Last Updated: November 23, 2016
AnnieGirl® Multi-Media (“AGMM”) is pleased to provide to you its sites, software, applications, content, products and services (“AGMM Services”), which may be branded Legal Savvy®, AnnieGirl® Press, AnnieGirl® Films, AnnieGirl® Multi-Media, Law Office of Anne Moebes, marketinglawadvisor or another brand owned or licensed by AnnieGirl® Multi-Media. These terms (“Terms”) govern your use and our provision of the AGMM Services on which these Terms are posted, as well as AGMM Services we make available on third-party sites and platforms if these Terms are disclosed to you in connection with your use of the AGMM Services.
- Acceptance of these Terms
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE AGMM SERVICES. ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THESE TERMS. NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
These Terms are a contract between you and AGMM, located at 530 S. Lake Avenue, Suite 900, Pasadena, CA 91101, USA, or between you and any different service provider identified for a particular AGMM Service. You must read and agree to these Terms before using the AGMM Services. If you do not agree, you may not use the AGMM Services. These Terms describe the limited basis on which the AGMM Services are available and supersede prior agreements or arrangements.
Supplemental terms and conditions or separate license or subscription agreements may apply to some AGMM Services or AGMM Content (defined in Section 4), such as rules for a particular competition, service or other activity, or terms that may accompany certain content or software accessible through the AGMM Services. Supplemental terms and conditions will be disclosed to you in connection with such competition, service or activity. Any supplemental terms and conditions are in addition to these Terms and, in the event of a conflict, prevail over these Terms.
Amendments to these Terms. We may amend these Terms at any time (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these Terms, we will post the amended Terms (with date of such amended Terms) on the AGMM Services. We may also, in our sole discretion, notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other 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 any amendment described in the notice. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the AGMM Services. If you do not agree to any change to these Terms, you must discontinue using the AGMM Services. Our customer service representatives are not authorized to modify any provision of these Terms, either verbally or in writing. We may immediately terminate these Terms with respect to you (including your access to the AGMM Services) if you fail to comply with any provision of these Terms.
Electronic Form/Communications. When you visit the AGMM Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our sites.
3. Use of the AGMM Services
A. Carrier Charges. You are responsible to pay carrier data, messaging and other fees resulting from your use of the AGMM Services. Data and messaging (including SMS text messages) plans may be required to use the mobile features of the AGMM Services. Standard data and messaging charges, fees and taxes from your carrier may apply.
B. Registration. Some of the AGMM Services may permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You will not use a false e-mail address, impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information. You will not use a user/account name that is vulgar or otherwise offense (as determined by AGMM) or that infringes any trademark or other proprietary rights of others.
C. Security of Username and Password. You are entirely responsible for maintaining the confidentiality of your username(s), password(s), and your account(s) and are responsible for all activities that occur under your account(s). You agree to promptly notify us at email@example.com of any unauthorized use of your user name, password, other account information, or any other breach of security that you become aware of involving or relating to any AGMM Service. In addition, you agree to exit from your account at the end of each session.
D. Account Termination. We may, at any time, suspend or terminate your account and your ability to use any AGMM Service or portion thereof for failure to comply with these Terms or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever, immediately and without notice. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances of the accounts of users who are repeat infringers of copyright.
4. Use of AGMM Content
Exclusive of the “User Content” defined in Section5, all information, materials, functions, text, photographs, video, graphics, music, images, animations, audio, “applets” incorporated into the software data, sounds, messages, trademarks, service marks, trade names, trade dress and other content (together “AGMM Content“) contained on the AGMM Services, as well as the selection, coordination, arrangement and enhancement of AGMM Content, is owned by us or our licensors and is protected by laws governing copyrights, patents, trademarks, trade secrets and/or other proprietary rights, as applicable.
You agree not to reproduce, publish, transmit, distribute, perform, sell, resell, create derivative works of, or in any way exploit the AGMM Content, in whole or in part, without our prior written consent, except that where an AGMM Service or AGMM Content is configured to enable the download of particular AGMM Content, you may download one copy of such AGMM Content (or such number of copies as we may specify in a separate license from us to you in connection with such download) to a single computer for your personal, non-commercial use only as provided in these Terms or as may be otherwise permitted by us in such separate license, provided that you do not alter any such AGMM Content, you keep intact all copyright and other proprietary notices and you do not use the AGMM Content in any way that would express or imply an association between you and the products and services of AGMM, its affiliated companies or any third party. You acknowledge that you do not acquire any ownership rights in any AGMM Content downloaded from the AGMM Services.
You further agree that you will not use any “re-mailing” or high-volume or automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the AGMM Services, or to manipulate the AGMM Services. You will take no action to interfere with, interrupt, destroy or limit the functionality of the AGMM Services or any computer software or hardware or telecommunications equipment. You may not use the AGMM Services in any manner that could damage, disable, overburden, or impair any AGMM server, or the network(s) connected to any AGMM server, or interfere with any other party’s use and enjoyment of any AGMM Services. You may not attempt to gain unauthorized access to any AGMM Services or AGMM Content, other accounts, computer systems or networks connected to any AGMM server or to any of the AGMM Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the AGMM Services. You may not use the AGMM Services to collect in any way personal information about others, including e-mail addresses, passwords or other account information, or download, or otherwise copy or provide to a person or entity any directory of users of the AGMM Services or use such information to send unsolicited emails. You may not improperly use support or complaint buttons or make false reports to AGMM administrators. You may not reverse engineer, decompile or disassemble any software accessed through AGMM Services, including any proprietary communications protocol used by the AGMM Services. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the AGMM Services without express written consent. You may not use any Meta tags or any other “hidden text” utilizing the name or trademarks of AGMM or its affiliated companies without the express written consent of AGMM.
- Your Content
A. Definition of User Content. In these Terms, we use the word “User Content” to mean email services, text, messages, reviews, comments, photos, video, communications, suggestions, ideas, questions, your and/or other persons’ names, likenesses, voices, usernames, profiles, and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, “Distribute“) on or through an AGMM Service (together “User Content”).
B. No Compensation or Confidentiality. You agree that you have no expectation of any review, compensation or consideration of any type in connection with your User Content. Further, you agree that any User Content you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. We, our licensees, distributors, agents, representatives and other authorized users will be entitled to exploit, as set forth in Section 5(D) below, and disclose all User Content, and we will not be liable to you or to any person claiming through you for any exploitation or disclosure of any User Content.
C. Removal/Cooperation. We have no obligation to monitor the User Content. We reserve the right, but disclaim any obligation or responsibility, to: (i) refuse to post or communicate or remove any User Content from any AGMM Services that violates these Terms (including the Rules of Conduct) and (ii) identify any user to third parties, and/or disclose to third parties any User Content or personally identifiable information, when we believe in good faith that such identification or disclosure will either (a) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (b) help to enforce these Terms (including the Rules of Conduct) and/or protect the safety or security of any person or property, including any AGMM Service. Moreover, we retain all rights to remove User Content at any time for any reason or no reason whatsoever.
D. License of User Content. You hereby grant us and our affiliated companies, employees, licensees, distributors, agents, representatives and other authorized users of the Sites, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify and create derivative works based upon, perform and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes (the “Submissions License“). To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the User Content you submit.
E. Representations and Warranties. You represent and warrant that the User Content you submit and your communication thereof conform to the Rules of Conduct (set forth below in Section 7 labeled “Rules of Conduct”) and other requirements of these Terms and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such User Content in all manners contemplated by these Terms (including the Submissions License).
- Public Forums and Communication
“Public Forum” means an area, site or feature offered as part of any AGMM Services that offers the opportunity for users to Distribute User Content for viewing by one or more AGMM Service users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails). You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any User Content to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You are and will remain solely responsible for the User Content you Distribute on or through any AGMM Services under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. Also, you agree that your use of any User Content posted in any Public Forum or otherwise on any AGMM Service by another user is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum. Nor are we responsible for any content posted by users that violates these Terms. We specifically disclaim any and all liability in connection with content posted by users. We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to User Content you Distribute.
- Rules of Conduct
The following Rules of Conduct apply to the AGMM Services. By using the AGMM Services, you agree that you will not Distribute any User Content that:
A. is: (i) defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (ii) bigoted, hateful, or racially or otherwise offensive; (iii) violent, vulgar, obscene, pornographic or otherwise sexually explicit; (iv) otherwise harms or can reasonably be expected to harm any person or entity; or (v) illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
B. infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation;
C. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
D. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the AGMM Services or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the AGMM Services;
E. does not generally pertain to the designated topic or theme of the relevant Public Forum;
F. violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures;
G. is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” use of excessive SHOUTING (all caps) and “griefing” as those terms are commonly understood and used on the Internet.
We cannot and do not ensure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms, and, as between you and us, you assume all risk of harm or injury resulting from any such lack of compliance.
- Paid Transactions
A. Identity of Seller. Sales are made by AGMM or the seller identified at the time of sale, if different. If you have questions about your order, please contact the seller at the address provided and they will assist you. Some storefronts on the AGMM Services may be operated by third parties and, in that case, different or additional sale terms may apply, which you should read when they are presented to you.
B. Digital Content. We may make applications, software or other digital content available on the AGMM Services for you to license for a one-time fee. When purchasing a license to access such material from an AGMM Service, charges, and the terms of any such licenses, including the number of users that may access the content, will be disclosed to you on the AGMM Service before you complete the license purchase.
We may also make available to you certain free content in connection with a special promotion or feature. We grant you only a limited, non-commercial, non-assignable license to access such content or functionality in the AGMM Services only for your personal use. You may not reproduce, distribute, modify or otherwise exploit such content.
C. Subscriptions. Some AGMM Services require paid subscriptions to access. By signing up for a subscription, you agree that, unless otherwise stated, your subscription will be automatically renewed and, unless you cancel your subscription, you authorize us to charge your payment method for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you at the time of sale. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. From time to time, we may offer a free trial subscription for an AGMM Service. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time. Pricing and any other terms of such subscriptions will be stated in connection with the subscription and supplemental to these Terms, provided that such separate terms will govern in the event of a conflict with these Terms.
D. Product Descriptions. AGMM attempts to be as accurate as possible. However, AGMM does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
E. The Order Process. For purchases made through the AGMM Services, you will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment. All fulfillment of orders is subject to availability.
F. Payments and Billing. When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
G. Right of Cancellation; Return of Goods. When you subscribe to an AGMM Service, you have the right to cancel your contract within fourteen (14) days after your receipt and acceptance of the subscription contract and you will receive a full refund of the subscription fee paid, if any. For semi-annual and annual subscriptions, if notice of cancellation is received within the first thirty (30) days following the first day of initial billing, you will receive a refund of the subscription fee paid. If we refund your subscription fee, you will still be obligated to pay other charges incurred.
When you purchase a license to access digital content, you will be given an opportunity to consent to delivery at the time of purchase. By consenting to delivery, you acknowledge that you have lost the right to cancel and the license purchase fee is non-refundable.
You have the right, within thirty (30) days from the date of your receipt of physical goods, to cancel our contract with you and return the goods. This right does not apply to goods stated by us on the AGMM Services to be non-returnable, including audio and video recordings, computer software, and CD’s, DVD’s or other physical media that have been unsealed. If you are returning goods that are not faulty, you may be required to pay for the cost of returning the goods to us and we may deduct a reasonable amount if you use the goods.
If you wish to cancel, you must do so by following the cancellation instructions for the particular AGMM Service. A sample cancellation form is available here.
H. Personalized Goods. Please note that the rights of cancellation and return do not apply for personalized goods. Cancellations and changes to personalized goods cannot be made once you have submitted your order and personalized items cannot be returned unless there is a manufacturing error or product defect. We reserve the right to refuse personalized orders at our discretion. Inappropriate use of our personalization service will cause your order to be cancelled and any payment refunded.
I. Pricing; Taxes. We may revise the pricing for products and services we offer. If you pay a periodic subscription fee for an AGMM Service, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change. When you place your order, we estimate the tax and include that estimate in the total for your convenience. The actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.
J. International Shipping; Customs. When ordering goods for delivery to countries other than the country where the seller is located, you may have to pay import duties and taxes levied. These and any additional charges for customs clearance must be borne by you. For goods shipped internationally, please note that disclaimers and terms and conditions may not be in destination country languages; and the goods and accompanying materials may not be designed in accordance with destination country standards, specifications, and labeling requirements. You are responsible for assuring the goods can be lawfully imported to the destination country. When ordering from us, the recipient is the importer of record and must comply with all laws and regulations of the destination country.
- Links and Endorsement Disclaimers
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the AGMM Services so long as the link does not portray AGMM in a false, misleading, derogatory, or otherwise offensive matter or express or imply any endorsement by AGMM of the site from which you are linking. Further, the site from which you are linking to the AGMM Services must not contain any obscene, defamatory, pornographic, offensive or illegal content. You may not use any logo or other proprietary graphic or trademark of AGMM or its affiliated companies as part of the link without express written permission of AGMM. Any uses not permitted by these Terms automatically terminates all permissions or licenses granted by AGMM in these Terms.
Any opinions, advice, statements, services, offers or other information or content made or expressed by third parties, including users, information providers, or others, are those of the respective authors or distributors and do not state or reflect those of AGMM or its affiliates. Further, reference on the AGMM Services by a third party, including users of the AGMM Services, to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, and however characterized, does not constitute or imply endorsement, recommendation, affiliation with or favoring of such products by AGMM, its affiliated companies or other users, nor, necessarily, the party making the statement. Nor do such statements necessarily indicate that the person making the statement received consideration in return for the statements, unless otherwise noted.
- Other Disclaimers
THE AGMM SERVICES AND AGMM CONTENT (INCLUDING INFORMATION, PRODUCTS (INCLUDING ANY SOFTWARE)) IS FOR YOUR PERSONAL, NONCOMMERCIAL USE AND INTENDED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. THE AGMM SERVICES AND AGMM CONTENT AND SERVICES ON OR OTHERWISE RELATED IN ANY WAY TO AGMM SERVICES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM ANY AGMM SERVICE IS PROVIDED “AS IS” AND “WHERE AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT OR SERVICES WILL BE ERROR-FREE, THAT ACCESS WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY AGMM SERVICE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
The AGMM Services may contain statements of current or future plans or intentions of AGMM or its affiliated companies; however, AGMM and its affiliated companies do not guarantee that any feature or product mentioned on the AGMM Services will be developed, produced, or produced in the form, except as required by law.
- Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS, OR ANY OF THE ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY AGMM SERVICE OR CONTENT, (B) ANY RELIANCE BY YOU ON INFORMATION CONTAINED ON THE AGMM SERVICES; OR (C) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF US OR ANY USER OF A AGMM SERVICE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER SUCH DAMAGES RISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $1000.00 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY AGMM SERVICE. MOREOVER, UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO AGMM SERVICES OR CHANGE THE AGMM SERVICES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY FOR ALL CLAIMS AGAINST AGMM AND ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED $1000. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- Additional Provisions
A. Binding Arbitration and Class Action Waiver. You and AGMM agree to arbitrate all disputes between you and AGMM or its affiliates, except disputes relating to the enforcement of AGMM or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the AGMM Services or these Terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and AGMM empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability of these Terms or formation of an agreement to these Terms, including the arbitrability of any dispute and any claim that all or any part of these Terms are void or voidable.
In the event of a dispute, you or AGMM must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to AGMM, 530 South Lake Avenue, Pasadena, California 91101, USA, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and AGMM will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and AGMM do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the Los Angeles County, California, United States of America, and you and AGMM agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor AGMM will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
B. Choice of Forum. You agree that any action at law or in equity arising out of or relating to these Terms or the AGMM Services that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the Los Angeles County, California, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
C. Choice of Law. These Terms are governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any conflict of law principles.
D. Severability. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
E. Survival. The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
F. Waiver. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.