The website located at www.openhumanity.com (the "Site"") is a copyrighted work
belonging to Open Humanity Inc
(“Company”, “us”, “our”, and “we”).
Certain features of the Site may be subject to additional guidelines, terms, or
rules, which will be posted on the Site in connection with such features. All such additional terms,
guidelines, and
rules are incorporated by reference into these Terms.
THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND
CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU
ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU
REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY,
AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT
YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE
NOT AT LEAST 18 YEARS OLD. IF YOU ARE NOT AT LEAST 18 YEARS OLD, YOU SHOULD
UNDERSTAND THAT WE MAY DISCLOSE ANY ACTIVITY PERFORMED UNDER A MINOR CHILD'S
ACCOUNT TO THE MINOR CHILD’S PARENT OR GUARDIAN.IF YOU DO NOT AGREE WITH ALL OF
THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 10.2) ON AN INDIVIDUAL BASIS TO
RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE
REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. ACCOUNTS
- Account Creation. In order to use certain features of the Site, you must register
for an account
(“Account”) and provide certain information about yourself as prompted by the account registration
form. You
represent and warrant that: (a) all required registration information you submit is truthful and
accurate; (b) you will
maintain the accuracy of such information. You may delete your Account at any time, for any reason,
by following
the instructions on the Site. Company may suspend or terminate your Account in accordance with
Section 8.
- Account Responsibilities. You are responsible for maintaining the confidentiality
of your
Account login information and are fully responsible for all activities that occur under your
Account. You agree to
immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or
any other
breach of security. Company cannot and will not be liable for any loss or damage arising from your
failure to
comply with the above requirements.
2. ACCESS TO THE SITE
- License. Subject to these Terms, Company grants you a non-transferable,
non-exclusive,
revocable, non-sublicensable, non-transferable, limited license to use and access the Site solely
for your own
personal, noncommercial use.
- Certain Restrictions. The rights granted to you in these Terms are subject to the
following
restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or
otherwise commercially
exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall
not modify, make
derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you
shall not access
the Site in order to build a similar or competitive website, product, or service; and (d) except as
expressly stated
herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or
transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or
other addition to
functionality of the Site shall be subject to these Terms. All copyright and other proprietary
notices on the Site (or
on any content displayed on the Site) must be retained on all copies thereof.
- Modification. Company reserves the right, at any time, to modify, suspend, or
discontinue the
Site (in whole or in part) with or without notice to you. You agree that Company will not be liable
to you or to any
third party for any modification, suspension, or discontinuation of the Site or any part thereof.
- No Support or Maintenance. You acknowledge and agree that Company will have no
obligation
to provide you with any support or maintenance in connection with the Site.
- Ownership.Excluding any User Content that you may provide (defined below), you
acknowledge that all the intellectual property rights, including copyrights, patents, trade marks,
and trade secrets, in
the Site and its content are owned by Company or Company’s suppliers or affiliates. Neither these
Terms (nor your
access to the Site) transfers to you or any third party any rights, title or interest in or to such
intellectual property
rights, except for the limited access rights expressly set forth in Section 2.1. Company and its
suppliers or affiliates
reserve all rights not granted in these Terms. There are no implied licenses granted under these
Terms.
3. USER CONTENT
- User Content. “User Content” means any and all information and content that a user
submits to,
or uses with, the Site (e.g., content in the user’s profile or postings). You are solely responsible
for your User
Content. You assume all risks associated with use of your User Content, including any reliance on
its accuracy,
completeness or usefulness by others, or any disclosure of your User Content that personally
identifies you or any
third party. You hereby represent and warrant that your User Content does not violate our Acceptable
Use Policy
(defined in Section 3.3). You may not represent or imply to others that your User Content is in any
way provided,
sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may
expose
yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company
is not
obligated to backup any User Content, and your User Content may be deleted at any time without prior
notice. You
are solely responsible for creating and maintaining your own backup copies of your User Content if
you desire.
- License. You hereby grant (and you represent and warrant that you have the right to
grant) to
Company an irrevocable, perpetual, nonexclusive, transferable, royalty-free and fully paid up,
worldwide license to
reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into
other works, and
otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights,
solely for the purposes
of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be
waived) any
claims and assertions of moral rights or attribution with respect to your User Content.
- Acceptable Use Policy. The following terms constitute our “Acceptable Use
Policy”:
- You agree not to use the Site to collect, upload, transmit, display, or
distribute any User
Content (i) that violates any third-party right, including any copyright, trademark, patent,
trade secret, moral right,
privacy right, right of publicity, or any other intellectual property or proprietary right;
(ii) that is unlawful, harassing,
abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory,
false, intentionally
misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism,
bigotry, hatred, or physical
harm of any kind against any group or individual or is otherwise objectionable; (iii) that
is harmful to minors in any
way; or (iv) that is in violation of any law, regulation, or obligations or restrictions
imposed by any third party.
- In addition, you agree not to: (i) upload, transmit, or distribute to or
through the Site any
computer viruses, worms, or any software intended to damage or alter a computer system or
data; (ii) send through
the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam,
chain letters, pyramid
schemes, or any other form of duplicative or unsolicited messages, whether commercial or
otherwise; (iii) use the
Site to harvest, collect, gather or assemble information or data regarding other users,
including e-mail addresses,
without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or
networks connected to the
Site, or violate the regulations, policies or procedures of such networks; (v) attempt to
gain unauthorized access to
the Site (or to other computer systems or networks connected to or used together with the
Site), whether through
password mining or any other means; (vi) harass or interfere with any other user’s use and
enjoyment of the Site; or
(vi) use software or automated agents or scripts to produce multiple accounts on the Site,
or to generate automated
searches, requests, or queries to (or to strip, scrape, or mine data from) the Site
(provided, however, that we
conditionally grant to the operators of public search engines revocable permission to use
spiders to copy materials
from the Site for the sole purpose of and solely to the extent necessary for creating
publicly available searchable
indices of the materials, but not caches or archives of such materials, subject to the
parameters set forth in our
robots.txt file).
- Enforcement.We reserve the right (but have no obligation) to review any User
Content, and to
investigate and/or take appropriate action against you in our sole discretion if you violate the
Acceptable Use Policy
or any other provision of these Terms or otherwise create liability for us or any other person. Such
action may
include removing or modifying your User Content, terminating your Account in accordance with Section
8, and/or
reporting you to law enforcement authorities.
- Feedback.s If you provide Company with any feedback or suggestions regarding the
Site
(“Feedback”), you hereby assign to Company all rights in such Feedback and agree
that Company shall have the
right to use and fully exploit such Feedback and related information in any manner it deems
appropriate. Company
will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree
that you will
not submit to Company any information or ideas that you consider to be confidential or proprietary.
4. INDEMNIFICATION.
You agree to indemnify and hold Company (and its officers, employees, and agents)
harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to
or
arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of
applicable
laws or regulations or (d) your User Content. Company reserves the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to indemnify us, and you agree to
cooperate with our defense of these claims. You agree not to settle any matter without the prior written
consent of Company. Company will use reasonable efforts to notify you of any such claim, action or
proceeding upon becoming aware of it.
5. THIRD-PARTY LINKS & ADS; OTHER USERS
- Third-Party Links & Ads. The Site may contain links to third-party websites and
services,
and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such
Third-Party Links
& Ads are not under the control of Company, and Company is not responsible for any Third-Party Links
& Ads.
Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not
review,
approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links &
Ads. You use
all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and
discretion in doing so.
When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and
policies apply,
including the third party’s privacy and data gathering practices. You should make whatever
investigation you feel
necessary or appropriate before proceeding with any transaction in connection with such Third-Party
Links & Ads.
- Other Users. Each Site user is solely responsible for any and all of its own User
Content.
Because we do not control User Content, you acknowledge and agree that we are not responsible for
any User
Content, whether provided by you or by others. We make no guarantees regarding the accuracy,
currency,
suitability, or quality of any User Content. Your interactions with other Site users are solely
between you and such
users. You agree that Company will not be responsible for any loss or damage incurred as the result
of any such
interactions. If there is a dispute between you and any Site user, we are under no obligation to
become involved.
6. DISCLAIMERS
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR
SUPPLIERS AND AFFILIATES) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND
CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS AND
AFFILIATES) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE
AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE
ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR
SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH
WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.\
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR
SUPPLIERS AND AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS,
LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR
RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE
OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING
THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR
RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S.
$50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE
THAT OUR SUPPLIERS OR AFFILIATES WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR
RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
8. TERM AND TERMINATION
You hereby release and forever discharge the Company (and our officers, employees, agents, successors,
and
assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim,
controversy,
demand, right, obligation, liability, action and cause of action of every kind and nature (including
personal injuries,
death, and property damage), that has arisen or arises directly or indirectly out of, or that relates
directly or indirectly
to, the Site (including any interactions with, or act or omission of, other Site users or any
Third-Party Links & Ads).
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION
1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
9. TERM AND TERMINATION.
Subject to this Section, these Terms will remain in full force and effect while you
use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any
time
for any reason at our sole discretion, including for any use of the Site in violation of these Terms.
Upon
termination of your rights under these Terms, your Account and right to access and use the Site will
terminate immediately. You understand that any termination of your Account may involve deletion of your
User Content associated with your Account from our live databases. Company will not have any liability
whatsoever to you for any termination of your rights under these Terms, including for termination of
your
Account or deletion of your User Content. Even after your rights under these Terms are terminated, the
following provisions of these Terms will remain in effect: Sections 2.2 through 2.5, Section 3 and
Sections
4 through 10.
10. COPYRIGHT POLICY.
Company respects the intellectual property of others and asks that users of our Site do the same. In
connection with
our Site, we have adopted and implemented a policy respecting copyright law that provides for the
removal of any
infringing materials and for the termination, in appropriate circumstances, of users of our online Site
who are repeat
infringers of intellectual property rights, including copyrights. If you believe that one of our users
is, through the
use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly
infringing material
removed, the following information in the form of a written notification (pursuant to 17 U.S.C. §
512(c)) must be
provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us
to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not
authorized by the
copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that
you are
either the owner of the copyright that has allegedly been infringed or that you are authorized to
act on
behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a
written
notification automatically subjects the complaining party to liability for any damages, costs and
attorney’s fees
incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Company is:
Designated Agent: Michael Snyder
Address of Agent: 6001 W Parmer Ln STE 370 PMB 1533 Austin, TX 78727
Telephone: 512-337-3937
Email: legal@openhumanity.com
11. General
- Changes. These Terms are subject to occasional revision, and if we make any
substantial
changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us
(if any), and/or
by prominently posting notice of the changes on our Site. You are responsible for providing us with
your most
current e-mail address. In the event that the last e-mail address that you have provided us is not
valid, or for any
reason is not capable of delivering to you the notice described above, our dispatch of the e-mail
containing such
notice will nonetheless constitute effective notice of the changes described in the notice. Any
changes to these
Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an
e-mail notice to you
(if applicable) or thirty (30) calendar days following our posting of notice of the changes on our
Site. These changes
will be effective immediately for new users of our Site. Continued use of our Site following notice
of such changes
shall indicate your acknowledgement of such changes and agreement to be bound by the terms and
conditions of
such changes.
- Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your
contract with Company 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 the Company 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. Unless
otherwise agreed
to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to
you and the Company,
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 the Company should be
sent to: 6001 W
Parmer Ln, STE 370 PMB 1533, Austin, Texas 78727. After the Notice is received, you and the
Company may
attempt to resolve the claim or dispute informally. If you and the Company do not resolve the
claim or dispute
within thirty (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 the
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 (“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. If you reside outside of the U.S., the
arbitrator shall give the parties
reasonable notice of the date, time and place of any oral hearings. Any judgment on the award
rendered by the
arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you
an award that is greater
than the last settlement offer that the Company made to you prior to the initiation of
arbitration, the Company will
pay you the greater of the award or $2,500.00. 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 based
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 agreed by the
parties.
- Time Limits. If you or the Company 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 the Company, 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 the Company.
- 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 a court and
are subject to very limited review by a court. In the event any litigation should arise between
you and the Company
in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise,
YOU AND THE
COMPANY 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 paragraph 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.
- 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
Arbitration
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 Arbitration Agreement.
- Survival of Agreement. This Arbitration Agreement will survive the termination of
your
relationship with Company.
- Small Claims Court. Notwithstanding the foregoing, either you or the Company 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 secrets shall not be subject to this Arbitration Agreement.
- Courts. In any circumstances where the foregoing Arbitration Agreement permits the
parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of
the courts located within
Travis County, Texas, for such purpose.
- Export. The Site may be subject to U.S. export control laws and may be subject to
export or
import regulations in other countries. You agree not to export, reexport, or transfer, directly or
indirectly, any U.S.
technical data acquired from Company, or any products utilizing such data, in violation of the
United States export
laws or regulations.
- Disclosures. Company is located at the address in Section 10.8. If you are a
California resident,
you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product 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.
- Electronic Communications.The communications between you and Company use electronic
means, whether you use the Site or send us emails, or whether Company posts notices on the Site or
communicates
with you via email. For contractual purposes, you (a) consent to receive communications from Company
in an
electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and
other
communications that Company provides to you electronically satisfy any legal requirement that such
communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your
non-waivable
rights.
- Entire Terms. These Terms constitute the entire agreement between you and us
regarding the use
of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not
operate as a waiver of
such right or provision. The section titles in these Terms are for convenience only and have no
legal or contractual
effect. The word “including” means “including without limitation”. If any provision of these Terms
is, for any
reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired
and the invalid or
unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum
extent
permitted by law. Your relationship to Company is that of an independent contractor, and neither
party is an agent or
partner of the other. These Terms, and your rights and obligations herein, may not be assigned,
subcontracted,
delegated, or otherwise transferred by you without Company’s prior written consent, and any
attempted assignment,
subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company
may freely assign
these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
- Copyright/Trademark Information. Copyright © 2022 Open Humanity Inc. All rights
reserved.
All trademarks, logos and service marks (“Marks”) displayed on the Site are our
property or the property of other
third parties. You are not permitted to use these Marks without our prior written consent or the
consent of such third
party which may own the Marks.
- Contact Information:
Michael Snyder
Address:
6001 W Parmer Ln
STE 370 PMB 1533
Austin, Texas 78727
Telephone: 512-611-4674
Email: legal@openhumanity.com