JAIDA App Terms and Conditions of Use
Notice to California subscribers: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using your Apple ID, refunds are handled by Apple. If you subscribed using your Google Play Store account, refunds are handled by Google.
The following ‘Terms of Service’ are a binding contractual commitment. We recommend reading it in full before using our service, but the most important point is this: your safety is our top priority. For your safety, we reserve to right to remove any user for a number of reasons, but most importantly if we believe they are acting inappropriately or misrepresenting themselves. If someone has made you uncomfortable for any reason, please report them to our customer support team, either via the app or by emailing email@example.com.
Our amazing support team is there to help make your experience as enjoyable as possible.
This is a contract between you and JAIDA App, Inc.
Please read these Terms before registering on JAIDA App, once you access, view or use JAIDA App, you are going to be legally bound by these Terms.
Risks and precautions
WE DO NOT CONDUCT (CRIMINAL) BACKGROUND CHECKS IN RELATION TO MEMBERS OF THE JAIDA APP.
YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL APPROPRIATE SAFETY PRECAUTIONS IN CONNECTION WITH THE USE OF JAIDA APP AND CONTACTING OTHER MEMBERS. YOU ACCEPT THAT THERE ARE RISKS INTERACTING ONLINE OR OFFLINE WITH OTHER MEMBERS, INCLUDING DATING AND MEETING OTHER MEMBERS.
WE DO NOT GUARANTEE OR VERIFY THE ACCURACY OF INFORMATION PROVIDED TO YOU BY OTHER MEMBERS. JAIDA APP MAKES EVERY EFFORT TO KEEP THE INFORMATION MADE AVAILABLE ON THE APP ACCURATE AND UP TO DATE, BUT WE DO NOT GUARANTEE THAT THE INFORMATION IS ACCURATE, COMPLETE OR CURRENT. NO RIGHTS CAN BE DERIVED FROM IT. ANY RELIANCE ON THE PROVIDED INFORMATION IS AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE APP WILL BE AVAILABLE UNINTERRUPTED AND IN A FULLY OPERATING CONDITION. ALL CONTENT AND SERVICES ON THE WEBSITE OR APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY DECISIONS OR ACTIONS TAKEN BY YOU ON THE BASIS OF THE INFORMATION PROVIDED ON OR VIA THE APP ARE AT YOUR SOLE DISCRETION AND RISK.
JAIDA APP is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow JAIDA’s Safety Tips prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT JAIDA APP DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. JAIDA APP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. JAIDA APP RESERVES THE RIGHT TO CONDUCT – AND YOU AGREE THAT JAIDA APP MAY CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
You must be at least 18 years of age to create an account on JAIDA APP and use the Service. By creating an account and using the Service, you represent and warrant that:
you can form a binding contract with JAIDA APP,
you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
This Terms of Service agreement (the “Terms”) governs your use of the JAIDA APP, Inc. (“JAIDA”) service available through our website located at www.jaidatheapp.com (the “Website”), and mobile software application known as “JAIDA” (the “App”) (collectively, the functionality provided by the Website and App referred to as the “Service”).
Please note these Terms include a class action waiver and a waiver of jury trials and require binding arbitration on an individual basis to resolve disputes.
Registration. In order to access certain features of the Services, you may be required to register for an account (“Account”). If you access the Services through a social networking site, such as Facebook (each, an “SNS”) and or Instagram, as part of the functionality of the Services, you may link your Account with SNS account (“SNS Account”), by allowing JAIDA to access your SNS Account, as is permitted under the applicable terms and conditions that govern your use of each SNS Account. You represent that you are entitled to disclose your SNS Account login information to JAIDA and/or grant JAIDA access to your SNS Account (including, but not limited to, for the purposes described here) without breach by you of any of the terms and conditions that govern your use of the applicable SNS Account and without obligating JAIDA to pay any fees or making JAIDA subject to any usage limitations imposed by such third-party service providers. By granting JAIDA access to any SNS Accounts, you understand that JAIDA may access, make available, and store (if applicable) any information, data, or content stored in your SNS Account that you make available to the JAIDA service. Depending on the SNS Accounts you choose and subject to the privacy settings that you have in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through your Account on the Services. Please note that your relationship with the third-party service providers associated with your SNS Accounts is governed solely by your agreement(s) with such third-party service providers, and JAIDA disclaims any liability for personally identifiable information that may be provided to it by such third-party service providers in violation of the privacy settings that you have set in such third-party accounts. JAIDA makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and JAIDA is not responsible for any SNS Content.
Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify JAIDA immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or JAIDA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, JAIDA has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). JAIDA reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Service if you have been previously removed by JAIDA, or if you have been previously banned from any JAIDA Properties (as defined below).
LICENSE & OWNERSHIP
License. JAIDA grants you a personal, revocable, limited, non-transferable license to use the features and functions of the Website and Service to reproduce and use the App on your mobile device solely for your own personal use. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store, Google Chrome Web Store, Google Play marketplace, or any similar store or marketplace (each, an “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g., Apple App’s Stores “Usage Rules”) (the “Usage Rules”) when using the App. All updates and upgrades to the App will be governed by the version of these Terms published by JAIDA as of the date you install such update or upgrade. You agree, however, that we are not obligated to create or provide any support, corrections, updates, upgrades, bug fixes, and/or enhancements of the App or for the Service.
Ownership. Unless otherwise noted, the Website, App and Service (collectively, the “JAIDA APP, INC”) and all text, content, and documents on the JAIDA APP, INC Properties, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing therein used to operate d, the Website, App and Service (collectively, the “JAIDA APP, INC”) and all text, content, and documents on the JAIDA APP, INC Properties, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software, and other works on d, the Website, App and Service (collectively, the “JAIDA APP, INC”) and all text, content, and documents on the JAIDA APP, INC Properties (collectively, the “Content”) are owned by JAIDA APP, INC (or its affiliates) or used with permission or under license from a third party (each an “Owner”), and are protected under copyright, trademark, and other intellectual property and proprietary rights laws. As between JAIDA APP, INC and you, all right, title, and interest in and to the Content will at all times remain with JAIDA APP, INC and/or the Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Website, App or Service, are registered and/or common law trade names, trademarks, or service marks of JAIDA APP, INC or the applicable Owner.
License to Your Content. JAIDA does not claim ownership of any content, images, videos, text, or other materials you upload to the Service (“Your Content”). You grant JAIDA a non-exclusive, fully paid, perpetual, irrevocable, worldwide, royalty-free, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, digitally transmit, publicly perform, and publicly display, Your Content (in whole or in part) for any commercial and/or business purpose whatsoever, including for the purpose of operating and providing JAIDA Properties to you and to our other end-users. For the purposes of clarity, you may use Your Content solely for your own personal, non-professional purposes. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not JAIDA, are responsible for all of Your Content that you make available on or in JAIDA Properties.
Your Profile. Your Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to JAIDA through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that JAIDA has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to JAIDA a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the JAIDA Properties.
3. USE & RESTRICTIONS
You are permitted to use JAIDA Properties and/or the Content and/or for lawful purposes as provided in these Terms only. You will not, without JAIDA’s express written consent: (i) copy, retransmit, modify, disseminate, sell, exploit, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute any part of the Content, in each case for any purpose other than for which JAIDA Properties are being provided to you; (ii) use JAIDA Properties to conduct or promote any illegal activities; (iii) attempt to reverse engineer or jeopardize the correct functioning of JAIDA Properties, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies JAIDA Properties; (iv) attempt to gain access to secured portions of JAIDA Properties to which you do not possess access rights; (v) use JAIDA Properties to generate unsolicited email advertisements or spam; (vi) use JAIDA Properties to stalk, harass or harm another individual; (vii) use any high volume automatic, electronic, or manual process to access, search, or harvest information from JAIDA Properties (including without limitation robots, spiders or scripts); (viii) interfere in any way with the proper functioning of JAIDA Properties, or interfere with or disrupt any servers or networks connected to JAIDA Properties, or disobey any requirements, procedures, policies or regulations of networks connected to JAIDA Properties; (ix) use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on JAIDA Properties or the Content contained on any such web page for commercial use without our prior express written permission; (x) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (xi) mirror or frame JAIDA Properties or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages; (xii) use any trade name, trademark, or brand name of ours in metatags, keywords and/or hidden text; (xiii) create derivative works from the Content or commercially exploit any part of the Content in any way; (xiv) use any portion of a JAIDA Properties or the Content in any manner that may give a false or misleading impression, attribution or statement as to us, the Owner or any other third party; or (xv) alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content.
JAIDA reserves all other rights not expressly granted herein. Except as expressly provided herein, nothing on JAIDA Properties will be construed as conferring any license under JAIDA ’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, JAIDA may revoke any of the foregoing rights and/or your access to JAIDA Properties, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
4. POSTING GUIDELINES
The Service includes various areas that enable you to post information, provide feedback, recommendations, reviews, and comments, and otherwise interact with other users, either through postings or by interacting in real time (together with JAIDA relevant sections of the social media sites, the “Community Forums”). With respect to any and all Community Forums, the following restrictions and obligations apply:
JAIDA will have the right, but not the obligation, to monitor or review any Community Forum at any time for any readily apparent violation of these Terms or illegal content. JAIDA is under no obligation to edit or modify any information available in a Community Forum or decide any dispute or disagreement between posters and will have no liability to you for any content posted in a Community Forum. You acknowledge that any opinions, statements, recommendations, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content. JAIDA reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums and terminate your access and usage rights to the JAIDA Properties. You are expressly prohibited from submitting any of the following types of content in any Community Forum:
Any content that is harmful (including harmful to minors), unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially or ethnically offensive, suggestive, harassing, threatening, blasphemous; pedophilic, hateful, disparaging, relating or encouraging money laundering or gambling, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Any content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, material that depicts child-pornography, acts of violence, or drug use;
Any content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
Unsolicited promotions, political campaigning, advertising or solicitations; personal or personally identifiable information of any third party; viruses, spyware, trojans, corrupted data or any other harmful, disruptive or other destructive files, code, or programs designed to interrupt, destroy or limit the functionality of any computer resource; or any content that in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose JAIDA or any Owners or other users to any harm or liability of any type.
5. INTERACTIONS WITH OTHER USERS
User Responsibility. You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services; provided, however, that JAIDA reserves the right, but has no obligation, to intercede in such disputes. You agree that JAIDA will not be responsible for any liability incurred as a result of such interactions. You understand that JAIDA does not currently conduct criminal background checks on its users or attempt to verify the statements of its users. JAIDA makes no representations or warranties as to the conduct of the users or their compatibility with any current or future users. JAIDA reserves the right to conduct any criminal background checks or other screenings (such as sex offender register searches) at any time and using available public resources.
Content Provided by Other Users. The JAIDA Properties may contain content provided by other users (“User Content”). We make an effort to moderate profile content, but JAIDA is not responsible for and does not control User Content, including the accuracy or completeness of any user’s profile information. You use all User Content and interact with other users at your own risk. In connection with the Services, we have adopted and implemented a policy that provides for the review and removal of Prohibited Content which has been reported to us. As part of that policy, we may suspend and/or terminate users who upload Prohibited Content. If you believe that one of our users is, through the use of our Service, uploading or displaying Prohibited Content, please contact us at: firstname.lastname@example.org
6. TERRITORIAL LIMITATIONS
The JAIDA Properties and all other features on the Service are provided to you “as is” and “as available” without warranty of any kind with respect to the JAIDA Properties and/or content, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then JAIDA hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from JAIDA, its employees, agents, suppliers, or any other persons will create any warranty, representation or guarantee not expressly stated in this section. additionally, JAIDA does not make any warranties that the service will be uninterrupted, secure or error-free or that your use of the service will meet your expectations, or that the JAIDA Properties, content, or any portion thereof, is correct, accurate, or reliable. JAIDA reserves the right to change any part of the JAIDA Properties at any time without notice.
8. LIMITATIONS OF LIABILITY
9. DIGITAL MILLENIUM COPYRIGHT ACT
JAIDA is committed to respecting and protecting the legal rights of copyright owners. As such, JAIDA adheres to the following notice and take-down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to JAIDA’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; 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 a statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
JAIDA’ s Copyright Agent to receive DMCA Takedown Notices is: email: email@example.com
10. CHANGES TO THESE TERMS
Please note that the Terms are subject to change by JAIDA in its sole discretion at any time. When changes are made, JAIDA will make a new copy of the Terms available at the Website and within the App. We will also update the “Last Updated” date at the bottom of these Terms. If we make any material changes, and you have registered with us to create an Account, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using JAIDA Properties. Otherwise, your continued use of JAIDA Properties constitutes your acceptance of such change(s).
JAIDA may cancel, suspend or block your use of JAIDA Properties without notice if there has been a violation (or suspected possible violation) of these Terms, as determined by JAIDA in its sole discretion. Your right to use JAIDA Properties will end once your registration is terminated, and any data you have stored on the Service may be unavailable later, unless JAIDA is required to retain it by law. You may terminate your registration at any time. JAIDA is not responsible or liable for any records or information made unavailable to you as a result of your termination of registration. You agree that JAIDA will not be liable to you or any other party for any termination of your access to the website, app, or service. Any limitations on liability that favor JAIDA will survive the expiration or termination of these Terms for any reason.
12. ARBITRATION AGREEMENT; CLASS WAIVER OF TRIAL BY JURY:
Please read this Arbitration Agreement carefully. It is part of your contract with JAIDA and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by JAIDA that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and JAIDA, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to JAIDA should be sent to: firstname.lastname@example.org. After the Notice is received, you and JAIDA may attempt to resolve the claim or dispute informally. If you and JAIDA do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-appearance Based Arbitration: If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
Time Limits. If you or JAIDA pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and JAIDA, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and JAIDA.
Waiver of Jury Trial. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and JAIDA in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and JAIDA waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Section shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt-out to the following address at JAIDA app, Inc., 16192 Coastal Hwy, Lewes, DE 19958, or email address at email@example.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter into in the future, with us.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with JAIDA.
Small Claims Court. Notwithstanding the foregoing, either you or JAIDA may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.
Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Sussex County, DE, for such purpose.
13. GOVERNING LAW
The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
14. APPLICATION STORE ADDITIONAL TERMS & CONDITIONS
The following additional terms and conditions apply to you if you are using an App from an App Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to Apps from an App Store.
Acknowledgement. JAIDA and you acknowledge that this Agreement is concluded between JAIDA and you only, and not with the App Store, and JAIDA, not the App Store, is solely responsible for App and the content thereof. To the extent this Agreement provides for usage rules for App that are less restrictive than the Usage Rules set forth for App in, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting App Store term applies, as applicable.
Scope of License. The license granted to you for App is limited to a non-transferable license to use App on either an iOS or Android device that you own or control and as permitted by the Usage Rules.
Maintenance and Support. JAIDA is solely responsible for providing any maintenance and support services with respect to App, as specified in this Agreement (if any), or as required under applicable law. JAIDA and you acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to App.
Warranty. JAIDA is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of App to conform to any applicable warranty, you may notify the App Store, and the App Store may refund the purchase price for App to you; and to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be JAIDA’s sole responsibility.
Product Claims. JAIDA and you acknowledge that the App Store is not responsible for addressing any claims made by you or any third party relating to App or your possession and/or use of App, including, but not limited to: (i) product liability claims; (ii) any claim that App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit JAIDA’s liability to you beyond what is permitted by applicable law.
Intellectual Property Rights. JAIDA and you acknowledge that, in the event of any third party claim that App or your possession and use of App infringes that third party’s intellectual property rights, JAIDA, not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address. JAIDA’ s contact information for any end-user questions, complaints, or claims with respect to App is set forth below.
Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using App.
Third Party Beneficiary. You agree that the App Store provider (and its subsidiaries) is a third party beneficiary of this Agreement and will have the right to enforce this Agreement.
You may not use, export, import, or transfer the JAIDA Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the JAIDA Properties, and any other applicable laws. In particular, but without limitation, the JAIDA Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the JAIDA Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that products, services or technology provided by JAIDA are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer JAIDA’ s products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
16. NOTICES & AGREEMENT TO BE BOUND BY ELECTRONIC SIGNATURE
The communications between you and JAIDA use electronic means, whether you visit JAIDA Properties or send JAIDA e-mails, or whether JAIDA posts notices on JAIDA Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from JAIDA in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that JAIDA provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
These Terms, and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by JAIDA without restriction. JAIDA’s failure to enforce any provision of these Terms will not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is 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 will continue in effect. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
QUESTIONS, COMPLAINTS, CLAIMS
If you have any questions, complaints or claims with respect to JAIDA Properties, please contact our Grievance Officer at: firstname.lastname@example.org who will endeavor to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
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