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Terms & Conditions

Last modified: June 26, 2017

 

These Terms of Service (the “Terms”) govern the relationship between you and Tatbeq, LLC doing business as JOIFUL (hereinafter, “Company,” “us,” or “we”) regarding your access to and use of this website (the “Website”) and mobile applications (the “Applications”), and products and services we provide through or in connection with the Website and Applications, including any products or services that facilitate your use of such services (collectively the “Service”).  The Service is owned and operated by the Company.

 

IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS CREATE A LEGALLY BINDING AGREEMENT.  BY CREATING AN ACCOUNT (AS DEFINED BELOW) OR BY ACCESSING OR USING THE SERVICE OR ANY CONTENT OFFERED THROUGH THE WEBSITE AND APPLICATIONS, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS.  IF YOU DO NOT ACCEPT ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING THE SERVICE.

 

Use of the Service is also governed by the following policies, which are incorporated herein by reference:

 

• Our Privacy Policy (the “Privacy Policy”), available here: Privacy Policy.

 

We may publish additional policies related to specific services such as forums, contests, or loyalty programs.  Your use, if any, of such services is subject to such specific policies and these Terms.

 

If you are using the Service on behalf of another person or entity (the “Principal User”), then you personally represent and warrant to us that the Principal User has authorized you to act on the Principal User’s behalf and to bind the Principal User by these Terms; you hereby agree to these Terms in the name of and on behalf of the Principal User.  Except in the prior sentence, as used in these Terms (and the Privacy Policy and any other policies), “you” refers to the Principal User on behalf of whom the service is used.

 

1. Right, License and Restrictions.

1.1. Limited License.

Subject to your agreement to, and continuing compliance with, these Terms and any other relevant Company policies, we grant you a non-exclusive, non-transferable, revocable limited right and license to access and use the Service.  As used in these Terms, “Other User” means another licensee or user of the Service; “All Users” means you and all Other Users.

  1. The Website. We grant to you a non-transferable, non-exclusive, right to access and use the Services on the Website for your personal use.
  2. The Applications.  We grant to you a non-transferable, non-exclusive, right to access and use the Services via the Applications and a non-transferable, non-exclusive license to download, install and use a copy of the Applications, as made available in third party software and services not owned or controlled by us (e.g. Google Play, the Apple App Store), for your personal use.  Any use of such third party software or services is at your own risk, and may further be subject to additional or different terms and restrictions by such third parties (e.g. Apple App Store Terms of Service).  We encourage you to read and review any such third party terms and conditions, privacy policies, and/or other agreements for each third party service through which you access the Applications.

 

1.2. Minimum Age Requirement.

An individual must be at least 18 years of age to use the Service.

 

1.3. Accounts and Access.

You must register for an account (an “Account”), to use certain features of the Service.  You may only register for one Account.  “Account Holder” means the person or entity in whose name an Account is registered.  A “Third Party Account” means an Account not registered by you.

 

1.4. Use of the Service:

The following restrictions apply to the use of the Service:

 

  1. You accept full responsibility for any use of the Service through your Account whether authorized by you or not.  Additionally, you are responsible for any use of your credit card or other payment instrument (e.g. PayPal) incurred by parties using your Account;
  2. You shall not create an Account using a false identity or false information, or on behalf of someone other than yourself;
  3. You shall not use the Service to engage in any illegal conduct;
  4. You shall not rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without the Company’s written permission;
  5. You shall not reproduce, distribute or publicly display any content you access through the Service unless such content is clearly marked as “public” and you have been given the right to view such content; and
  6. You shall not do anything with any content you access through the Service that has been marked with restrictions or other instructions that is counter to such restrictions or other instructions.

 

1.5. Account Information and Management.

  1. Information Provided When Setting Up Account.  When creating or updating an Account on the Service, you are required to provide us with certain personal information about yourself, or about the individual acting on your behalf if you are a User who is not an individual, which may include (but is not limited to) personal information such as name, birth date and email address, and, in some cases, payment information (collectively, as updated from time to time, “Account Information”).  Account Information will be held and used in accordance with the Privacy Policy.  You agree that you will supply accurate and complete Account Information to us, and that you will update such information when and as it changes.
  2. Login Information.  You must select a username and password (“Login Information”) when you create your Account.  You are solely responsible for maintaining the confidentiality of the Login Information; at a minimum:
    1. You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account;
    2. In the event you become aware of, or reasonably suspect, any breach of security, including without limitation any loss, theft or unauthorized disclosure of the Login Information, you must immediately change the password on your Account and notify us;
    3. You are and will remain responsible for all activity through your Account and use of the Login Information, including any transactions entered into, whether or not authorized by you.
  3. Account Usernames.  Creating or updating an Account with a particular username will not establish any rights to use (or right to prevent another User from using) such username in connection with the Service. We reserve the right to remove or reclaim any username at any time and for any reason or no reason, including but not limited to claims by a third party that a username violates the third party’s rights.

 

1.6. Service Use Limitations and Prohibitions.

  1. General Effects of Violations.  Any use of the Service in violation of these Terms is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1, and may subject you to liability for violations of law.  We may limit or restrict use of the Service by anyone whom we reasonably believe has or will violate any applicable law in connection with using the Service.
  2. Activity Prohibitions.  You agree that you will not, under any circumstances:
    1. Engage in any act that the Company deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms;
    2. Use the Service in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
    3. Modify or cause to be modified any files or content that are used to offer the Service, without the express prior written consent of the Company;
    4. Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer, server, or network equipment used to offer or support the Service (each a “Server”) or (2) the use or enjoyment of the Service by any other person;
    5. Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service;
    6. Gain, or attempt to gain, unauthorized access to the Service, Accounts, Servers or networks connected to the Service by any means (including, but not limited to, circumventing or modifying, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Service);
    7. Post any information that is abusive, threatening, obscene, defamatory, libelous or racially, sexually, religiously or otherwise objectionable or offensive;
    8. Post any information that contains nudity, excessive violence or offensive subject matter or that contains a link to such content;
    9. Harass, abuse, harm, or advocate or incite harassment, abuse or harm of another person or group of persons, including the Company’s employees or customer service representatives;
    10. Post, distribute or make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity or other right of any person or entity or impersonates any other person;Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
    11. Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms;
    12. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server or the Service, whether through the use of a network analyzer, packet sniffer or other device;
    13. Make any automated use of the Service or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure, as we determine in our sole discretion;
    14. Bypass any robot exclusion headers or other measures we take to  restrict access to the Service or use any software, technology or device to send content or messages, scrape, spider or crawl the Service, or harvest or manipulate data from, through, or relating to the Service;
    15. Use, facilitate, create or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Service or (2) any connection using programs, tools or software not expressly approved in writing by the Company;
    16. Copy, modify or distribute rights or content from any Company site, including but not limited to content that contains or is protected by the Company’s copyrights or trademarks or use any method to copy or distribute the content of the Service, except as specifically allowed in these Terms;
    17. Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image, video, or other form), identification documents or financial information through the Service; or
    18. Upload or transmit (or attempt to upload or to transmit), without the Company’s express written permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).

 

1.7. Suspension and Termination of Account and Service:

 

  1. FAILURE TO COMPLY.  WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY, WITH OR WITHOUT NOTICE TO YOU, LIMIT, SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT OR YOUR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF, IN OUR SOLE DISCRETION, YOU FAIL TO COMPLY WITH ANY OF THESE TERMS OR YOUR ACCOUNT IS USED FOR ACTUAL OR SUSPECTED ILLEGAL ACTIVITY OR IMPROPER USE OF THE SERVICE. WE SHALL BE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR ADVERSE RESULTS THAT ARE DUE TO THE SUSPENSION, TERMINATION, MODIFICATION, OR DELETION OF YOUR OR ANY ACCOUNT.
  2. IP INFRINGEMENT.
    (i) WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SITES AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE ANY CONTENT AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT YOU ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.
  3. Right to Cease Service.  We reserve the right to stop offering and/or supporting the Service or part of the Service at any time, at which point the license granted hereunder to you to use the Service or a part thereof will automatically terminate.  We shall not be required to provide refunds, benefits or other compensation to users in connection with such cessation of the Service or any part thereof.
  4. Termination of Account.  Termination of your Account can include disabling your access to the Service or any part thereof, including disabling access to any content that you or Other Users submitted.  You agree that if your Account is terminated, we will not be obligated to preserve, provide you access to, or provide copies of any content submitted to the Service relating to your Account, whether by you or an Other User.
  5. Cancellation of Account.  You may cancel your Account at any time by following the instructions on the Service.

 

1.8. Intellectual Property Ownership in the Service.

The Service, and all of its components and contents, (including without limitation any computer code, template content, pre-populated content, concepts, artwork, animations, sounds, musical compositions, audio-visual effects and text contained within) is owned by the Company or its licensors, and all of which material is protected by United States and international patent, copyright, trademark, trade secret, and other intellectual property laws.

 

2. Booking.

2.1 Ordering and Payment Services.

 

  1. Booking. We provide the Services for the purpose of assisting Users in securing an in-home services appointment with a relevant independent service provider (“EXPERT”).  At such time that a User requests to book an appointment through the Service, we directly notify the EXPERT of the appointment request, which may be accepted or rejected by such EXPERT.  At no time shall any EXPERT be required to accept a User’s appointment request.  Standard SMS and data fees will apply when accessing or using the Service from a mobile device.
  2. Payment. In order to request an appointment via the Services, you must provide us with a valid credit card, from any issuer we then accept.  You may add, delete and edit the payment information at any time through the Service.  You hereby acknowledge that we may begin and/or cease accepting payment via a certain issuer(s) at any time, and you may be required to submit a different credit card where we cease accepting a previously accepted form of payment. By providing us with your credit card number and associated payment information, you agree that the Company, or any third-party payment processing company which we may select, is authorized to immediately charge such card immediately upon the acceptance of an appointment request by an EXPERT, and that no additional notice or consent is required to do so.  Pricing may change, at any time, without notice, provided that any change in pricing will not affect any booking made prior to such pricing change.  Prices are exclusive of all taxes, levies or duties (“Taxes”) imposed by applicable taxing authorities, and you are responsible for payment of all such Taxes.
  3. Cancellation and Refunds.  All payments made by you are non-refundable, unless either (i) we cancel your appointment, or (ii) as specified in our Cancellation Policy, set forth at Tatbeq, LLC.  You acknowledge that we are not required to provide a refund for any reason, and that you will not receive money or other compensation for unused products and services when your account is closed, whether such closure was voluntary or involuntary.

 

2.2. Promotional Codes.

We may, in our sole discretion, create promotional codes and/or referral credits that may be redeemed for Account credit, or other features or benefits related to the Services, subject to any additional terms we establish on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used in a lawful manner for the intended purpose; (ii) may not be sold, duplicated, or transferred in any manner, or made available to the general public (including, without limitation, posting to a public form or otherwise), unless we expressly so permit; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that we determine or reasonably believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of these Terms or applicable Promo Code terms.

 

2.3. Posted Content:

“Posted Content” means any information, content, communications, videos, images, sounds, and all the material, data, and information that you upload, post, publish or transmit through the Service, and any social media platform on which we have a page or account. By transmitting or submitting any Posted Content you assume all risks associated with the Posted Content and affirm, represent and warrant that such transmission or submission (a) is accurate and not confidential; (b) not in violation of any applicable law, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the Posted Content; (c) will not result in any infringement of the intellectual property rights of any third party or violate or misappropriate any rights of publicity or privacy for any third party; and (d) is free of viruses, adware, spyware, worms or other malicious code.  You further represent and warrant that you have all rights necessary to transmit Posted Content to us and to grant the rights in Posted Content granted to us under these Terms.

 

2.4. Licenses to Posted Content:

You hereby grant us a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, assignable, unlimited license and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works of, manufacture, introduce into circulation, publish, distribute, sublicense, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your Posted Content as well as all modified and derivative works thereof.  We will only exercise the rights granted in this Section 2.3 to offer or to facilitate the offering of Services.  To the extent permitted by applicable laws, you hereby waive any moral rights or any of your rights of publicity or privacy you may have in any Posted Content.  We will cease any further public display or distribution of any Posted Content if you use the features of the Service that permit you to indicate that certain Posted Content is to no longer be displayed or distributed to Other Users except we retain the right to display or distribute any Posted Content as necessary for us to fulfill legal duties or in connection with bringing or defending any legal claims or actions that may arise now or in the future.

 

2.5. User Ratings.

In order to promote the exchange of information about Users, our Service may permit you to rate the performance of EXPERT(s) you book, and vice versa, and you consent to such ratings being published and calculated through the Service.  We may remove or not process any ratings if we believe that such ratings may be fraudulent or invalid.

 

2.6. Release For Disputes.

You hereby release us, and our officers, directors, agents, subsidiaries, joint ventures and employees, from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute that arises between you and any EXPERT or other User.  If you are a California resident, you acknowledge that you are aware of, understand, and waive any rights you may have under the provisions of California Civil Code Section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

 

3. Third Party Advertising.

3.1. Third Party Advertisements.

You understand that the Service may feature advertisements from us or third parties.  The Privacy Policy addresses our disclosure of information for third party advertising.

 

3.2. Links to Third Party Sites and Dealings with Advertisers.

We may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving a benefit.  Any charges or obligations you incur in your dealings with these third parties are your responsibility.  We make no representation or warranty regarding any content, goods, or services provided by any third party even if linked from our Service, and we will not be liable for any claim relating to any third party content, goods, or services.  The linked sites are not under our control and may collect data or solicit personal information from you.  We are not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.  Further, the inclusion of any link does not imply our endorsement of these linked sites

 

4. Copyright Notices; Complaints.

If you believe any materials, content on the Website, Applications or otherwise contained in the Services infringes upon your copyright, we have procedures in place for receiving written notification of claimed infringements and for processing such claims in accordance with the Digital Millennium Copyright Act (“DMCA”).  All claims of copyright infringement and/or defamation must be delivered to us in a written complaint that complies with the requirements below and delivered to our designated agent to receive notification of claimed infringement by certified or registered mail:

 

Tatbeq, LLC

325 Wilshire Blvd., 2nd Floor

Santa Monica, CA 90401

Attn:  Copyright Agent

 

To be effective, each notice must be in writing and contain the following information: (i) A physical or electronic signature of a person authorized to act on behalf of (a) the owner of an exclusive right that is allegedly infringed or (b) the person defamed; (ii) A description of the copyrighted material claimed to have been infringed upon; (iii) A description of the location of the allegedly infringing material reasonably sufficient so as to enable us to identify and locate the potentially infringing material; (iv) A statement that you have a good faith belief that use of the material, in the manner complained of, is not authorized by the copyright or other proprietary right owner, its agent, or under the law; and (v) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon or on behalf of the person defamed.  We reserve the right to terminate without notice any user’s access to the Service if that user is determined by us to be a “repeat infringer.”  In addition, we accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials.

 

5. Updates to the Service.

You understand that the Service undergoes frequent changes.  We may require that you accept updates to the Service in order to continue using the Service.  You acknowledge and agree that we may update the Service without notifying you.  You Further Acknowledge That Certain Features Of The Service May Be Altered Or Discontinued At Any Time If We Reasonably Believes That Such Alteration Or Discontinuance Is Necessary To Be In Compliance With Applicable Law.

 

6. Disclaimer; Limitations; Waivers on Liability; Indemnification.

6.1. Disclaimer of Warranties.

  1. Service Provided “As Is”.  You Expressly Agree That Use Of The Service Is At Your Sole Risk And Is Provided On An “As Is” Basis Without Warranties Of Any Kind, Either Express Or Implied, Including, But Not Limited To Warranties Of Title Or Implied Warranties Of Non-infringement, Merchantability Or Fitness For A Particular Purpose (Except Only To The Extent Prohibited Under Applicable Law With Any Legally Required Warranty Period The Shorter Of Thirty (30) Calendar Days From First Use Or The Minimum Period Required).
  2. No Warranty Of Error-free Operation.  Without Limiting The Foregoing, Neither We Nor Our Affiliates Or Subsidiaries, Or Any Of Their Directors, Employees, Agents, Attorneys, Third-party Content Providers, Distributors, Licensees Or Licensors (Collectively, “Company Parties”) Warrant That The Service Will Be Uninterrupted Or Error-free.
  3. No Warranty Regarding Access To Accounts And Content.  We Do Not Warrant That All Content Or Information Posted By A User Will Remain Available At All Times Or Will Never Be Deleted, Corrupted Or Otherwise Unavailable. We Do Not Warrant That The Service, Account Holder Information Or Any Information Posted By An User Will Be Kept From Any Particular Individual Who Either Hacks Or Engages In Unauthorized Access To Such Content Or Information Or Is Mistakenly Granted Access By Us Or Through The Service.
  4. No Warranty Regarding EXPERT Qualifications.  We Do Not Warrant And Disclaim Any And All Responsibility Or Liability For An EXPERT’s Failure To Obtain Or Maintain Any Licenses And/Or Permits, Or Lack Of Experience Or Qualification Necessary To Provide Any Services You May Request And/Or Book.

 

6.2. Limitations; Waivers Of Liability.

  1. Disclaimer Of Indirect Damages.  You Acknowledge And Agree That, To The Fullest Extent Permitted By Any Applicable Law, The Disclaimers Of Liability Contained Herein Apply To Any And All Damages Or Injury Whatsoever Caused By Or Related To Use Of, Or Inability To Use, The Service Under Any Cause Or Action Whatsoever Of Any Jurisdiction, Including, Without Limitation Actions For Breach Of Warranty, Breach Of Contract Or Tort (Including Negligence) And That The Company Parties Shall Not Be Liable For Any Indirect, Incidental, Special, Exemplary Or Consequential Damages In Any Way Whatsoever Arising Out Of The Use Of, Or Inability To Use, The Service.
  2. Not Responsible For Third Party Conduct.  You Further Specifically Acknowledge That The Company Parties Are Not Liable, And You Agree Not To Seek To Hold The Company Parties Liable, For The Conduct Of Third Parties, Including EXPERTs Or Users Of The Service And Operators Of External Sites, And That The Risk Of The Service And External Sites And Of Injury From The Foregoing Rests Entirely With You.  Further, You Expressly Waive And Release Us From Any And All Liability, Damages, And Claims Arising From EXPERTs You Engage Or Encounter Through The Use Of The Service, Whether During The Course Of EXPERTs’ Performance Of Services Or Otherwise.  You Expressly Acknowledge That We Owe You No Duty Of Care And We Assume No Responsibility Or Liability For Breach Of Any Duty Of Care Owed To You By EXPERTs.
  3. Monetary Limitation Of Liability.  Under No Circumstances Will The Company Parties Be Liable To You For More Than The Amount You Have Paid Us In The One Hundred Eighty (180) Calendar Days Immediately Preceding The Date On Which You First Assert Any Such Claim.  Why 180 Days?  What Is The Reason?

 

6.3. Indemnification.

You Agree To Defend, Indemnify, Save, And Hold The Company Parties Harmless From Any Claims, Losses, Damages, Liabilities, Including Legal Fees And Expenses, Arising Out Of Your Use Or Misuse Of The Service, Any Violation By You Of These Terms Or Any Breach Of The Representations, Warranties And Covenants Made By You Herein.  We Reserve The Right, At Your Expense, To Assume The Exclusive Defense And Control Of Any Matter For Which You Are Required To Indemnify Us And You Agree To Cooperate With Our Defense Of These Claims.  We Will Use Reasonable Efforts To Notify You Of Any Such Claim, Action Or Proceeding Upon Becoming Aware Of It.  You Agree That The Provisions In This Paragraph Will Survive Any Termination Of Your Account Or Of The Service.

 

7. Dispute Resolution.

7.1. General.

If A Dispute Arises Between You And Us, Our Goal Is To Provide You With A Neutral And Cost Effective Means Of Resolving The Dispute Quickly.  Accordingly, You Agree That We Will Resolve Any Claim Or Controversy At Law Or Equity (A “Claim”) That Arises Out Of These Terms, The Service, Or Any Products Or Services Provided By Us In Accordance With One Of The Subsections Below Or As We And You Otherwise Agree In Writing.  Before Resorting To These Alternatives, We Strongly Encourage You To First Contact Us Directly To Seek A Resolution By Going To Customer Support.  We Will Consider Reasonable Requests To Resolve The Dispute Through Alternative Dispute Resolution Procedures, Such As Mediation Or Consumer Arbitration, As Alternatives To Litigation.  Other Than Those Matters Listed In Section 7.2, You Agree To Seek Resolution Of The Dispute Only Through Consumer Arbitration Of That Dispute In Accordance With The Terms Of This Section 7, And Not Litigate Any Dispute In Court. Consumer Arbitration Means That The Dispute Will Be Resolved By A Neutral Arbitrator Instead Of In A Court By A Judge Or Jury.

 

7.2. Exclusions From Arbitration.

You And The Company Agree That Any Claim Filed By You Or By The Company In Small Claims Court Or By Us Related To Protection Of Our Or Any Company Licensor’s Intellectual Property Are Not Subject To The Arbitration Terms Contained In This Section 7.

 

7.3. Right To Opt Out Of Binding Arbitration And Class Action Waiver Within 30 Days.

If You Do Not Wish To Be Bound By The Binding Arbitration Provision And Class Action Waiver In This Section 8, You Must Notify Us In Writing Within Thirty (30) Days Of The Date That You First Accept This Agreement. Your Written Notification Must Be Mailed To The Company Via Registered Or Certified Mail, Attn: Terms Administrator, And Must Include: (1) Your Name, (2) Your Address, (3) Your Username, And (4) A Clear Statement That You Do Not Wish To Resolve Disputes With The Company Through Arbitration.

 

7.4. Class Action Waiver.

Any Dispute Resolution Proceedings, Whether In Arbitration Or Court, Will Be Conducted Only On An Individual Basis And Not In A Class Or Representative Action Or As A Named Or Unnamed Member In A Class, Consolidated, Representative Or Private Attorney General Action, Unless Both You And The Company Specifically Agree To Do So In Writing Following Initiation Of The Arbitration.

 

7.5. Initiation Of Arbitration Proceeding; Selection Of Arbitrator.

If You Or The Company Elect To Resolve Your Dispute Through Arbitration, The Party Initiating The Arbitration Proceeding Must Initiate It With The American Arbitration Association (“Aaa”). The Terms Of This Section 8 Govern In The Event They Conflict With The Rules Of The Arbitration Organization Selected By The Parties.  I Don’t Have These Rules In Front Of Me Now. But You Want To Use The Consumer Arbitration Rules Of The Aaa, Not The Commercial Rules. Consumer Arb Is Much Faster And More Limited.  The Aaa Rules Are On Line.  If You Want Me To Dig Deeper Into That, Let Me Know.

 

I Just Saw The Next Page.  You Are Good.  You Did Differentiate Between Consumer And Commercial.  We Are On The Same Page.

 

7.6. Arbitration Procedures.

You And The Company Agree That The Service, And Products And Services Offered Through Or In Connection With The Service, Involve Interstate Commerce.  The Federal Arbitration Act (“Faa”) Governs The Arbitrability Of All Disputes And Any Arbitration Conducted Pursuant To These Terms.  However, Applicable Federal Or State Law May Also Apply To The Substance Of Any Disputes.  For Claims Of Less Than $75,000, The Aaa’s Consumer Arbitration Rules  Shall Apply; For Claims Over $75,000, The Aaa’s Commercial Arbitration Rules And Relevant Fee Schedules For Non-class Action Proceedings Shall Apply.  The Aaa Rules Are Available At Www.Adr.Org Or By Calling 1-800-778-7879.  Further, If Your Claims Do Not Exceed $75,000 And You Provided Notice To, And Negotiated In Good Faith With, The Company As Described Above, And If The Arbitrator Finds That You Are The Prevailing Party In The Arbitration, You Will Be Entitled To Recover Reasonable Attorneys’ Fees And Costs As Determined By The Arbitrator, In Addition To Any Rights To Recover The Same Under Controlling State Or Federal Law Afforded To The Company Or You. The Arbitrator Will Make Any Award In Writing But Need Not Provide A Statement Of Reasons Unless Requested By A Party.  Such Award Will Be Binding And Final, Except For Any Right Of Appeal Provided By The Faa, And May Be Entered In Any Court Having Jurisdiction Over The Parties For Purposes Of Enforcement.

 

7.7. Location Of Arbitration.

You Or The Company May Initiate Arbitration In Either Los Angeles County, California Or The County In Which You Reside.  If You Initiate Arbitration In The County Of Your Residence, The Company May Transfer The Arbitration To Los Angeles County, California Provided That We Agree To Pay Any Additional Fees Or Costs You Incur As A Result Of The Change In Location, As Determined By The Arbitrator.

 

7.8. Severability.

If Any Clause Within This Section 7 (Other Than The Class Action Waiver Clause Of Section 7.4) Is Found To Be Illegal Or Unenforceable, That Clause Will Be Severed From This Section 7 And The Remainder Of This Section 7 Will Be Given Full Force And Effect.  If The Class Action Waiver (Section 7.4) Clause Is Found To Be Illegal Or Unenforceable, This Entire Section 7, Except For This Section 7.8, Will Be Unenforceable And The Dispute Will Be Decided By A Court And In That Instance, You And The Company Each Waive And Agree To Waive Any Right To Trial By Jury, To The Extent Allowed By Law.

 

7.9. Survival.

This Section 7 Shall Survive Any Termination Of The Terms.

 

 

8. General Provisions.

8.1. Updates to the Terms and Privacy Policy.

  1. Right To Update.  We Reserve The Right, At Our Discretion, To Change, Modify, Add Or Remove Portions Of These Terms And Our Privacy Policy At Any Time By Posting The Amended Terms Or Privacy Policy Through The Service.  You May Also Be Given Additional Notice, Such As An Email Message Or Messaging Within The Service, Of Any Changes.  You Will Be Deemed To Have Accepted Such Changes By Continuing To Use The Service.  Except As Otherwise Stated, All Amended Terms Shall Automatically Be Effective Thirty (30) Calendar Days After They Are Initially Posted.  We May Also Revise Other Policies, Codes Or Rules At Any Time And The New Versions Will Be Available On The Website, Or In The Service.  No Amendment To The Terms Or Privacy Policy Shall Apply To Any Dispute Of Which We Had Actual Notice Before The Date Of The Amendment.
  2. Seeking Consent.  If We Revise These Terms Or The Privacy Policy And Seek Your Consent To Be Bound By Such Revised Terms Or Revised Privacy Policy And You Do Not Agree To Be Bound By Such Revised Terms Or Revised Privacy Policy Before Using The Service Again, Then Notwithstanding Anything To The Contrary, We Reserve The Right To Terminate Your Account And Use Of The Service.
  3. Disagreement With Terms.  If At Any Time You Do Not Agree To Any Provision Of The Then-current Version Of Our Terms, The Privacy Policy Or Any Other Company Policy, Rule Or Code Of Conduct Relating To Your Use Of The Service, Your Right To Use The Service Will Immediately Terminate, And You Must Immediately Stop Using The Service.
  4.  conflict.  To The Extent These Terms Or The Privacy Policy Conflict With Any Other Company Terms, Policy, Rule, Or Code Of Conduct, The Provisions Of These Terms And The Privacy Policy Will Prevail.

 

8.2. Severability.

If Any Provision Of These Terms Or The Privacy Policy Is Found Invalid, Illegal, Or Unenforceable, In Whole Or In Part, By Any Court Of Competent Jurisdiction, Such Provision Will, As To Such Jurisdiction, Be Ineffective Solely To The Extent Of Such Determination Of Invalidity, Illegality, Or Unenforceability Without Affecting The Validity, Legality, Or Enforceability Thereof In Any Other Manner Or Jurisdiction And Without Affecting The Remaining Provisions Of The Terms, Which Will Continue To Be In Full Force And Effect.

 

8.3. Assignment.

We May Assign Any Of Its Rights Or Delegate Any Of Its Obligations Under These Terms, In Whole Or In Part, To Any Person Or Entity At Any Time Without Your Consent.  You May Not Assign Or Delegate Any Rights Or Obligations Under The Terms Without Our Prior Written Consent; Any Purported Assignment Or Delegation In Violation Of This Section

 

8.4. Entire Agreement.

These Terms, Together With Any Supplemental Policies, The Privacy Policy, And Any Other Documents Expressly Incorporated By Reference Herein, Contain The Entire Agreement Between The Company And You With Respect To The Subject Matter Hereof And Supersede All Prior And Contemporaneous Understandings, Agreements, Representations And Warranties Of The Parties Hereto Relating To The Subject Matter Hereof, Whether Electronic, Oral Or Written, Or Whether Established By Custom, Practice, Policy Or Precedent.

 

8.5. No Waiver.

The Failure Of The Company To Require Or Enforce Strict Performance By You Of Any Provision Of These Terms Or The Privacy Policy Or Failure To Exercise Any Right Under Them Shall Not Be Construed As A Waiver Or Relinquishment Of Our Right To Assert Or Rely Upon Any Such Provision Or Right In That Or Any Other Instance.  The Express Waiver By The Company Of Any Provision, Condition Or Requirement Of These Terms Or The Privacy Policy Shall Not Constitute A Waiver Of Any Future Obligation To Comply With Such Provision, Condition Or Requirement.  Except As Expressly And Specifically Set Forth In These Terms, No Representations, Statements, Consents, Waivers Or Other Acts Or Omissions By The Company Shall Be Deemed A Modification Of These Terms Nor Legally Binding, Unless Documented In Physical Writing, Hand Signed By You And A Duly Appointed Officer Of The Company.

 

8.6. Notices.

We May Notify You Via Postings On The Website And Via Email Or Any Other Communications Means Through Contact Information You Provide To Us.  All Notices Given By You Or Required From You Under These Terms Or The Privacy Policy Shall Be In Writing And Sent Via Certified Or Registered Mail And Addressed To The Address In This Section 8.6.  Any Notices That You Provide Without Compliance With This Section 8.6 Shall Have No Legal Effect.

 

Tatbeq, LLC

325 Wilshire Blvd., 2nd Floor

Santa Monica, CA 90401

Attn:  Terms Administrator

 

8.7. Equitable Remedies.

You Acknowledge That The Rights Granted And Obligations Made Under These Terms To The Company Are Of A Unique And Irreplaceable Nature, The Loss Of Which Shall Irreparably Harm Us And Which Cannot Be Replaced By Monetary Damages Alone, So That We Shall Be Entitled To Injunctive Or Other Equitable Relief (Without The Obligations Of Posting Any Bond Or Surety Or Proof Of Damages) In The Event Of Any Breach Or Anticipatory Breach By You.  You Irrevocably Waive All Rights To Seek Injunctive Or Other Equitable Relief, Or To Enjoin Or Restrain The Operation Of The Service, Exploitation Of Any Advertising Or Other Materials Issued In Connection Therewith, Or Exploitation Of The Service Or Any Content Or Other Material Used Or Displayed Through The Service And Agree To Limit Your Claims To Claims For Monetary Damages, Limited By Section 6.2.

 

8.8. Force Majeure.

We Shall Not Be Liable For Any Delay Or Failure To Perform Resulting From Causes Outside The Reasonable Control Of The Company, Including Without Limitation Any Failure To Perform Hereunder Due To Unforeseen Circumstances Or Cause Beyond The Company’s Control, Such As Acts Of God, War, Terrorism, Riots, Embargoes, Acts Of Civil Or Military Authorities, Fire, Floods, Accidents, Strikes, Shortages Of Transportation Facilities, Fuel, Energy, Labor Or Materials.

 

8.9. Choice of Law.

These Terms And The Privacy Policy Shall Be Governed By The Laws Of The State Of California Notwithstanding Its Conflict Of Laws Provisions.

 

 

 

 

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