Terms of Service
Terms and Conditions
Last Revised: 5/6/2022
The website located at https://logistimatics.com/, (the “Website”) is published, owned, and operated by Logistimatics, Inc. (collectively with its subsidiaries, affiliates and related entities “Company,” “the Company,” “we,” “us,” and “our”). These Terms and Conditions (the “Terms”) govern your access to and use of the Website, including any content, functionality, and the purchase of services or products offered on or through the Website.
These Terms include an arbitration clause. Please read the Terms carefully before you start to use the Website.
By accessing, browsing, submitting an order or other information to and/or using the Website, you agree and acknowledge on your own behalf (referred to throughout the Terms as “you”) that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. If you do not agree to these Terms, please do not use the Website.
Purpose of the Website. The Website is provided for informational purposes, enabling communication between you and the Company, and the marketing and sales of our line of GPS tracking products (collectively, “Products”). The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our Products or services.
Use of the Website. The Company grants you a non-exclusive right to access and use the Website and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Website shall be limited to non-commercial purposes unless you are otherwise expressly authorized by the Company to use the Website for your own commercial purposes. You agree to use the Website only for lawful purposes, comply with all rules governing any transactions on and through the Website and comply with applicable laws.
Orders. Orders will be initiated when you submit an order on the Website. By placing an order, you affirm that you are legal age to enter into a binding agreement for Company Products, and acknowledge that you are bound by these Terms. You may not order from this Website if you (a) do not agree to these Terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with the Company, or (c) are prohibited from accessing or using this Website by applicable law.
If you wish to purchase any Products available through our Website, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address and your shipping information. You represent and warrant that you have the legal right to use any payment cards or other payment methods utilized in connection with any transaction. By submitting such information, you grant Company the right to provide such information to third parties for the purposes of facilitating the order initiated by you or on your behalf.
You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the prices in effect as of the time the order is placed, including, without limitation, all shipping and handling charges, and you authorize us to charge all sums for the orders that you submit to the payment method specified at the time of order.
All orders must identify, at a minimum, the specific Products, unit quantities and requested delivery dates. All orders are subject to the Company’s acceptance, and we reserve the right to limit quantities and to refuse to deal with any person at our sole discretion.
Prices and Taxes. All prices are subject to change without notice. Orders are billed at the prices in effect at the time the order is placed, and all prices are shown in U.S. dollars. Additionally, if you purchase a subscription from us, your subscription may renew and continue to be active until you decide to cancel the subscription.
Please visit our Tracking Service Page for current subscription pricing.
Company reserves the right, in its sole discretion, to offer a volume discount based on the quantity of products purchased in a single transaction. Volume discount pricing is further subject to product availability, and quantity limits may apply. Please contact us directly at email@example.com to inquire about volume discount pricing. As applicable, if you do not purchase the quantity upon which quantity prices are based or as otherwise agreed with the Company, you will pay the non-discounted price for the quantity actually purchased and/or a cancellation fee.
Export orders may be subject to special pricing.
List prices do not include any federal, state or local duties, excise, sales, use or other taxes, tariffs or duties (collectively, “Taxes”) that may apply to Products. You are responsible for paying all taxes associated with your purchase hereunder. If the Company has the legal obligation to pay or collect Taxes for which you are responsible, you will pay that amount unless you provide us with a valid tax exemption certificate authorized by the applicable taxing authority. In connection therewith, you will indicate which products are tax exempt when you place any order.
SUBSCRIPTION/CANCELLATION. IF YOU PURCHASE A SUBSCRIPTION FROM US, YOUR SUBSCRIPTION MAY RENEW AND CONTINUE TO BE ACTIVE UNTIL YOU DECIDE TO CANCEL THE SUBSCRIPTION. UNLESS WE NOTIFY YOU OTHERWISE, YOUR RECURRING CHARGE WILL BE THE SAME PRICE AS YOUR INITIAL PURCHASE/CHARGE. THE RECURRING PRICE IS SUBJECT TO CHANGE AT OUR SOLE DISCRETION. WE WILL NOTIFY YOU DIRECTLY AND/OR POST A NOTICE ON OUR WEBSITE OF ANY CHANGE IN OUR SUBSCRIPTION OR RENEWAL PRICES. TO FIND YOUR RECURRING CHARGE AND THE LENGTH OF YOUR RENEWAL TERM, PLEASE LOGIN TO YOUR ACCOUNT OR CONTACT US DIRECTLY.
Product Information. Information about our Products is provided on our Website for illustrative and informational purposes and despite our best efforts, occasional typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, specifications and/or availability (see Product Availability below for more detail) may occur. Accordingly, we do not guarantee the accuracy or completeness of any product information on our Website. We reserve the right to correct or update our Website with respect to Products at any time without prior notice (including after you have submitted an order). If you do not wish to continue your purchase after pricing or other product information has been corrected, please contact us right away.
Product Availability. Product availability on our Website is not guaranteed as it may be low in stock or otherwise unavailable due to reasons beyond our control. If any selected Product is not available at the time your order processes, we will notify you of this via email. You will receive a shipping confirmation email once your products have shipped.
Delivery and Title. All shipments from the Company are FOB point of shipment from our facility and the amount of all shipment charges will be paid by you in addition to the purchase prices of the Product, unless otherwise provided by the Company, in its sole discretion. Selection of the carrier and delivery route will be at Company’s option. We will use commercially reasonable efforts to initiate shipment and deliver Products as close as possible to the estimated delivery date(s). In the event of any rescheduled delivery which is initiated by you, we may increase delivery fees commensurate with any increase in Company’s prices and costs, without prior notice to you of the same. Notwithstanding any of the above, you acknowledge that we do not maintain direct control of shipment and delivery and that any shipment and delivery dates provided by us are estimates only. Company will not be liable for any failure to adhere to estimated delivery dates.
Delivery to a carrier will constitute delivery to you, and risk of loss of or damage to the Products will pass to you at this point. If the Products are damaged in transit, your only recourse is to file a claim with the carrier. Title to the Products shall remain with the Company until payment in full is received. Upon request and as available, and at all times at our discretion, Products may be invoiced and held by Company at your risk and expense.
Cancellations; Returns; Refunds. All of our Products include a 30-day, no questions asked return policy starting as of the date you place your order. All returned Products must be in good condition and include the original packaging. Products returned without original packaging are subject to a 10% restocking fee. We will refund your order after -we have received the returned Product. You acknowledge that when the 30-day grace period has expired, an order cannot be cancelled nor a Product returned without Company’s express written authorization. If you receive such authorization, the Products must be sent freight prepaid to the Company, accompanied by date of purchase. At our discretion, a restocking charge of 20% of the invoice value of the returned Product may be charged. All decisions of the Company regarding cancellations, returns and refunds are final.
Limited Warranty. Company warrants that the Products will materially conform with instruction manuals, user guides and/or other product informational materials which are provided by or otherwise made available (online or otherwise) by Company for a period of 30 days from the date of purchase. In the event of any breach of the foregoing warranty, Company agrees to make all necessary repairs, or replace the affected Products, without additional cost to you. You may also, at your option, elect to return the Product within the warranty period and receive a full refund on the non-conforming Product.
This warranty does not apply in the event of any damage or non-conformity which is caused by misuse, attempted or unauthorized repair, modification or improper installation, abuse, connection of the Product to an improper voltage supply or reception or transmission problems caused by inadequate or improper antenna.
EXCEPT AS OTHERWISE SET FORTH HEREIN ABOVE, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE RELATED TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Force Majeure. Company will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control, including, but not limited to, Product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, government priorities, fire, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine or other governmental restrictions, riots, or war. The time for delivery or performance will be extended by the period of such delay or Company, at our sole option, may cancel any order or remaining part thereof without liability by giving you prior notice.
Export Controls. Products purchased may be subject to export control laws, restrictions, regulations and orders of the United States. You agree to comply with all applicable export laws, or transfer for the purpose of re-export, any product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such United States or foreign law or regulation. You represent and warrant that you are not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and it’s not otherwise prohibited by law from purchasing the Products. If applicable, you shall be responsible for obtaining any required license to export, re-export or import.
User Account Responsibility. In order to use certain of our Products and related services, you may be required to establish an account (“Account”). You agree to provide us with accurate and complete Account information and detail, as required, and to keep it up to date. You are responsible for maintaining the confidentiality and security of your Account, including all of your passwords. You are responsible for all activities that occur under your Account and you agree to notify the Company immediately of any unauthorized use of your Account. The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your Account or your password.
Prohibited Uses. You agree that you will not:
- Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of it;
- Attempt to gain unauthorized access to any Account, computer systems or networks associated with the Products, the Company or the Website;
- Obtain or attempt to obtain any materials or information through the Website by any means not intentionally made available or provided by the Company;
- Use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
- Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Third-party Applications. You acknowledge that your access and use of any third-party applications or software on our Website and Content, such as a chat window provided by Zendesk, (the “Third-party Applications”) is at your discretion and risk, and the Company has no liability to you arising from your use of the Third-party Applications. The Company hereby disclaims any representation, warranty, or guaranty regarding the Third-party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and you agree to indemnify and hold the Company harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third-party Applications.
Intellectual Property Notices. The Website and Content are protected by copyrights, trademarks, or are subject to other proprietary rights and you have no ownership interests therein. You likewise have no right, title or interest in or to the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or similar intellectual property or proprietary rights associated with our Products (“Product IP”). Accordingly, you are not permitted to copy or use any such Product IP other than in connection with the use of such Product as contemplated herein, and you may not use the Website or Content in any manner, except as expressly permitted by the Company in these Terms. The Website or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of the Company or the applicable owner.
Your Content. Any Content you create or own or to which you have a license and use on the Website is Your Content. In sharing Your Content on the Website, you warrant and represent you have the legal right to use Your Content and grant the Company an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use Your Content in providing any Website services as described in these Terms and in any posted policies on the Website. The Website services may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require our Company systems to access, store, and scan Your Content. You may also be able to share Your Content with others, so please think carefully about what you share.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Website. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, the Company or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Questions regarding the use of any intellectual property provided on the Website should be directed to firstname.lastname@example.org.
Location of Company’s Services. The Company is based in the state of North Carolina in the United States. The Company provides this Website for use only by persons located in Canada, Mexico and the United States. We make no claims that the Website or any of its contents are accessible or appropriate in any other jurisdiction. Access to the Website may not be legal by certain persons or in certain countries.
Disclaimer. EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED IN THESE TERMS, ALL INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED BY THE COMPANY TO YOU VIA THE WEBSITE ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE COMPANY AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE PRODUCTS, THE WEBSITE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER THE COMPANY NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. THE COMPANY FURTHER MAKES NO WARRANTY THAT THE WEBSITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE COMPANY, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE WEBSITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR THE CONTENT IS TO CEASE YOUR USE OF THE WEBSITE AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO ANY OF THE PRODUCTS, THE WEBSITE, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE PRODUCTS OR THE WEBSITE OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE WEBSITE, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF THE COMPANY OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE WEBSITE SUBJECT TO THESE TERMS, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”
If this limitation of liability is found to be invalid or unenforceable for any reason, in whole or in part, then the aggregate liability for all claims under such circumstances shall not exceed the amount paid by you to Company through the Website during the twelve (12) month period immediately preceding the claim giving rise to such liability.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any certain warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Indemnity. You agree to defend, indemnify and hold harmless the Company and its affiliates, directors, officers, employees and/or agents (collectively, “Company Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) that may be incurred by any of the Company Indemnitees arising out of or relating to Your Content, your violation of these Terms, your misuse of the Products, any damages or injury to physical property or individual persons arising out of or in connection with the use or misuse of the Products, or your violation of any applicable laws, rules or regulations in connection with the Website or Products. You agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against any of the Company Indemnitees, that you will pay for the defense thereof, including reasonable attorneys’ fees and costs. Notwithstanding any of the foregoing, Company reserves the right to assume the exclusive defense and control of any proceeding that relates to the Company, the Products, or any aspects thereof, whether or not subject to indemnification hereunder, and in such case you will cooperate fully with Company in our defense thereof.
Termination and Restriction of Access. In its sole discretion, the Company may terminate or suspend your access to the Website for any reason or no reason at all, including, but not limited to, your breach of these Terms. The Company shall not be liable for any losses or damages arising from any such termination of service.
Agreement to Arbitrate and Waiver of Class Action Claims.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
If a dispute arises, our goal is to provide you a neutral and cost-effective means to resolve it quickly. Most disputes can be resolved informally. Before filing a claim against us, you agree to try to resolve the dispute by contacting us via email at email@example.com. Before we file a claim against you, we agree to contact you at the email address associated with your Account, or by the means otherwise provided by you. If the dispute is not resolved within 30 days of notice, either you or we may bring a formal proceeding pursuant to the following procedures:
- GENERAL. YOU AGREE THAT YOU AND COMPANY WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO COMPANY OR YOUR USE OF OUR PRODUCTS AND/OR SERVICES, INCLUDING THESE TERMS (collectively, “ARBITRAL CLAIMS”), with a few exceptions set forth below. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration.
ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT. YOU UNDERSTAND THAT ABSENT THIS MANDATORY PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
- ARBITRATION SERVICES AND RULES. The American Arbitration Association (“AAA”) will administer the arbitration using the AAA procedures and rules in effect on the date the Arbitration is filed (“AAA Rules”). In the event the AAA Rules are inconsistent with this Agreement to Arbitrate, this Agreement will prevail. AAA is independent from us, and you may obtain copies of the current AAA Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting AAA at 150 N Michigan Ave #3050, Chicago, IL 60601 or http://adr.org.
- LOCATION OF ARBITRATION. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules, and any in-person hearing will be held in Greensboro, NC, or any other location you and we mutually agree to.
- EXCEPTIONS TO ARBITRAL CLAIMS. Either you or we may bring claims to enforce intellectual property rights, or in response to any allegations or charges of criminal activity, without first engaging in arbitration or the informal dispute resolution described in this section.
- CLASS ACTION WAIVER. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH US THAT NEITHER YOU NOR WE WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR WE WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- NO RIGHT TO JURY TRIAL. YOU AND COMPANY ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL EVEN IF THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.
- 30 DAY OPT OUT RIGHT. You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth herein by sending written notice of your decision to opt-out by email to firstname.lastname@example.org. For new users, the notice must be sent within 30 days of registering with Company, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt-out, you shall be bound to the terms in this section. If you choose to opt-out, we will also not be bound
Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to these Terms, our Products or the Website must be commenced within six (6) months, unless a greater period is required in accordance with applicable laws, after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Governing Law & Jurisdiction. Except to the extent preempted by the Federal Arbitration Act (“FAA”), these Terms are governed by the laws of the State of North Carolina without regard to conflict of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Guilford County, North Carolina, in all disputes arising out of or relating to these Terms.
Changes to these Terms. The Company may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by the Company. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Website after any such change is communicated shall constitute your consent to such change(s).
General. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Website. You may not assign these Terms without the prior written consent of the Company in all instances. The Company may assign these Terms, in whole or in part, at any time. The Company’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
Company Contact Information. Questions can be directed to the Company at: email@example.com