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SomaShare LLC

Terms of Use

 

Last Modified: April 21, 2023

 

www.somashare.com is operated by SomaShare LLC.  Throughout these “Terms of Use” we use the terms “we”, “us”, “our”, or the “Company” to refer to SomaShare LLC. We refer to any person accessing or using these Platforms as “You,” or the “User.” 

 

The following outlines the Terms of Use, together with any other legal agreements by and between you and the Company linked within the Terms of Use (collectively the “Agreement”), govern your access to and use of the Platforms, services, features, content, and any applications (“Apps”) offered by the Company and found at www.somashare.com (collectively the “Platforms”), whether as a guest or a registered user. Before using any of our Platforms, you are required to read, understand, and agree to these terms. 

 

Please note that the section “DISPUTE RESOLUTION” below contains an arbitration clause and class action waiver. By agreeing to the Terms of Use, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

 

ACCEPTANCE OF THE TERMS OF USE:

 

Please read these Terms of Use carefully before you start to use the Platforms. By using the Platforms, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.somashare.com/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platforms.

 

These Platforms are offered and available to users who are 16 years of age or older and reside in the United States or any of its territories or possessions, or who reside elsewhere in the world and have reached the age of majority in their jurisdiction. By using these Platforms, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platforms.

 

ACCESSING THE PLATFORMS AND ACCOUNT SECURITY:

 

We reserve the right to withdraw or amend these Platforms, and any service or material we provide on the Platforms, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platforms is unavailable at any time or for any period. 

 

From time to time, we may restrict access to some parts of the Platforms, or the entire Platforms, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Platforms.

 

To access the Platforms, or some of the resources they offer, you may be asked to provide certain registration details or other information. Details requested include, but are not limited to, first and last name, email address, and credit card information (when applicable). It is a condition of your use of the Platforms that all the information you provide on the Platforms is correct, current, truthful, and complete. You agree that all information you provide to register with these Platforms or otherwise, including but not limited to through the use of any interactive features on the Platforms, is governed by our Privacy Policy https://www.somashare.com/privacy-policy/, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

If you choose, or are provided with, password or 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 also acknowledge that your account is personal to you and agree not to provide any other person with access to these Platforms, or portions of it, using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We reserve the right to disable any password, whether chosen by you or provided by us, at any time, in our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

INTELLECTUAL PROPERTY RIGHTS:

 

The Platforms and their entire contents, features and functionality, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof (collectively the “Content”), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company, except in a manner constituting “fair use.” All other names, logos, product and service names, designs and slogans on these Platforms are the trademarks of their respective owners.

 

These Terms of Use grant you a limited, revocable, non-transferable, and non-exclusive license to use the Platforms for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platforms, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Platforms for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide social media features in connection with certain Content, you may take such actions as are enabled by such features.

 

You must not:

  • Modify copies of any materials from these Platforms.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from these Platforms.
  • Decompile, reverse engineer, reverse assemble, decipher, or otherwise attempt to discover any programming code or any source code used in or with the Content, or otherwise distribute in any way the Content other than as specifically permitted in this Agreement.

 

You must not access or use for any commercial purposes any part of the Platforms or any services or materials available through the Platforms.

 

If you wish to make any use of material on the Platforms other than that set out in this section, please address your request to: info@somashare.com.

 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platforms in breach of the Terms of Use, your right to use the Platforms will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platforms or any Content on the Platforms is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Platforms not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

EMAIL CORRESPONDENCE:

 

Emails sent to any “@somashare.com” email address are considered our property. You can read more about this in our Privacy Policy https://www.somashare.com/privacy-policy/. If you wish to remain anonymous, please specify this in the body of the email itself and we will do our best to respect your wishes.

 

PROHIBITED USES:

 

You may use the Platforms and our services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platforms and/or our services:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platforms, or which, as determined by us, may harm the Company or users of the Platforms or expose them to liability.

 

Additionally, you agree not to:

  • Use the Platforms in any manner that could disable, overburden, damage, or impair the Platforms or interfere with any other party’s use of the Platforms, including their ability to engage in real time activities through the Platforms.
  • Use any robot, spider or other automatic device, process or means to access the Platforms for any purpose, including monitoring or copying any of the material on the Platforms.
  • Use any manual process to monitor or copy any of the material on the Platforms or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Platforms.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platforms, the server on which the Platforms is stored, or any server, computer or database connected to the Platforms.
  • Attack the Platforms via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Platforms.

 

COOPERATION WITH LAW ENFORCEMENT AND REGULATORY BODIES:

 

We have the right to fully cooperate with any law enforcement authorities, regulatory agencies, or court order requesting or directing us to disclose the identity or other information of anyone sharing information with us through the Platforms. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND/OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

IMAGES, VIDEOS, AND ARTICLES:

 

We may display images, articles, audio, and video (the “Material”) on the Platforms from time to time. The types of Material users are authorized to access on the Site includes Material commissioned by the Company, embedded Material, Material we believe to be covered by the Fair Use Doctrine, Material from photographic archive and video vendors, and Material supplied to our staff or released into the public domain by public relations and marketing companies for press purposes.

 

USER-GENERATED CONTENT:

Users may have the functionality to leave comments or other user-generated content on the Platforms. In doing so, all users are prohibited from contributing user-generated content that: 

  • is hateful, offensive, libelous, defamatory, obscene, pornographic, lewd, abusive, erroneous, or threatening;
  • advocates or encourages conduct that could constitute a criminal offense, gives rise to civil or criminal liability, or otherwise violates any applicable local, state, national, or foreign law or regulation;
  • promotes illegal or harmful activities or substances;
  • constitutes infringement of the intellectual property rights of any party; 
  • is insensitive to or inappropriate for the community, including any content that depicts or promotes self-harm, eating disorders, or targets victims or survivors of the same; and/or
  • reveals other people’s private or personal information without their express authorization and permission.

 

SomaShare reserves the right to remove any user-generated content that it determines, in its sole discretion, has violated the guidelines above and may do so without advance notice to you. 

 

COPYRIGHT NOTICES – DMCA REQUESTS:

 

In accordance with the Digital Millennium Copyright Act (“DMCA”), we will remove any Content if properly notified that such Content infringes on your intellectual property rights. We reserve the right, at our sole discretion, to remove any Content without prior notice.

 

If we publish or are hosting Content that you think infringes your copyright, please email us at info@somashare.com and we will address your concerns.

 

If the Content falls into one of the categories listed above under IMAGES, VIDEOS, AND  ARTICLES, we believe that our use is legitimate and we may not remove it from the Platforms. If you have corresponded with the Company directly, and thereafter choose to pursue a copyright notice, please note that we will respond only to notices of alleged infringement that comply with the DMCA. The text of the DMCA can be found at the U.S. Copyright Office Platforms.

 

To file a notice of infringement with us, you must provide a written communication by email to info@somashare.com with an attached and signed PDF that sets forth the items specified below. If we do not respond in 10 business days, please write again – high email volume and spam means we sometimes miss emails.

 

To enable us to address your concerns quickly and efficiently, please provide the following information in your notice email:

 

  • For each alleged infringement that you wish to have removed, please provide the exact URL for the page containing the Material.
  • Provide information reasonably sufficient to permit us to contact you – an email address and/or telephone number is preferred.
  • For images, provide the following to substantiate your claim to ownership of the copyright in the allegedly infringing image:
    • Proof of copyright in the image concerned, namely proof of copyright registration of the Image, or, absent such registration, a detailed description of the image – where it was taken, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright. We may not comply with requests to remove an image if you cannot prove that you own the copyright in the image in question.
    • Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  • Sign the document and email it to info@somashare.com.

 

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid and we will have no obligation to respond or acknowledge receipt of your notice. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our Platforms infringes your copyrights. 

 

RELIANCE ON INFORMATION POSTED:

 

We may, from time to time, post informative articles or blog posts on the Platforms. The information presented on or through the Platforms is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. 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 Platforms, or by anyone who may be informed of any of its contents.

 

These Platforms may include content provided by 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 the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. 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.

 

CHANGES TO THE PLATFORMS:

 

We may update the Content on these Platforms from time to time, but its Content is not necessarily complete or up-to-date. Any of the material on the Platforms may be out of date at any given time, and we are under no obligation to update such material. 

 

YOUR PERSONAL INFORMATION:

 

All information we collect on these Platforms is subject to our Privacy Policy https://www.somashare.com/privacy-policy/ By using the Platforms, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

 

ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS:

 

All purchases through our Platforms or other transactions for the sale of services formed through the Platforms are final sale. There are no refunds.

 

Additional terms and conditions may also apply to specific portions, services or features of the Platforms. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

 

LINKS TO OTHER PLATFORMS:

 

The Platforms contains links to other sites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Platforms linked to these Platforms, you do so entirely at your own risk and subject to the terms and conditions of use for such Platforms.

 

GEOGRAPHIC RESTRICTIONS:

 

The owner of the Platforms is based in the state of Wyoming, in the United States of America. We make no claims that the Platforms or any of its Content is accessible or appropriate outside of the United States. Access to the Platforms may not be legal by certain persons or in certain countries. If you access the Platforms from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. 

 

USER HEALTH:

 

Use of the Platforms may not be appropriate for users with any of the following conditions:

  • Cardiovascular problems;
  • Detached retina(s);
  • High or abnormal blood pressure;
  • Kidney disease;
  • History of aneurysms;
  • Epilepsy or history of seizures;
  • Heart disease;
  • Chronic panic attacks;
  • Asthma;
  • Any conditions that requires prescription medication use;
  • Severe psychiatric symptoms, particularly psychosis or paranoia;
  • Bipolar depression;
  • Osteoporosis;
  • Recent surgery;
  • Glaucoma;
  • Past trauma;
  • Pregnancy;
  • Depression;
  • An active addiction or dependency;
  • Any person with mental illness who isn’t in treatment or lacks adequate support;
  • Anyone experiencing an emotional or spiritual crisis.

 

This list is not all inclusive and we generally recommend if you have a question about a condition you may have that is not listed, that you consult a licensed physician before beginning breathwork. If you have or have had any of the listed conditions, we strongly recommend you consult a licensed medical and/or mental health professional before using the Platforms.

 

You should only use the Platforms in a safe environment where users can focus their attention without creating risk of danger for themselves or others. The Platforms should never be used in a moving vehicle. 

 

ASSUMPTION OF THE RISK:

 

You acknowledge and understand that the services offered through SomaShare’s Platforms are not therapy, and should not be construed as therapeutic services, medical services, or medical advice. SomaShare’s user support contact information should not be used as a crisis line in the event of an emergency–always call 911 or your location emergency services code or phone number in the event of an emergency. 

 

You understand that during your use of the Platforms, you may be exposed to a variety of hazards and risks, foreseen or unforeseen, which are inherent in breathwork and other emotional processing and mindfulness practices. These inherent risks include, but are not limited to, the dangers of personal injury (including mental or physical injury) and/or death resulting from, but not limited to: dizziness, lightheadedness, tingling of extremities, chest pain, racing or irregular heartbeat, muscle spasms, clouded vision, ringing in your ears, and/or increased emotional distress (collectively the “Injuries and Damages”). If you experience any of the symptoms described above at any time during your use of the Platforms, you agree to cease use immediately and consult a licensed medical and/or mental health professional before continuing use of the Platforms.

 

You acknowledge and understand that the possibility of Injuries and Damages cannot be entirely eliminated without ceasing use of the Platforms. You agree and represent that SomaShare has not tried to contradict or minimize your understanding of the risks of Injuries and Damages. You understand the risks of such Injuries and Damages involved in your use of the Platforms and you understand that you may have to exercise extra care for your own person in the face of such hazards. 

 

To the fullest extent allowed by law, you agree to WAIVE AND DISCHARGE CLAIMS AGAINST, RELEASE FROM LIABILITY, INDEMNIFY AND HOLD HARMLESS SomaShare LLC and its subsidiaries, affiliates, and their respective past and present officers, directors, members or shareholders, partners, agents, and employees (collectively, “Released Parties”) from and against ANY AND ALL LIABILITY on account of, or in any way resulting from, your death or personal injury relating to your use of the Platforms. You understand and intend that the assumption of risk and release is binding upon your heirs, executors, administrators, and assigns. This waiver is intended to be as broad and inclusive as is permitted by law. If any provision or any part of any provision of this waiver is held to be invalid or legally unenforceable for any reason, the remainder of this waiver shall not be affected thereby and shall remain valid and fully enforceable.

 

By agreeing to the Terms of Use when these are made available to you or by continuing to use the Platforms, you confirm that you have read this section of the Terms of Use in its entirety and you freely, knowingly, and voluntarily choose to use the Platforms and assume all risks of Injuries and Damages. YOU HEREBY WAIVE ALL RISKS DESCRIBED HEREIN, AND RELATED HERETO, UPON USE OF THE PLATFORMS.

 

DISCLAIMER OF WARRANTIES:

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Platforms will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platforms for any reconstruction of any lost data. No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we cannot warrant that your information will be absolutely secure. The Company has a variety of safeguards – technical, administrative, and physical – in place to help protect against unauthorized access to, use, or disclosure of user information. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORMS LINKED TO IT.

 

YOUR USE OF THE PLATFORMS, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS IS AT YOUR OWN RISK. THE PLATFORMS, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORMS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORMS, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE PLATFORMS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORMS OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORMS OR ANY SERVICES OBTAINED THROUGH THE PLATFORMS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE FEDERAL OR STATE LAW.

 

INDEMNIFICATION:

 

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Platforms, including, but not limited to, your user contributions, any use of the Platforms’ Content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platforms.

 

DISPUTE RESOLUTION:

 

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

 

All matters relating to the Platforms and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wyoming, without giving effect to any choice or conflict of law provision or rule.

 

Any disputes between or claims brought by you or SomaShare arising out of or related to these Terms of Use or the Platforms (including tort, privacy as well as contract claims, and whether pre-contractual or extra-contractual, as well as the arbitrability of any disputes) shall be referred to and finally settled by binding arbitration before the International Court of Arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce (“ICC”) in effect at the time of arbitration except as inconsistent with this section. The arbitration shall be conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. If in-person appearance is required, such hearings shall be held in Sheridan County, Wyoming. All awards may if necessary be enforced by any court having jurisdiction.

 

The existence of any dispute, the existence or details of the arbitration proceeding, and all related documents, materials, evidence, judgments and awards therein, shall be kept confidential. Except as required by law, no party shall make any public announcements with respect to the proceeding or the award, except as required to enforce the same.

 

YOU HEREBY WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and SomaShare in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

 

All claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using arbitration in accordance with this section. Should either party file an action contrary to this section, the other party may recover lawyers’ fees and costs, provided that the party seeking the award has notified the other party in writing of the improperly filed claim, and the other party has failed to withdraw the claim.

 

You waive any right to pursue an action on a class-wide basis against us and may only resolve disputes with us on an individual basis, and may not bring a claim against us as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

 

In the event that you are located in a jurisdiction that does not allow for an arbitration agreement to be entered into regarding the services offered through the Platforms, or for any reason, then any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Platforms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wyoming, in each case located in the City of Sheridan, and County of Sheridan, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country or county of residence, or any other relevant country or county. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

LIMITATION ON TIME TO FILE CLAIMS:

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

WAIVER AND SEVERABILITY:

 

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

 

ENTIRE AGREEMENT:

 

These Terms of Use and our Privacy Policy, and any other incorporated terms, constitute the sole and entire agreement between you and us with respect to the Platforms and services provided, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platforms. 

 

CHANGES TO THE TERMS OF USE:

 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platforms thereafter. However, any changes to the dispute resolution provisions set forth in DISPUTE RESOLUTION will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Platforms. 

 

Your continued use of the Platforms following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you. A printed version of these Terms of Service and of any notices given to you in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.