Prior to reading and understating our Terms and Conditions, it is mandatory or required or necessary or informative to read our By-Law at https://aicody.com/general/by-law
Afterwards, if you voluntarily continue to read, understand and agree with pertinent provisions of our:
we would be more than happy to bind a daily Preliminary and Temporary Agreement (PTA) with you subject to all aforesaid provisions. Otherwise, your time is very much appreciated and we hope you find other platforms that would fulfill your necessities in accordance with your criteria and meanwhile our teams are working to improve our Services.
The term "Entity", "we", "us", "our", or "ours" refers to Aicody LC, a Limited Company along with all its subsidiaries, assets and affiliates (collectively, the "Entity"). The term "you", "your", or "yours" refers to "you", "advertiser", "agent", "analyst", "author", "banker", "broker", "Capita", "contractor", "customer", "dealer", "designer", "editor", "employee", "executive", "expert", "financier", "individual", "intern", "investor", manager", "member", "partner", "publisher", "reader", "representative", "reviewer", "sponsor", "subcontractor", "trader", "viewer", "visitor", "writer", or correspondingly similar, including any present or potential Client, Member, Investor, Shareholder of Entity, among others, (each, the "Client" and collectively, the "Clients") using or utilizing any and all Entity's advertisements, animations, applications, APPS, articles, arts, artworks, assets, charts, engines, gifts, graphics, graphs, icons, images, journals, machines, magazines, motion pictures, movies, musics, papers, patents, pictures, plots, products, properties, prototypes, scalable vector graphics, services, softwares, sounds, superengines, supermachines, supersystems, systems, tools, videos, virtual goods, or Websites (including https://aicody.com), or any other materials or content therein or thereto (each, the "Service" and collectively, the "Services").
This PTA set forth for any and all Clients with or to whom we directly or indirectly work, collaborate, interact and provide our Services. You are most welcome to voluntarily read and consent to this PTA, "AS IS", "WITH ALL FAULTS"and "AS AVAILABLE". Upon your consent, an PTA in between you and Entity shall be solely bound, thereafter we will be happy to work with you based on your interests in the Services of Entity and provide such Services to you. While we very much appreciate your interests, if you do not agree with any and all parts of this PTA or any portion thereof, thereto or therein, you are most welcome to voluntarily contact us via voice messages, email and mail with your concerns, criteria or proposed provisions such that we might be able to possibly update, revise, reform or amend this PTA for everyone in a proper time. Otherwise, we tremendously appreciate that you read this PTA and for your interests in Entity and we wish you all the best in pursuit of your goals and interests in other competing entities, product or service providers.
This PTA also governs your use of our Services. WITH OR WITHOUT CLICKING THE "I ACCEPT" BUTTON, IF ANY, COMPLETING THE REGISTRATION PROCESS, OR USING OR UTILIZING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE VOLUNTRILY REVIEWED AND ACCEPT THIS DIALY, PRELIMINARY AND TEMPORARY AGREEMENT AND ARE AUTHORIZED TO ACT AND BIND TO THIS PRELIMINARY AND TEMPORARY AGREEMENT.
We very much appreciate it if you considerately and meticulously continue to read and understand any and all legal matters posted on our Services and all other policies posted or endorsed by us on our Services on a timely basis because they do affect your rights, including this daily Preliminary and Temporary Agreement (the "Preliminary and Temporary Agreement", "PTA") which has seven key compartments of:
in addition to all policies posted or endorsed by us or qualified third-parties on our Services, which altogether set out the provisions on which Entity provides to you access and permission to use or utilize such Services. You agree to comply with this PTA when accessing or using or utilizing our Services at all time and on a daily basis.
This PTA also contains provisions that govern how applicable Disputes are resolved. It contains an PTA to Arbitrate, which will, with limited exception, require you to submit Disputes you have against us to binding and final arbitration, unless and until explicitly mentioned otherwise, in other supplementary agreements. If you and us do not hold another agreement of arbitrate, under this current PTA: (1) you will only be permitted to pursue Disputes against us on an individual basis, not as a plaintiff or class Client in any class or representative action or Proceeding; AND (2) you will only be permitted to seek relief (including monetary, injunctive and declaratory relief) on an individual basis, unless and until explicitly agreed otherwise.
The Entity reserves the right to change any and all portions of this PTA under which it provides the Services at any time and place and on a daily basis. You are hereby liable and shall remain liable and responsible, at your Expenses, for regularly reviewing this PTA and any pertinent provisions posted or endorsed on the Services. Your continued use of the Services after the effective date of such changes constitutes your acceptance of the amended PTA.
The Services are solely for your personal or company use. You shall not use the Services in any way that is or may be unlawful, or harms any Capita, or against the laws of the United States, or other state or country or territory, wherein you reside or maintain presence. The Entity may inform you about certain harmful uses via codes of conduct or other notices available through Services, but it is not obligated to do so. You may not use the Services in any way that breaches any codes of conduct, policy or other notice applicable to the Services. Without limiting the generality of this section, you may not use the Services in any manner that could damage, disable, overburden, or impair any of the Services, including the network(s) or assets or properties connected to the Services, or interfere with any other party’s use of the Services.
The Entity and its contractors do not warrant or guarantee the accuracy or timeliness of any information available from the Services, even if such information appears in any email, pager, message, cell phone or other alerts available through the Services. The Entity and its contractors do not authorize the use of information available from the Services, for any purpose other than your personal or company use and prohibit to the maximum extent allowable by law, the resale, redistribution and use of this information for commercial purposes.
You represent that you are at least eighteen (18) years of age and have attained the age of majority in the province, city, state, country, territory or location wherein you reside or maintain temporary or regular presence and any information that you submit to Entity is in good faith and bona fides, upon truth and correctness and accuracy, to the best of your knowledge, you hold no conflict of interests with the Entity and you promise to hold the no conflict of interests with the Entity and you harmless to maximum extent possible.
Our Services are and will remain in private alpha stage and Entity reserves the right to cancel any or all agreements, agreements to agree in between or among Entity and a Client or all Clients, remove any or all the Clients' data, information, contents, profiles, or materials thereto or therein at any time and place, with or without providing reasons, unless and until it has been agreed otherwise.
IMPORTANT NOTE: THE ENTITY MAY CHANGE THE SERVICES OR DELETE FEATURES IN ANY WAY, AT ANYTIME AND PLACE, AND FOR ANY REASON OR NO REASON.
Without limiting the foregoing, you expressly acknowledge that any "animation", "art", "article", "audio", "chart", "comment", "content", "data", "fact", "image", "information", "knowledge", "material", "opinion", "picture", "research report", "statistic", "text", "video" or correspondingly similar information that you may submit to the Services or any act or action, including "advertise", "bid", "brand", "borrow", "buy", "choose", "click", "commment", "contract", "discover", "donate", "exchange", "finance", "follow", "influence", "insure", "invest", "lease", "lend", "list", "offer", "post", "rate", "recommend", "rent", "review", "search", "secure", "sell", "trade", "transact", "vote" (each "Activity" and collectively "Activities") may be viewable publicly by all Clients or a third-party, unless mentioned otherwise or opted out by you, if practicable.
By using or utilizing the Services, you grant us unlimited and full permission, rights and authorities to conduct discoveries, in which Entity keeps, holds, owns, profits and controls all plausible IPs.
While you shall not submit any proprietary information to Entity or the Services or other pertinent Capita, whatsoever, the Entity is not liable for any information or materials submitted by you that include proprietary information or matters or contents, under no circumstances.
All the Services carry highly substantial and extremely speculative risks for any and all Clients, which therefore makes this PTA prone to said risks, wherein Entity is not liable for any Expenses of any Client in any way and under no circumstances and each Client depending on the type of Services shall hold and maintain financial liabilities or insurances at all times and places. You hereby agree that you are now informed of such highly substantial and extremely speculative risks and you can and will bear any and all potential Expenses of any risky or harmful matter as a direct or indirect results of entering into this PTA under your or your sponsors' financial responsibilities.
The Entity is a non-investment-bank small business under highly substantial and extremely speculative risks, thereby it is, at anytime, subject to involuntary insolvency, which we may have no control over and Entity is not liable for any Expenses or Disputes directly or indirectly arising from or associate to any such highly substantial risks.
The Entity also advertises, bids, collects data, invests, trades, exchanges, discovers, sells, shares and posts data and information. Our Services may be connected to a variety of other websites that allows Clients to perform any Activities in unlimited matters and in a variety of forms, locations, websites, materials, products and services. The Entity is not a party to any transaction between or among Clients, thereby Entity does not (A) recommend or endorse or guarantee or ensure any transaction between or among Clients, whatsoever; (B) transfer of ownership on behalf of Clients; OR (C) act in between or among Clients in any manners.
The Client shall note that the creation and confidentiality of username, password, or similar information is the Client responsibility. Any person, spider, robot, or machine who may find access to the Client information in any way may be able to take over the Client account and Entity's systems may not have capabilities to recognize the Clients.
As a condition of your use or utilization of the Services, you warrant, assert and attest that:
⚖ you will use or utilize the Services in accordance with law and this or any amended PTA;
⚖ you possess the legal authority to create a binding legal contract;
⚖ you are at least eighteen (18) years of age;
⚖ you acknowledge and agree that Entity is not liable for any Expenses, Disputes, or matters correspondingly thereof that may arise from any agreement or agreement to agreement of Entity;
⚖ you acknowledge and agree that you assume all Expenses of participating in an agreement or agreement to agree with Entity;
⚖ you also agree that you, your assignees, heirs and authorized representatives will not make a Dispute against Entity or any of its affiliated organizations or third-parties, or either of their officers or directors collectively or individually, or any of its employees, for any incurred or incurring Expenses, however caused, directly or indirectly, arising from your participation in any agreement or agreement to agree with Entity, thereby you hereby waive and release any rights, actions, or causes, or action resulting from personal injury or damage to your property, sustained in connection with your participation in an agreement or an agreement to agree;
⚖ you will only use or utilize our Services in good faith and bona fides for making lawful reservations for you or for another person or entity for whom you are legally authorized to act;
⚖ you will inform such other persons about PTA that applies to the reservations you have made on their behalf, including all rules, restrictions and regulations applicable thereto;
⚖ you acknowledge and agree that all information provided by you on the Services is true, accurate, current, complete and to best of your knowledge;
⚖ you acknowledge and agree that, if you have an account, you will safeguard your account information and will supervise and be completely liable for any use of your account by you and anyone other than you;
⚖ you understand and agree that the Services include flaws, vulnerabilities and insecurities of various types, for which Entity is not liable for, under no circumstances;
⚖ you understand and agree that usage of the Services is solely at your own risk and Expenses in any and all matters and at all times and places;
⚖ you understand and agree that the Services includes information, data, or knowledge. In addition, using or utilizing the Services you may obtain understanding, information or knowledge from variety types of contents or materials in variety of fields. Therefore, the Services have known or unknown health influences. At your own risks and Expenses, you shall regularly consult with your personal physician or other health professional of yours, prior to and after using or utilizing the Services, particularly if you have a family history of medical related issues, including high blood pressure, high cholesterol, heart disease, any mental, psychological symptoms or diseases. The Entity does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Services. Reliance on any information provided by Entity, its employees, others appearing on the Services at the invitation of Entity, or other visitors to the Services is solely at your own risks and Expenses;
⚖ you understand and agree that our Services and contents are paid in part and are unpaid in other part and due to business confidentiality and privacy, we do not release information about paid and unpaid Services or contents;
⚖ you understand and agree that the Services may contain contents, information, or materials that are work of fiction, generated automatically and are not faultless. The Entity does not endorse or recommend usage of the Services, any materials or contents within, whatsoever.
⚖ you understand and agree that the Services may contain contents, information, or materials that you might consider sexually explicit or otherwise offensive. If you, in fact, find such materials offensive, you should discontinue using or utilizing the Services because we may not have control over or time to deal with, although you are most welcome to inform us;
⚖ you understand and agree that any materials, contents, profiles, information and data you create, share, provide, influence, participate, or otherwise, may be saved by other Clients and may be used for personal or commercial uses;
⚖ you understand and agree that Entity's registration systems are vulnerable and anyone who is able to penetrate to your account with or without reason may be able to take over your account; AND
⚖ you understand and agree that Entity reserves the right to issue refunds or credits at Entity's sole discretion. If Entity does issue a refund or credit, Entity is under no obligation to issue the same or similar refund in the future. The Entity may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance and an opportunity to cancel.
You may use the Services only if you have the legal rights and permissions to form a binding contract with Entity and only in full compliance with this PTA under all applicable laws. When you create your account, you must provide us with accurate and complete information. If you open an account on behalf of a company, establishment, organization, or other entity, then (a) "you" includes you and that entity and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in this PTA and bind the entity to this PTA and that you agree to this PTA, on the entity's behalf. Our Services may include software that is downloaded to your computer, phone, tablet, or other devices. You agree that Entity may automatically upgrade those Services under this same PTA.
The following terms apply with respect to the Services that Entity provides to you, designed for use on mobile devices, including Android and iOS Applications:
⚖ You acknowledge that this PTA are between you and Entity only and not with Apple Inc., Alphabet Inc., or any other infrastructural companies.
⚖ Your use of Entity's Services must comply with the terms and conditions of mobile devices or browsers companies such as Apple's then-current App store terms of services.
⚖ We retain the right at Entity's sole discretion to deny access to anyone to the Services at anytime with or without reason including violation of this PTA.
Our Services are not fully secure and are vulnerable and penetrable at all times and places and Entity is not liable for any such vulnerabilities and insecurities, caused directly or indirectly. The use or utilization of the Services is at the Client's own and full risks and Expenses.
Our Services contain biased, inaccurate and inadvertently false information that we are not liable for under no circumstances to any Clients, whether paid or unpaid, and we can limitedly allocate budget to reduce said information from time to time, yet it not and will never be perfect, thereby you shall not make any decision, whatsoever, in reliance with any and all information herein, hereof, hereto and herewith, whether on this domain or in any other social media, documents, and drafts connected directly or indirectly to Entity.
While the Services may provide selling, buying, holding, pricing, grading, analyzing, messaging, texting, mailing, emailing, recommending, reporting, researching, shipping, listing, searching and other actions or guidances in the Services, such actions or guidances are solely informational and non-recommendatory and non-advisory, even if it is explicitly written otherwise, and you may decide to follow it or not at your own fullest liabilities. The Entity may not help facilitate the resolution of Disputes and has no control over and does not guarantee the existence, quality, safety, or legality of transactions or advertisements; the truth or accuracy of Clients' contents, listings or information or transactions; the ability of Clients in transactions; the ability of Clients to pay for transactions; or that a Client will complete a transaction or not, wherein applicable and wherein the Entity is not a direct party.
The Services is provided with charge to you based on this PTA or other supplementary agreements. Entity may change its fees and payment policies for the Services from time to time including the addition of costs for collected data, importing of data from financial services engines, or other fees charged to Entity or its subsidiaries by third-party vendors for the inclusion of data in the Services reports.
The fees Entity charges for using or utilizing the Services are listed on pertinent pages. We may change Entity's fees from time-to-time by posting the changes on the Services 7 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
You must at all times hold and maintain a payment method on file when selling on the Services and pay all fees and applicable taxes associated with the Services by the payment due date. If your payment method fails or your account is past due, Entity may collect fees owed by charging other payment methods on file with us, retaining collection agencies and legal counsel and, for accounts over 30 days past due, requesting that PayPal deduct the amount owed from your PayPal account balance. In addition, you may be subject to late fees and other penalties. The Entity, or the collection agencies, may also report information about your account to credit bureaus and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you may be interested in disputing the information a collection agency reported to a credit bureau regarding the Services, you may contact the collection agency directly and Entity is not liable for.
To register for the Services, you must complete the account creation process by providing Entity with current, complete and accurate information as prompted by the account creation process, including your email address (username) and password. You will protect your passwords and take full responsibility and liability for your own and third-party, use of your accounts. You are responsible for any and all activities that occur under your Account. You will notify Entity immediately upon discovery of any unauthorized use of your Account or any other breaches of security. Entity's (or its subsidiaries') support staff may, from time to time, log in to the Services under your Account password in order to maintain or improve our Services, including to provide you assistance with technical or other issues.
If you use any of the Services, you are responsible and liable for maintaining the confidentiality of your account, including username and password and for restricting access to your computers, phones, or devices and you agree to accept responsibility and liability for all activities that occur under your account or password. We warn you that Entity's login and account authorization system is vulnerable and therefore it is your responsibility to choose most strong passwords and change them from time-to-time. Although Entity's systems may occasionally provide forgot password service, it is your responsibility to save your data, including username and password, in safe places. The Entity does not guarantee any type of forgotten password or account retrieval services. Once you create an account, you can not remove the account.
If you are under the age of eighteen (18), you must not use the Services, not even with involvement of a parent or guardian. Alcohol, tobacco, or other similar adult-related listings on the Services are intended for adults. For example, you must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol.
While we work to protect the security of your content and account, Entity cannot guarantee that unauthorized third-parties will not be able to overcome Entity's security measures or systems. Please notify us immediately of any compromise or unauthorized use of your account.
Before opening an account, it is your responsibility to ensure that the Services will meet your specific needs and requirements. When creating an account, you may need to provide personal information, including protected information. The Entity protects and may use them for informational purposes.
The Entity reserves the right to terminate an account that has been inactive for more than 60 days, with or without reason, along with all its data.
You will not (and you will not allow any third-party to) (i) copy, modify, adapt, translate or otherwise create derivative works of the Services; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services, except as expressly permitted by the law in effect in the jurisdiction in which you are located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Services; (iv) remove any proprietary notices or labels on the Services or placed by the Services; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Services or the Services; or (vi) use data labeled as belonging to a third-party in the Services for purposes other than generating, viewing and downloading Reports. You will comply with all applicable laws and regulations in your use of and access to the Services.
Clients are not allowed to post such exact or similar contents that:
⚖ creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes, encourages or celebrates harm;
⚖ promotes self-harm, eating disorders or hard drug abuse;
⚖ attacks, bullies or harasses nonpublic people;
⚖ includes hate speech;
⚖ is gratuitously violent or gory;
⚖ infringes anyone's IP, privacy or other rights;
⚖ is fraudulent or deceptive;
⚖ is someone else's personal information or requests a minor's personal information;
⚖ contains any information or content that’s illegal;
⚖ collects certain amount of negative votes/ratings from other Clients, which may be removed from Entity's databases and in some cases with account removal; AND
⚖ is sexually explicit or pornographic, exploits or presents minors in a sexual way.
Clients also are not allowed to:
⚖ use Entity's name, logo, trademark or branding without Entity's consent;
⚖ access, tamper with or use non-public areas of the Services, Entity's systems or Entity's technical providers' systems;
⚖ break or circumvent Entity's security measures or otherwise test the vulnerability of Entity's systems or networks;
⚖ use any method to access, search, scrape, download or change the Services or anything on it (software and tools provided by Entity or popular browsers are okay);
⚖ post large amounts of unwanted or repetitive information, post unsolicited commercial messages in comments, descriptions, etc., or try to artificially boost views, listings, comments, ratings, or other metrics;
⚖ use affiliate or redirect links that create a confusing experience for Clients. The Entity's systems will block most affiliate links, so your post's landing page won't load;
⚖ use meta tags, hidden text or metadata with Entity's trademark, logo, URL or product name without Entity's written consent;
⚖ use Entity's Client information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup listing, or in any way use the Services to send altered source-identifying information;
⚖ try to reverse engineer any of the Services;
⚖ try to interfere with any Client, host or network, for example by sending a virus, overloading, spamming or mail-bombing;
⚖ collect or store personally identifiable information from the Services or its Clients without their permission;
⚖ impersonate or misrepresent your affiliation with any person or entity, including Entity;
⚖ do anything that violates applicable law or regulations;
⚖ share your password, let anyone access your account or do anything that might put your account at risk;
⚖ sell your username or otherwise transfer it for compensation;
⚖ create or show ads that look like or could be confused with the Services content (for example, embedding the Services actions like, vote, paint, color, follow or unfollow, recommend or unrecommend in your ads);
⚖ compensate or incentivize Clients to take actions on the Services such as listing, rating, recommending, or following; AND
⚖ encourage, help, or influence anyone do any of the things on this list;
If you run a contest or other type of promotion on the Services, please do not:
⚖ suggest that Entity sponsors or endorses you or the promotion;
⚖ require people to list from a selection;
⚖ make people vote your contest rules;
⚖ run a sweepstakes where each vote, like, recommend, or follow represents an entry;
⚖ encourage spammy behavior, such as asking participants to comment;
⚖ ask Clients to vote with listings; AND
⚖ require a minimum number of listings;
We may remove anything for any reason, including if it goes against any of these rules.
The Entity reserves the right to terminate or suspend this license at anytime, with or without cause or notice to you. Upon termination, you continue to be bound by this PTA. The Entity may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue the Services. Additionally, we reserve the right to refuse or terminate all or part of the Services to anyone for any reason at Entity's discretion.
By listing your contents, materials, or ads, you acknowledge and agree that:
⚖ you are an authorized representative of the same entity that you are listing on behalf of;
⚖ you may list for either yourself or your current employers, or if you are a professional recruiter or human resources manager, as an agent of another hiring manager. Use of any automated agents (“bots”) or scripts to submit or modify listings, check the status of listings, or download resumes is prohibited without Entity’s express written permission. You may not resell or transfer access to Entity Jobs to any other party. Your account is for your express use only and not transferable to anyone else inside or outside your organization unless you have a current Entity Jobs Subscription PTA, in which case your account terms will be determined by it;
⚖ it is prohibited to harass, stalk, or contact any Client after they have asked not to be contacted. It is prohibited to “spam” or otherwise contact Clients for purposes other than related to the specific opportunity described in the listing;
⚖ you have the right to post the listing;
⚖ all content and information that you provide in the listing is truthful, accurate and complete;
⚖ you have the full right, title and interest in and to all content, photos and other material that you provide to, or list on the Services;
⚖ photos provided for the listing will only show the listing information and may not include under any circumstances people, animals, or other objects not part of the item. The Entity reserves the right, in its sole discretion, to remove any listing or photo, without notice and without liability or providing a refund, that does not meet the requirements of this PTA or if Entity otherwise determines or believes, in Entity's sole and exclusive discretion, that your listing or any photo or other content you upload is inappropriate for any legal, business, technical or other reason;
⚖ you will owe Entity for your listing, even if you are dissatisfied with the Services; AND
By listing your items for sale through the Services, you acknowledge and agree that:
⚖ the item you list for sale is in your possession;
⚖ you have the right to transfer the advertised item to another person;
⚖ you are willing to sell the advertised item at the price and on any other terms specified in your listing;
⚖ you will purchase only one listing per unique item and you will not advertise more than one item in a single listing, either by including descriptions of multiple items in one listing or by subsequently updating the listing information to advertise different items;
⚖ upon selling or otherwise taking your item off the market, you will within 48 hours delete the listing for that item;
⚖ you will not use your listing to advertise or promote anything (including any product, service or business) other than one unique item offered for sale;
⚖ you will owe Entity for your item listing, even if you fail to sell your item or are dissatisfied with the Services;
⚖ in your post, you will properly identify yourself as either an "Individual Seller" or a "Professional Seller" (a "Professional Seller" is any individual or entity that is in the business of selling items or who has had 2 or more items for sale on the Services within the previous 24 months of the listing start date; anyone that does not meet the definition of a Professional Seller is an "Individual Seller");
⚖ neither an "Individual Seller" nor a "Professional Seller" may list 2 or more Free, Plus, or Premium ads during a single calendar year. A "Professional Seller" may list an unlimited amount of Single Professional Seller Ads;
⚖ if you placed a listing with a material error that cannot be corrected through Entity provided tools, you will contact Entity via voice messages, email and mail, respectively, within 3 days of your original listing date to inquire about making material changes to your listing (e.g., through a typographical error, you listed the wrong model for sale) and Entity shall determine, in its sole discretion, whether such changes will be permitted;
⚖ you will not use the Services, including your listing, for any fraudulent, false, misleading or deceptive activity;
⚖ all content and information that you provide to Entity is truthful, accurate and complete;
⚖ you have the full right, title and interest in and to all content, photos and other material that you provide to, or list on the Services; AND
⚖ photos provided for the listing will only show the item listed for sale and may not include under any circumstances people, animals, or other objects not part of the item. The Entity reserves the right, in its sole discretion, to remove any listing or photo, without notice and without liability or providing a refund, that does not meet the requirements of this PTA or if Entity otherwise determines or believes, in Entity's sole and exclusive discretion, that your listing or any photo or other content you upload is inappropriate for any legal, business, technical or other reason.
Entity reserves the right to, but is under no obligation to and does not assume any obligation to, review listings before and/or after they are posted to the Services to confirm information relating to the advertiser and the advertised item and to investigate complaints and suspicious activity. If Entity determines, in its sole and exclusive discretion, that you are engaging in any unfair, deceptive, false, misleading or fraudulent practices, Entity reserves the right to reject or immediately remove your listing from the Services without notice and without liability or providing a refund, as described above.
Entity does not provide refunds for any listings after a listing is purchased under no circumstances.
When listing an item, you agree to comply with Entity's rules for listing and that:
You are responsible for the accuracy and content of the listing and item offered;
Your listing may not be searchable on the Services or any other search engines (e.g., Google, Bing, Baidu, Yahoo, Yandex, etc.). The Entity cannot guarantee exact listing durations;
Content that violates any of Entity's policies may be deleted at Entity's discretion;
We strive to create an online place where Clients find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including:
⚖ buyer's location, search query, browsing site and history;
⚖ item's location, listing format, price and shipping cost, terms of service, end time, history and relevance to the Client query;
⚖ seller's history, including listing practices, detailed votings or ratings and feedback
⚖ number of listings matching the buyer's query; and
⚖ accordingly, to drive a positive Client experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the Client.
Some advanced listing upgrades will only be visible on certain Services.
Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.
We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that Entity may display the sales and performance history of your individual listings to other sellers.
When buying an item, you agree to the rules for buyers and that:
⚖ you are responsible for reading the full item listing before making any commitment.
⚖ you enter into a legally binding contract to purchase an item when you commit to buy an item.
⚖ for machines, a bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller.
⚖ Entity does not transfer legal ownership of items from one Client to another Client.
The Services are accessible to international Clients. We may offer certain programs, tools and site experiences of particular interest to international Clients, such as estimated local currency conversion and international shipping calculation tools. Clients are responsible for complying with all laws and regulations applicable to the international sale, purchase and shipment of items. If you purchase an item on an the Services other than Entity's Websites, you are subject to PTA of that other the Services with respect to that particular purchase.
You may list your items directly on one or more of Entity's sites. Additionally, you may direct us to display your listing on the Services other than the original the Services, including where you choose to list an item with an international shipping option: the appearance of your listings on these sites is not guaranteed. When you sell your items internationally, you agree to be subject to that other site's PTA and policies. You may restrict international Clients from purchasing your items if you explicitly include in your listings.
You authorize us to use automated tools to translate your listing content and Client to Client communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.
You represent and unconditionally guarantees that any elements of content, text, graphics, photos, images, artworks, pictures, designs, trademarks, or other artwork furnished to the Services are owned by you, or that the you have full permission from the rightful owner to use each of these elements and will hold harmless, protect and defend Entity and its subcontractors from any claim or suit arising from the use of such elements furnished by you. All rights to the finished assembled work of Web pages produced by you are the properties of Entity.
When providing us with content or causing content or any other content whatsoever to be posted using or utilizing the Services (at anytime including after you delete your account), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademark and database rights and other IP rights you have in the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other IP or publicity rights against us, Entity's sublicensees, or Entity's assignees. Therefore, all content included in or made available through any of the Services, such as text, graphics, logos, button icons, images, artworks, photos, pictures, audio clips, digital downloads, data compilations and software is the property of Entity or its content contractors and protected by United States and international copyright laws. The compilation of all content included in or made available through any Services is the exclusive property of Entity and protected by U.S. and international copyright laws.
In addition, graphics, photos, images, artworks, pictures, logos, page headers, button icons, scripts and service names included in or made available through any of the Services are trademarks or trade dress of Entity's trademarks and trade dress may not be used in connection with any product or service that does not belong to Entity, in any manner that is likely to cause confusion among Clients, or in any manner that disparages or discredits Entity. All other trademarks not owned by Entity that appear in any of the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Entity.
One or more patents owned by Entity apply to the Services and to the features and services accessible via the Services. Portions of the Services operate under license of one or more patents.
You agree and understand that the Services constitutes analytical and mathematical expressions, data and information which may depend on the information (including data, text, questions, messages, statements, assumptions, input, or otherwise) provided by you confidentially, privately, publicly, non-publicly, or otherwise, upon which Entity owns and controls any and all direct and indirect IP.
You agree and understand that the Services randomly or relatively assign images, artworks, avatars, pictures, photos, icons, numbers, information, text, or data to Clients, Clients' contents, Clients' Accounts, or otherwise throughout the Services without any limitation.
The Services are upon technological, scientific and mathematical assumptions, thereby it may have technological, scientific, or pertinent deficiencies and flaws at all times and places, without any limitation. You agree and understand that these deficiencies may impact you or create losses or damages for you that Entity is not liable for, under no circumstances.
You agree and understand that any type of information in the services including any type of information you provide is considered tradeable by Entity unless and until otherwise agreed.
You represent and warrant that none of the followings infringe any rights mentioned in the preceding paragraph: your provision of content to us, your causing content to be posted using or utilizing the Services and use of any such content (including of works derived from it) by us, Entity's Clients, or others in contract with us that is done in connection with the Services and in compliance with this PTA.
We may offer magazine, catalogs including images, artworks, photos, pictures, descriptions and specifications that are provided by third-parties or Clients. The permission to use magazine or catalog content is subject to modification or revocation at anytime at Entity's sole discretion.
While we try to offer reliable data and data analytics systems, we cannot promise that Entity's data, data analytics systems, magazines, or catalogs will be available at all times, accurate and up-to-date and you agree that you will not hold Entity's data, magazines, or catalog providers or us liable for inaccuracies or flaws. The data, magazines, or catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the magazines or catalogs or create any derivative works based on catalog or magazine content (other than by including them in your listings).
The Entity may provide small awards, prizes, or gifts (each, the "Gift" and collectively, the "Gifts") to handful of Clients. To be considered for the Gift process, you must provide your real and legal information to Entity including your first and last name, your picture proof of your identification, which may include a Driver's License, Real ID Card, Passport, Permanent Resident Card, Birth Certificate, Naturalization Certificate, Voting Card or similar government issued photo identification, which must exactly match the information provided by you in your account, your email address and your postal address. In your account, you may from time to time be required to provide additional information, which may include confirming your registration. You are liable and responsible for updating your information should there be a change. You are liable and responsible for claiming any Gifts that you may win. The receipt of emails from Entity is required for your participation in and to claim Gifts.
No substitution or transfer of Gifts is allowed including transfers made by reason of law or upon death of the Gift winner. Any claimed Gifts with postal addresses determined to be undeliverable may result in forfeiture. Any uncashed checks over 60 days from check date shall be forfeited. Taxes are the responsibility of Gift winners. Non US residents will be subject to backup withholding for federal income tax purposes at 30%. Depending upon your citizenship, residence and applicable tax treaty you may be able to reclaim this tax, which Entity is not liable for.
Gift Winners further grant to Entity the right, but not the obligation, to use and publish their proper name and address, online and in print or any other media, in connection with Entity. Acceptance of any Gift constitutes permission for Entity and sponsors and their advertising and promotional agencies to use winner's name and likenesses for advertising and promotional purposes without additional compensation unless prohibited by law. By entering, participants release and hold harmless Entity and sponsors, their respective parents, subsidiaries, affiliates, directors, officers, employees, employers and agents from any and all liability for any injuries, loss or damage of any kind arising from or in connection with any Gift won. Other restrictions, conditions and limitations may apply.
The Services may include an opportunity to purchase Virtual Goods (as defined below), using real world money. Without any limitation, Virtual Goods may include in game currency, trophies and other virtual items ("Virtual Goods"). A Virtual Good is a set of rights to digital items, as licensed by Entity. Virtual Goods can never be redeemed for real money, goods, or any other item of monetary value from Entity or any other party. You understand and agree that you have no right or title in Virtual Goods, except for the extent of your limited license.
Your purchase of the limited license for Virtual Goods is final and is not refundable, exchangeable, or transferable, except in Entity’s sole discretion. You may not purchase, sell, or exchange Virtual Goods outside the Services.
In addition, Entity retains the right to modify, manage, control and/or eliminate your limited license with respect to Virtual Goods at its sole discretion. Prices and availability of limited licenses for Virtual Goods are subject to change without notice.
When a Client issue arises, Entity may consider the Client's performance history and the specific circumstances in applying Entity's policies. Entity may choose to be more lenient with policy enforcement in an effort to do the right thing for both Clients.
Neither party will use or disclose the other party's Confidential Information without the other's prior written consent except for the purpose of performing its obligations under this PTA or if required by law, regulation or court order; in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable, prior to disclosing the Confidential Information.
To the extent permitted by applicable law, you will indemnify, hold harmless and defend Entity and its owned subsidiaries, at your Expense, from any and all third-party claims, actions and Proceedings brought against Entity or any of its officers, directors, employees, agents or affiliates and all related liabilities, damages, settlements, penalties, fines, costs or Expenses (including, reasonable attorneys' fees and other litigation Expenses) incurred by Entity or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this PTA, (ii) your use of the Services, (iii) your violations of applicable laws, rules or regulations in connection with the Services, (iv) any representations and warranties made by you concerning any aspect of the Services, the Software or Reports to any Third-Party; (v) any claims made by or on behalf of any Third-Party pertaining directly or indirectly to your use of the Services, the Software or Reports; (vi) violations of your obligations of privacy to any Third-Party; and (vii) any claims with respect to acts or omissions of any Third-Party in connection with the Services, the Software or Reports. Entity will provide you with written notice of any claim, suit or action from which you must indemnify Entity. You will cooperate as fully as reasonably required in the defense of any claim. Entity reserves the right, at its own Expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
If you use the Services on behalf of the Third-Party or a Third-Party otherwise uses the Services through your Account, whether or not you are authorized by Entity to do so, then you represent and warrant that (a) you are authorized to act on behalf of and bind to this PTA, the Third-Party to all obligations that you have under this PTA, (b) Entity may share with the Third-Party any Client Data that is specific to the Third-Party's Properties and (c) you will not disclose Third-Party's Client Data to any other party without the Third-Party's consent.
The Services may contain links to third-party websites, advertisers, other contractors, special offers, or other events or activities that are not owned or controlled by Entity. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from the Services, you do so at your own risk and you agree that Entity will have no liability arising from your use of or access to any third-party website, service, or content, whatsoever.
In connection with using or accessing the Services you will not:
⚖ post, list or upload content or items in inappropriate categories or areas on the Services;
⚖ breach or circumvent any laws, third-party rights or Entity's systems, policies, or determinations of your account status;
⚖ use the Services if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using or utilizing the Services;
⚖ fail to pay for items purchased by you, unless you have a valid reason as set out in Entity's policies, for example, the seller has materially changed the item's description after you agree to purchase, a clear typographical error is made, or you cannot contact the seller;
⚖ fail to deliver items sold by you, unless you have a valid reason as set out in Entity's policies, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
⚖ manipulate the price of any item or interfere with any other Client's listings;
⚖ post false, inaccurate, misleading, defamatory, or libelous content;
⚖ take any action that may undermine the feedback, voting, or ratings systems;
⚖ transfer the Services account (including Feedback) and Client ID to another party without Entity's consent;
⚖ distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
⚖ distribute viruses or any other technologies that may harm Entity, or the interests or property of Clients;
⚖ use any robot, spider, scraper, or other automated means to access the Services for any purpose;
⚖ bypass Entity's robot exclusion headers, interfere with the working of the Services, or impose an unreasonable or disproportionately large load on Entity's infrastructure;
⚖ export or re-export any of the Services except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
⚖ reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Entity, or that comes from the Services and belongs to another Client or to a third-party including work covered by any copyrights, trademark, patent, or other IP right, except with prior express permission of Entity and/or any other party holding the right to license such use;
⚖ commercialize any of the Services or any information or software associated with such application;
⚖ harvest or otherwise collect information about Clients without their consent; or
⚖ circumvent any technical measures we use to provide the Services.
If we construe that you are abusing or injuring Entity or any person or other entities including yourself in any way, we may, in Entity's sole discretion and without limiting other remedies, limit, suspend, or terminate your account(s) and access to the Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts and take technical and/or legal steps to prevent you from using or utilizing the Services.
The Services may include creations and works of fiction, science, mathematics, generated automatically or by Clients, fictitiously. Icons, animations, materials, motion pictures, names, characters, places, incidents, or correspondingly thereto may be included as products of imagination, science, or mathematics, or may be used fictitiously. Any resemblance to actual events or locales or persons or entities, living or dead, is unintentional and coincidental.
The Entity try to keep the Services safe, secure and functioning properly. However, Entity cannot guarantee the continuous operation of or access to the Services. Updates and other notification functionality in the Services may not occur in real time. Such functionality is subject to delays beyond Entity's control.
You agree that you are making use of the Services at your own risk and that they are being provided to you on an "AS IS", "WITH ALL FAULTS"and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including implied warranties of merchantability, fitness for a particular purpose and non-infringement.
No advice or information, whether oral or written, obtained by you from Entity or through use of the Services shall create any warranty not expressly stated in this PTA. the content has been prepared for informational and educational purposes only and in no way constitutes legal, financial or any other type of professional advice. You should not act upon any information contained on the Services or provided through use of the Services without consulting your own legal, financial or other professional advisor.
In addition, to the extent permitted by applicable law, we (including Entity's parent, subsidiaries and affiliates and Entity's and their officers, directors, agents and employees) are not liable and you agree not to hold us responsible, for any damages or losses (including loss of content, data, money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
⚖ your use of or your inability to use the Services;
⚖ pricing, shipping, format, or other guidance provided by the Services;
⚖ delays or disruptions in the Services;
⚖ viruses or other malicious software obtained by accessing or linking to the Services;
⚖ glitches, bugs, errors, maintenance shutdowns, or inaccuracies of any kind in the Services;
⚖ damage to your hardware device from the use of any of the Services;
⚖ the content, actions, or inactions of third-parties, including items listed using or utilizing the Services or the destruction of allegedly fake items;
⚖ a suspension or other action taken with respect to your account or breach of the abusing the Services;
⚖ the duration or manner in which your listings appear in search results as set out in the listing conditions above; or
⚖ your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this PTA or Entity's policies.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS PRELIMINARY AND TEMPORARY AGREEMENT, ENTITY MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ENTITY WILL NOT BE LIABLE FOR YOUR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF ENTITY OR ITS SUBSIDIARIES AND AFFILIATES HAVE BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. ENTITY'S (AND ITS WHOLLY OWNED SUBSIDIARIES' TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS PRELIMINARY AND TEMPORARY AGREEMENT WILL NOT EXCEED $100 (USD).
The Services, which includes the Software and all IP Rights therein are and will remain, the property of Entity (and its owned subsidiaries). All rights in and to the Software not expressly granted to you in this PTA are reserved and retained by Entity and its licensors without restriction, including, Entity's (and its owned subsidiaries') right to sole ownership of the Software and Documentation. Without limiting the generality of the foregoing, you agree not to (and not to allow any third-party to): (a) sublicense, distribute, or use the Services or Software outside of the scope of the license granted in this PTA; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Software or otherwise attempt to discover any source code or trade secrets related to the Services; (c) rent, lease, sell, assign or otherwise transfer rights in or to the Software or the Services; (d) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Services or the Software; (e) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Services for any purpose without the express written consent of Entity; (f) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Entity (or its owned subsidiaries) other than in the name of Entity (or its owned subsidiaries, as the case may be); (g) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Services; or (h) seek, in a Proceeding filed during the term of this PTA or for one year after such term, an injunction of any portion of the Services based on patent infringement.
If you have a dispute with one or more Clients, you release us (and Entity's affiliates and subsidiaries and Entity's and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND Entity HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Entity agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of PTA, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Disputes Section.
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the United States, without regard to principles of conflict of laws, will govern PTA and any claim or dispute that has arisen or may arise between you and Entity, except as otherwise stated in PTA.
You and Entity each agree that any and all disputes or claims that have arisen or may arise between you and Entity relating in any way to or arising out of this or previous versions of PTA, your use of or access to the Services, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this PTA to Arbitrate.
YOU AND ENTITY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND Entity AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER CLIENTS.
Arbitration uses a neutral arbitrator instead of a judge or jury and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of PTA as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this PTA to Arbitrate, or the interpretation of Section 1 of this PTA to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its Rules and Procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this PTA to Arbitrate. The AAA's Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA's Rules will govern the number of arbitrators that may preside over an arbitration conducted under this PTA to Arbitrate.
A party who intends to seek arbitration must first send to the other, via voice messages, email and mail, respectively, a completed form Notice of Dispute ("Notice"). The Notice to Entity should be sent via email and mail. The Entity will send any Notice to you to the physical or mailing address we have on file associated with the Services account; it is your responsibility to keep your physical or mailing address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and Entity are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Entity may initiate arbitration Proceedings. A form for initiating arbitration Proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its Rules and Procedures, the party initiating the arbitration must email and mail a copy of the completed form to the opposing party. In the event Entity initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with the Services account. Any settlement offer made by you or Entity shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in the county in which we reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Entity may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Entity subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Entity may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Clients, but is bound by rulings in prior arbitrations involving the same Client to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's Rules, unless otherwise stated in this PTA to Arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to pay all filing, administration and arbitrator fees associated with the arbitration that you otherwise would be obligated to pay under the AAA's Rules.
With the exception of any of the provisions in Section 1 of this PTA to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this PTA to Arbitrate is invalid or unenforceable, the other parts of this PTA to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this PTA to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this PTA to Arbitrate shall be null and void. The remainder of the PTA and its Disputes Section will continue to apply.
Notwithstanding any provision in PTA to the contrary, you and Entity agree that if we make any amendment to this PTA to Arbitrate (other than an amendment to any notice address or links provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal Proceeding against Entity prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the PTA to Arbitrate that have arisen or may arise between you and Entity. We will notify you of amendments to this PTA to Arbitrate by posting the amended terms on https://aicody.com/general/terms at least 30 days before the effective date of the amendments and by providing notice via email and mail, respectively. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the amended terms.
You and Entity expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY, CLASS-ACTION LAWSUITS, AND CLASS-WIDE ARBITRATIONS. This means that if for any reason the arbitration consent is not enforced or is found inapplicable, Entity's claims against each other will be resolved by a judge rather than a jury on an individual basis.
Unless you and Entity agree otherwise, in the event that the PTA to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the PTA to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Entity must be resolved exclusively by a state or federal court located in the United States. You and Entity agree to submit to the personal jurisdiction of the courts located within United States for the purpose of litigating all such claims or disputes.
Except as otherwise provided in this PTA, if any provision of this PTA is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In Entity's sole discretion, we may assign this PTA, by providing notice of such assignment in accordance with the Notices Section.
The Entity's failure to act with respect to a breach by you or others does not waive Entity's right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this PTA.
Your continued access or use of the Services constitutes your acceptance of our amended PTA. We may or may not ask you to acknowledge your acceptance of PTA through an electronic click-through.
This PTA and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by Entity without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
THE POLICIES POSTED ON THE SERVICES MAY BE CHANGED FROM TIME-TO-TIME WITHOUT A NOTICE. CHANGES TAKE EFFECT WHEN WE POST THEM ON ENTITY SERVICES.
If you create or use an account on behalf of a entity, you represent that you are authorized to act on behalf of such entity and bind the business to this PTA. Such account is owned and controlled by the entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this PTA.
This PTA and all polices set forth the entire understanding and contract between you and Entity and supersede all prior understandings and contracts of the parties.
The following Sections survive any termination of this PTA: Fees; Content; Disclaimer of Warranties; Limitation of Liability; Indemnity; and Disputes.
If you are a California resident, in accordance with California Civil Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
At-will, you or Entity may terminate this PTA at any time and place with or without notice, upon which Entity will stop providing the Services and you shall stop accessing the Services and delete all copies of the software from all Properties and certify that in writing to Entity within 3 business days of such termination. In the event of any termination (a) you will not be entitled to any refunds of any usage fees or any other fees and (b) any outstanding balance for Services rendered through the date of termination shall be immediately due and payable in full and (c) all of your historical Report data will no longer be available to you.
On a daily basis, Entity reserve the right to modify or improve or add or remove any term or provision in any compartment of this PTA or correspondingly similar agreements or agreements to agree that may apply to the Services to, for instance, reflect changes to the law or changes to the Services, without posting notice of modifications. Changes will become effective forthwith. If you do not agree to the modified PTA for use of the Services, you shall discontinue your use Entity platform. No amendment to or modification of this PTA is binding unless (i) in writing and signed by a duly authorized representative of Entity; (ii) you accept the updated version of this PTA by using or utilizing the Services and your continuation of such utilization; OR (iii) you continue to use the Services after Entity has posted updates to this PTA or to any pertinent policies governing the Services.
We may amend this PTA at any time and place by posting our updates on a daily basis. The Entity reserves the right to determine the form and means of providing notifications to you and you agree to receive legal notices electronically, if we so choose. We may amend this PTA from time-to-time and the most current version will be posted on this Entity's Website. By continuing to access or use the Services after revisions become effective, you agree to be bound by the amended PTA.
Any and all requests, Disputes, necessities, emergencies or communications of any and all types shall be transmitted to Entity with proper and sufficient descriptions via all three methods of voice or text messaging, email and mail, respectively and solely:
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