Common use of Arbitration Notice Clause in Contracts

Arbitration Notice. EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND DYNABLISS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. BY CONTINUING TO USE THE APPLICATION, AND UNLESS YOU OPT-OUT, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING xxxxxxx@xxxxxxxxx.xxx WITHIN 30 DAYS OF ACCEPTING THESE TERMS. TERMS OF USE Effective 11/21/2019 Please note, these Terms of Use (the "Terms") constitute a binding agreement between You ("You" or "Your") and DynaBliss, Inc. ("DynaBliss", "We", "Us", "Our"). These Terms govern Your use of the DynaBliss website (the "Website") and AcuBliss™ application (the "Application" or "App") and the services available through the Website and App (collectively, the "Services"). By using or continuing to use the Services, You indicate that You have read, understand, and agree to these Terms and the DynaBliss Privacy Policy. All capitalized terms not defined in these Terms are defined in the Privacy Policy. IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES.

Appears in 1 contract

Samples: go.acubliss.app

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Arbitration Notice. EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND DYNABLISS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. BY CONTINUING TO USE THE APPLICATION, AND UNLESS YOU OPT-OUT, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING xxxxxxx@xxxxxxxxx.xxx WITHIN 30 DAYS OF ACCEPTING THESE TERMS. TERMS OF USE Effective AND CONDITIONS Effective 11/21/2019 Please note, these Terms of Use and Conditions (the "Terms") constitute a binding agreement between You ("You" or "Your") and DynaBliss, Inc. ("DynaBliss", "We", "Us", "Our"). These Terms govern Your use of the DynaBliss website (the "Website") and AcuBliss™ application (the "Application" or "App") and the services available through the Website and App (collectively, the "Services"). By using or continuing to use the Services, You indicate that You have read, understand, and agree to these Terms and the DynaBliss Privacy Policy. All capitalized terms not defined defined in these Terms are defined defined in the Privacy Policy. IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES.

Appears in 1 contract

Samples: register.acubliss.app

Arbitration Notice. EXCEPT IF YOU OPT-OUT AND THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED MENTIONED IN THE ARBITRATION SECTION BELOWCLAUSE, YOU AGREE THAT TO RESOLVE ALL DISPUTES BETWEEN YOU AND DYNABLISS WILL BE RESOLVED BY BINDINGARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES WITH XXXXXXX SQUARE THROUGH BINDING ARBITRATION, INDIVIDUAL ARBITRATION. BY CONTINUING TO USE THE APPLICATIONNOT IN A COURT, AND UNLESS YOU OPT-OUT, YOU WAIVE YOUR ANY RIGHT TO PARTICIPATE IN A CLASS CLASS- ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPTNo Investment Advice, Offer or Recommendations You acknowledge that the content of the Services is for general, informational purposes only and is not intended to constitute, and does not constitute, investment, strategic or other advice or an offer, solicitation, endorsement or recommendation to sell or buy any securities or other assets or promise to undertake or solicit business. You acknowledge that the content of the Services may not be relied upon in connection with any offer or sale of securities of other assets. An offer or solicitation will be made only through a final prospectus and other related documents with respect to a particular investment opportunity, and will be subject the terms and conditions contained in such documents, including the qualifications necessary to become an investor. In addition, no information, content or other materials contained on the Services should be construed or relied upon as investment, legal, accounting, tax or other professional advice. You are solely responsible for evaluating the risks and merits regarding the use of the Services. If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs. You agree that Xxxxxxx Square is not liable for any action you take or decision you make in reliance on any of the Services. Xxxxxxx Square will not treat users of the Services as its partners, clients, customers or investors by virtue of their accessing the Services. Xxxxxxx Square does not advise on the tax consequences of any investment. Past Performance Past performance is not indicative of future results. No representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. Any performance data or comments expressed on the Services are an indication of past performance. Forward Looking Statements Xxxxxxx Square makes no representations that any information provided via the Services is accurate, reliable, current or complete. Certain information on the Services may contain forward-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING xxxxxxx@xxxxxxxxx.xxx WITHIN 30 DAYS OF ACCEPTING THESE TERMSlooking statements, which reflect our views with respect to, among other things, our operations and financial performance. TERMS OF USE Effective 11/21/2019 Please noteSuch forward-looking statements are subject to various risks and uncertainties and speak only as of the date on which they are made. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from what may be indicated in these statements. You can identify these forward-looking statements by the use of words such as “outlook,” “indicator,” "believe," "expect," “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “anticipate,” “optimistic,” “intend,” “plan,” “estimate,” “aim,” “will” or the negative version of these words or similar expressions. Xxxxxxx Square undertakes no obligation to update publicly or revise any information on the Services, whether as a result of new information, future developments or otherwise. Opinions and any other contents of the Services are subject to change without notice. Acceptable Use You agree to only use the Services for the purposes for which they have been designed. You will comply with these Terms of Use (and all applicable local, state, national, and international laws, rules, and regulations, and will not encourage or promote any activity that violates these Terms of Use. Restrictions on Use By accessing or otherwise using the "Terms") constitute a binding agreement between You ("You" Services, you agree that you will not under any circumstances: • use the Services for any unlawful purpose or "Your") and DynaBlissfor the promotion of illegal activities; • attempt to interfere in any way with the Services’ networks or network security, Inc. ("DynaBliss", "We", "Us", "Our"). These Terms govern Your or attempt to use the Services to gain unauthorized access to any other computer system; • interfere or attempt to interfere with the proper functioning of the Services; • make any automated use of the DynaBliss website Services, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; • interfere with the function of the Services or restrict or inhibit any others from using the Services; • bypass any measures we take to restrict access to the Services or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data; • publish or link to malicious content; • imply when linking from third party websites to the Services that Xxxxxxx Square has endorsed or is affiliated with such websites. Xxxxxxx Square has the right (but not the "Website"obligation) to monitor the Services for any unauthorized or objectionable conduct and AcuBliss™ application (to take all appropriate actions in response, without notice to you. We may at any time revoke your right to use all or any portion of the "Application" Services. Xxxxxxx Square may investigate any complaint regarding a suspected violation of these Terms of Use, and may report any activity relating to the Services to regulators, law enforcement officials or "App") other persons or entities that we deem appropriate. International Use The Services are operated and controlled by us in the United States, and, unless otherwise specified, are directed at residents of the United States. Despite the global nature of the Internet, Xxxxxxx Square makes no claims that the Services are appropriate or may be viewed or used outside the United States. Access to the Services from countries or territories where such access is illegal is prohibited. Xxxxxxx Square makes no representations that the transactions, products or services available discussed on or accessible through the Website Services are available or appropriate for sale or use in all jurisdictions or by all users. Those who access the Services from outside the United States do so on their own initiative and App (collectivelyare responsible for compliance with local laws, rules and regulations. Xxxxxxx Square is exempt from the requirement to hold an Australian financial services license under the Corporations Act and is regulated by the Securities and Exchange Commission under United States laws, which differ from Australian laws. For Australian investors, the "Services")Services are intended to be accessed only by wholesale investors. By using Proprietary Rights The Services are the exclusive property of and owned by Xxxxxxx Square. The Services contain, and are protected by, copyrights, trademarks and other intellectual property rights owned by Xxxxxxx Square or continuing third parties that have licensed their materials or provided services to use us. Xxxxxxx Square reserves all of its intellectual property rights in the Services, and these Terms of Use do not grant you any right or license with respect to any such intellectual property. You indicate agree not to sell, license, copy, reproduce, modify, republish, transmit, edit, adapt, create derivative works from, distribute or otherwise make unauthorized use of any such intellectual property from the Services without express written permission from Xxxxxxx Square. You may download or copy content on the Services only to the extent such download is expressly permitted in writing on the Services. If you download such content, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such content or alter or modify the content in your copies. You agree not to reverse-engineer, decompile, disassemble or otherwise attempt to extract or discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Notice of Copyright Infringement The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Services infringes your copyright, please send us a notice containing the following information: • 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 readbeen infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works. • Identification of the material that is claimed to be infringing or to be the subject of infringing activities and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate such material. • Contact information for the notifying party, including name, address, telephone number, and email address. • 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. • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. • Please submit this notice to Xxxxxxx Square at 000 Xxxxxxxxxx Xxxxxx, Xxxxx 0000, Xxx Xxxxxxxxx, XX 00000 or xxxx@xxxxxxxxxx.xxx. Third Party Content The Services may contain references to names, marks, products or services of third parties, or hyperlinks to third party sites or information that Xxxxxxx Square does not monitor or control (“Third Party Content”). Such Third Party Content is provided solely as a convenience to you and our reference to it does not in any way constitute or imply endorsement, sponsorship or recommendation of the third party or the Third Party Content. Xxxxxxx Square has neither reviewed the Third Party Content nor is Xxxxxxx Square responsible for the practices or policies of such third parties with regard to the Third Party Content. Xxxxxxx Square makes no representations whatsoever regarding the Third Party Content and the use of Third Party Content is entirely at your own risk. Disclaimers TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, ACCESS TO THE SERVICES, AND ALL RELATED CONTENT, SERVICES AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE OR THAT ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. XXXXXXX SQUARE DOES NOT WARRANT THAT ANY PART OF THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND SOLE RISK. Without limiting the foregoing, we are not responsible or liable for the accuracy, usefulness, timeliness or availability of any information transmitted or made available via the Services, and are not responsible or liable for any error or omissions in that information. You understand, acknowledge and agree that you are assuming the entire risk as to these Terms the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all content, features and functions of the DynaBliss Privacy PolicyServices. All capitalized terms not defined in these Terms are defined in the Privacy PolicyLimitation on Liability YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES XXXX XXXXXXX SQUARE, ITS MEMBERS, LICENSORS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, PARENT COMPANIES, SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, COMMUNICATIONS LINE FAILURE, INTERNET FAILURE OR DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, THAT RESULT FROM OR ARE RELATED TO USE OR LOSS OF USE OF THE SERVICES, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS. THIS IS TRUE EVEN IF YOU DO NOT UNDERSTAND XXXXXXX SQUARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL XXXXXXX SQUARE BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITY IN CONNECTION WITH YOUR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION OR MATERIALS ON THE SERVICES, EVEN IF XXXXXXX SQUARE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THIS AGREEMENT LIMITATION INCLUDES DAMAGES TO OR DO NOT AGREE TO BE BOUND BY THESE TERMSFOR ANY VIRUSES THAT INFECT YOUR COMPUTER EQUIPMENT. IN THE EVENT OF ANY PROBLEM WITH THE SERVICES, YOU MAY NOT USE AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SERVICES.. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH HEREIN WILL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAW OR A COURT OF COMPETENT JURISDICTION REQUIRES LIABILITY UNDER APPLICABLE LAW BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS Indemnity To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless XXXXXXX SQUARE, its members, licensors, officers, directors, managers, employees, agents, subsidiaries, parent companies and affiliates (the “Indemnitees”) from and against all third party complaints, charges, claims, losses, expenses, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) due to, arising out of, or relating in any way to:

Appears in 1 contract

Samples: Terms of Use

Arbitration Notice. EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION PROVISIONS AND CLASS ACTION WAIVER” SECTION BELOW, AND UNLESS YOU OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND DYNABLISS RUBY OR OTHER PARTIES DESCRIBED HEREIN WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. BY CONTINUING TO USE ARBITRATION AT THE APPLICATIONELECTION OF EITHER PARTY, AND UNLESS YOU OPT-OUT, YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS OR TO PARTICIPATE IN A CLASS CLASS, PRIVATE ATTORNEY GENERAL, REPRESENTATIVE, OR COLLECTIVE ACTION LAWSUIT IN COURT OR CLASS-WIDE IN ARBITRATION. YOU CAN OPTCALL RUBY If you have any questions about these Terms or our Services, please contact xxxxxxx@xxxx.xxx or 000-OUT 000-0000. ACCEPTANCE By accessing or using any of our Services, you agree to be unconditionally bound by these Terms. Where the option is made available to you, you may accept the Terms by your statement or by clicking to accept or agree to the Terms over the phone or chat or in any agreement, electronic form, or the user interface for any Service we offer. You must be of legal age and capacity to form a binding contract to accept the Terms. If you do not agree with any of these Terms, do not access the Site or use our Services. If you are using or accessing the Services on behalf of a company or other entity (“Entity”), you represent, agree, and warrant that you are authorized to act on behalf of the Entity and to bind such Entity to these Terms. ACCEPTANCE OF THE ARBITRATION AGREEMENT BY CONTACTING xxxxxxx@xxxxxxxxx.xxx WITHIN 30 DAYS THESE TERMS IS REQUIRED FOR USE OF ACCEPTING RUBY’S SERVICES AND ANY USE OF RUBY’S SERVICES SHALL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS. TERMS OF USE Effective 11/21/2019 Please note, these Terms of Use (the "Terms") constitute a binding agreement between You ("You" or "Your") and DynaBliss, Inc. ("DynaBliss", "We", "Us", "Our"). These Terms govern Your use of the DynaBliss website (the "Website") and AcuBliss™ application (the "Application" or "App") and the services available through the Website and App (collectively, the "Services"). By using or continuing to use the Services, You indicate that You have read, understand, and agree to these Terms and the DynaBliss Privacy Policy. All capitalized terms not defined in these Terms are defined in the Privacy Policy. IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES.

Appears in 1 contract

Samples: www.ruby.com

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Arbitration Notice. EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND DYNABLISS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. BY CONTINUING TO USE THE APPLICATION, AND UNLESS YOU OPT-OUT, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING xxxxxxx@xxxxxxxxx.xxx WITHIN 30 DAYS OF ACCEPTING THESE TERMS. TERMS OF USE Effective Effective 11/21/2019 Please note, these Terms of Use (the "Terms") constitute a binding agreement between You ("You" or "Your") and DynaBliss, Inc. ("DynaBliss", "We", "Us", "Our"). These Terms govern Your use of the DynaBliss website (the "Website") and AcuBliss™ application (the "Application" or "App") and the services available through the Website and App (collectively, the "Services"). By using or continuing to use the Services, You indicate that You have read, understand, and agree to these Terms and the DynaBliss Privacy Policy. All capitalized terms not defined defined in these Terms are defined defined in the Privacy Policy. IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES.

Appears in 1 contract

Samples: go.acubliss.app

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