Terms of use
Relatio service includes a subscription that automatically renews until you cancel it. To avoid being charged you must affirmatively cancel your subscription at least 24 hours before the end of the trial or then-current subscription period.
PLEASE NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION IN SECTION 11 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ALL SERVICE(S). THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS APPELLATE REVIEW THAN IN COURT.
FURTHERMORE, THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND A CLASS ACTION WAIVER.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCESSING AND/OR USING ANY PART OF THE WEBSITE.
1. ACCEPTANCE OF TERMS. DEFINITIONS
Website located at getrelatio.com and content available via the website and our emails are distributed by Brora Corp, having its registered address at 3960 Howard Hughes Parkway, Suite 500, Las Vegas, Nevada, 89169, USA (hereinafter referred to as “we”, “us”, “our”, “Relatio” or the “Company”). The website, service delivered, the content, tools, transactions available by using getrelatio.com, are collectively referred to as the “Website".
Your access and use of the Website constitutes your agreement to be bound by these Terms and Conditions of Use (the “Terms”), which establishes a legally binding contractual relationship between you and the Company. For this reason, PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE.
2. LICENSE AND LICENSE RESTRICTIONS
Subject to your full compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable, and non-transferable license to access and use the Website and the Content (as defined below), and solely for purpose of using the Website for your own personal use.
Except to the extent expressly permitted under Section 2 (License and License Restrictions) above, you shall not: (a) copy, reproduce, distribute, transfer (by sale, resale, renting, lending, license, sublicense, download or otherwise), modify, create derivative works of, publicly perform, or publicly display any part of the Website or any Content; (b) disrupt servers or networks connected to the Website; (c) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Website; and/or (d) circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Website. Compliance with the foregoing restrictions is a condition to the license granted to you under this Section 2 (License and License Restrictions).
3. INTELLECTUAL PROPERTY RIGHTS
3.1. Ownership
Your use of the Website is licensed and not sold to you under these Terms and you acknowledge that the Website and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the Website (and its related software). We reserve all rights not expressly granted herein to the Website. As used herein, the term “Intellectual Property Rights” means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
We reserve the right to recourse to the legal remedies provided under the applicable law, in particular, but not limited to the remedies under the DMCA (the Digital Millennium Copyright Act).
3.2. Content
The content, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided or otherwise made available on or through the Website (collectively, the “Material(s)”), as well as the User Submissions (defined below) and the trademarks, service marks and logos contained therein (collectively, “Marks”, and together with the Materials and User Submissions, the “Content”), is the property of the Website and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. All other Marks used on the Website are the trademarks, service marks, or logos, as applicable, of their respective owners.
3.3. Use of Content
All Content is provided to you “AS IS” for your personal use only, and you acknowledge that all Content accessed, used, or relief upon by you is at your own risk and that you will be solely responsible and liable for any damage or loss to you or any other party resulting from such access, use, or reliance. If you download or print a copy of the Content, you must retain any copyright and other proprietary notices contained therein. We do not guarantee that any Content you access on or through the Website is or will continue to be accurate.
3.4. Third Party Open Source Software
Portions of the Website may include third party (including open source) software that are subject to third party terms and conditions (“Third-Party Terms”). The Website will comply with any rightful request you submit to us for exercising your rights under such Third-Party Terms. To the extent of any conflict between any Third-Party Terms and these Terms, the Third-Party Terms shall prevail in connection with the corresponding third-party software.
4. USER SUBMISSIONS
4.1. User Submissions
The Website may permit the sharing of content by you and other users, including but not limited to information, opinions, recommendations, and/or feedback that you may provide the Website in connection with the Website and/or your experience while using the Website (collectively, “User Submissions”). Your User Submissions may be made publicly available through the Website. You understand and agree that, whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of sharing them. We have complete discretion whether to publish your User Submissions and we reserve the right, without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions at any time and for any reason. Each User Submission, whether publicly posted or privately transmitted, is the sole responsibility of the user who originated such User Submission. You warrant that all User Submissions originated by you will be accurate, complete, up-to-date, in compliance with all applicable laws and regulations, and will not infringe the Intellectual Property Rights of any third party.
4.2. License to User Submissions
Subject to these Terms, by submitting User Submissions you hereby grant the Website a worldwide, irrevocable, non-exclusive, royalty-free, fully-paid, perpetual, sub-licensable, assignable and transferable license to use, reproduce, distribute, create derivative works of, publicly display, publicly perform, and otherwise commercially exploit the User Submissions in connection with the Website, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each of our users and Third-Party Sources (defined below) a non-exclusive right to use, reproduce, distribute, prepare derivative works of, publicly display and publicly perform such User Submissions in accordance with these Terms. You represent and warrant that you have all rights, permissions and authorizations needed to grant the license rights set forth in this Section 4 (User Submissions).
5. PAYMENT TERMS
5.1. General Provisions
The use of the Website is carried out on a payment basis. You may need to buy a subscription to use the Website (“Subscription”).
By purchasing the Subscription, you agree to an initial and recurring Subscription fee at the then-current Subscription rate, and you accept responsibility for all recurring charges until you cancel your Subscription. Your Subscription continues until cancelled by you or until we terminate your access to or use of the Website or Subscription in accordance with these Terms.
You may cancel your Subscription at any time, subject to the terms of our cancellation policy.
AUTOMATIC RENEWAL TERMS: Once you subscribe, we (or our third-party payment processor) will automatically charge your Subscription fee on each renewal date. We will continue to automatically process your Subscription fee each month or every three months or every six months (depending on your subscription plan) at the then-current Subscription rate, until you cancel your subscription. We explain how to cancel your Subscription below at the Section “Cancellation Policy”.
5.2. Refunds
We may provide refunds at our full discretion and in accordance with the Money Back Guarantee available on our website.
Generally, if you do not meet the conditions set out in the Money Back Guarantee, purchases made via our website are non-refundable and/or non-exchangeable, unless otherwise is stated herein or is required by applicable law. If you cancel your Subscription in the middle of the Subscription period you will not receive a refund of any portion of the Subscription fee paid for the then current Subscription period at the time of cancellation.
In any case, we have a right to refuse providing you any kind of refund if you have violated any provisions of the Terms.
If you have any questions regarding the refund policy, please contact us at [email protected].
Notice for residents of certain US states. If you reside in California and canceled the Terms, without penalty or obligation, at any time prior to midnight of the third business day following your registration on the Website, we will return, within ten days of the date on which you give notice of cancellation, any payments you have made.
Notice for the EU residents. You hereby request immediate performance of the Terms of Use and acknowledge that you will lose your right of withdrawal from the Terms of Use once they are fully performed. Therefore, if you cancel the Terms of Use for any reason and without justification within 14 calendar days from the date of your registration on the Website, you are entitled to the proportionate refund (i.e., for unspent credits only).
5.3. Subscription Cancellation
You can cancel your Subscription by contacting our customer support team via email at [email protected]. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Website will continue until the end of your then current subscription period and will then terminate without further charges. We may cancel your Subscription if you fail to pay for your Subscription, violate these Terms, or for any other reason in our sole discretion. IF YOUR SUBSCRIPTION IS CANCELLED, YOU ARE RESPONSIBLE FOR PAYMENT OF ANY OUTSTANDING BALANCES ON YOUR ACCOUNT, INCLUDING ANY FEES YOU MAY INCUR OR MAY HAVE INCURRED, AS DESCRIBED HEREIN.
6. PRIVACY
We will use any personal information that we may collect or obtain in connection with the Website in accordance with our privacy policy, which is available at Privacy Policy, and you agree that we may do so. Please also be aware that certain personal information and other information provided by you in connection with your use of the Website may be stored on your computer or other device (even if we do not collect that information). You are solely responsible and liable for maintaining the security of your computer or other device from unauthorized access.
7. WARRANTIES DISCLAIMER
THE WEBSITE AND ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND WHATSOEVER (WHETHER EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUALITY OF SERVICE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY THE WEBSITE. IN ADDITION, THE WEBSITE MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION (i) REGARDING THE CONTENT, EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, ACCURACY OR COMPLETENESS OF THE WEBSITE OR ANY CONTENT; OR (ii) THAT YOUR USE OF THE WEBSITE OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR WILL BE INTERRUPTED, SECURE OR ERROR-FREE.
Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE WEBSITE OR ITS AFFILIATES BE LIABLE FOR:
- ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES;
- ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF ANTICIPATED SAVINGS;
- ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, OR GOODWILL; AND/OR
- THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.
THE AGGREGATE COMBINED LIABILITY OF THE WEBSITE AND ITS AFFILIATES UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO THE WEBSITE (IF ANY) DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU BRING YOUR CLAIM. ACCORDINGLY, IF YOU HAVE NOT PAID THE WEBSITE ANY AMOUNTS IN SUCH THREE-MONTH PERIOD, THE WEBSITE SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (a) EVEN IF THE WEBSITE OR ITS AFFILIATES HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (b) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; and (c) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT).
9. INDEMNITY
If any third party (including, without limitation, a governmental entity) brings any kind of demand, claim, suit, action or proceeding against the Website, our affiliates, and/or any of our respective directors, officers, employees, agents, representatives, customers, suppliers, or licensors (each, an “Indemnitee”), which is based upon or arises from:
- your use of the Website;
- any breach by you under these Terms; and/or
- any of your User Submissions
- THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.
(each of the foregoing, a “Claim”) then, upon request by the Website (to be decided at our sole and absolute option), you agree to assume full control of the defense and settlement of the Claim; provided, however, that:
- the Website reserves the right, at any time thereafter, to take over full or partial control of the defense and/or settlement of the Claim; and
- you shall not settle any Claim, or admit to any liability thereunder, without the express prior written consent of the Website.
In addition, and regardless of whether (or the extent to which) you participated in the defense and/or settlement of a Claim, you agree to indemnify and hold harmless the Indemnitee against:
- any costs and expenses (including reasonable attorneys’ fees) incurred by the Indemnitee in the defense of such Claim; and
- any amounts to be paid in settlement of the Claim, or awarded against the Indemnitee under such Claim (such as, but not limited to, damages, liabilities, and fines)
10. TERM AND TERMINATION
The Website reserves the right to immediately terminate these Terms, or otherwise modify, suspend or discontinue your access to and use of the Website (or any part thereof), for any reason whatsoever, at any time, and without notice to you, and you agree that the Website will have no liability or obligation to you for any such termination, modification, suspension, or discontinuance. If you object to any term or condition in these Terms or any subsequent changes thereto, or become dissatisfied with the Website in any way, your only recourse is to cease accessing and using the Website. Upon termination of these Terms, your license right under Section 2 (License and License Restrictions) will automatically terminate and you must immediately cease all access to and use of the Website.
11. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION 11 (“ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH Relatio AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
11.1. Applicability of Arbitration Agreement
This Arbitration Agreement governs any dispute between you and Relatio (and each of our respective agents, corporate parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns) including but not limited to claims arising out of or relating to any aspect of the relationship between you and Relatio, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement; and claims that may arise after the termination of these Terms. However, (1) you may assert claims in small claims court if your claims qualify within the scope of your jurisdiction; and (2) you or Relatio 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 these Terms or any prior version of these Terms.
The relevant arbitrator shall have sole authority to determine applicability of the Arbitration Agreement in each particular case. In the event that a dispute involves both issues that are subject to arbitration and issues that are not subject to arbitration, the parties unequivocally agree that any legal proceeding regarding the issues not subject to arbitration shall be stayed pending resolution of the issues subject to arbitration.
11.2. Initial Dispute Resolution
Most disputes can be resolved without resort to arbitration. If you have any dispute with Relatio, you agree that before taking any formal action, you will contact us at [email protected], and provide a brief, written description of the dispute and your contact information. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Relatio, and good faith negotiations will be a condition to either party initiating an arbitration.
11.3. Binding Arbitration
If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Website will be finally settled by binding arbitration before one arbitrator administered by:
(1) the London Court of International Arbitration (“LCIA”) if you are not a U.S. resident. Disputes are subject to the most current version of the LCIA Arbitration Rules when the notice of arbitration is submitted. Information about the LCIA’s rules can be found at https://www.lcia.org/Dispute_Resolution_Services/LCIA_Arbitration.aspx; or
(2) JAMS if you are a U.S. resident. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.
In each case the relevant arbitration rules will apply as modified by this Arbitration Agreement. In the event of a conflict between the applicable arbitration rules and these Terms, these Terms shall govern unless otherwise agreed by the parties and the relevant arbitrator.
If the relevant administrator of arbitration is not available to arbitrate, the parties will select an alternative arbitral forum.
11.4. Arbitration Proceedings
Initiating Arbitration. To start an arbitration, you must follow instructions available at:
(1) https://www.lcia.org/adr-services/lcia-notes-for-parties.aspx#5.%20COMMENCING%20AN%20LCIA%20ARBITRATION for LCIA; or
(2) https://www.jamsadr.com/submit/ for JAMS.
Arbitration Fees. If you are a consumer and you initiate arbitration, the only fee required to be paid is $250 and the other part of the filing fee (if any) will be borne by us. If the arbitrator finds the arbitration initiated by you to be non-frivolous and/or not in bad faith, all other arbitration costs will be borne by Relatio. If Relatio initiates arbitration against you and you are a consumer, Relatio will pay for all costs associated with the arbitration. The parties are responsible for paying their own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
Should either party bring a dispute involving issues subject to arbitration in a forum other than arbitration, the court or the arbitrator shall have the authority to award reasonable costs, fees and expenses, including reasonable attorneys’ fees, incurred by the other party in successfully staying or dismissing, in whole or in part, such other proceeding or in otherwise enforcing compliance with this Arbitration Agreement.
Arbitrator Selection. The arbitrator must be neutral, and you will have a reasonable opportunity to participate in the process of choosing the arbitrator.
Arbitration Hearings. The arbitrator will conduct hearings, if any, by teleconference or videoconference (based on written and/or electronic filing of documents), rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, provided that if you are a consumer, you have a right to an in-person hearing in your hometown area. If the parties are unable to agree on a location, such determination should be made by the administrator of arbitration or by the arbitrator.
Consumer Remedies. If you are a consumer, remedies that would otherwise be available to you under applicable laws will remain available under this Arbitration Agreement, unless you retain the right to pursue such remedies in court as per this Agreement.
Discovery of Non-privileged Information. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the claim.
Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.
Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.
Choice of Law. The arbitrator shall apply:
1) if you are not a U.S. resident, the laws of England and Wales (also known as English Law), without regard to English Law’s conflict of laws rules; or
2) if you are a U.S. resident, Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law.
Arbitrator’s Award. An arbitrator’s award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.
The arbitration award shall be final and binding on the parties. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.
11.5. Class Action Waiver and Jury Trial Waiver
THE ARBITRATOR HAS NO AUTHORITY TO AWARD PUNITIVE DAMAGES. NEITHER YOU NOR Relatio AGREES TO ANY ARBITRATION ON A CLASS BASIS, AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED ON SUCH A BASIS. A PARTY MAY ASSERT A CLAIM OR COUNTERCLAIM ONLY IN THAT PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS PROCEEDING. UNDER THE ARBITRATION AGREEMENT, ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTIES CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION.
11.6. Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in court with jurisdiction or in other relevant state authority to protect its intellectual property rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
11.7. 30-Day Right to Opt Out
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending electronic notice of your decision to opt out to [email protected] with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within 30 days of (a) the effective date of these Terms; or (b) your first date that you used the Website that contained any versions of the Terms that substantially included this version of the Arbitration Agreement (including class action waiver), whichever is later. Otherwise you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of this Arbitration Agreement, Relatio also will not be bound by it.
In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 19.a “Governing Law and Venue.”
11.8. Severability of Arbitration Agreement
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Arbitration Agreement; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in court in accordance with Section 19.a “Governing Law and Venue,” and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Arbitration Agreement is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Arbitration Agreement will be enforceable.
11.9. Survival
This Arbitration Agreement will survive any termination of your use of the Website.
12. SURVIVING PROVISIONS
Sections 3 (Intellectual Property Rights) through 16 (Electronic Signature), inclusive, as well as any provision of these Terms which by nature ought to survive, shall survive termination of these Terms and your use of or access to the Website.
13. ASSIGNMENT
The Website may assign these Terms (or any of its rights and obligations hereunder) without your consent and without notice to you. You may not assign these Terms (or any of your obligations or rights hereunder) without the Website’s express prior written consent. Any prohibited assignment shall be null and void.
14. MODIFICATION
The Website reserves the right to make changes to these Terms at any time by posting changes on the Website. Such changes will be effective ten (10) days thereafter, and your continued use of the Website thereafter means that you agree to be bound by the changes. Please check the Website regularly for any changes.
15. GOVERNING LAW
The laws of the State of Delaware, the USA excluding its conflicts of law principles, govern these Terms and your use of the Website.
To the extent that any action relating to any dispute hereunder is for whatever reason not submitted to arbitration, each of the parties submits to the exclusive jurisdiction to the courts of England and Wales to settle any disputes which may arise out of or in connection with this Agreement and that accordingly the relevant proceedings must be brought in such courts.
The parties irrevocably submit to the personal jurisdiction and venue of the courts of England and Wales and waive any defenses of improper venue or forum non conveniens.
16. ELECTRONIC SIGNATURE
You further acknowledge and agree that by clicking on a button labeled “GET MY PLAN”, “CONNECT NOW”, “PAY”, “BUY WITH GOOGLE PAY”, “BUY WITH APPLE PAY”, “I ACCEPT”, “I AGREE” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement.
Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, you hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the Website.
Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments by other than electronic means.