TERMS OF SERVICE
Terms of Service applies to the Mobile Application and the Website.
Last Updated: July 4, 2022
This mobile application (the "App") and website (the "Website") is operated by Jamestown, L.P. and its affiliates. Throughout the App or the Website, the terms "Developer", "we", "us" and "our" refer to Jamestown, L.P. and its affiliates. Developer offers the App and the Website, including all services, tools, technology, products, and features (together, the "Services") available from the App or the Website to you, the user (whether as a guest or a registered user), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By using the App, the Website or any of our other Services, you agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using the Services you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the App, the Website or use any Services.
Any new features or tools which are added to the App or the Website shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
BY ACCEPTING THESE TERMS OF SERVICE OR USING ANY OF THE SERVICES, YOU UNDERSTAND THAT THIS IS A LEGALLY BINDING INSTRUMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. PLEASE READ THESE TERMS OF SERVICE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT ACCESS OR USE OUR SERVICES.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH HEREIN. SECTION 17 BELOW HAS MORE INFORMATION AND HOW YOU CAN OPT OUT OF ARBITRATION.
YOU CERTIFY THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE OR, IF YOU ARE BETWEEN THE AGES OF 13 AND THE LEGAL AGE OF MAJORITY, THAT YOU ARE USING THE SERVICES WITH THE SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS OF SERVICE. MAKE SURE TO REVIEW THESE TERMS OF SERVICE WITH YOUR PARENT OR GUARDIAN SO THAT YOU BOTH UNDERSTAND ALL OF YOUR RIGHTS AND OBLIGATIONS.
Some terms may not apply to you, depending on where you are in the world, so please look out for any notices explaining terms that are relevant to particular countries only.
SECTION 1 — ACCEPTABLE USE OF THE SERVICES
The Services are intended solely for users who are 13 or older. Any registration for, or use of, the Services by anyone under the age of 13 is unauthorized, unlicensed and in violation of these Terms. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents who are between the age of 13 and the age of majority to use the Services.
By accessing the Services, you represent and warrant that you:
- are not identified on the Office of Foreign Assets Control's Specially Designated Nationals List ("SDN List");
- are not placed on the U.S. Department of Commerce's Denied Persons List or Entity List or any other U.S. export control list;
- will not use IP proxying or other methods to disguise the place of your residence;
- will not use the Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms; and
- have not previously had your right to use the Services suspended or terminated.
By using or accessing the Services, you agree that you will not:
- use our products for any illegal, unlawful, or unauthorized purpose, or to solicit others to perform or participate in any unlawful acts;
- misrepresent your identity or affiliation in any way (including, without limitation, by using email addresses or usernames associated any other natural person that is not you);
- "stalk", harm or attempt to harm, or otherwise harass another user of Developer;
- upload or transmit viruses, worms, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- attempt to or actually disable, overburden, damage, impair, or override the Services or interfere with other party's use of the Services, including any security components
- use the Services for any commercial purpose or financial gain; or
- upload, post, email, share, or otherwise transmit any material to either Developer or a third-party platform (including social media) that may harass, disparage, or otherwise limit another user's use or enjoyment of the Services.
In addition, you are prohibited from using Services or its content:
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to collect or track the personal information of others;
- to spam, phish, farm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; and
- to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and you agree not to provide any other person with access to the Services or portions of the Services using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You agree that you will only create one account and that you will not create another account if we have already disabled your account unless you have our written permission to do so.
A breach or violation of any of the Terms will result in an immediate termination of your Services. You acknowledge and agree that you are solely responsible for (and that Developer has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which Developer may suffer) of any such breach. You agree to defend and indemnify Developer and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
SECTION 2 — GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
We employ physical, technical and administrative safeguards to guard against unauthorized disclosure or access to your personal information. However, you acknowledge that security safeguards, by their nature, are capable of circumvention and Developer does not and cannot guarantee that personal information about you will not be accessed by unauthorized persons capable of overcoming such safeguards (e.g., hackers) who may use viruses, worms, trojan horses, and other undesirable and malicious data and software to obtain access to or damage our Services. You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Services. If you change or deactivate the mobile phone number that you used to create an App or Website account, you must update your account information through Settings within 72 hours to prevent us from sending messages intended for you to someone else.
SECTION 3 — INTELLECTUAL PROPERTY RIGHTS
Rights We Grant You. We grant you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services' benefits in a way that these Terms allow.
The Services contain material, such as software, text, graphics, images, video, audio and other material (collectively, "Content"). No Content from the Services may be copied, reproduced, modified, republished, uploaded, posted, transmitted, reprinted or distributed in any way without the express prior written permission of Developer. The Content may be owned by us or may be provided through arrangements with others, including other users of the Services or third-party content providers. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. Our name, brands, logos, slogans and other trademarks are our trademarks. All other names, brands, logos, product and service names, and designs appearing on the Services are the trademarks of their respective owners. You may not use such trademarks without our prior written permission.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the software's source code, unless laws prohibit these restrictions, or you have our written permission to do so.
**Rights You Grant Us.**Many of our Services let you create, upload, post, send, receive, and store content. When you do so, you retain whatever ownership rights to the content you had to begin with, but you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected. We call submissions that are set to be viewable by Everyone as well as content you submit to crowd-sourced Services, "Public Content." For all content you submit to the Services other than Public Content, you grant Developer and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services, as well as researching and developing new ones.
Because Public Content is inherently public and chronicles matters of public interest, the license you grant us for this content is broader. For Public Content, you grant Developer, our affiliates, and our business partners all of the same rights you grant for non-Public Content, as well as a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display Public Content in any form and in any and all media or distribution methods (now known or later developed).
To the extent it's necessary, when you appear in, create, upload, post, or send Public Content, you also grant Developer, our affiliates, and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content. This means, among other things, that you will not be entitled to any compensation from Developer, our affiliates, or our business partners if your name, likeness, or voice is conveyed through the Services, either on the App or the Website or on one of our business partner's platforms.
While we're not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.
The Services may contain advertisements. In consideration for Developer letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content.
With respect to your use of the App, you grant Developer, our affiliates, and our business partners a worldwide, perpetual, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, distribute, promote, exhibit, broadcast, syndicate, publicly perform, and distribute (a) any actual or simulated likeness, image, voice, name, poses, or other personal characteristics (collectively, your "Likeness") embodied in an Avatar or the Services, and (b) any materials you create using the Services, as well as the right to create and use derivative works from those materials, in any and all media or distribution methods (now known or later developed). This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. This means, among other things, that you will not be entitled to any compensation from Developer, our affiliates, or our business partners if your name, likeness, or voice is conveyed through or in connection with either the application or one of our business partner's platforms.
Should you develop or be deemed to have any rights in an Avatar not granted by these Terms, you agree to irrevocably and unconditionally assign to Developer all of your additional rights, title, and interest, including all copyrights, in and to such Avatar.
SECTION 4 — ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Service, or by anyone who may be informed of any of its contents. This Service may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THE SERVICES AND CONTENT ARE PROVIDED BY Developer (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Developer (AND ITS LICENSORS AND SUPPLIERS) DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. Developer DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR THEIR CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
SECTION 5 — MODIFICATIONS TO THE SERVICE AND PRICES
Service availability, price and time-related information appearing on the Services are subject to change without notice. Developer is not responsible for any such changes and advises you to confirm all specific terms appearing on or through the Services before acting in reliance on such terms. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 — INTELLECTUAL PROPERTY REPORTS
In accordance with the Digital Millennium Copyright Act (the "DMCA") and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and in our sole discretion, accounts of users who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Ponce City Market, 7th Floor
675 Ponce de Leon Ave NE
Atlanta, Georgia 30308
Attention: Legal Department
Please see 17 U.S.C. §512(c)(3) (available https://www.copyright.gov/title17/92chap5.html#512) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
SECTION 7 — THIRD PARTY LINKS, CONTENT, AND TOOLS
Our Services include third party sponsored content, experiences, links, and advertisements. We are not responsible for examining or evaluating any products, advice or services offered by any third parties whose icons, products, advice, services, tools, or hyperlinks appear on or through the Services. This includes links contained in advertisements, including banner advertisements and sponsored links. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the App or the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). Third-party products and services represented on the Services are not necessarily endorsed or recommended by Developer and we disclaim all responsibility regarding the performance or the use of third-party products and services. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
You are granted a limited, non-exclusive right to create text hyperlinks to the Website for noncommercial purposes; however, you may not use our logos or other proprietary graphics to link to our sites without our express written permission.
SECTION 8 — USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS
If, at our request or without a request from us, you send certain specific submissions (for example contest entries) or you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 9 — PERSONAL INFORMATION
SECTION 10 — ERRORS, INACCURACIES & OMISSIONS
Occasionally there may be information in the App, on the Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
SECTION 11 — EXPORT COMPLIANCE
You will comply with all applicable export control laws of the United States and any other applicable governmental authority, including without limitation, the U.S. Export Administration Regulations ("Export Laws"). You will not, directly or indirectly, export, re-export or download the Services: (a) to any individual, entity or country prohibited by Export Laws, including by any U.S. sanctions program; (b) to anyone on the SDN List, the Denied Persons List or Entity List or other export control lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical or biological weapons proliferation or development of missile technology. You further represent and warrant that no U.S. federal agency has suspended, revoked or denied your export privileges and you are not listed on the SDN List.
SECTION 12 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Developer DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON AND AVAILABLE THROUGH THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
In no case shall Developer, our partners, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless Developer and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) your use of the App, the Website or the Services, (b) your breach of these Terms of Service or the documents they incorporate by reference, (c) your violation of any law or the rights of a third party or (d) any Comments you provide. This indemnity may not apply to residents of certain countries if prohibited by law.
SECTION 14 — TERMINATION
termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The provisions of these Terms concerning security, representations and warranties, assignment, prohibited activities, copyrights, trademarks, disclaimer, limitation of liability, indemnity, dispute resolution, and jurisdictional issues shall survive any such termination. You agree that if your use of the App, the Website or the Services is terminated pursuant to these Terms, you will not attempt to use App, the Website or our Services, and further agree that if you violate this restriction after being terminated, you will indemnify and hold Developer harmless from any and all liability that may incur therefore.
SECTION 15 — ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 16 — GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Georgia.
SECTION 17 — DISPUTE RESOLUTION
PLEASE READ THIS SECTION 17 CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION 17 REQUIRES YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
FOR USERS IN CERTAIN LOCALITIES, THIS SECTION MAY NOT APPLY TO YOU, PLEASE SEE THE EXCEPTIONS BELOW AND SECTION 18 FOR MORE INFORMATION.
If you believe you have a dispute or claim against us arising out of your use of the Services or under these Terms, you agree to first discuss the matter informally with us for at least 30 days. To do that, you must give us written notice, which will include your full name and contact information, the nature and basis giving rise to your dispute or claim and your proposed resolution, sent to the address below.
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this section is enforceable, you understand and agree that any dispute, claim, or controversy arising under or in connection with these Terms, including your use and access to the Services or any other content, including, but not limited to, claims as to whether any services rendered by Developer or persons employed or engaged by Developer were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, shall be finally and exclusively resolved by binding arbitration under the American Arbitration Association's ("AAA") Commercial Arbitration Rules and Mediation Procedures and Consumer-Related Disputes Supplementary Procedures, and not by a lawsuit or resort to court process, except as Georgia law provides for judicial review of arbitration proceedings. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. It is your responsibility to pay any AAA filing, administrative and arbitrator fees as set forth in the AAA Rules.
YOU ACKNOWLEDGE AND AGREE THAT BOTH PARTIES TO THE TERMS WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ARBITRATION, CLASS ACTION OR REPRESENTATIVE PROCEEDING. The parties further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate. Any such controversy or claim shall be arbitrated on an individual basis, unless both parties otherwise agree in writing. The arbitration shall be held in Atlanta, Georgia, U.S.A.
If you are not located in, are not based in, do not have offices in, and do not do business in the United States, any arbitration between you and JAMESTOWN will be finally settled under the Rules of Arbitration of the International Chamber of Commerce ("ICC Rules") by one or more arbitrators appointed in accordance with the ICC Rules and will be administered by the International Court of Arbitration of the International Chamber of Commerce. You agree that such arbitration will be located in the Northern District of Georgia, and waive any objection to such jurisdiction or venue.
This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this arbitration provision within 30 days of the date that you first agreed to these Terms. To opt out, you must send your name, residence address and email address used for your Developer account, and a clear statement that you want to opt out of this arbitration provisions to JAMESTOWN,L.P., Ponce City Market, 7th Floor, 675 Ponce de Leon Ave NE, Atlanta, Georgia 30308 Attention: Legal Department. Should you choose to withdraw from the arbitration provision, all other provisions of the Terms shall remain in full force and effect. If for any reason a claim proceeds in court rather than arbitration, each party waives any right to a jury trial. You agree to the personal jurisdiction by and venue in the state courts located in the City of Atlanta in the State of Georgia or a United States District Court, Northern District of Georgia, and waive any objection to such jurisdiction or venue.
Exception - New Jersey Residents. If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) section 12 — disclaimer of warranties; limitation of liability; (b) Section 13 — indemnification; (c) Section 16 — governing law (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law); and (d) dispute resolution. According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of these Terms are found to violate an established legal right.
Exception — California Private Attorneys General Act (PAGA) Action. Notwithstanding your and Developer's agreement to resolve all disputes through arbitration, either you or we may seek relief in a court of law for a claim arising under California's Private Attorneys General Act.
30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and Class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at firstname.lastname@example.org and providing the following information: (i) your name, (ii) your email address; (iii) your mailing address; (iv) a statement of your wish not to resolve disputes with Developer through arbitration. The notice must be sent within thirty (30) days of your agreement to the Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of these arbitration provisions, Developer also will not be bound by them.
Exception — United Kingdom. If you live in England or Wales, you may be able to bring legal proceedings in the English courts. If you live in Scotland you may be able to bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you may be able to bring legal proceedings in either the Northern Irish or the English courts.
SECTION 18 — INTERNATIONAL USERS
Our Services may only be available in the territory to which the applicable Service is directed, and may not be available in your country.
WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON THE WEBSITE OR APP, INCLUDING WITHOUT IMITATION, THE INFORMATION AND OTHER MATERIALS PROMOTING THE PRODUCTS OR SERVICES IDENTIFIED ON THE SITES, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE WEBSITE OR APP ARE DIRECTED. THOSE WHO CHOOSE TO ACCESS OUR SERVICES DO SO ON THEIR OWN INITIATIVE AND AT THEIR OWN RISK.
Despite the above, as a consumer you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to these Terms heard by your local courts. These Terms do not limit any such rights that you have that apply. HOWEVER, BY ENTERING INTO THESE TERMS, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THESE TERMS AND RESERVE THE RIGHT TO CONTEST THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT.
These Terms, as well as all other documents related to it, including notices and correspondence, may not be available in your native language and may be available in the English language only.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOU, AND SUPERSEDE CONFLICTING TERMS IN THE AGREEMENT, IF YOU ARE A RESIDENT OF THE NAMED JURISDICTION OR TO THE EXTENT REQUIRED BY APPLICABLE LAW:
L'acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.
Quebec Customers: For Quebec customers (or customers from other Canadian provinces where applicable) we will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer's right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer's obligations or a reduction in our obligations.
Dispute Resolution: The arbitration requirements of these Terms will not apply to you if any such provision is unenforceable under the laws of your Canadian province of residence.
Cancellation Rights: Residents of certain provinces may have the right to cancel the provisions of certain purchases as required by local law. We will honor such cancellation rights.
Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Sites, please send an e-mail to email@example.com.
Children: You may not use the Site or App if you are under the age of 16.
Exceptions to Liability Limitations: Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE EUROPEAN UNION AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), THE AGREEMENT TO ARBITRATE IN THE AGREEMENT WIL NOT APPLY TO IF NOT PERMITTED BY LAW.
Children: You may not use the Site or App if you are under the age of 16.
Exceptions to Liability Limitations: Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liabilitythat cannot be excluded or limited by applicable law.
ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (OR ANY SUCCESSOR TO THESE ENACTED BY THE UK POST BREXIT). THE AGREEMENT TO ARBITRATE IN THESE TERMS WILL NOT APPLY TO IF NOT PERMITTED BY LAW.
SECTION 19 — ELECTRONIC SIGNATURES
You acknowledge that by using the Service, you are indicating your intent to sign the relevant document or record acknowledging your consent to receive all Developer communications through electronic communications (i.e., email), and that this consent shall constitute your signature. In addition, you are confirming that (1) your system meets the requirements set forth above, (2) you agree to receive disclosures, communications and documents electronically, and (3) you are able to access and retain information presented at the App or the Website or via electronic communication.
SECTION 20 — CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We may make changes, supplement or update these Terms from time to time. The revised Terms will be effective on or after the posted date. You acknowledge and agree that if you use the Services after the date on which the Terms have changed Developer will treat your use as acceptance of the updated Terms.
If we make a material change to the Terms, we will provide you with notice thirty (30) days prior to the effective date of the changes by posting a notice on the App or the Website and by sending you an email to the email address we have for you. Unless you notify us within thirty (30) days from the time you receive notice of the new terms that you do not agree to the terms, you will be deemed to have agreed to the new Terms. You understand that our relationship with you may be governed by additional terms or agreement.
SECTION 21 — OTHER TERMS
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Developer, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Words, regardless of the number and gender specifically used, will be construed to include any other number, singular or plural, and any gender, masculine, feminine, or neuter, as the context requires. " And" includes "or." "Or" is disjunctive but not necessarily exclusive. "Including" means "including but not limited to." Unless other specifically stated, the term "days" means calendar days.