Terms of Use Agreement
Terms of Use Agreement
Effective as of: Nov 26, 2024
Welcome to Cubicon, an online service designed and offered by 326 LAB - FZCO for our customers. This Agreement explains our obligations as a service provider and your obligations as a User of Cubicon or our Services, as those terms are defined below. If you are under the age of 13, you may not use Cubicon or its Services. Capitalized or italicized terms used throughout this Agreement will have the meanings specified herein, including the defined terms contained in the “Definitions” section below.
It is important that you read this agreement carefully.
This Agreement includes a binding mutual arbitration provision (“Arbitration”) in Section N, which requires that disputes be resolved through individual arbitration.
By using Cubicon, creating, or accessing your Cubicon account, including by signing in with a third-party service or partner (such as Google), or by otherwise using the Services we offer, you are agreeing to be bound by the Agreement without any modification or qualification.
If you are dissatisfied with the agreement, our rules, policies, guidelines or practices, or our operation of the Cubicon website, Cubicon app or the Services, your sole and exclusive remedy is to discontinue using the Cubicon website, Cubicon app and/or our Services, unless another remedy is expressly set out in this agreement.
If for any reason you are unable to meet all the conditions set forth in this Agreement or if you breach this Agreement, your permission to access or use our Services, any materials downloaded or printed by you, and Cubicon immediately lapses.
Definitions
In addition to the terms defined elsewhere in this Agreement, the terms below will have the following meanings as used throughout this Agreement.
“Additional User(s)” means Persons, other than a Business Owner’s employees, such as independent contractors or agents of the Business Owner, who are authorized to access certain parts of Cubicon on behalf of the Business Owner.
“Agreement” refers to this Terms of Use Agreement, any applicable Specific Additional Service Terms, and any posted rules, policies, or guidelines applicable to Cubicon or the Services, all of which are incorporated by reference.
"Authorized User(s)” means a Business Owner’s employees and Additional Users who are authorized to access Cubicon and use the Services on behalf of the applicable Business Owner.
“Business Owner” means any Person who maintains an account with us through which that Person or its Authorized Users access Cubicon or use the Services.
“Law(s)” means any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree, other requirement, or rule of law of any federal, state, local, provincial, or foreign government or political subdivision thereof, or any arbitrator, court, or tribunal of competent jurisdiction.
"Person" means an individual (including a sole proprietor), corporation, partnership, joint venture, limited liability company, governmental authority, unincorporated organization, trust, association, or other entity.
“Service” and “Services” mean our online financial services and other small business–related services, our Support, and any Additional Services we offer through Cubicon website and Cubicon mobile app from time to time.
“Site” means this website (cubicon.app), all related webpages, but does not include any third-party websites which are linked to or may link from the Site whether or not such third-party websites are used in connection with the Services.
“Support” means any technical support and assistance we provide to Users.
“User(s)” means any Business Owner, Authorized User, or other Person who visits, accesses, or uses Cubicon or the Services.
“Cubicon” means the Site and all mobile applications or any other software or applications that are associated with the Site or Services.
“326 LAB - FZCO”, “we”, “us” and “our” each mean 326 LAB - FZCO and its applicable subsidiaries that assist in providing Cubicon or the Services.
“You” and “your” means any Person who visits the Site or uses Cubicon or the Services, whether such a Person is a Business Owner, Authorized User, or other User.
General
1. License Grant
326 LAB - FZCO provides you with a limited, non-exclusive, and non-transferable license to use Cubicon, its Services, and related resources for your business purposes under the terms of this Agreement. You agree not to violate our intellectual property rights or those of any third parties associated with us and to adhere to any relevant licensing agreements.
2. Additional Users
If you permit others ("Additional Users") to access and use certain features of Cubicon on your behalf, they will be able to view your account information and perform various actions depending on their access level. If you manage your Cubicon account on behalf of an organization, you confirm that you are authorized to grant such access to these Additional Users.
3. Changes to Cubicon
We reserve the right to modify, discontinue, or adjust any aspect of Cubicon or its Services without prior notice or liability. This may include changes to features, service hours, required software or hardware, or geographical availability.
4. Limited Remedies
In case of any disruptions, errors, defects, delays, or the complete termination of Cubicon or its Services, you agree that your sole remedy, as permitted by applicable law, is to stop using Cubicon and its Services.
5. Information You Provide
You are solely responsible for ensuring the accuracy, reliability, and completeness of any data, materials, or information you upload, enter, or create within Cubicon or its Services. We are not liable for the accuracy or compliance of such information except as specifically stated in this Agreement. Uploading or storing information on Cubicon does not mean we guarantee its accuracy or compliance with applicable laws.
6. Consent to Monitoring
You agree that we, along with our service providers and subcontractors, may monitor your account activity and your use of Cubicon and its Services.
7. Privacy and Data Security Compliance
You confirm that you have obtained all necessary permissions and comply with all applicable laws, including privacy regulations, in your use and disclosure of data while using Cubicon and its Services.
If you provide us with personal information about others, you must ensure you have the authority to do so and that we can collect, use, and share the data as outlined in our Privacy Policy. For example, you are responsible for obtaining the necessary permissions to allow us to transfer such personal information to the UAE (where 326 LAB - FZCO is headquartered). If requested, you agree to assist us in responding to individuals who wish to access or update the personal data you have disclosed to us.
C. Conditions of Usage
1. Intended Use
Cubicon and its Services are designed for business purposes and are not intended for personal, family, or household use. You agree to use Cubicon and its Services only as intended and in compliance with this Agreement.
2. Account Registration
When creating or accessing a Cubicon account, including signing in through a third-party service (e.g., Google), you confirm that all information you provide is accurate, current, and complete. You also confirm that you are opening and using the account solely on your behalf and not on behalf of someone else or a third party.
You will choose a username and password and are responsible for keeping these, along with other account details, secure and updated. You and any Authorized Users are solely responsible for safeguarding access credentials, such as usernames and passwords, to prevent unauthorized access to your Cubicon account and Services.
3. Authorization
If you are creating a Cubicon account on behalf of a business and are not the owner, you confirm that you have been authorized by the business's leadership to open the account. You must share account credentials with any Authorized Users within the business and provide the contact information of at least one other person associated with the business. If you leave the business, and the business's owner contacts us, we may grant them access to the account. You agree to release 326 LAB - FZCO and Cubicon from any liability arising from such actions.
4. Unauthorized Use
You are fully responsible for all activities conducted under your Cubicon account. If you discover unauthorized access or use, you must notify us immediately. You acknowledge that you are liable for any unauthorized use of your account and release Cubicon and 326 LAB - FZCO from liability for any loss or damage resulting from such use, whether or not you were aware of it. Additionally, you agree to indemnify 326 LAB - FZCO for any damages, claims, or liabilities resulting from activities associated with your account.
5. HIPAA Disclaimer
If you plan to use the Services to handle medical or health information, you understand and agree that:
326 LAB - FZCO makes no assurances regarding compliance with the Health Insurance Portability and Accountability Act (HIPAA).
The Services provided are not HIPAA-compliant or designed to assist with HIPAA compliance.
It is solely your responsibility to ensure that your use of the Services complies with all relevant federal and state laws concerning medical or health information privacy.
D. Software Notice
If accessing Cubicon or its Services requires downloading or using software, you must first agree to the applicable software license agreement before proceeding. The use of such software is governed by both this Agreement and the relevant license terms.
E. Copyrights, Trademarks and Intellectual Property
326 LAB - FZCO, along with its licensors and suppliers, retains ownership of all proprietary and intellectual property rights related to Cubicon, including its URLs, materials, products, web content, designs, layouts, tools, utilities, software, and other components. The underlying technical processes, concepts, and methods within Cubicon are proprietary and confidential. Use of Cubicon or its Services does not grant Users ownership or transfer of intellectual property rights.
While your data and content input into Cubicon remain your property, you grant 326 LAB - FZCO a global, nonexclusive, royalty-free license to use this data in ways necessary to deliver Cubicon and its Services. Any data or information input on behalf of a Business Owner also remains the property of that Business Owner.
Materials related to Cubicon, including downloadable content and software, are protected under copyright, trademark, and other intellectual property laws. All rights to such materials are reserved by 326 LAB - FZCO. You agree not to reproduce, modify, sell, redistribute, or reverse-engineer any part of Cubicon or its content without prior written permission. You must also take reasonable steps to prevent unauthorized use or distribution of these materials.
326 LAB - FZCO holds rights to various trademarks associated with Cubicon and its Services. Users are not granted any license or rights to use these trademarks, logos, or trade names unless explicitly authorized in this Agreement or another license agreement with 326 LAB - FZCO.
F. Prohibited Use
You may only access the information stored using Cubicon or the Services for lawful purposes. You may not use Cubicon, the Services, or any such information for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to civil liability, criminal liability, or both.
You shall not publish, post, upload, distribute, provide, or enter any material or information that is illegal, unlawful or could reasonably be regarded as fraudulent, libelous, malicious, threatening, offensive, profane, obscene, fanning ethnic or racial tensions, immoral or that any reasonable individual would consider objectionable on grounds of good conscience.
No User may use any means to restrict or prevent another User from accessing or enjoying Cubicon.
You are not permitted to upload information or other content to Cubicon that you reasonably ought to know infringes on the intellectual property rights of others, or that places unnecessary load so as to affect the performances of Cubicon, the Services or our systems and equipment. You may not use Cubicon and the Services in a manner which could block access to, impair, damage, or otherwise disable Cubicon or any of our servers or other equipment. You may not attempt to gain unauthorized access to Cubicon or to any other Business Owner’s accounts, computer systems or networks through any means such as password mining, keystroke logging or hacking. You shall not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable Laws.
You may not lease, sell, pledge, sublicense, assign or otherwise deal with Cubicon or the software belonging to 326 LAB - FZCO in a manner that is inconsistent with our intellectual property rights in and to Cubicon and the software.
You may not promote any commercial interest, falsify, or delete any information on Cubicon, collect personal information without express authority to do so, violate any applicable Laws, create a false identity, or utilize Cubicon under false pretenses.
You are not permitted to open an account or use our Services on behalf of a third party.
G. Privacy and Security
1. Commitment to Privacy
Your privacy is a priority for us. By agreeing to these terms, you confirm that you have read, understood, and accepted the terms outlined in our Privacy Policy.
2. Cubicon’s Security Measures
We have implemented a range of technical and organizational safeguards to protect your personal information from accidental loss, unauthorized access, misuse, alteration, or disclosure. However, no security measures are foolproof, and we cannot guarantee that third parties will never bypass our safeguards or misuse your information. By using our Services, you acknowledge and accept the risks associated with sharing your personal information.
If you identify a security-related issue, you agree to notify us immediately via email at mobile@326labs.com and refrain from disclosing the issue until we have resolved it, unless disclosure is legally required.
3. Handling Security Breaches
If you suspect or become aware of a security breach, unauthorized disclosure, privacy compromise, or loss or theft of personal information, you agree to inform us promptly. This obligation is subject to any legal or contractual restrictions you may have regarding confidentiality or proprietary information.
4. Ownership and Disclosure of Information
You retain ownership of all business data, content, and information that you input or use in connection with our Services. We do not claim any rights over this data.
However, we may be required to disclose your information under certain circumstances, including:
To prevent fraud or assist law enforcement;
To comply with legal, governmental, or regulatory obligations;
In response to a court order.
If such disclosure is necessary, we will make reasonable efforts to notify you (where legally permitted) and, where appropriate, provide you the opportunity to contest the disclosure. For more details on how we handle your data, please refer to the 326 LAB - FZCO Privacy Policy.
5. Data Export Authorization
You acknowledge and accept that your information may be transferred or stored outside the United States. Personal information is shared only as outlined in our Privacy Policy.
H. Subscriptions
Subscription. Some parts of the Services are available only upon purchasing the subscription. You agree that your purchases are not contingent on the provision of any future functionality or features, or dependent on any oral or written public statements, and comments made by the Company about such functionality or features.
Billing. You may purchase the subscription directly from the Services or through a third party by paying a subscription fee plus applicable taxes in advance on a monthly or yearly basis (or some other recurring interval disclosed to you prior to your purchase).
Free Trial. Some of our subscriptions include a trial period, where you can experience theapplication for a specified period at a reduced price (“Trial”). Subscription with the Trial period will automatically renew to a paid subscription once your Trial expires.
Third-party terms. If you purchase access to the subscription through a third party, separate terms and conditions with such third party may apply in addition to these Terms of Use. Please contact the third party regarding any refunds or to manage your subscription.
Price and tax changes. The Company may from time to time make changes to the subscription, including recurring subscription fees, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the subscription after the price change takes effect, you will have accepted the new price. If you don’t agree to a price change, you can reject the change by unsubscribing from the applicable subscription prior to the price change going into effect. Tax rates or other fees are based on the rates applicable at the time of your charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.
Renewal and Cancellation. Your payment to or the third party through which you purchased the subscription will automatically renew at the end of the applicable subscription period unless you cancel your subscription before the end of the then-current subscription period. You must cancel your subscription [or Trial] before it renews to avoid the billing of the fees for the next subscription period.
If you purchase your subscription through a third party, you can cancel at any time with the app provider. Contact our Support team at mobile@326labs.com for instructions on how to cancel.
I. Limitation of Liabilities and Damages
1. Limitation of Liability
Limitation of LTo the fullest extent allowed by law, you and all users agree to release and forever discharge 326 LAB - FZCO from any claims, rights, damages, costs, or liabilities of any kind, whether known or unknown, arising out of or connected to this agreement or your use, or inability to use, Cubicon or its Services. This includes, but is not limited to:
Issues stemming from third-party services.
Problems caused by viruses, spyware, service provider outages, or internet access interruptions.
Loss of data, data errors, payment issues, calculation inaccuracies (except as specifically stated), downtime, identity theft, fraud, or unauthorized access.
This release applies regardless of whether claims are based on contract, tort, or other legal grounds and irrespective of whether remedies outlined here are deemed sufficient or insufficient.
2. Exclusion of Damages
To the maximum extent permitted by law, 326 LAB - FZCO will not be responsible for indirect, incidental, punitive, special, exemplary, or consequential damages, such as lost profits, related to this agreement or your use of, or inability to use, Cubicon and its Services. This applies even if you have informed us of the possibility of such damages and regardless of the legal basis of the claim.
Accessing and using Cubicon and its Services is entirely at your own discretion and risk. You are solely responsible for any resulting damage, misuse, errors, or data loss.
3. Jurisdictional Exceptions
Certain jurisdictions, including states such as New Jersey in the United States, do not permit limitations on or exclusions of incidental or consequential damages. If you are in one of these jurisdictions, these exclusions may not apply to you.
4. Warranty Disclaimer
Except where explicitly stated, 326 LAB - FZCO provides no warranties, express or implied, regarding Cubicon and its Services. Any implied warranties, including those of merchantability, fitness for a specific purpose, and non-infringement, are expressly disclaimed.
If you are in a jurisdiction that does not allow the exclusion of implied warranties, such as New Jersey, any such warranties are limited in duration to the minimum period required by law, starting from the date you first used Cubicon or its Services.
5. "As-Is" Basis
You acknowledge that Cubicon and its Services are provided "as is." You use Cubicon and its related tools, features, third-party integrations, and content at your own risk. It is your responsibility to determine their suitability for your purposes and to verify the accuracy of any results generated.
6. Reasonableness of Limitations
You agree that the limitations outlined here are essential to this agreement and that they allow 326 LAB - FZCO to offer its products and services at reasonable costs. Without these limitations, the Services would not be provided under the current terms.
J. Termination
1. Your Right to Terminate
You can close your account, end this Agreement, and discontinue your use of Cubicon at any time by following the “Delete Account” instructions on your account settings page. Upon termination, you must immediately stop using Cubicon. We may also choose to block your access to the platform. Terminating your use of the Services automatically ends this Agreement. However, the Arbitration Provision outlined in this Agreement will continue to remain in effect even after termination.
2. Our Right to Terminate
326 LAB - FZCO reserves the right to terminate your account, this Agreement, and your access to Cubicon and its Services at any time, with or without notice, if you violate the terms of this Agreement, if fraudulent activity is suspected, or if we believe your account has been compromised.
If your account is associated with a business entity, we may also terminate your account and this Agreement if:
(a) You become insolvent or admit an inability to meet your financial obligations as they fall due.
(b) You are subject to a bankruptcy or insolvency proceeding, whether voluntarily or involuntarily, that is not resolved or stayed within ten (10) business days or dismissed within thirty (30) days of filing.
(c) Your entity is dissolved or liquidated, or takes action toward dissolution or liquidation.
(d) You make a general assignment for the benefit of creditors.
(e) A court-appointed receiver, trustee, custodian, or similar agent is assigned to manage or sell a significant portion of your assets or business.
3. Consequences of Termination
If your account is terminated for any reason, you agree to:
Continue to be bound by the terms of this Agreement, including the Arbitration Provision.
Immediately discontinue using Cubicon and its Services.
Acknowledge that the license granted to you under this Agreement is revoked.
Accept that we may delete your data and information from our servers, except as outlined in our Privacy Policy.
Understand that Cubicon is not liable to you or any third party for termination of access, data deletion, or the export of your information.
4. Effect of Termination
We will not be responsible for compensating, reimbursing, or providing damages in connection with the suspension or termination of Services. Termination of this Agreement does not absolve you of any fees, costs, or obligations accrued prior to termination, nor any other amounts owed under the terms of this Agreement. The Arbitration Provision remains effective even after this Agreement ends.
K. Electronic Communications
1. Electronic Delivery
By agreeing to this document, you consent to receive all communications, agreements, notices, disclosures, and other related information (“Communications”) regarding your Cubicon account electronically. Cubicon may deliver these Communications via:
Email sent to the address associated with your account,
A link or instructions sent via email directing you to a website, or
Posting the materials directly on Cubicon, if allowed by law.
Examples of such Communications include:
Agreements and policies, including this Agreement and our Privacy Policy, along with any updates;
Annual notifications or disclosures;
Transaction confirmations or receipts;
Account statements and activity logs;
Federal and state/provincial tax documents.
By accepting this document, you also consent to Cubicon using the phone number linked to your account to send text messages for purposes such as:
Delivering security codes for multi-factor authentication,
Verifying authorized account activity,
Safeguarding your account,
Notifying you about overdue accounts, or
Addressing other security or risk-related concerns.
You acknowledge and agree to receive these text messages. Standard messaging and data rates may apply.
2. Effect of Electronic Communications
Any such electronic Communications have the same meaning and effect as if we had provided you with paper Communications. Communications are considered received by you within twenty-four (24) hours of the time they are emailed to you or posted to our website. You further agree that your electronic signature (e-signature) has the same effect as your manual, physical signature.
By agreeing to this Agreement, you are confirming that you are able to receive, open, and print or download a copy of any Communications for your records. It is important for you to retain copies of Communications because they may not be accessible in your Cubicon Account at a later date.
3. How to Withdraw Your Consent
At any time, You may withdraw your consent to receive electronic Communications, as outlined in our Privacy Policy, by contacting us via mobile@326labs.com. If you choose to withdraw your consent to receive electronic Communications, Cubicon may deny your registration for an account, restrict, or close your account.
4. Updating Your Contact Information
You are responsible for ensuring your contact information is kept up to date, including, without limitation, your primary email address and phone number. You understand and agree that if Cubicon sends you an electronic Communication but you do not receive it because our record of your primary email address is incorrect, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Cubicon will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails or text messages from senders not listed in your contacts, you must add Cubicon as a contact so that you will be able to receive the Communications we send to you.
You can update your contact information at any time by logging into your Cubicon account and entering your up-to-date information. If your primary email address or phone number becomes invalid such that electronic Communications sent to you by Cubicon are returned, Cubicon may close your account, and you will not be able to transact any activity using your account until we receive a valid, functional primary email address from you.
L. Third Party Links, APIs and Content
While using Cubicon or the Services, you may encounter links to external websites maintained by third-party providers. Additionally, certain features of Cubicon and the Services rely on application programming interfaces (APIs) from third-party services, such as Google.
The inclusion of such third-party services and APIs within Cubicon does not imply any endorsement, guarantee, or statement regarding the fitness, quality, merchantability, non-infringement, or accuracy of the third-party provider’s services or products. If these third-party services or their APIs become unavailable to us on reasonable terms, we may stop offering those services or any dependent functionality without providing any refund, credit, or compensation. In such cases, your sole remedy will be to terminate your account and discontinue using Cubicon and the Services.
You acknowledge that third-party services and websites are independent from Cubicon, and we have no control over them. We do not accept any responsibility for your use of, or inability to use, any third-party sites, services, or content. Any use of third-party products or services is at your own risk. Additionally, these third-party services and websites may be governed by their own terms and policies, which you must comply with, except where prohibited or altered by applicable law.
You agree to hold us harmless and release us from any liability arising from your use or inability to use third-party products or services, whether or not related to your use of Cubicon. If you grant us permission, we may provide third parties with access to some or all of your data, content, and information within your Cubicon account via our API for use in their services. However, we may, at our discretion and without prior notice, discontinue access to our API for third-party services at any time, without offering you any refund, credit, or other compensation. In such cases, your only recourse will be to terminate your account and cease using Cubicon and the Services.
M. Miscellaneous
Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the UAE. All disputes arising out of or related to this Agreement shall be resolved in the competent courts of the UAE jurisdiction.
Amendment of Agreement
Except as otherwise provided in the Arbitration Provision, we reserve the right to modify or add to this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Service with notice that we, in our sole discretion, determine to be reasonable in the circumstances, including but not limited to, notice on our website or any other website maintained or owned by us and identified to you. Any use of the Service after our publication of any such changes constitutes your acceptance of the then-current version of this Agreement. You may not modify or amend this Agreement unless we agree to such modification or amendment in a written instrument signed by a duly authorized representative of Cubicon. For the purposes of this section, a written instrument shall expressly exclude electronic communications such as email and electronic notices.
Survival
Any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement or that expressly or by its nature extends beyond the termination of the Service shall survive and remain in effect in accordance with its terms upon the termination of this Agreement. The Arbitration Provision will survive the termination of this Agreement.
Severability
Except as otherwise provided in the Arbitration Provision, all provisions of this Agreement, notwithstanding the manner in which they have been grouped together or linked, are severable from each other. If any of these terms should be determined to be unenforceable, the remaining terms of this Agreement will survive, remain in full force and effect, and will continue to be binding and enforceable.
No Waiver
No delay or omission to exercise any right or remedy accruing upon any breach or default under this Agreement will impair any such right or remedy nor will it be construed as a waiver of any such breach or default or of any similar breach or default thereafter occurring, and no single or partial exercise thereof will preclude any other or further exercise thereof or the exercise of any other right or remedy. No waiver (or consecutive waivers) of any single breach or default will operate or be construed as a waiver of any subsequent breach or default. A waiver is only effective if made in a writing that is executed by the party granting the waiver.
N. Arbitration
This section affects your rights. Please read it carefully before agreeing to these terms.
1. Generally. You and the Covered Parties (defined below) agree that any and all disputes and claims between you and the Covered Parties will be resolved by binding individual arbitration. All issues are for the arbitrator to decide, except for those issues relating to the arbitrability of disputes and the validity, enforceability, and scope of this arbitration provision, must be determined by a court and not an arbitrator.
For purposes of this Arbitration provision, references to “you” include your direct and indirect parents, subsidiaries, and affiliates as well as the predecessors, successors, assigns, officers, directors, agents or employees of any of them; references to “Covered Parties” include 326 LAB - FZCO, their respective direct and indirect parents, subsidiaries, and affiliates as well as the predecessors, successors, assigns, officers, directors, agents or employees of any of them. This agreement to arbitrate includes, but is not limited to, all claims arising out of or relating to any aspect of services provided by Cubicon, whether based in equity, contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise prior to, during, or after the termination of any service.
You understand and agree that, by entering into this agreement, you and the Covered Parties are each waiving the right to a trial by jury or to participate in a class, representative, joint or consolidated action in court or in arbitration.
2. Exceptions. You and the Covered Parties agree that nothing in this Arbitration provision will be deemed to waive, preclude, or otherwise limit your or the Covered Parties’ right to (i) elect that an individual claim be decided in small claims court as long as it is brought and maintained as an individualized claim, or (ii) bring issues to the attention of federal, state, provincial, or local agencies.
3. No Class or Representative Claims. All arbitrations will proceed on an individual basis and may not proceed in any manner as a class action arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstance unless all parties consent in writing.
You and the Covered Parties agree that each may bring claims against the other only in your or its individual capacity and in doing so waive the right to a trial by jury or to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind.
The arbitrator is empowered to resolve the dispute with the same remedies and defenses available in court, but the arbitrator’s rulings or any relief granted must be individualized to you and will not apply to or affect any other person or company. If a court decides that applicable Law precludes enforcement of any of this paragraph’s limitations as to a particular claim or any particular request for a remedy for a claim (such as a request for public injunctive relief), then only that particular claim or only that particular request for a remedy (and only that particular claim or particular request for a remedy) must remain in court and be severed from any arbitration.
Any claim arising out of or related to these terms or the Covered Parties must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and the Covered Parties will not have the right to assert the claim.
O. Contact Information
If you have any questions about this Terms of Use Agreement, please feel free to contact us via support form.
