Last Modified: 11/16/2022
WE PROVIDE SERVICES AND PRODUCTS FOR YOU TO TRACK, MANAGE, AND SHARE YOUR TRAINING, HEALTH AND WELLNESS-RELATED INFORMATION AND WELLNESS RELATED PROGRAMS AND ACTIVITIES. THE SERVICES, PRODUCTS, OR ANY ITEMS, INFORMATION, OR CONTENT DISPLAYED OR AVAILABLE VIA THE SERVICES, WHETHER PROVIDED BY US OR ANY THIRD PARTY, ARE NOT MEDICAL OR MENTAL HEALTH ADVICE, AND WE ARE NOT A SUBSTITUTE FOR ADVICE FROM A PHYSICIAN OR OTHER HEALTH PROFESSIONAL. YOU SHOULD CONSULT A LICENSED, QUALIFIED MEDICAL PROFESSIONAL PRIOR TO USING THE SERVICES.
Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services, and any service, product or material we provide on the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Services.
If you choose, or are provided with a username, email, 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 the Services or portions of it using your username, email, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username, email or password or any other breach of security. You 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.
If available on the Services, you may be permitted to elect to share your account with a coach (a “Coach”) by accepting a request to attach your account to a coaching account. Should you chose to share your account with a Coach, you are expressly authorizing us to share any data you upload onto the Services (including without limitation statistics, metrics, measurements, readiness, training and recovery information, scores and other information generated through the use of the Neuro Buttons) with that Coach and to allow your Coach to copy, modify, view, add and delete your data and content, including without limitation all User Contributions (as defined below).
Your relationship with any Coach used via or outside the Services is strictly with that Coach. We do not own, control, provide or offer the services provided by any Coach. We are not acting as an agent in any capacity for any user (including any Coach). We are not involved in the Coach’s communications, advice, services or any other activities or communications, and we have no obligation to conduct background checks on any Coaches or to monitor any communications or activities of a Coach. You should exercise a high level of care and caution in your communications and interactions with any Coach you choose to engage.
If you are a Coach, you are responsible for complying with all applicable laws, rules, regulations and third party agreements that apply to you and the services you offer.
Intellectual Property Rights
The Company’s products (including without limitation the programs available on the App and the Neuro Buttons and any online training programs) and the Services and its entire contents, features, and functionality (including but not limited to all information, software, online courses, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) 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.
- 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 you browser for display enhancement purposes.
- If we provide desktop, mobile, or other applications or course materials for download, you may download a single copy to your computer or mobile device or print a copy of any written materials solely for your own personal, non-commercial use, provided you agree to be bound by any end user license agreement for such applications or materials.
- If we provide social media features with the Services, you may take such actions as are enabled by such features.
- Pairing of Neuro Buttons is restricted to Rewire-based software unless explicitly authorized by Rewire in advance.
You must not:
- Modify copies of any materials from the Services.
- Rent, resell or redistribute any of the products, materials, or information on the Services.
- 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 the Services.
You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.
If you wish to make any use of material on the Services other than that set out in this section, please address your request to [email protected].
The Company name, the Company logo, and all related names, logos, products 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. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
- 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).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “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 email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.
- In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- To use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- In connection with any device, software, or routine that interferes with the proper working of the Services.
- To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
- To attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- To otherwise attempt to interfere with the proper working of the Services.
- To resell or use any of our products or services for commercial purposes.
- To use Rewire’s services such as the Neuro Buttons, the App or any other service except as intended and not in situations that could cause harm to yourself and others, such as while riding a bicycle outside, operating a motor vehicle or under conditions where your ability to maintain safety might be impaired.
The Services may contain message boards, chat rooms, personal pages or profiles, forums, bulletin boards, reviews, comments on content, communications, shared content on social media, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) data, content or materials (collectively, “User Contributions”) on or through the Services.
Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contribution for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. However, we cannot undertake to review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by us or any third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Written Notification. We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located;
- your address, telephone number, and, if available, email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
DMCA Agent. Our agent for notice of claims of copyright or other intellectual property infringement can be reached via email at [email protected], by phone at (917) 575-2612, or via regular mail at the following address: Rewire Fitness, Inc, 249 State Route 208, New Paltz, NY 12561 Attention: Copyright Agent.
Reliance on Information Posted
The information and training and recovery programs and recommendations presented on or through the Services 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 Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other users, bloggers, Coaches, and third-party licensors, syndicators, aggregators, and/or reporting services. 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 (including the Coaches).
Prices, Payments, and Purchase Terms
- Access to certain features of the Services depends on the type of subscription you purchase. For example, you must purchase a Neuro Button in order to access related features of the App, such as training options designed to be used exclusively in conjunction with the Neuro Buttons.
- All prices, fees, discounts, and promotions posted on the Services are subject to change without notice. Posted prices do not include applicable taxes or shipping and handling charges, which will be added to your order at the time of purchase. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. Depictions, graphics, colors, styles, and diagrams are for illustrative purposes only and may not accurately reflect actual product or component availability.
- We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- Shipping and delivery times are estimates only and may be impacted by unforeseen delays and product availability.
- Applicable prices and features are posted on the Services and subject to change and product availability.
- If you purchase a subscription, you agree to recurring billing, and your payment method will be charged automatically at the start of each subscription period for the fees and taxes applicable to that period. Subscription prices are subject to change at any time in our sole discretion, and if you do not agree to any such changes, you should terminate your account before the next subscription period. To avoid future charges, you must terminate your account before the renewal date. To cancel your subscription, please visit your Rewire Account Settings and complete the cancellation form at least 24 hours prior to the next subscription period. If you cancel, you may still access the Services until the end of your subscription period. If you wish to cancel and have subscribed through an Apple In App Purchase, please visit your iTunes Account Settings at least 24 hours prior to the next subscription period, where you can manage or cancel your subscription.
- An “Annual Subscription” constitutes 365 calendar days and is paid for by an upfront payment and renews automatically. You acknowledge and agree that we are authorized to charge you for the initial Annual Subscription fee at the time of purchase and the non-discounted renewal fee if you do not cancel your subscription before it automatically renews.
- Terms of payment and eligibility to place orders are within our sole discretion, and we reserve the right to restrict or cancel purchases at our sole discretion. We accept most major credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the total purchase price and all applicable taxes, if any, at the time your order is accepted. You must promptly update all payment information in order to keep your billing account complete and accurate. You agree to promptly notify us for any changes made to your billing account information, including, but not limited to, your billing address, credit card number or expiration date. If you fail to promptly provide any of the above information, you agree to allow us to continue charging you for any subscription fees due until you terminate your subscription.
- If you purchase any of our Services, you agree to pay us all fees and taxes applicable to the Services you purchase.
- Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Unless otherwise specifically set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.
- Rewire Neuro-Buttons are offered with a 30-day money back guarantee. During this period, you are entitled to a full refund. To request a refund, please email us at [email protected]. In order to receive a refund, you must make the refund request within the first 30 calendar days from the first date of payment and then you must return the Neuro-Buttons, cable and pouch to us in usable condition at your own expense. Users are only entitled to one refund and any subsequent purchases will not be entitled for the 30-day money back guarantee.
Neuro Buttons Warranty
We warrant the Neuro Buttons and our proprietary hardware to be free from defects in workmanship and materials, under normal use and conditions, for a period of one (1) year for the original invoice date. We agree, at our option during the warranty period, to repair any defect in material or workmanship or to furnish a repaired or refurbished product of equal value in exchange without charge. This warranty does not include defects due to abuse or loss of the products, broken Neuro Buttons, charging issues, mechanical issues, and Bluetooth pairing issues.
To access the Services through your phone or any other device, your device must satisfy certain system requirements. These requirements can be found on our Website.
Changes to the Services
We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Services
Links from the Services
If the Services 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 websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such Services.
Access to the Services may not be legal by certain persons or in certain countries, and the Services are not intended to be accessed in any jurisdiction or by any person that would be contrary to any applicable law or regulation. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services 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 site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, 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 SERVICES, PRODUCTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR PRODUCTS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.
EXCEPT FOR THE LIMITED PRODUCT WARRANTY ON THE NEURO BUTTONS SET FORTH ABOVE, YOUR USE OF THE SERVICES, CONTENT ON THE SERVICES, AND ANY SERVICES, PRODUCTS, OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE NEURO BUTTONS, IS AT YOUR OWN RISK. THE SERVICES, PRODUCTS, THE CONTENT ON THE SERVICES, AND ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE SERVICES 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 SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, PRODUCTS, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR THE COACHES OR THEIR COMMUNICATIONS, ACTIONS, INACTIONS, OR ANY RELATIONSHIP OR COMMUNICATION THEY MAY HAVE WITH YOU.
TO THE FULLEST EXTENT PROVIDED BY LAW, 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.
NOT A MEDICAL OR MENTAL HEALTH SERVICE PROVIDER
THE SERVICES ARE FOR INFORMATIONAL AND RECREATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL MEDICAL OR MENTAL HEALTH ADVICE, TREATMENT, OR DIAGNOSIS. WE ARE NOT A HEALTH CARE, MENTAL HEALTH CARE, OR MEDICAL PROVIDER. THE COMPANY MAKES NO CLAIMS, REPRESENTATIONS OR GUARANTEES THAT THE SERVICES PROVIDE A HEALTH BENEFIT OR MENTAL HEALTH BENEFIT. ADVICE OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICES IS INTENDED FOR GENERAL INFORMATION PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE. WE CANNOT DIAGNOSE, TREAT HEALTH CONDITIONS, OR ASSIST YOU DURING A HEALTH CRISIS OR MENTAL HEALTH CRISIS. ALWAYS CONSULT WITH YOUR PHYSICIAN OR LICENSED HEALTHCARE PROFESSIONAL REGARDING ANY QUESTIONS ABOUT YOUR HEALTH AND OTHER CONDITIONS AND BEFORE USING THE SERVICES.
SOME OR ALL OF THE SERVICES MAY RESULT IN ADVERSE CONSEQUENCES FOR SOME USERS, INCLUDING USERS WITH CERTAIN UNDERLYING HEALTH CONDITIONS. If you have been diagnosed with or suffer from epilepsy, have a pacemaker, are pregnant or have any other conditions which might cause an adverse reaction from Binaural Beats/Subliminal Priming, you are not permitted to use the Binaural Beats/Subliminal Priming features of our Services. For more information, please see https://rewirefitness.app/rewire-protocols-consult-your-doctor-first-before-using/ .
BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE CONSULTED WITH YOUR PHYSICIAN AND OBTAINED CLEARANCE TO USE THE SERVICES AND, IF APPLICABLE, THE NEURO BUTTON.
WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY CONSEQUENCES OF YOUR USE OF THE SERVICES (INCLUDING WITHOUT LIMITATION THE NEURO BUTTONS AND THE APP FEATURES) AND YOU ASSUME FULL RESPONSIBILITY FOR YOUR DECISIONS AND ACTIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE OF THE ADVICE, PRODUCT, MATERIALS AND INFORMATION COMMUNICATED AS PART OF OR VIA THE SERVICES. YOUR USE OF THE SERVICES DOES NOT CREATE A PATIENT-PROVIDER RELATIONSHIP OF ANY KIND WHATSOEVER BETWEEN YOU AND US.
IF YOU ARE HAVING A MEDICAL EMERGENCY, PLEASE CALL 911 OR YOUR LOCAL EMERGENCY SERVICES TELEPHONE NUMBER AND GO TO YOUR NEAREST EMERGENCY ROOM. WE ARE NOT SUBJECT TO THE PRIVACY RULE OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA). YOU AGREE THAT ALL ATHLETIC ACTIVITIES CARRY AN INHERENT RISK IN WHICH THERE IS A RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE. BY USING THE SERVICES, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH THE PHYSICAL ACTIVITIES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, PRODUCTS, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, THE USE OR INABILITY TO USE THE NEURO BUTTONS, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. To the extent that Any aspect of THE limitations set FORTH above does not apply, all remaining aspects survive. The exclusions and limitations of Damages set forth above are fundamental elements of the basis of the bargain between US and you.
Dispute Resolution and Binding Arbitration
- YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION LOCATED IN NEW YORK COUNTY, NEW YORK USA.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect. (The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdfor by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
- The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
- You agree to an arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
If for any reason, a claim proceeds in court rather than arbitration, the claim shall be resolved exclusively in the state and federal courts located in New York County, New York, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such courts.
Exceptions to Arbitration
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to [email protected].