Last Revised: December 14, 2019
These Terms govern use of the Website
a. Transmitting or otherwise providing any harmful or objectionable content using the Website, including content that (i) violates or infringes in any way upon the rights of others, such as any copyright, trademark, patent, trade secret, moral right, or other proprietary right of any person or entity, (ii) impersonates another or is fraudulent, unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, abusive, or otherwise reasonably objectionable, or (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
b. Uploading spyware or any other malicious software to the Website.
c. Using the Website in a manner harmful to Company or any third party.
d. Using the Website in any way that violates any applicable laws, rules, or regulations.
e. Taking any action that imposes an unreasonable or disproportionately large load on the Website infrastructure or that otherwise adversely affects performance of the Website.
f. Using the Website for unauthorized framing of or linking to, or access via automated devices, bots, agents, scraping scripts, intelligent search or any similar means of access to the Website or any other materials or information available from the Website.
g. Engaging in any other action that, in the judgment of Company, exposes it or any third party to potential liability or detriment of any type.
A. YOU AND COMPANY EACH AGREE TO FIRST CONTACT EACH OTHER WITH ANY DISPUTES AND PROVIDE A WRITTEN DESCRIPTION OF THE PROBLEM, ALL RELEVANT DOCUMENTS OR INFORMATION AND THE PROPOSED RESOLUTION. YOU AGREE TO CONTACT US WITH DISPUTES BY CONTACTING US AT VNDLY, 8301 CHERRYDALE CT, MASON OH 45040, USA. WE WILL CONTACT YOU BASED ON THE CONTACT INFORMATION YOU HAVE PROVIDED US.
B. IF YOU AND COMPANY CANNOT RESOLVE ANY DISPUTE AFTER 30 DAYS, THE PARTY SEEKING TO PURSUE A CLAIM WILL SUBMIT THE CLAIM TO ARBITRATION CONSISTENT WITH THIS SECTION. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, BUT THEY CHOOSE TO HAVE ANY DISPUTES RESOLVED THROUGH ARBITRATION.
C. ANY CLAIM OR DISPUTE BETWEEN YOU AND COMPANY, AND ANY CLAIM BY EITHER AGAINST ANY AGENT, EMPLOYEE, SUCCESSOR, OR ASSIGN OF THE OTHER, INCLUDING THIRD PARTIES, WHETHER RELATED TO THESE TERMS OR OTHERWISE, INCLUDING PAST, PRESENT, AND FUTURE CLAIMS AND DISPUTES, AND INCLUDING ANY DISPUTE AS TO THE VALIDITY OR APPLICABILITY OF THIS ARBITRATION CLAUSE, SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE JAMS UNDER ITS RULES AND PROCEDURES IN EFFECT WHEN THE CLAIM IS FILED. THE RULES AND PROCEDURES AND OTHER INFORMATION, INCLUDING INFORMATION ON FEES, MAY BE OBTAINED FROM JAMS’ WEBSITE (WWW.JAMSADR.COM) OR BY CALLING JAMS AT 949-224-1810.
D. EITHER YOU OR COMPANY MAY BRING APPLICABLE CLAIMS IN SMALL CLAIMS COURT. ALSO, YOU AND COMPANY EACH AGREE THAT ANY ARBITRATION WILL BE SOLELY BETWEEN YOU AND US, NOT AS PART OF A CLASSWIDE CLAIM. IF ANY COURT OR ARBITRATOR DETERMINES THAT THIS CLASSWIDE RESTRICTION IS UNCONSCIONABLE OR UNENFORCEABLE, THEN OUR AGREEMENT TO ARBITRATE DOES NOT APPLY AND THE CLASSWIDE DISPUTE MUST BE BROUGHT IN COURT.
E. NOTHING IN THIS SECTION 12 WILL LIMIT COMPANY’S ABILITY TO SEEK EQUITABLE RELIEF IN ANY COURT OF COMPETENT JURISDICTION.