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TERMS OF USE

Introduction

Please read these Terms of Use (collectively with our Privacy Policy, the "Terms") fully and carefully before using anacheri.com (the "Site") and the services, features, content or applications offered by Cheri Action Media LLC

("Ana Cheri", "Cheri Action Media", "we", "us" or "our") (together with the Site, the "Services"). These Terms set forth the legally binding terms and conditions for your use of the Site and the Services. By using this Site, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use this Site or our products and services. 

THESES TERMS AND CONDITIONS MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM THOROUGHLY BEFORE USING ANY PART OF THIS SITE OR PURCHASING ANY PRODUCTS, SERVICES, OR SUBSCRIPTIONS.

Acceptance of Terms

  1. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you to the extent permitted by applicable law.
  2. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
  3. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
  4. This Site uses cookies. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you consent to our use of cookies in accordance with the terms of Cheri Action Media's privacy policy. 

Eligibility

You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

Registration for an Account

To enjoy some of the benefits of the Services, you must register for an account (an "Account"). Registration is easy, and there is no purchase or commitment needed to register. Simply answer our questions, use your valid email address and create a password to register your account. You have the option to sign up for a Membership Subscription, as defined below, and if you elect to sign up for a Membership Subscription, we will continue to charge your credit card on a recurring basis per the subscription plan you signed up for, as described below. All information that you provide to register with anacheri.com is subject to anacheri.com's Privacy Policy. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your account password secure. You may never use another person's user account or registration information for the Services without permission. You must notify us immediately of any breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account by emailing [email protected].

Monthly Subscriptions:

By subscribing to our monthly subscription, you authorize us to charge your credit card an initial payment at the time of signing up, and a monthly recurring payment which will take place on the next billing day of your billing cycle.IT IS IMPORTANT TO NOTE THAT WHEN YOU SIGN UP FOR A MONTHLY SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL IT. YOU MAY CANCEL AT ANY TIME BY FOLLOWING THE INSTRUCTIONS BELOW OR ON OUR SITE, AND THE CANCELLATION WILL TAKE EFFECT AT THE EXPIRATION OF THE THEN-CURRENT TERM. 

You may cancel your subscription at any time through your billing portal link provided when you subscribed, by contacting us through our support desk, or by email at [email protected].If you cancel your membership subscription, the cancellation will be effective upon your receipt of confirmation from anacheri.com of the cancellation, and anacheri.com will not automatically renew your membership subscription thereafter. Except as otherwise stated below, you won't be eligible for a prorated refund of any portion of the subscription charges previously paid by you.

Billing days occur on the day of the month that you subscribe on. So, if you subscribe on the 3rd, your credit card will be charged for your subscription every month on the 3rd of the month as long as your subscription renewed monthly. You are responsible for any recurring charges that take place prior to cancellation. We reserve the right to move your next billing day at any time without any further authorization from you.

We may modify the fees at any time by posting such modification on our Site, and any such modification shall go into effect thirty (30) days after it is so posted.

If you sign up for a membership subscription, your membership subscription will automatically renew each month for successive one month terms, until you cancel your Membership Subscription.

Prepaid Subscriptions:

By subscribing to our prepaid subscription (3, 6 or 12-month plans with payment due upfront), you authorize us to charge your credit card an initial prepayment at the time of signing up. At the end of your prepaid subscription period, your subscription will automatically cancel, unless you inform us that you would like to renew your subscription. You agree that prepaid subscription fees paid for the then-current subscription month are forfeited, but you may be refunded for future months in your prepaid subscription plan if you wish to cancel your prepaid subscription.

Product Information; Limitation on Quantities

Excluding any content which may be submitted by users from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information on the Site may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability to you or any other person, unless otherwise prohibited by the law. We also reserve the right to limit quantities purchased by users and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.

Product Refunds

Merchandise must be returned within 9 days of receipt. Exchanges must be returned with 14 days of receipt. Returned merchandise must be unworn, unwashed, and must have all tags, including any Ana Cheri hangtags, attached.

Any merchandise marked "Final Sale" cannot be returned. Original shipping charges are non-refundable.

Please follow the instructions on the return form included in your package. You must return your items to the address below within 30 days from the day you received your package. Please write your order # on the outside of the package. You will receive your refund in the original form of payment. Unfortunately we cannot refund duties, taxes or shipping charges.

Cheri Action Media
Order # _________
3710 Industry Ave #202
Lakewood, CA 90712
Refunds and Processing

Refunds will be processed within approximately 1 business days after we receive your return.

For more information about refunds, please contact Customer Care.

All our parcels are carefully sent in sturdy cardboard tubes, cardboard boxes, or cardboard mailers. Our boxes are made of 75% recycled materials and are themselves 100% recyclable

International Use

We control and operate the Site from the United States. Our Site's prices shall be listed in United States Dollars. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws and tax requirements that you may be subject to when our goods enter your country, if and to the extent local laws and taxes are applicable. We may ship to certain locations outside of the United States, and reserve the right to apply additional shipping and handling charges to any orders shipped outside of the United States.

Content

  1. Definition. For purposes of these Terms of Service, the term "Content" includes, without limitation, videos, audio clips, written posts and comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below).
  2. User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. You may delete or remove your User Content, either yourself or through a request made to one of our employees or affiliates. When your User Content is deleted, it will be removed from the Services. However, you understand that any removed User Content may persist in backup copies for a reasonable period of time (but will not following removal be shared with others).
  3. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
  4. Use License. Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for personal, non-commercial purposes. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from us or from the copyright holder identified in such Content's copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
  5. License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the foregoing license granted to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
  6. Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. Further, we have no obligation to monitor the Site or the Services. However, we reserve the right to (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.

Rules of Conduct

As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Services.

You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:

  1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
  2. you know is false, misleading, untruthful or inaccurate;
  3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
  4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
  5. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
  6. impersonates any person or entity, including any of our employees or representatives; or
  7. includes anyone's identification documents or sensitive financial information.



You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

Restricted Access and Termination

Access to certain areas of this Site is restricted. We the right to restrict access to areas of this Site, or indeed this entire Site, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of this Site or other content or services, you must ensure that the user ID and password are kept confidential. 

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding:

  1. which users gain access to the Services;
  2. what Content you access via the Services;
  3. what effects the Content may have on you;
  4. how you may interpret or use the Content; or
  5. what actions you may take as a result of having been exposed to the Content.



To the maximum extent permitted by applicable law, you release us from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any Content contained in or accessed through the Services, and it will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.

THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

SOME STATES DO NOT ALLOW FOR CERTAIN LIMITATIONS WITH RESPECT TO IMPLIED WARRANTIES (SUCH AS HOW LONG AN IMPLIED WARRANTY LASTS), SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS SHALL ONLY APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitations of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR INSTANCES OF GROSS NEGLIGENCE, INTENTIONAL WRONGDOING, WILLFUL MISCONDUCT, OR WHERE WE HAVE A LEGAL OBLIGATION TO YOU, IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF ONE HUNDRED U.S. DOLLARS ($100.00). BECAUSE SOME STATES, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW FOR CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, AS SET FORTH IN THIS SECTION, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL ONLY APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

IF IT IS FINALLY DETERMINED BY A COURT OF LAW THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION DOES NOT APPLY TO YOU, THEN YOU AGREE THAT OUR TOTAL LIABILITY IN THE AGGREGATE FOR ANY CLAIMS MADE BY YOU OR ANY THIRD PARTY ON YOUR BEHALF SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE TOTAL AMOUNT OF YOUR LAST PURCHASE FROM US, WHICHEVER IS GREATER.

Notice Required by California Law

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:

The name, address and telephone number of the provider of this service Cheri Action Media, 11814 Woodruff Avenue Downey, CA 90241, 323.250.3435.

Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to [email protected].

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.

Reasonableness

By using this Site, you agree that the exclusions and limitations of liability set out in this Site disclaimer are reasonable. If you do not think they are reasonable, you must not use this Site.

Other parties

You accept that, as a limited liability entity, we have an interest in limiting the personal liability of our officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Site.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Site disclaimer will protect our founders, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Cheri Action Media.

Indemnity

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to: (a) your User Content; (b) violation of any applicable law that protects us or our legal rights or those of any third party that your actions have damaged; (c) material uncured breach of these Terms; (d) infringement by you of any intellectual property rights of Cheri Action Media or any third party; or (e) any and all activities that occur under your Account, username and/or password. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing court proceedings against you.

Variation

We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this Site from the date of the publication of the revised terms and conditions on this Site. Please check this page regularly to ensure you are familiar with the current version.

Entire Agreement and Severability

These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining terms of these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Governing Law and Jurisdiction

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT OUTLINES CERTAIN RIGHTS THAT YOU ARE WAIVING OR LIMITING BY USING OUR SERVICE AND PURCHASING OUR PRODUCTS. REMEMBER, THAT YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF SERVICE, INCLUDING THE PROVISIONS RELATING TO GOVERNING LAW AND JURISDICTION.

THIS SECTION LIMITS CERTAIN RIGHTS YOU MIGHT OTHERWISE HAVE INCLUDING: (1) THE RIGHT TO HAVE DISPUTES BETWEEN YOU AND US GOVERNED BY THE LAW OF ANY JURISDICTION, OTHER THAN THAT OF THE STATE OF CALIFORNIA, AND (2) THE RIGHT TO ADDRESS ANY SUCH DISPUTE OUTSIDE OF CALIFORNIA.

These Terms, and any dispute arising between you and us arising out of or relating to these Terms, the Services or the Content, shall be governed by and construed in accordance with the laws of the State of California, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms, the Services or the Content shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Los Angeles County, California, and you irrevocably consent to such courts being the sole and exclusive forum and venue for any such dispute, and agree to submit to the jurisdiction and venue of such courts.

Binding Arbitration

In the event of a dispute arising under or relating to these terms of service, our Site, or any products or services provided by us (each, a "Dispute"), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act ("FAA").  Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT'S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.  All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS' Streamlined Arbitration Rules and Procedures. All applicable JAMS' rules and procedures are available at the JAMS Site www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator's award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States County where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Registrations and authorizations

We hold all registrations and authorizations applicable and can obtain any registrations deemed necessary at any time.

Miscellaneous

  1. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
  2. Assignment. These Terms are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
  3. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
  4. Notices. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [email protected].
  5. No Waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
  6. Headings. The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.
  7. Updating This Statement. We may update our policies by posting a new version on this Site. You should check this page occasionally to ensure you are familiar with any changes. 
  8. Other Sites. This Site contains links to other Sites. We are not responsible for the privacy policies or practices of any third party.


CONTACT US

If you have any questions regarding this privacy policy or our treatment of your personal information, please contact us via our Contact Us page on this Site.