another User, or any other person or entity (including, without limitation, by using their e-mail addresses or screen names);
    • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or Users of the Services or expose them to liability;
    • To monitor, scrape, index, or otherwise copy any of the material on the Services by means of any robot, spider, or other automatic device, process, or means, regardless of whether such use may be considered a fair use under United States copyright law;
    • In a manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services;
    • To introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
    • To attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services; or
    • To attack the Services via a denial-of-service attack or distributed denial-of-service attack.
  • We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion, for any reason or no reason. For example, we may remove or disable access to content (including any User Content) upon finding the content objectionable, in violation of these Terms, or otherwise harmful to the Services or our Users.

Do Not Rely on Information Posted

  • The content of the Services is offered for general information purposes only. Some of the content is unmoderated and reflects the personal opinions of Users (including User Content). You should be skeptical about any information on the Services because the information may be offensive, harmful, and/or wrong. Neither the content of the Services, nor the links to other websites contained therein, are routinely moderated, screened, approved, reviewed, or endorsed by us or any affiliated person or entity.
  • We do not warrant the accuracy, completeness, or usefulness of the information on the Services. 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 Services, or by anyone who may be informed of any of its contents.
  • The Services may include content provided by third-parties, including materials provided by other Users and third-parties. 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 us, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect our opinions. 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.
  • Termination You may terminate your ongoing need to comply with these Terms at any time by ceasing all use of the Services. All parts of these Terms which, by their nature, should survive the expiration or termination of the applicability of these Terms to our relationship shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms or your use of the Services.
  • Security While we work to protect the security of our Services, we cannot guarantee that unauthorized third-parties will not be able to defeat the security measures of the Services. If you choose, or are provided with any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any breach of security of the Services of which you become aware.
  • Privacy Policy Please refer to our Privacy Policy, as updated from time to time, located at: https://www.movebuddha.com/privacy-policy/, or such other URL as we may provide, from time to time, for information about how we collect, use, and share your information. By using and providing information to or through the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
  • Third-Party Links, Services, and Services The Services may contain links (such as hyperlinks) to third-party websites. Such links do not constitute any endorsement by us or association with those websites, their content or their operators. Such links (including, without limitation, external websites that are framed by the Services as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. We do not control any such websites, and are not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that we are not involved in the creation or development of third-party websites and disclaim any responsibility for third-party websites and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that we have no obligation to monitor, review, or remove links to third-party websites, but reserve the right to limit or remove links to third-party websites on the Services, in our sole discretion. The use of any website controlled, owned or operated by a third-party is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. We expressly disclaim any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Services. You hereby agree to hold us harmless from any liability that may result from the use of links that may appear on the Services.
  • Our Information As a result of the performance of these Terms and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of, or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business (“Our Information”). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of these Terms. Any disclosure of Our Information to a third-party specifically including a direct competitor is strictly prohibited. All obligations contained in this Section 10 shall survive the expiration or other termination of these Terms. Furthermore, you acknowledge that Our Information is proprietary, confidential, and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief in addition to any recovery for damages that may be available at law.
  • Indemnity You agree to indemnify, defend, and hold us harmless from any claims, losses, or damages, including legal fees, resulting from your violation of these Terms, your use of the Services, or your placement of any content onto the Services, and to fully cooperate in our defense against any such claims.
  • Disclaimer and Limitation of Liability
    • The Services and any information, products, or services therein are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. We hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
    • We do not warrant that the Services will operate in an uninterrupted or error-free manner or that the Services are free of viruses or other harmful components. Use of the Services or information obtained from or through the Services is at your own risk.
    • In no event will we, our affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for any loss or damages, under any legal theory, arising out of or in connection with your use, or inability to use, the Services, any websites linked to the Services, any content on the Services or such other websites or any services obtained through the Services 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.
  • Telephone Communications and Agreement to be Contacted
    • You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive calls or text messages (which may include prerecorded voice messages, and/or autodialed calls) from Movers related to your moving inquiries. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that we may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from Movers stop using the Services, except if you opt-out (see below). You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services.
    • Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, text STOP to any text message you receive. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming your opt-out. To opt-out of automated voice calls (not text messages), you must contact the Mover. It is your sole responsibility to notify us and/or the Mover if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you.
    • There is no fee to receive automated telephone calls or text messages from Movers. However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that we and any Movers are not responsible for such charges.
    • You must notify the Mover immediately of any breach of security or unauthorized use of your telephone device. We and the Movers will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.
    • You agree to indemnify us and the applicable Movers for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us or the applicable Mover of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.
    • You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section will survive termination of these Terms.
  • Arbitration, Class-Action, and Jury Waiver PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms became applicable or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the expiration or other termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below. By agreeing to these Terms, you agree to resolve any and all disputes with us as follows:
    • Initial Dispute Resolution Most disputes can be resolved without resort to litigation. You can reach our support department at [email protected] Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with our support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
    • Binding Arbitration If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms or previous versions of these Terms (including the Terms’ or the Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Services shall be finally settled by binding arbitration, as described below.
      • Where the relief sought is ten thousand dollars ($10,000), or less, and you do not wish to bring the claim in small claims court, the arbitration will be conducted online by an online arbitration provider of our choosing in accordance with their applicable Arbitration Rules & Procedures effective at the time a claim is made. Currently, to start, you may initiate arbitration proceedings on the FairClaims website. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
      • Where the relief sought is $10,001, or more, resolution shall be in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. To start an arbitration with JAMS, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 1201 W Peachtree, NW, Suite 2650, Atlanta, Georgia 30309; and (c) send one copy of the Demand for Arbitration to us at 735 Nantahala Avenue, Athens, Georgia 30601, ATTN: Legal. You will be required to pay $250.00 to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, we will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
      • The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of agreement under these Terms or the Privacy Policy, including, but not limited to, any claim that all or any part of these Terms or the Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
      • The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. The parties further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
      • If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of Georgia, United States of America. The parties further agree to submit to the personal jurisdiction of any federal or state court in Clarke County, Georgia in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
    • Class Action Waiver The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
    • Exception: Litigation of Intellectual Property and Small Claims Court Claims Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in State or federal court or in the U.S. Patent and Trademark Office to protect our Intellectual Property Rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
    • 30-Day Right to Opt-Out You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending a written notice of your decision to opt-out to [email protected] with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT”. The notice must be sent within thirty (30) days your first use of the Services; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.
    • Changes to this Section
      • We will provide at least thirty (30) days’ notice of any changes affecting the substance of this Arbitration and Class Action Waiver Section by posting on our Services. Amendments will become effective thirty (30) days after they are posted on our Services.
      • Changes to this Section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to this Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver”, and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.
    • Arbitration Agreement Survival This arbitration agreement shall survive the termination of your relationship with us.

Contact Us

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

Miscellaneous

Governing Law

The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, shall be governed by and construed and enforced in accordance with the laws of State of Georgia, without regard to conflict of law rules or principles (whether of Georgia or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that we may initiate a proceeding related to the enforcement or validity of our Intellectual Property Rights in any court having jurisdiction. With respect to any other proceeding that is not subject to arbitration under these Terms, the federal and state courts located in Athens, Georgia will have exclusive jurisdiction. You waive any objection to venue in any such courts.

No Conflicts

These Terms shall govern and any conflicting, inconsistent, or additional terms contained in such documents shall be null and void.

Assignment

These Terms are binding upon and inure to the benefit of the permitted successors and assigns of each party. You may not assign, subcontract, delegate or otherwise convey these Terms, or any of its rights and obligations hereunder. Notwithstanding anything to the contrary in these Terms, we may assign, transfer, and delegate this agreement (these Terms) and our obligations hereunder at any time, in our sole discretion.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any such provision in every other respect and the remaining provisions of these Terms shall be unimpaired and these Terms shall continue in full force and effect, unless the provisions held invalid, illegal, or unenforceable would substantially impair the benefits of the remaining provisions hereof.

Waiver

The failure of either party to insist upon strict performance or to seek remedy for breach of any term of these Terms, or to exercise any right, remedy or election herein or permitted by law or equity, will not constitute nor be construed as a waiver or relinquishment in the future of such term, condition, right, remedy, or election. Any consent, waiver, or approval by either party of any act or matter will not be effective unless made in writing and signed by an authorized representative of the consenting, waiving, or approving party.

Force Majeure

We will not be responsible or liable to you or deemed in default or breach hereunder by reason of any failure or delay in the performance of our obligations hereunder (including the temporary unavailability or inaccessibility of the Services) where such failure is the result of Force Majeure. As defined herein, “Force Majeure” means any (a) acts of God, flood, fire, wind, storm, drought, earthquake, or other natural disaster; (b) epidemic, pandemic or other public health emergency; (c) terrorist attack, civil war, civil commotion or riot, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination, or sonic boom; (e) any law or any action taken by a government or public authority; (f) collapse of building, breakdown of plant or machinery, fire, explosion, or accident; (g) any labor or trade dispute, materials or transport, strike, industrial action or lockout; (h) interruption or failure of utility service; or (i) or any other cause, whether similar or dissimilar to those enumerated, that is beyond our reasonable control and without our fault or negligence.

No Third-Party Beneficiaries

These Terms are personal to you and to us, and no third-party shall be considered a beneficiary hereof, for any purpose.

No Agency or Employment

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms.

Equitable Relief

You acknowledge and agree that your breach of these Terms would cause irreparable harm to us, for which money damages alone would be inadequate. In addition to damages and any other remedies to which we may be entitled, you acknowledge and agree that we may seek and shall be entitled to injunctive relief hereunder to prevent the actual, threatened or continued breach of these Terms.

Entire Agreement; Order of Precedence

These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.

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