Last update: 12/07/2023
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND MagicHow WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. SEE SECTION 13 FOR MORE DETAILS.
Company Properties, including the Site, the Services, and the software and systems provided by the Company to provide the Site and Services (collectively referred to as the "Company Properties"), are safeguarded by worldwide copyright, trademark, and other proprietary rights and laws. As per the terms stated here, including the payment of relevant fees, the Company hereby allows you a restricted, non-transferable, non-sublicensable, non-exclusive right to access and using the Services solely for your internal business needs.
The purpose of our Services is to allow users to record and document their workflows our Services. Your using of our Services is governed by any restrictions specified in your order, whether it is based on our pricing page or a written order form between you and Company (referred to as an "Order"). Only individuals authorized by you are granted access to and allowed to use the Service.
You acknowledge that Company Properties are continuously developing and evolving. Consequently, Company may request that you accept updates to Company Properties installed on your computer. You understand and agree that Company has the authority to update Company Properties with or without prior notification to you. It may be necessary for you to periodically update third-party software to ensure the seamless use of Company Properties.
The rights granted to you under the Terms are subject to certain restrictions, including:
You are not permitted to license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or commercially exploit any part of Company Properties, which includes the Site and applications.
Framing or using framing techniques to enclose any trademarks, logos, or other elements of Company Properties (including images, text, page layout, or form) is prohibited.
Usage of metatags or other "hidden text" using Company's name or trademarks is not allowed.
Modifying, translating, adapting, merging, creating derivative works of, disassembling, decompiling, reverse compiling, or reverse engineering any part of Company Properties, unless expressly permitted by applicable law, is prohibited.
Employing manual or automated software, devices, or processes (such as spiders, robots, scrapers, crawlers, avatars, data mining tools, or similar) to "scrape" or download data from web pages within the Site, except as permitted for public search engine operators to create searchable indices, is not allowed. However, this permission does not extend to caching or archiving such materials.
Accessing Company Properties with the intention of building a similar or competitive site, application, or service is prohibited.
Unless expressly stated, no part of Company Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.
Removing or destroying any copyright notices or proprietary markings on or in Company Properties is not permitted.
Any future updates, releases, or additions to Company Properties are also subject to the Terms. Company, along with its suppliers and service providers, reserves all rights not explicitly granted in the Terms. Unauthorized use of Company Properties will result in the termination of the licenses granted by Company under the Terms.
As part of Company Properties, you may be granted access to materials hosted by third parties. You acknowledge that Company cannot feasibly monitor these materials and that accessing them is done at your own risk.
That have access to certain features of Company Properties, it may be necessary for you to become a Registered User. As defined in the Terms, a "Registered User" is an individual who has successfully registered an account on the Site, referred to as an "Account".
By registering an account on the Site, you are agreeing to the following:
Provide accurate, current, complete, and truthful information about yourself as requested in the registration form (referred to as the "Registration Data").Keep the Registration Data up to date and promptly make any necessary updates to ensure its accuracy and completeness. You confirm that you:
are legally eligible to enter into a binding contract, and
are not prohibited from using Company Properties, based on your place of residence, or any other applicable jurisdiction.
You are responsible for all activities conducted through your Account. Sharing your Account or password with others is strictly prohibited. Authorized Users are not permitted to share their account credentials with anyone, including other Authorized Users. You agree to:
Immediately notify Company of any unauthorized use of your password or any security breaches.
Log out of your Account at the end of each session.
If you provide false, inaccurate, outdated, or incomplete information, or if Company has reasonable grounds to suspect such information, Company reserves the right to suspend or terminate your Account and deny any current or future use of Company Properties (or any part thereof). You agree not to create an Account using false identity or information or on behalf of someone other than yourself.
Company retains the right to remove or reclaim any usernames at its discretion and for any reason, including claims by third parties that a username violates their rights. You agree not to create an Account or use Company Properties if you have previously been removed by Company or banned from any of Company Properties.
Despite any conflicting provisions herein, you acknowledge and agree that you do not possess any ownership or other property rights in relation to your Account. Additionally, you further acknowledge and agree that all rights pertaining to your Account belong solely to Company and shall continue to do so indefinitely, for Company's benefit.
To connect with Company Properties, including but not limited to, accessing them through a computer, you are required to provide all the necessary equipment and software. It is your sole responsibility to ensure that your computer is suitable for connecting to and using Company Properties. Additionally, any fees incurred while accessing Company Properties, such as Internet connection charges, are entirely your responsibility.
You acknowledge that all data, information, emails, preferences, calendar information, text, images, videos, audio-visual information, materials, and content (referred to as "Content"), including Company Properties, are the sole responsibility of the party who originated such Content. This implies that you, and not Company, bear full responsibility for all Content that you upload, post, email, transmit, or otherwise make available ("Make Available") through Company Properties (referred to as "Your Content"). Similarly, you and other Users of Company Properties, not Company, are also responsible for all Content they Make Available through Company Properties (referred to as "User Content").
You acknowledge that Company is under no obligation to pre-screen Content, including User Content, although Company retains the right, at its sole discretion, to pre-screen, refuse, or eliminate any Content. If Company chooses to pre-screen, refuse, or remove any Content, you acknowledge that it will be done for the benefit of Company and not for your benefit. Furthermore, Company reserves the right to remove any Content that violates the Terms or is deemed objectionable, without limitation.
Unless explicitly agreed upon in writing by Company elsewhere, Company is not obligated to store any of Your Content that you make available on Company Properties. Company bears no responsibility or liability for the deletion or accuracy of any Content, including Your Content. This includes any failures in storing, transmitting, or receiving Content, as well as the security, privacy, storage, or transmission of other communications related to the use of Company Properties. You consent to Company's authority to impose reasonable restrictions on its use and storage of the Content, including Your Content, such as limitations on file size, storage capacity, processing capabilities, and similar restrictions as determined solely by Company.
With the exception of Your Content and User Content, you acknowledge that Company and its suppliers hold all rights, title, and interest in Company Properties.
With regard to Your Content, you agree that you do not possess any rights or title to any Content displayed on or within Company Properties.
Company does not assert ownership over Your Content. However, as a User, when you post or publish Your Content on or within Company Properties, you represent that you possess an ownership and/or a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including moral rights), as well as a license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other compensation from, and communicate to the public, perform, and display Your Content (either wholly or partially) worldwide. This license extends to incorporating Your Content in other works in any form, media, or technology, known or developed in the future, throughout the entire duration of any global intellectual property rights that may apply to Your Content.
Based on the account settings you choose, you grant Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content, either in whole or in part, for the purpose of operating and providing Company Properties to you. You affirm that the holder of any worldwide intellectual property right, including moral rights, in Your Content has willingly and completely waived all such rights and has granted you the right to provide the aforementioned license, which is valid and irrevocable. You acknowledge that you, and not Company, bear full responsibility for all of Your Content that you make available on or through Company Properties.
You acknowledge that any submission of ideas, suggestions, documents, and/or proposals to Company through its suggestion, feedback, wiki, forum, or similar pages ("Feedback") is done at your own risk. Company has no obligations, including confidentiality obligations, regarding such Feedback. You declare and warrant that you possess all the necessary rights to submit the Feedback. By doing so, you grant Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and exploit, both commercially and non-commercially, any and all Feedback in any manner. This includes the right to sublicense the aforementioned rights, all in connection with the operation and maintenance of Company Properties.
During your use of Company Properties, you are prohibited from:
5.1 Making available any Content that is (i) unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically, or otherwise objectionable; (ii) in violation of, or encourages conduct that would violate, any applicable law or regulation, or that could result in civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (iv) displays violence or threats, or promotes violent or threatening actions towards others; or (v) encourages illegal or harmful activities.
5.2 Causing harm to minors in any manner.
5.3 Impersonating any person or entity, including but not limited to, Company personnel, or misrepresenting your affiliation with any person or entity.
5.4 Making available any Content for which you do not have the right to do so under any law or contractual or fiduciary relationships. This includes inside information, proprietary and confidential information obtained or disclosed during employment or under non-disclosure agreements.
5.5 Making available any Content that infringes upon the rights of any person or entity, including but not limited to, patents, trademarks, trade secrets, copyrights, privacy, publicity, or other proprietary or contractual rights.
5.6 Intentionally or unintentionally violating any applicable local, state, national, or international laws or regulations, or any court orders.
5.7 Advocating, encouraging, or assisting any third party in engaging in any of the aforementioned activities outlined in this section.
Company reserves the right, but is not obligated, to monitor or review Company Properties and Content at its discretion and at any time. Without limiting the above statement, Company has the sole discretion to remove any of Your Content for any reason (or no reason), including if it violates the Terms or any applicable laws. While Company generally does not actively monitor user activity related to Company Properties or Content, if it becomes aware of any potential violations of the Terms by you, Company reserves the right to investigate such violations. In its sole discretion, Company may promptly terminate your license to use Company Properties, or modify, change, or remove Your Content, either in part or in full, without prior notice to you.
You are responsible for making all payments for fees or charges associated with your Account or Order, following the fees, charges, and billing terms in effect when a fee or charge becomes due and payable. It is your obligation to promptly inform Company of any changes to your billing address or payment details. Company retains the right to modify its prices and billing methods at any time, either by posting the changes on Company Properties or by sending you an email notification.
When creating your Account and selecting a subscription package, you are responsible for paying the applicable fee for any Services, referred to as the "Service Subscription Fee." The subscription will commence on the Service Commencement Date, as agreed upon unless stated otherwise in writing between you and Company. The subscription will continue for the period that has been paid for, known as the "Subscription Term." At the end of the term, unless otherwise specified in an Order, your subscription will automatically renew for equivalent durations unless either you or Company provides written notice of non-renewal at least thirty (30) days before the current subscription term expires. With the exception of what is explicitly stated in the Terms, all fees for the Services are non-refundable. A contractual agreement for the Services will only be established when Company accepts your order through confirmatory email or other appropriate means of communication.
The fees charged by Company are exclusive of any applicable Sales Tax. If any Services or payments for Services, as defined in the Terms, are subject to Sales Tax in a specific jurisdiction, and you have not remitted the required Sales Tax to Company, it will be your responsibility to make the necessary payment for such Sales Tax, including any associated penalties or interest, to the relevant tax authority. Furthermore, you agree to indemnify Company for any liabilities or expenses incurred in connection with such Sales Taxes. Upon request, you will provide official receipts issued by the relevant taxing authority or any other evidence confirming the payment of all applicable taxes. For the purpose of this section, "Sales Tax" refers to any sales or use tax, or any other tax based on sales proceeds, which Company is authorized to pass on to its customers, and is considered equivalent to a sales tax in jurisdictions where a sales or use tax is not explicitly imposed.
Any free trial or promotional offer granting Registered User access to the Services or additional features must be used within the designated trial period. Upon the trial's expiration, your access to the Service will terminate, and further usage will be prohibited unless you agree to pay the relevant subscription fee. In the event of an unintentional charge for a subscription, please contact Company to request a reversal of the charges.
To ensure that any disputes regarding charges on your invoice are properly addressed, you are required to notify us in writing within seven (7) days upon receipt of the invoice. Failure to notify us of any billing disputes within this timeframe will result in the waiver of such disputes. To report billing disputes, please send a notification to the following email address: email@example.com.
Company agrees to protect and absolve you from any losses, costs, liabilities, and expenses (including reasonable attorney's fees) related to or arising from third-party claims, to the extent that such claims result from or are alleged to result from the Services' infringement of a third party's intellectual property rights. You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively referred to as the "Company Parties") harmless from any losses, costs, liabilities, and expenses (including reasonable attorney's fees) related to or arising from: (a) Your Content; (b) your use of or inability to use Company Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including other Users; or (e) your violation of any applicable laws, rules, or regulations. Company reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, and in such cases, you agree to fully cooperate with Company in asserting any available defenses. This provision does not require you to indemnify any of Company Parties for unconscionable commercial practices, fraud, deception, false promises, misrepresentations, concealment, suppression, or omission of any material fact by such party in connection with the Site or any Services provided hereunder. You acknowledge that the provisions in this section will remain in effect even after the termination of your Account, the Terms, or your access to Company Properties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MagicHow, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MagicHow, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE. FROM TIME TO TIME, COMPANY MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT COMPANY’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD COMPANY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF COMPANY PROPERTIES. YOU UNDERSTAND THAT COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF COMPANY PROPERTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MagicHow, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. FURTHERMORE, IN NO EVENT SHALL MagicHow’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, OR ONE THOUSAND DOLLARS ($1,000.00), WHICHEVER IS GREATER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THE LIMITATIONS ON MagicHow’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT MagicHow HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT MagicHow’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
If Company becomes aware of any potential violations of the Terms by you, it reserves the right to conduct an investigation into such violations. In the event that the investigation reveals possible criminal activity, Company retains the right to report the matter to, and cooperate with, applicable legal authorities. Subject to any restrictions imposed by applicable law, Company has the authority to disclose any information or materials, including Your Content, that it possesses in connection with your use of Company Properties. This disclosure may occur in the following circumstances: (1) to comply with applicable laws, legal processes, or governmental requests; (2) to enforce the Terms; (3) to address claims that Your Content violates the rights of third parties; (4) to respond to your customer service inquiries; or (5) to protect the rights, property, or personal safety of Company, its Users, the general public, or any enforcement or government officials, as deemed necessary or appropriate at the sole discretion of Company.
If, at its sole discretion, Company determines that you have violated any portion of the Terms or engaged in inappropriate conduct on Company Properties, it reserves the right to take the following actions:
Issue a warning to you via email (sent to any email address you have provided to Company) notifying you of the violation.
Remove any of Your Content that you or your representative(s) have provided on Company Properties.
Terminate your registration(s) on any of Company Properties.
Terminate your subscription to any Services.
Notify and/or provide Content to, as well as fully cooperate with, the appropriate law enforcement authorities for further action.
Take any other action deemed appropriate by Company.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF COMPANY PROPERTIES. YOU UNDERSTAND THAT COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF COMPANY PROPERTIES.
The Terms come into effect on the date of your acceptance (as described in the introduction above) and will remain in full force as long as you use Company Properties, unless terminated earlier in accordance with the Terms. However, if you have a paid subscription for Services, these Terms will continue to apply for the duration of your paid subscription, unless terminated earlier in accordance with the Terms.
If, for any reason, timely payment cannot be processed by your Payment Provider, or if you have significantly violated any provision of the Terms, engaged in abusive or unreasonable interference with the operation of the Services, or if the provision of the Site or Services becomes unlawful due to legal requirements, Company holds the right to immediately and without prior notice, suspend or terminate these Terms and any Services provided to you. You acknowledge that all terminations for cause will be determined solely at Company's discretion and that Company will not be held liable to you or any third party for any termination of your Account.
You are required to keep track of your Account for all the Services you use. If you encounter any difficulties in closing your Account, please reach out to us at firstname.lastname@example.org. It is important to note that if you have a paid subscription for the Services, you remain responsible for paying the full amount for your paid subscription throughout the entire Subscription Term, regardless of whether you decide to terminate your use of the Services prematurely. Additionally, the Services will automatically continue at the conclusion of each subscription period unless you cancel your subscription following the procedure outlined in Section 7.2.
Terminating a Service will result in the revocation of access to that particular Service and the prohibition of any further use. If all Services are terminated, your Account's password, along with any relevant information, files, and Content associated with your Account (or any part thereof), including Your Content, will be permanently deleted. Once a Service is terminated, your right to use that Service will immediately cease. It is important to note that terminating Services may lead to the removal of Your Content linked to those Services from our live databases. Company will not be held liable to you for any suspension or termination, including the deletion of Your Content. Certain provisions of the Terms, such as ownership rights, warranty disclaimers, and limitation of liability, will continue to be applicable even after the termination of Services, as they are intended to endure such termination.
If your registration(s) or access to Company Properties or any other Company community is terminated by Company due to your violation of any part of the Terms or for engaging in conduct deemed inappropriate for the community, you agree not to attempt to re-register or access Company Properties or any Company community using a different username or any other means. Additionally, you acknowledge that you will not be eligible for a refund of fees associated with the terminated access to those Company Properties. In the event that you violate the aforementioned statement, Company reserves the right, at its sole discretion, to take immediate action as described herein without providing any prior notice or warning to you.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Company and limits the manner in which you can seek relief from us.
You agree that any dispute or claim relating in any way to your access or use of the Site, to any products sold or distributed through the Site, or to any aspect of your relationship with Company, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, and (2) you or Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seIt in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Tallinn, Estonia. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of Estonia.
The arbitrator holds exclusive authority to (a) determine the extent and enforceability of this Arbitration Agreement, and (b) resolve any disputes concerning the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. This includes addressing claims that any part of this Arbitration Agreement is void or voidable. The arbitration process will determine the rights and responsibilities of both you and Company. The arbitration proceeding will not be consolidated with other matters or joined with any other cases or parties. The arbitrator is empowered to grant motions that resolve all or part of any claim. Additionally, the arbitrator has the authority to award monetary damages and provide non-monetary remedies or relief permitted by applicable law, the rules of the arbitral forum, and the Agreement (including the Arbitration Agreement). A written award and statement of decision will be issued by the arbitrator, outlining the essential findings and conclusions on which the award is based, including the calculation of any awarded damages. The arbitrator possesses the same authority to grant relief on an individual basis as a judge in a court of law. The arbitrator's award is final and binding upon both you and Company.
You and Company both voluntarily relinquish any constitutional and statutory rights to file a lawsuit in court and have a trial conducted by a judge or jury. Instead, you and Company have chosen to resolve all claims and disputes through arbitration as outlined in this Arbitration Agreement, except for those situations specified in Section 13.1 above.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then claim must be severed from the arbitration and brought into the Republic of Estonia Courts. All other claims shall be arbitrated.
Except as provided in subsection 13.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
This Arbitration Agreement will survive the termination of your relationship with Company.
Notwithstanding any provision in this Agreement to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Company at the following address: email@example.com.
The communication between you and Company occurs through electronic means, whether it is by visiting Company Properties, sending e-mails to Company, receiving notices posted on Company Properties, or being communicated with via e-mail. In terms of contractual obligations, you (1) give consent to receive communications from Company in electronic format, and (2) acknowledge that all terms and conditions, agreements, notices, disclosures, and other communications provided to you by Company electronically fulfill any legal requirement that such communications would satisfy if they were in writing. The above statement does not impact your statutory rights.
By using Users Content, you hereby release Company Parties and their successors from any claims, demands, losses, damages, rights, and actions of any nature, including personal injuries, death, and property damage, whether directly or indirectly related to or arising from your use. It is important to note that the aforementioned release does not apply to any claims, demands, losses, damages, rights, and actions of any nature, including personal injuries, death, or property damage, resulting from any unconscionable commercial practice, fraud, deception, false promise, misrepresentation, concealment, suppression, or omission of any material fact by a Company Party in connection with the Site or any Services provided under the Terms.
You may not assign, subcontract, delegate, or transfer Terms, as well as your rights and obligations under them, without obtaining prior written consent from Company. Any attempted assignment, subcontract, delegation, or transfer in violation of this provision will be deemed null and void.
Company will not be held liable for any delays or failures in performance that result from circumstances beyond its reasonable control. Such circumstances include, but are not limited to, acts of God, war, terrorism, riots, embargoes, actions taken by civil or military authorities, fires, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
If you have any questions, complaints or claims with respect to Company Properties, please contact us at: firstname.lastname@example.org. We will do our best to address your concerns.
To the extent, the parties are permitted under this Agreement to pursue legal action in a court, both you and Company acknowledge and agree that any claims and disputes arising from or related to the Agreement will be exclusively litigated in the EU located in Tallinn, Estonia.
The Terms and any action related thereto will be governed and interpreted by and under the laws of the Republic of Estonia, to the exclusion of the Convention of the United Nations on Contracts for the International Sale of Goods (CISG).
Where Company requires that you provide an e-mail address, you are responsible for providing Company with your most current e-mail address. In the event that the last e-mail address you provided to Company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice about account-specific actions to email@example.com.
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Please visit this page regularly to review these Terms for any changes.
The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.