Terms of Service - AI Marketing Teams by FOMO.ai

Overview

FOMO.ai provides AI Marketing Team Members, autonomous Marketing Programs, and Managed Services.
All transactions are in USD.
Clients will be given specific contact information for the FOMO.ai team when signing up. For all other inquiries, email [email protected]. Additionally, our address for notices is 4845 Pearl East Cir, Ste 118, PMB 21203 Boulder CO 80301-6112.
Unless otherwise stated, you may cancel at any time.
Access to the services will be sent within 24 hours.
No refunds are given.
You can find our Privacy Policy at /privacy.
For your security, our websites uses secure protocols (https).

Terms of Service

Last revised: July 30, 2024
By using the site / operated by FOMO AI Corp. (“Company”, “Our,” “We”, or “Us”), Our website (“Site”) or any services provided in connection therewith (“Services”) You (“You”) agree to abide by these Site Terms (“Terms”). These Terms may be amended from time to time at Our sole discretion. These Terms are also provided in conjunction with Company’s Privacy Policy, Site Terms, and all other operating rules, policies, procedures, or requirements that may be published on the Site by Company from time to time, which are incorporated herein by reference.

BINDING EFFECT. This is a binding agreement. These Terms apply to every user that registers with Company’s Site. Company will post a notice on the Site any time these Terms have been changed or otherwise updated. It is Your responsibility to review these Terms periodically, and if at any time You find these Terms unacceptable, You must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, OR ARE AT LEAST 13 YEARS OLD AND ARE USING AND ACCESSING THIS SITE WITH THE CONSENT OF YOUR PARENTS AND/OR LEGAL GUARDIANS. We reserve the right to refuse use of the Site to anyone and to reject, cancel, interrupt, remove or suspend the availability of the Site at any time for any reason without liability.
ELIGIBILITY. You agree that You are not (a) a citizen or resident of a country in which use or participation is prohibited by law, decree, regulation, treaty or administrative act; (b) a citizen or resident of, or located in, a country or region that is subject to U.S. or other sovereign country sanctions or embargoes pursuant to embargoes by the Office of Foreign Assets Control or otherwise; or (c) an individual or an individual employed by or associated with an entity identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the Department of State’s Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations, including the U.S. Export Administration Act, or other economic sanction rules of any sovereign nation. If not, You are not permitted to use this Site in any respect.
PRIVACY POLICY. Company respects Your privacy and permits You to control the treatment of Your personal information. A complete statement of Company’s current privacy policy can be found on Company’s website. Company’s privacy policy is expressly incorporated into this Agreement by this reference. By using the Site, You agree to Company’s privacy policy as well as these terms.
USE OF SITE AND SERVICE. You are granted a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, and revocable license to use the Site and Services by Company except where prohibited by applicable laws. Company does not transfer either the title or the intellectual property rights of the Sites to You in any respect. All trademarks, trade names, marks, brands, logos, and other intellectual property are owned by Company or its licensors and You may not copy or use them in any manner except as otherwise specifically authorized.
4.1 Client Accounts. Company provides its platform and Site to permit clients (“Clients”) to use its platform providing AI-powered marketing solutions. You authorize Company, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your business, email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes providing official government or legal documents, and cooperating with other reasonable requests we make to verify your identity. During verification some Account features may be temporarily limited but will be restored if verification is successfully completed.
4.2 User Accounts. Each person who uses our Services must register for their own Account with a username and password. You are responsible for safeguarding and maintaining the confidentiality of your username and password, and agree not to share your username or password with anyone. You are responsible for safeguarding your username and password and for any use of our Services with your username and password. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to your password. You further agree not to use the Account or log in with the username and password of another User.
4.3 Prohibited Uses. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation:
a) copying, renting, leasing, selling, redistributing, reproducing, the Site, nor any component thereof;
b) accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access;
c) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
d) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
e) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
f) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or
g) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce, underlying ideas, or algorithms, or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site;
h) taking any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure;
i) interfering or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
j) bypassing any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service);
k) running Mail-list, Listserv, or any form of auto-responder or “spam” on the Service;
l) using manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; and/or
m) collecting Participants’ personal, contact, demographic, or other information.
Any violation of system or network security may subject You to civil and/or criminal liability.
FEES. Company charges fees for use of its platform and its pricing/fee disclosures are accessible here. As a registered user subscribing to Company’s services, you irrevocably authorize and instruct Company to deduct the Fees on a monthly or other basis for your use of Company’s Site and Services. The Company’s Fee is exclusive of taxes. Company may be required by applicable law to collect certain taxes or levies, including income tax or VAT (which some jurisdictions refer to as GST or local sales taxes). These collection requirements and rates may change based on changes to the law in your area. Any amounts Company is required to collect or withhold for the payment of any such taxes shall be collected in addition to the fees owed to Company under the Terms of Service.
5.1 Payment Methods.
In order to use certain Site Services, Client must provide account information for at least one valid Payment Method.
Client hereby authorizes Company to run credit card authorizations on all credit cards provided by Client, to store credit card and banking or other financial details as Client’s method of payment consistent with our Privacy Policy, and to charge Client’s credit card (or any other Payment Method) for the Fees, and any other amounts owed under the Terms of Service. To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments and manage your Payment Method information.
By providing Payment Method information through the Site or by authorizing payments with the Payment Method, Client represents that: (a) Client is legally authorized to provide such information; (b) Client is legally authorized to make payments using the Payment Method(s); (c) if Client is an employee or agent of a company or person that owns the Payment Method, that Client is authorized by the company or person to use the Payment Method to make payments on Company; and (d) such actions do not violate the terms and conditions applicable to Client’s use of such Payment Method(s) or applicable law.
When Client authorizes a payment using a Payment Method via the Site, Client represents that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement or the other Terms of Service cannot be collected from Client’s Payment Method(s), Client is solely responsible for paying such amounts by other means.
Company is not liable to any User if Company does not complete a transaction as a result of any limit by applicable law or your financial institution, or if a financial institution fails to honor any credit or debit to or from an account associated with such Payment Method. Company will make commercially reasonable efforts to work with any such affected Users to resolve such transactions in a manner consistent with this Agreement.
All payments shall be settled in US Dollars and all foreign currency conversions shall take place at the rates in effect at the time of the transaction.
5.2 Authorization For ACH Transactions.
If you elect to pay Fees or any other amounts owed under the Terms of Service via ACH transfers from your designated bank account, you hereby authorize us to electronically debit and, if necessary, electronically credit your designated bank account via ACH for such amounts pursuant to the Terms of Service, and you agree to comply with the ACH rules issued by the National Automated Clearing House (“NACHA”) and all applicable laws, including, but not limited to, the federal Bank Secrecy Act, the U.S.A. Patriot Act, and economic sanctions overseen by the Office of Foreign Assets Control (OFAC). Your authorization for ACH transfers contained in this Section will remain in full force and effect until you notify us that you wish to revoke your authorization by removing your bank account information from your User Account.
LAW ENFORCEMENT. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws. We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service or the Site when requested.
DMCA and COPYRIGHT INFRINGEMENT.
7.1 ALLEGED DMCA/COPYRIGHT VIOLATIONS. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention.
If You have evidence, know, or have a good faith belief that Your rights or the rights of a third party have been violated and You want Company to delete, edit, or disable the material in question, whether in connection with the Digital Millennium Copyright Act of 1998 (DMCA), You must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact You, such as an address, telephone number, and if available, an electronic mail address at which You may be contacted; (e) 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 owner, its agent, or the law; and (f) 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. For this notification to be effective, You must provide it to Company’s designated agent by mail and email at: [email protected] .
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
7.2 COUNTER-NOTICE. If You believe that Your material has been removed or disabled by mistake or misidentification, You may file a written counter-notice with the Designated Agent, including the following information (“Counter-Notice”) within 5 business days from Your receipt of Our notice of infringement: a) a physical or electronic signature of the owner or authorized user of material; b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; c) a statement made under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and d) Your name, address, telephone number, and a statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if Your address is outside of the United States, and that You will accept service of process from the Complainant or an agent of such person. If You fail to provide required information or follow this process, You may waive Your rights. If You have any questions regarding Your legal rights and legal obligations, You should consult with an attorney.
ALLEGED VIOLATIONS. Company reserves the right to terminate Your use of the Service and/or the Site. To ensure that Company provides a high quality experience for You and for other users of the Site and the Service, You agree that Company or its representatives may access Your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company reserves the right to terminate Your access to the Site immediately, with or without notice to You, and without liability to You, if Company believes that You have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.
NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AND SERVICE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. The Company, and its directors, officers, members, managers, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Site will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Site is free of viruses or other harmful components; or (d) the results of using the Site will meet Your requirements. Your use of the Site is solely at Your own risk. The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with Your use of the Site.
YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND SERVICES ARE AT YOUR OWN RISK. WE SPECIFICALLY DO NOT WARRANT THAT THE CONTENT ON THE SITE IS ACCURATE, RELIABLE OR CORRECT. YOU EXPRESSLY WAIVE AND RELEASE US FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES YOU ENCOUNTER THROUGH USE OF THE SITE, SERVICES OR APPLICATIONS. WE DISCLAIM ALL LIABILITY AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ACTS WHICH CAUSE PERSONAL INJURY, PROPERTY DAMAGE, DEATH, THEFT, DEFAMATION, DISPARAGEMENT, DISCRIMINATION, BREACH OR INTERFERENCE WITH A THIRD-PARTY CONTRACT, OR MISREPRESENTATION. YOU ACKNOWLEDGE THAT WE OWE NO DUTY OF CARE TO YOU AND WE DISCLAIM ANY AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR BREACH OF SUCH A DUTY. WE EXERCISE NO CONTROL OVER USER CONTENT AND WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES THAT MAY RESULT FROM THE ACTS OR OMISSIONS OF US OR ANY THIRD PARTIES. WE DISCLAIM ALL LIABILITIES AND ASSUME NO RESPONSIBILITY OR LIABILITY FOR LOSSES OR DAMAGES RESULTING FROM DISCLOSURE OF YOUR PERSONAL OR CONFIDENTIAL INFORMATION WHETHER BY US OR ANY THIRD PARTIES. WE DISCLAIM ALL LIABILITIES ARISING OUT OF ANY THIRD PARTY’S ACTS OR OMISSIONS, OF EVERY KIND AND NATURE, WHETHER FORSEEABLE OR NOT.
LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER SERVICES PROVIDED TO YOU BY OR THROUGH COMPANY, exceeding ten dollars ($10.00.) This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
RELEASE. IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SITE AND SERVICE, YOU HEREBY AGREE TO RELEASE COMPANY, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AGENTS, CO-BRANDERS, OTHER PARTNERS, EMPLOYEES, AND ALL LICENSEES AND DESIGNEES OF COMPANY FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR ALL CONTENT PROVIDED RELATING THERETO.
IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CIVIL CODE 1542 AND ANY OTHER SIMILAR LAW OR STATUTE OF ANY OTHER STATE, WHICH SAYS, IN SUBSTANCE:
“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.”
ECPA NOTICE. Pursuant to the Electronic Communications Privacy Act (18 U.S.C. §§ 2701-2711): THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with Your use of the Service.
AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose websites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with Your use of the Site, You may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms shall govern Your use of any and all third party content in connection with, arising out of, or relating to the Site.
INDEMNITY. You agree to indemnify Company for certain of Your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from Your access to or use of the Site, Your violation of these Terms, or Your infringement of any intellectual property or other right of any person or entity and all violations of state, federal, local, or foreign law caused by or arising out of Your acts or omissions. Company will notify You promptly of any such claim, loss, liability, or demand, and will provide You with reasonable cooperation, at Your expense, in defending any such claim, loss, liability, damage, or cost.
COPYRIGHT. All contents of Site are copyrighted to Company. All rights are reserved.
TRADEMARKS. The trademarks, service marks, and logos of Company (the “Company Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Company. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with Company Trademarks, the “Trademarks”). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Company specific for each such use. The Trademarks may not be used to disparage Company, any third party or Company’s or third party’s products or services, or in any manner (in Company’s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Company approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Company Trademark shall inure to Company’s benefit.
ARBITRATION
If a dispute arises between you and Company or our Affiliates, our goal is to resolve the dispute quickly and cost-effectively. Accordingly, unless you opt out as provided below, you, Company, and our Affiliates agree to resolve any and all claims, disputes, or controversies that arise out of or relate to this Agreement, the other Terms of Service, your relationship with Company (including without limitation any claimed employment with Company or one of our Affiliates or successors), the termination of your relationship with Company, or the Services (each a “Claim” and collectively, “Claims”) through binding arbitration on an individual basis in accordance with this Section (sometimes referred to as the “Arbitration Provision”).
Claims that may not be subject to predispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203), Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (Public Law 117-90), or by generally applicable law are excluded from the coverage of this Arbitration Provision.
By agreeing to arbitrate disputes under this Agreement, THE PARTIES ARE EXPRESSLY GIVING UP ANY AND ALL RIGHTS TO A JURY TRIAL OR COURT TRIAL BEFORE A JUDGE. The parties instead elect to have Claims resolved by arbitration. The arbitrator’s decision shall be final and binding on the parties, subject to review on the grounds set forth in the Federal Arbitration Act (“FAA”)).
17.1 Choice Of Law
All Claims arising out of or relating to the Site will be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions.
However, notwithstanding the foregoing sentence, this Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.).
17.2 Informal Dispute Resolution
Before serving a demand for arbitration of a Claim, you and Company agree to first notify each other of the Claim. You agree to notify Company of the Claim by email to [email protected], and Company agrees to provide to you a notice at your email address on file (in each case, a “Notice”). You and Company then will seek informal voluntary resolution of the Claim. Any Notice must include pertinent account information, a brief description of the Claim, and contact information, so that you or Company, as applicable, may evaluate the Claim and attempt to informally resolve it. Both you and Company will have 60 days from the date of the receipt of the Notice to informally resolve the other party’s Claim and avoid the need for further action.
17.3 Binding Arbitration And Class Action/Jury Trial Waiver (Does Not Apply To Users Located Outside The United States And Its Territories)
This Arbitration Provision applies to all Users located in or who reside in the United States and its territories. In the unlikely event the parties are unable to resolve a Claim within 60 days of the receipt of the applicable Notice, you, Company, and our Affiliates agree to resolve the Claim by final and binding individual arbitration before an arbitrator from JAMS, instead of a court or jury. JAMS may be contacted at www.jamsadr.com.
17.4 Scope Of Arbitration Agreement And Conduct Of Arbitration
This Arbitration Provision applies to any Claim (defined above) the parties may have, whether based on past, present, or future events, and includes all claims and disputes that arose between the parties before the effective date of this Agreement, and survives after your relationship with Company ends. For the avoidance of doubt, Claims covered by this Arbitration Provision include, but are not limited to, all claims, disputes or controversies arising out of or relating to this Agreement, the Terms of Service, Service Contracts or in any way relating to the Site. This Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. If for any reason JAMS will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator.
Except as otherwise provided in this Agreement, arbitration will be conducted in Colorado in accordance with the JAMS Comprehensive Arbitration Rules and Procedures’ Optional Expedited Arbitration Procedures then in effect. The applicable JAMS arbitration rules may be found at www.jamsadr.com or by searching online for “JAMS Comprehensive Arbitration Rules and Procedures,” “JAMS Employment Arbitration Rules,” or “JAMS Consumer Arbitration Minimum Standards.” Any dispute regarding the applicability of a particular set of JAMS rules shall be resolved exclusively by the arbitrator. All arbitration proceedings shall take place remotely through Zoom/web-conference, including depositions, discovery, hearings, and trial.
You and Company will follow the applicable JAMS rules with respect to filing or initial appearance and arbitration fees. The arbitrator shall follow applicable law and may award only those remedies that would have applied had the matter been heard in court. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction.
This Arbitration Provision does not apply to litigation between Company and you that is or was already pending in a state or federal court or arbitration before the expiration of the opt-out period set forth below. Notwithstanding any other provision of this Agreement, no amendment to this Arbitration Provision will apply to any matter pending in an arbitration proceeding brought under this Section unless all parties to that arbitration consent in writing to that amendment.
This Arbitration Provision also does not apply to claims for workers compensation, state disability insurance, or unemployment insurance benefits.
Nothing in this Arbitration Provision prevents you from making a report to or filing a claim or charge with a government agency, including without limitation the Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Securities and Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs. Nothing in this Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision. This Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Arbitration Provision. Nothing in this Arbitration Provision prevents or excuses a party from satisfying any conditions precedent or exhausting administrative remedies under applicable law before bringing a claim in arbitration. Company will not retaliate against you for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act.
17.5 Interpretation And Enforcement Of This Arbitration Provision
This Arbitration Provision is the full and complete agreement relating to the formal resolution of Claims. The arbitrator shall have exclusive jurisdiction to decide all disputes arising out of or relating to the arbitrability of a Claim or the interpretation, enforcement, or application of this Arbitration Provision, including the enforceability, revocability, scope, breach, or validity of the Arbitration Provision or any portion of the Arbitration Provision, except as expressly provided below. All such matters shall be decided by an arbitrator and not by a court. The parties expressly agree that, except as provided by the Class and Collective Waiver section below, the arbitrator and not a court will decide any question of whether the parties agreed to arbitrate, including but not limited to any claim that all or part of this Arbitration Provision, this Agreement, or any other part of the Terms of Service is void or voidable.
In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable, except as set forth below.
17.6 Class And Collective Waiver
Private attorney general representative actions under state Labor Codes are not arbitrable, not within the scope of this Arbitration Provision and may be maintained in a court of law. However, this Arbitration Provision affects your ability to participate in class or collective actions. Both you and Company agree to bring any dispute in arbitration on an individual basis only, and not on a class or collective basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action, or as a member in any such class or collective proceeding (“Class Action Waiver”). Notwithstanding any other provision of this Agreement or the JAMS rules, disputes regarding the enforceability, revocability, scope, validity, or breach of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If there is a final judicial determination that all or part of the Class Action Waiver is unenforceable or that an arbitration can proceed on a class basis, then the arbitration provision herein shall be considered null and void in its entirety and the class or collective action to that extent must be litigated in a civil court of competent jurisdiction. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. You and Company agree that you will not be retaliated against as a result of your filing or participating in a class or collective action in any forum. However, Company may lawfully seek enforcement of this Arbitration Provision and the Class Action Waiver under the Federal Arbitration Act and seek dismissal of such class or collective actions or claims.
17.7 Right To Opt Out Of The Arbitration Provision
You may opt out of the Arbitration Provision contained in this Section by notifying Company in writing within 30 days of the date you first registered for the Site. To opt out, you must send a written notification to Company at [ADDRESS] that includes (a) your Account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a statement indicating that you wish to opt out of the Arbitration Provision. Alternatively, you may send this written notification to [email protected].
Opting out of this Arbitration Provision will not affect any other terms of this Agreement.
If you do not opt out as provided in this Section, continuing your relationship with Company constitutes mutual acceptance of the terms of this Arbitration Provision by you and Company. You have the right to consult with counsel of your choice concerning this Agreement and the Arbitration Provision.
17.8 Enforcement of this Arbitration Provision
This Arbitration Provision replaces all prior agreements regarding the arbitration of disputes and is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Provision. In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable.
NOTIFICATION. You agree that We may provide notifications to You via email, written or hard copy notice, or through conspicuous posting of such notice on Our Site. You may opt out of certain means of notification or to receive certain notifications.
JURISDICTION. By using this Site, and/or registering with the Site, You consent to the personal jurisdiction over You by the State of Colorado and waive all defenses asserting improper service, lack of personal jurisdiction, forum non conveniens, or any similar defense that challenges the personal jurisdiction of the State of Colorado over You.
CHOICE OF LAW. These Terms shall be construed in accordance with and governed by the laws of the United States and the State of Colorado, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the State of Colorado in all disputes arising out of or related to the use of the Site.
SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
NO LICENSE. Nothing contained on the Site should be understood as granting You a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
JURISDICTIONAL LIMITATIONS. Company makes no representation that any of the materials or the services to which You have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction.
MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, You shall abide by any such revisions.
ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.