Terms and Conditions of Website Use
Last updated
December 7, 2024.
Welcome to techsherpa.co. This website (the "Website") is owned, controlled,
and operated by M Fisher LLC DBA Tech Sherpa, a Florida limited liability
company (sometimes referred to in this document as "we" or
"us"). These Terms and Conditions of Website Use ("Terms")
apply to your access and use of our services at the Website. Please read these
Terms and our Privacy Policy carefully before accessing or using the Website.
These Terms spell out what you can expect from us and what we expect from you.
In accessing, browsing and/or using any area of the Website, you acknowledge that
you have read, understand, and agree to be bound by these Terms and Conditions.
We may make revisions to these Terms from time to time. By using the Website,
you agree to be bound by such revisions and should therefore periodically visit
this page to determine the then current version of these Terms to which you are
bound. We may modify, update, or change these Terms from time to time without
prior notice. We will endeavor to inform existing users when these Terms are
revised by posting a Notice on the homepage of our Website. If you do not agree
with these Terms, do not access or use the Website.
1. Restrictions on Use of Materials
a. Licensing, Eligibility, and Use of the Website
When you provide information to the Website, you agree to provide only true,
accurate, current and complete information. If you provide any information that
is untrue, inaccurate, not current or incomplete, or if we have reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, we have the right to refuse any and all current or future use of
the Website (or any portion thereof).
Subject to compliance with these Terms, for a limited time, the Website is granting its
users a free, non-exclusive license together with the authority to use the
Website, its services, and technology (collectively, the
"Technology"). We reserve the right to charge fees for using the
Technology in the future.
You understand and agree that the Website is provided "as-is" and that we
assume no responsibility for the timeliness, deletion, mis-delivery, or failure
to store any user communications or personalization settings, if any. You may
not (i) copy, modify, redistribute, sell, sublicense, assign, or transfer, any
Technology, (ii) copy or adapt the source or object code of the Website's
software, HTML, JavaScript or other programming code, or (iii) reverse
engineer, decompile, reverse assemble, modify or attempt to discover any source
code that the Website creates to generate web pages or any software or other
products or processes accessible through the Website.
You also agree that you will not (i) use any robot, spider, rover, scraper, or any
other data mining technology or automatic or manual process to monitor, cache,
frame, mask, extract data from, copy or distribute the Technology (except as
may be a result of standard Internet browser or search engine), (ii) fail to
follow the instructions provided on the Website in a "robots.txt"
file or similar mechanism (to the extent that you provide standard search
engine services to the public), nor (iii) modify, frame, reproduce, archive,
sell, lease, rent, exchange, create derivative works from, publish by hard copy
or electronic means, publicly perform, display, disseminate, distribute,
broadcast, retransmit, circulate to any third-party or on any third-party
website, or otherwise use the Technology in any way for any public or
commercial purpose except as specifically permitted by these Terms or us
without our prior written consent.
We will employ reasonable measures to protect the security of users and user
information, but make no warranty with respect to the data posted on or
uploaded to the Website, including but not limited to, statistical data, news,
and information. The Website assigns internal user IDs that are utilized to
ensure that each user's unique information is properly linked within the
Website universe.
You must be 18 or over, or the legal age to form a binding contract in your
jurisdiction if that age is greater than 18 years of age, to use the Website
and services. If you are between the ages of 13 and 18 or the applicable legal
age in your jurisdiction, you can use the Website or services only in
conjunction with, and under the supervision of, your parent or guardian who has
agreed to these Terms and Conditions. If you are under the age of 13, you may
not use the Website or services, in compliance with the Children's Online
Privacy Protection Act. If you are the parent or legal guardian of a child
under the age of 18, you may use the Website or services on behalf of such
minor child. By using the Website or services on behalf of a minor child, you
represent and warrant that you are the parent or legal guardian of such child.
If you do not qualify under these terms, do not use the Website or services. By
using the Website and/or the services, you represent and warrant that you have
the right, authority, and capacity to enter into these Terms and to abide by
all of the terms and conditions set forth herein. The Website is administered
in the U.S. and intended for U.S. users; any use outside of the U.S. is at the
user's own risk and users are responsible for compliance with any local laws
applicable to their use of the services or the Website.
b. Trademarks
The trademarks, service marks, trade names, and logos (collectively
"Trademarks") used and displayed on the Website are registered and
unregistered marks owned by us, our affiliates, or others. Nothing on the
Website should be construed as granting by implication, estoppel, or otherwise,
any license or right to use any Trademark displayed on the Website without our
prior written permission. The Trademarks (registered and unregistered) are
protected by U.S. and international copyright and other intellectual property
laws. We aggressively enforce our intellectual property rights to the fullest
extent of the law. Our name and logo may not be used in any way, including in
advertising or publicity pertaining to distribution of materials on the
Website, without our prior written permission. The Trademarks may not be used
(i) to identify products or services that are not ours, (ii) in any manner
likely to cause confusion, (iii) in or as a part of your trademarks, (iv) in a
manner that implies that we sponsor or endorse your products or services, or
(v) in any manner that disparages or discredits us.
c. Copyright Notice
You acknowledge that the Website contains information, data, software, text,
photographs, images, graphs, audio and video clips, typefaces, graphics,
layout, music, sounds, button icons, logos, look and feel of the Website, and
other material (collectively "Company Content") that are protected by
copyrights, trademarks, trade secrets, or other proprietary rights, and that
these rights are valid and protected in all forms, media and technologies
existing now or hereafter developed. All Company Content is copyrighted as a
collective work under the U.S. copyright laws, and we own a copyright in the
selection, coordination, arrangement, and enhancement of such Company Content.
You may not modify, remove, delete, augment, add to, publish, transmit,
participate in the transfer or sale of, create derivative works from, or in any
way exploit any of the Company Content or any material from any website owned,
operated, licensed or controlled by us, in whole or in part. You may not put
any our graphics or text on your own website. If no specific restrictions are
displayed, you may make copies of select portions of the Company Content,
provided that the copies are made only for your personal use and that you
maintain any notices contained in the Company Content, such as all copyright
notices, trademark legends, or other proprietary rights notices. Except as
provided in the preceding sentence or as permitted by the fair use privilege
under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not
upload, post, reproduce, or distribute in any way Company Content protected by
copyright, or other proprietary right, without obtaining our permission.
Without limiting the generality of the foregoing, use of any software Company Content
shall be governed by the service agreement accompanying such software.
You must receive express written consent from us to use the Website materials for
commercial purposes. In order to obtain that consent, which we may withhold in
our sole discretion, please send an email to [email protected] with the
following information: (i) your name, position, organization, address and
telephone number; (ii) a description of the Website content, text or graphics
you want to use; (iii) where, how and when you will be using the materials;
(iv) to whom the materials will be distributed, in what quantities and for what
purpose; and (v) other information that will be included with the Website
material. We will respond by email and inform you whether or not we grant you
permission to use the material. This decision will be made at our sole
discretion.
d. Limited License
You may include a text link to any portion of the Website on your website. If you
would like to use a graphic link, please email us at [email protected].
Your website, or any third-party websites that link to the Website (i) cannot
frame or create a browser or border environment around any of the content on
the Website or otherwise mirror any part of the Website, (ii) cannot imply that
we or our Website are endorsing or sponsoring it or its products, unless we
have given our prior written consent, (iii) cannot present false information
about, or disparage, tarnish, or otherwise, in our sole opinion, harm the
Company or its products or services, (iv) cannot use any of our trademarks
without our prior written permission, (v) cannot contain content that could be
construed as distasteful, offensive or controversial or otherwise objectionable
in our sole opinion, and (vi) has to be owned and controlled by you or the
person or entity placing the link, or otherwise permit you to enable such link
subject to these Terms. You may not change the appearance of the logo, or any
trademarks used in connection with the logo, in any way. You agree to replace
or remove a logo that we determine is not an appropriate display or use of one
of our Trademarks. By linking to the Website, you agree that you do and will
continue to comply with the above linking requirements. Notwithstanding
anything to the contrary contained in these Terms, we reserve the right to
prohibit linking to the Website for any reason, in our sole and absolute
discretion, even if the linking complies with the requirements described above.
2. Copyright Infringement Policy
We
have adopted the following general policy toward copyright infringement in
accordance with the Digital Millennium Copyright Act or DMCA (posted at
https://www.copyright.gov/ ). The address of our Designated Agent to Receive Notification of Claimed Infringement
("Designated Agent") is provided at the bottom of this section.
Tech Sherpa Copyright Infringement Policy
It is our policy to (a) block access to or remove
material that it believes in good faith to be copyrighted material that has
been illegally copied and distributed by any of our advertisers, affiliates,
content providers, members or users; and (b) remove and discontinue service to
repeat offenders.
a. Procedure for Reporting Copyright Infringements
.
If you believe that material or content residing on or
accessible through the Website or the services infringes a copyright, please
send a notice of copyright infringement containing the following information to
the Designated Agent listed below ("Proper Bona Fide Infringement
Notification"):
1.
A physical or electronic signature of a person
authorized to act on behalf of the owner of the copyright that has been
allegedly infringed;
2.
Identification of works or materials being
infringed;
3.
Identification of the material that is claimed
to be infringing including information regarding the location of the infringing
materials that the copyright owner seeks to have removed, with sufficient
detail so that we are capable of finding and verifying its existence;
4.
Contact information about the notifier including
address, telephone number and, if available, email address;
5.
A statement that the notifier has a good faith
belief that the material is not authorized by the copyright owner, its agent,
or the law; and
6.
A statement made under penalty of perjury that
the information provided is accurate and the notifying party is authorized to
make the complaint on behalf of the copyright owner.
b. Upon Receipt of a Bona Fide Infringement Notification
Once Proper Bona Fide Infringement Notification is
received by the Designated Agent, it is our policy:
1.
to remove or disable access to the infringing material;
2.
to notify the content provider, member or user
that it has removed or disabled access to the material; and
3.
that for repeat offenders, we will also
terminate such content provider's, member's or user's access to the service.
c. Procedure to Supply a Counter-Notice to the Designated Agent
If the content provider, member or user believes that
the material that was removed or to which access was disabled is either not
infringing, or the content provider, member or user believes that it has the
right to post and use such material from the copyright owner, the copyright
owner's agent, or pursuant to the law, the content provider, member or user
must send a counter-notice containing the following information to the
Designated Agent listed below:
1.
A physical or electronic signature of the content provider, member or user;
2.
Identification of the material that has been
removed or to which access to has been disabled and the location at which the
material appeared before it was removed or disabled;
3.
A statement that the content provider, member or
user has a good faith belief that the material was removed or disabled as a
result of mistake or a misidentification of the material; and
4.
The content provider's, member's or user's name,
address, telephone number, and, if available, email address and a statement
that such person or entity consents to the jurisdiction of the Federal Court
for the judicial district in which the content provider's, member's or user's
address is located, or if the content provider's, member's or user's address is
located outside the United States, for any judicial district in which we are
located, and that such person or entity will accept service of process from the
person who provided notification of the alleged infringement.
d. Removal
If a counter-notice is received by the Designated Agent, we may send a copy of the
counter-notice to the original complaining party informing that person that it
may replace the removed material or cease disabling it in 10 business days.
Unless the copyright owner files an action seeking a court order against the
content provider, member or user, the removed material may be replaced or
access to it restored in 10 to 14 business days or more after receipt of the
counter-notice, at our discretion.
e. Address for Designated Agent
Please contact our Designated Agent to Receive
Notification of Claimed Infringement at the following address:
Copyright Agent, Tech Sherpa
P.O. Box 117
Parrish, FL 34219
Phone: (727) 228-2102
Email:
[email protected]
3. Our Proprietary Rights
You acknowledge and agree that the Website and any necessary software used in
connection with the Website (the "Software") contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that content contained in
sponsor advertisements or information presented to you through the Website or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by us or our
advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Website or the Software, in whole or in
part. We grant you a personal, non-transferable and non-exclusive right and
license to use the Website through a web browser on a single computer; provided
that you do not (and do not allow any third-party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security interest
in or otherwise transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized access
to the Website. You agree not to access the Website by any means other than
through the interface that is provided by us for use in accessing the Website.
Your affirmative act of using this Website and/or registering for the Website or the
services constitutes your electronic signature to these Terms and your consent
to enter into agreements with us electronically.
4. Representations and Warranties
You represent and warrant to us that you will fully comply with these Terms. If you
choose to post material to any portion of the Website or to submit any
Information to the Website, you further represent and warrant to us that such
materials are not subject to any copyright, proprietary or intellectual
property rights, or that you have obtained express authorization from the
holder of such rights to distribute such materials on the Website. By posting
materials to any portion of the Website, you automatically grant (or warrant
that the owner of such rights has expressly granted) us a perpetual,
royalty-free, irrevocable, nonexclusive right and license to use, reproduce,
modify, adapt, publish, translate, creative derivative works from and
distribute such materials or incorporate such materials into any form, media or
technology now known or later developed throughout the universe. In addition,
you warrant that all "droit moral" rights in any such materials have been waived.
5. Indemnification
You hereby agree to indemnify, defend and hold us, our affiliated companies, and
all officers, directors, owners, agents, information providers, affiliates,
subsidiaries, parent companies, licensers, and licensees (collectively, the
"Indemnified Parties") harmless from and against any and all
liabilities and costs, including, without limitation, attorneys' fees, incurred
by such Indemnified Parties in connection with any claim arising out of any
breach by you of these Terms or the foregoing representations, warranties and
covenants. You agree to use your best efforts to cooperate with us in the
defense of any claim. We reserve the right, at our own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you.
6. Termination
You may terminate this license at any time by ceasing to access and use the
Website, although you shall remain bound by these Terms with respect to any
past use of the Website. We may continue to display the content you uploaded to
the Website on or before the time of termination unless you specifically
request that we remove such content. We may at our sole discretion terminate
this license at any time, with or without prior notification, in the event you
fail to comply with these Terms or for any other reason that we believe, in our
sole discretion, is appropriate, by deactivating your user name and password
and/or suspending operation of the system. Upon termination, you must destroy
all materials obtained from the Website and any and all other Company websites,
and all copies thereof, whether made under these Terms or otherwise.
7. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND EXCLUSIONS AND LIMITATIONS THE WEBSITE AND OUR SERVICES ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS, INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ("LOSSES") THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO LOSSES ARISING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE WEBSITE'S RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Third-Party Content
The Website may provide, or third parties may provide, links to other websites or
resources. Because we have no control over such websites and resources, you
acknowledge and agree that we are not responsible for the availability of such
external websites or resources, and do not endorse and are not responsible or
liable for any content, advertising, products, or other materials on or
available from such websites or resources. You further acknowledge and agree
that we shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of
or reliance on any such content, goods or services available on or through any
such website or resource. You further acknowledge that we shall not be held
responsible for the accuracy, copyright or trademark compliance, legality, or
decency of material contained in websites listed in the Website listings or
search results, or that is otherwise provided to us by third parties.
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Website, including payment and delivery of
related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that we shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Website.
9. Privacy Policy
In accordance with the terms of the Website's Privacy Policy, incorporated by
reference (available at techsherpa.co/privacy), the Website respects your
privacy.
10. Successors and Assigns
These Terms shall be binding upon and inure to the benefit of the parties hereto and
their respective successors and permitted assigns.
11. Construction and Interpretation
Headings in these Terms are for ease of reference only and are not to be used to
interpret the terms and conditions hereof.
12. Governing Law
These Terms shall be governed by, and construed in accordance with, the laws of
Florida, without regard to its choice of laws principles. The Website is
controlled, operated, and administered from within the USA. If you access the
Website from a location outside of the USA, you are responsible for compliance
with all local laws.
13. Jurisdiction and Venue
Each party hereby consents to the jurisdiction of the state and federal courts
sitting in Florida; provided, however, that any decision by any such court may
be appealed to the appropriate appellate court or courts. Each party hereby
waives any objection it might otherwise have to venue in any of such courts.
14. Arbitration
a. Before initiating an arbitration, the initiating
party agrees to first provide the other party a written notice ("Notice of
Dispute"), which shall contain: (a) a written description of the problem
and relevant documents and supporting information; and (b) a statement of the
specific relief sought. A Notice of Dispute can be (1) mailed to us at: M Fisher LLC DBA Tech
Sherpa, Attn: Legal Department, P.O. Box 117, Parrish, FL 34219 or (2) emailed
at: [email protected]. We will provide a Notice of Dispute to you via
the physical address or email address in our possession (the "Notice
Address").
Both
parties agree to make attempts to resolve the Dispute prior to commencing an
arbitration and not to commence an arbitration proceeding until a 45-day
post-notice resolution period expires. If an agreement cannot be reached within
forty-five (45) days of receipt of the Notice of Dispute, either party may
commence an arbitration proceeding
b.
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS,
DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN US (YOU AND TECH SHERPA), AND
OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS,
PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR
RELATING TO THE WEBSITE, TO THE USE OR ACCESS THEREOF, TO THE PRODUCTS,
SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED ON OR THROUGH THE
WEBSITE, AND/OR TO THE APPLICATION, ENFORCEABILITY, SCOPE, OR INTERPRETATION OF
THIS AGREEMENT TO ARBITRATE ("DISPUTES") SHALL BE RESOLVED BY FINAL
AND BINDING ARBITRATION.
ALL
DISPUTES SHALL BE DETERMINED BY BINDING ARBITRATION (1) ADMINISTERED BY THE
JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. ("JAMS"), PURSUANT
TO THE JAMS STREAMLINED ARBITRATION RULES & PROCEDURES EFFECTIVE JULY 1,
2014 (THE "JAMS RULES"), AND AS MODIFIED BY THIS AGREEMENT TO
ARBITRATE; (2) CONDUCTED BY A SINGLE, NEUTRAL ARBITRATOR; AND (3) TAKE PLACE
TELEPHONICALLY UNLESS AN IN-PERSON HEARING IS SPECIFICALLY REQUESTED BY EITHER
PARTY, IN SUCH CASE IN-PERSON HEARINGS SHALL TAKE PLACE IN FLORIDA. TO THE
EXTENT THAT THIS AGREEMENT TO ARBITRATE CONFLICTS WITH THE JAMS POLICY ON
CONSUMER ARBITRATIONS PURSUANT TO PRE-DISPUTE CLAUSES MINIMUM STANDARDS OF
PROCEDURAL FAIRNESS (THE "MINIMUM STANDARDS"), THE MINIMUM STANDARD
IN THAT REGARD WILL APPLY.
DISPUTES
MAY ALSO BE REFERRED TO ANOTHER ARBITRATION ORGANIZATION IF WE (YOU AND TECH
SHERPA) AGREE IN WRITING, OR TO AN ARBITRATOR APPOINTED PURSUANT TO SECTION 5
OF THE FEDERAL ARBITRATION ACT.
The JAMS Rules are available on its website at
http://www.jamsadr.com/rules-streamlined-arbitration/
or by calling JAMS at 800-352-5267. To commence an arbitration, a Demand for
Arbitration is required to be executed and served on us. Service of the Demand
for Arbitration on us can be mailed to Tech Sherpa, Attn: Legal Department,
P.O. Box 117, Parrish, FL 34219, pursuant to the instructions provided by JAMS
to submit a Dispute for arbitration. Service of the Demand for Arbitration on
you will be sent to the Notice Address. Further instructions on submitting a
Demand for Arbitration can be found at
www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf
.
We will bear the cost of your initial filing fee.
There is no judge or jury in arbitration, and court review of an arbitration award is
limited. An arbitrator, however, can award on an individual basis the same
damages and relief as a court (including injunctive and declaratory relief, or
statutory damages), and must follow the terms of these Terms.
BECAUSE
THE WEBSITE CONCERNS INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT
("FAA") GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER,
APPLICABLE STATE OR FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY
DISPUTES. YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE
TO A JURY TRIAL.
c.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY AND ALL DISPUTES WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY DISPUTE. Further, unless both parties expressly agree otherwise, the arbitrator may not consolidate more than one person's claim. If this prohibition of class, representative, or consolidated arbitration is found
to be unenforceable, then the entirety of this arbitration provision shall be null and void.
15. Entire Agreement
These Terms are intended by the parties as a final expression of their understanding and as a complete and exclusive statement of its terms and supersedes any prior or contemporaneous agreements between them, whether written or oral, with respect to the subject matter hereof. In case any one or more of the provisions contained in these Terms shall be held to be
invalid, illegal or unenforceable, the remaining provisions shall continue to
be valid and binding to the extent that they continue to effectuate the intent
of the parties as of the date of these Terms, or of any subsequent modification
or amendment of these Terms. Acceptance of, or acquiescence in, a course of
performance rendered under these Terms shall not operate as a modification of
these Terms or a waiver of any provision of these Terms. These Terms may be
modified only by an instrument signed by both parties.
Questions regarding these Terms can be directed to [email protected].